HomeMy WebLinkAbout2011-09-21 OPH Ltr to Tim Nolde Re Developer Agreement Requirements City of Oak Park Heights
14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574
September 21, 2011
Mr. Tim Nolde
775 Green Twig Way
Stillwater, MN 55082
RE: Developer's Agreement — Oakgreen Villa — August 2006
Dear Mr. Nolde:
The City has reviewed the Developer's Agreement for the Oakgreen Villa Development and there are two
critical actions that must additionally occur at this time:
1. Pursuant to the Developer's Agreement (See Sec 19 on page 16), "The applicant shall provide all
association duties and maintenance until the completion of Phase 1T'. This would reasonably
require that Association information be supplied to parties now incorporated (residents
/homeowners) into the development area.
The City does respectfully request that the Developer provide any and all documentation and hold
the necessary meetings that may be required under Minnesota Statute 515B.3 -106 (or others that
may be typically applicable) for those property owners that have bought-into the Oakgreen Villa
development as contemplated under this Developer's Agreement. Please complete this task not
later than October 21, 2011 and continue to do so prospectively.
2. The obligation set forth in the Developer's Agreement Section R on page 15 states that:
"There shall be only one homeowners association serving all phases of this development. The
Developer shall establish a funded reserve of a minimum of $50,000 to be provided to the
Homeowner's Association before the Developer is allowed to turnover operations and control of
the development to the Homeowner's Association. The fund establishment and the Association
governance documents shall be verified to the City before any certificate of occupancy is issued.
The City shall have a right of approval over the terms of the Association's governance
documents"
At this time please provide to my attention the final Association documents and documentation of
e $50,000 fund reserve establishment if it has been established. Please respond to this and have
it to i y attention not later than October 21, 2011.
cer
J • 1 son
City : dministrator
Cc Weekly Notes
Scott Richards, TPC
Mark Vierling, City Attorney /
Oakgreen Villas — Planning File ✓