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HomeMy WebLinkAbout2002-06-26 CA Ltr to OPH Re Phase 2 Development • • • 3 LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue James F. Lammers Stillwater, Minnesota 55082 Paul A. Wolff Robert G. Briggs * (1944 -1996) Mark J. Vierling •4- (651) 439 -2878 Thomas J. Weidner •4- Lyle J. Eckberg Susan D. Olson 4- FAX (651) 439 -2923 Of Counsel David K. Snyder •Qualified Neutral Arbitrator Timothy M. Kelley Writer's Direct Dial: (651) 351 - 2118 *Certified Real Estate Sperialist Sean P. Stokes 4-Qualified Neutral Mediator June 26, 2002 • ti g3 200'. Ms. Kris Danielson Community Development Director City of Oak Park Heights 14168 Oak Park Boulevard P.O. Box 2007 Oak Park Heights, Minnesota 55082 Re: DDD, LLC Pha 2 Development Dear Kris: I am in receipt of a message from Kathy Widin indicating that the Phase 2 Development costs for the tree and shrub plantings and installation for this development will be in the amount of $6,099.00. A memo modification to the Development Agreement with the City of Oak Park Heights should be put into place affecting the security to be posted by the developer as it affects this aspect of the Phase II development. I note that, pursuant to Paragraph 4(K) of the Developer's Agreement, the following information is also to be processed and provided by the developer as it affects Phase 2 of the development: "All cross - easements to allow street access to Phase 2 of this Development, in addition to all restrictive covenants or other agreements affecting land use of the premises between the two facilities, shall be subject to review and approval by the office of the City Attorney." • Ms. Kris Danielson June 26, 2002 Page 2 Please alert the developer to this requirement and have him provide this information to our offices at your earliest convenience. In the meantime, if the developer intends to proceed immediately with the Phase 2 development, we would require that the security be posted and this minimal modification to the Developer's Agreement be implemented immediately. Occupancy of the Phase 2 structures could be withheld pending completion of the obligations of Paragraph 4(K) as noted above. Yours very truly, Mark J. Vierling MJV /dcb cc: Kimberly Kamper Scott Richardson