HomeMy WebLinkAbout2001-08-15 CA Email Re Amended Developers Agreement (unsigned) Page l of l
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From: "Mark J. Vierling" <mvierling @eckberglammers.com>
To: "Dennis Postler" <dpostler @bonestroo.com>
Cc: "Scott Richards" <srichards @nacplanning.com>
Sent: Wednesday, August 15, 2001 2:18 PM
Attach: AAMEDED DDD LLC DA.doc
Subject: ddd Ik: AMENDED Dev Agr
I need figures for the project items noted in the document. Please provide
or advise if unable to do so.
Mark
8/21/2001
• •
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
AMENDED DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into this _ day of
, 2001, by and between the City of Oak Park Heights, a municipal corporation under the
laws of the State of Minnesota (the "City "), and DDD, LLC, a Minnesota Limited Liability
Company (the "Developers ").
WITNESSETH; That:
WHEREAS, the Developer has made application to the City Council for approval
of a Planned Unit Development and Conditional Use Permit affecting land within the corporate
limits of the City described as follows:
Lot 2, Block 1, Kern Center 2n Addition
(the "Subdivision "); and,
WHEREAS, the City Council has on April 24, 2001, granted approval of the
PUD /CUP permits on the condition that the Developer enter into this Agreement stipulating the
conditions for the installation of street, water, sewer and other public improvements as well as the
development of on -site improvements hereinafter described, all in accordance with the terms and
conditions hereinafter set forth.
WHEREAS, the Developer has requested amendment to the permits so granted by
the city and the city has allowed amendment subject to certain conditions.
NOW, THEREFORE, in consideration of the premises and of the mutual promises
and conditions hereinafter contained, it is hereby agreed as follows:
The terms and conditions specified in the original Development Agreement of
June 2001 shall be and are hereby incorporated by reference herein with the following changes:
• •
1. "2. DESCRIPTION OF PLAN A IMPROVEMENTS: ESTIMATED COST
1. Boulevard and swale sod $ 6,250.00
2. Boulevard trees $ 15,000.00
3. Street signs $ n/a
4. Street lights $ n/a
5. Grading $ 10,000.00
6. Erosion Control $ 2,150.00
7. Pond Protection & Restoration $ 2,500.00
8. Utility Protection & Repair $ 1,500.00
9. Street Protection & Repair $ 7,400.00
10. Drainage Pond/Outlet Construction $10,300.00
11. Trash Enclosure $ 500.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $ 55,600.00
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (20 %): $ 11,120.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $ 66,720.00
SECURITY REQUIREMENT (25 %) $ 16,680.00
• •
TOTAL PLAN A LETTER OF CREDIT/
CONSTRUCTION ESCROW $ 83,400.00"
2. "0 .The rms and provisions of the Amended Conditional Use Permit and Planned Unit
Development for DDD. LLC are attached hereto as Exhibit 1 and are
incorporated by reference herein."
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to
be duly executed on the date and year first above written.
CITY OF OAK PARK HEIGHTS
By:
David Beaudet, Mayor
Kim Kamper, Acting City Administrator
• •
DDD LLC.
By:
Its:
And
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this day of , 2001, before me a Notary Public, within
and for said County personally appeared David Beaudet and Kim Kamper, to me personally known,
being each by me duly sworn did say that they are respectively the Mayor and the Administrator of
the City of Oak Park Heights, the municipal corporation named in the foregoing
instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and
that said instrument was signed and sealed on behalf of said municipal corporation by authority of
its City Council and said Mayor and Administrator acknowledged said instrument to be the free act
and deed of said municipal corporation.
Notary Public
• •
STATE OF )
) ss.
COUNTY OF )
On this day of , 2001, before me, a Notary Public,
within and for said County and State, personally appeared and
, to me personally known, who, being each by me duly sworn did
say that they are respectively the and the of DDD,
LLC, a Minnesota Limited Liability Company, named in the foregoing instrument, and that said
instrument was signed on behalf of DDD, LLC by authority of its Board of Directors and said
and acknowledged said instrument to be the
free act and deed of said limited liability company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Mark J. Vierling
Eckberg, Lammers, Briggs, Wolff
& Vierling, P.L.L.P.
1835 Northwestern Avenue
Stillwater, MN 55082
(651) 439 -2878
• 1 •
Return to: AMENDED DEVELOPER'S AGREEMENT
Eckberg Law Firm
Attn: Mark J. Vierling
1835 Northwestern Avenue
Stillwater, MN 55082