HomeMy WebLinkAbout2006-09-07 Fully Executed 1st Amended Developer's AgreementFIRST AMENDMENT TO
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
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THIS AGREEMENT, made and entered into this I day of 2006, by and
between the City of Oak Park Heights, a municipal corporation under the laws of the State of
Minnesota (the "City"), and CSM Equities L.L.C, a Delaware Limited Liability Company, (the
"Developer ").
WITNESSETH; That:
WHEREAS, the Developer has made application to the City Council for approval of OAK
PARK COMMONS a plat of land within the corporate limits of the City described as follows:
(the "Subdivision "); and,
See Exhibit A
Attached
WHEREAS, the City and Developer have executed a Developer's Agreement dated: April
28, 2006 as Document # 3583139 in the office of the County Recorder and as Document # 1166949
in the office of the Registrar of Titles Washington County, Minnesota, however all parties desire to
amend same to include the construction of a cross - connection between Lot2, Block 1, Oak Park
Commons and the adjacent Wal-Mart Site as a Plan A improvement covered under existing letter of
credit security posted with the City.
NOW, THEREFORE, in consideration of the premises and of the mutual promises and
conditions hereinafter contained, it is hereby agreed as follows:
A. AMENDMENT: Paragraph 2 of the aforementioned Developer's Agreement is
hereby amended to provide as follows:
"2. DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST
1. Mobilization $80,000.00
2. Site Clearing $64,125.00
3. Erosion Control $49,000.00
4. Grading $311,800.00
5. Paving $548,980.00
6. Storm Sewer $261,375.00
7. Storm Water Management $82,500.00
8. Sanitary Sewer $20,410
9. Water Distribution $154,860.00
10 Landscaping $163,750.00
11. Lighting $85,000.00
12. City inspection Of Utilities $35,100.00
13. 60 street Construction $17,100.00
14. Cross - Connection (Wal-Mart to Lot 2 Block 1) $75-100,000.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: (less cross- connection)
$1,874,000.00
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (25 %): $468,500.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $2,342,500.00
SECURITY REQUIREMENT (25 %) $585,625.00
TOTAL PLAN A ESCROW Mess cross - connection amounts)
$2,928,125.00 "
B. The balance of the April 28, 2006 Developer's Agreement is retained without change
or modification.
' Security for the Cross Connection improvements shall be included as and part of the existing Letter of Credit for
the Plan A improvements .Additional security is not required however the City may stage release of the security in a
manner to assure that the cross - connection is completed to city engineer specification /approval.
IN WITNESS WHEREOF, the City and Developer have caused this First Amendment to
the Developer's Agreement to be duly executed on the date and year first above written.
Eri9 Johnson
Cy Administrator
Its
Its
t
In the presence of CSM Equities L.L.C, a Delaware Limited Liability
Company
Its E. &rail
Its Manager
Associated Bank (Letter of Credit Issuer-Plan A's
signing only to consent to the Letter of Credit
security being applied to the cross-connection element
of t A i •rovements)
1
Pr st
) Ss.
COUNTY OF WASHINGTON)
STATE OF MINNESOTA
On this day of , 2006, before me a Notary Public, within and for
said County personally appeared David Beaudet and Eric Johnson, 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.
ST .■ TE OF MINNESOTA
ss.
COUNTY WASHINGTON)
On this of
said County personally appec d
me personally known, being ea by me
and
Liability Company, a Minnesota Limited Pa
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
Notary Public
See next page
the seal affixed to said instrument is the e -. •rate 1 of said corporation, and that said instrument
was signed and sealed of ► R of said municipal . oration by authority of its Board of
Governors and and acknowledged said instrument
to - ree act and deed of said municipal corporation.
, 2006, before me a Notary Public, within and for
and , to
duly sworn did say that the espectively the
of _CSM E r ui : .C, a Delaware Limited
rshi. . e. in the foregoing instrument; and that
Notary Public
On this ;;). cr Y%y of
said County personally appeared
me personally known, beng each me
i
4 60L ,
STATE OF MINNESOTA
otary
, 2006, bef re me a Notary Public, within and for
and , to
duly sworn did say that they are respectively the
of_Associated Bank, named in the foregoing
6 6 ;
instrument; and
that said instrument was-signed-and-sealed •o
-Board
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instrument to-be the •free-aet-and-cle
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COUNTY OF HENNEPIN )
ubl c
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Nota Public
ipaL Fati€44493fratithe
' e°r P o
MARY KAY KOLB
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31. 2m9
The foregoing instrument was acknowledged before me this 24th day of
August, 2006, by David Carland and Curtis E. Petersen, as Manager and as Manager
respectively, of CSM Equities, L.L.C., a Delaware limited liability Company,
on behalf of such Company.
JEAN M CROSBY
NOTARY PUBLIC MINNESOTA
My Commission Expires Jan. 31, 2010
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Eric A. Johnson, City Administrator
City of Oak Park Heights
14168 Oak Park Blvd. North
Oak Park Heights, MN 55082
[eajohnson@cityofoakparkheights.com]
Phone: (651) 439-4439 Fax: (651) 439-0574
August , 2006
BY: Facsimile and U.S. Mail
RE: OAK PARK COMMONS — Letter of Credit to City of Oak Park Heights
CSM Financial, L.L.C.
Associated Bank LOC # DCN4080 (the "LOC")
CONSENT
Dear Mr. Johnson,
CSM FINANCIAL, L.L.C., applicant named in the LOC, and CSM EQUITIES, L.L.C.
("CSM"), the named Developer in the Developer's Agreement dated April 28, 2006,
between the City of Oak Park Heights and CSM regarding Lots 1 through 7 inclusive,
Block 1, OAK PARK COMMONS (the "Site"), hereby consent to the addition of the
construction work related to the cross connection between Lot 2, Block 1, Oak Park
Commons, and the Wal-Mart site westerly of and adjacent to said Lot 2, to the work
covered by the LOC, as required by the City of Oak Park Heights. The estimated cost of
the work is $75,000 - $100,000.00.
CSM FINA C1A L, CSM EQUIT S
/ fir
By By:
Curtis E. Petersen, Manager
Curtis E. Petersen, Manager
C: Mark J. Vierling
Eckberg Law Firm
1809 Northwestern Avenue
Stillwater, Minnesota 55082
Telephone: (651) 439-2878
Direct Dial No: (651) 351-2118 mvie lammer rs.com
CSM CORPORATION
CSM LODGING
500 Washin Avenue South, Suite 3000
Minneapolis, MN 55415
Telephone: (612) 395.7
Fax: (612) 395.7001
www.csrricorp.net
Eric A. Johnson, City Administrator
city of Oak Park Heights
14168 Oak Park Blvd. North
Oak Park Heights, MN 55082
[eajohnson@cityofoakparkheights.com]
Phone: (651) 439-4439 Fax: (651) 439
RE: OAK PARK COMMONS — Letter of Credit to City of Oak Park Heights
CSM Financial, L.L.C.
Associated Bank LOC # DCN4080 (the "LOC")
CONSENT
Dear Mr. Johnson,
CSM FINANCIAL, L.L.C., applicant named in the LOC, and CSM EQUITIES, L.L.C.
("CSM"), the named Developer in the Developer's Agreement dated April 28, 2006,
between the City of Oak Park Heights and CSM regarding Lots 1 through 7 inclusive,
Block 1, OAK PARK COMMONS (the "Site"), hereby consent to the addition of the
construction work related to the cross connection between Lot 2, Block 1, Oak Park
Co mmons, and the Wal-Mart site westerly of and adjacent to said Lot 2, to the work
covered by the LOC, as required by the City of Oak Park Heights. The estimated cost of
the work is $75,000 - $100,000.00.
CSM FINANC
By:
Curtis E. Petersen, Manager
By:
C: Mark J. Vierling
Eckberg Law Firm
1809 Northwestern Avenue
Stillwater, Minnesota 55082
Telephone: (651) 439-2878
Direct Dial No: (651) 351-2118 mvierlin c eckber
August „Pr, 2006
BY: Facsimile and U.S. Mail
/1 / CSM EQU
Curtis E. Petersen, Manager
ammers.com
CSM CORPORATION
CSM LODGING
500 - Washington Avenue South, Suite 3000
Minneapolis, MN 55415
Telephone: (612) 395.7000
Fax: (612) 395.7001
\VW,' . csracorp.net