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HomeMy WebLinkAbout2005-02-01 OPH Ltr to Best & FlanaganFebruary 1, 2005 City of Oak Park Heights Mr. Duane Paulson Best & Flanagan LLP 225 South 6 Street, Suite 4000 Minneapolis, MN 44402-4331 Discount Tire does not have a CO Ruby Tuesdays does not have a CO Kim em, 141 ?a 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439-4439 • Fax (651) 439-0574 RE: Response to your letter of Jan 13 2005 Mr. Paulson: Regarding Lots 1 and 2, Block 1, The Shoppes of Oak Park Heights 2 Addition — The Project Property. L The current zoning classification for the Project Property is Planned Unit Development with an underlying zoning of B-2. 2. To the best of my knowledge the Project has to date materially complied with setback, parking ordinances and other regulations and terms. This, however, remains subject to the Development Agreement, the PUD conditions and final construction review. The City will release all current letters of credit upon the appropriate completion of the Project and City's final review of construction. Upon such final release, it is at that time when the City believes a project to be complete and in compliance with the various development documents. As again, the development always remains subject to such terms in the PUD, Development Agreement and to City Ordinances. 3. Enclosed are copies of the Planned Unit Development (4/27/04) and the Developer's Agreement as supplemented. 4. The Phase II development consists of 4 structures — (CO = Certificate of Occupancy) — Attached are 5 approved COs Building A: Building A does have a CO on its shell. Its tenants — Chipotle's has a CO, but no liquor license; Jimmy John's has a CO; Camille's does not have a CO. Anything not listed does not have a CO Building B: Building B does have a CO on its shell. Its tenants — Trade Secret has a CO; Cold Stone Creamery does not have a CO; EB Games (Electronic Boutique of America) does not. Anything not listed does not have a CO Cc: 5. The Exhibit A - Site Plan as attached to the PUD — for phase II is the approved Site Plan - 2/14/04 from Westwood. However the Site Plan is subject to the terms and items outlined the PUD document. 6. As to your questions in item (iii), I cannot at this time provide you any further clarification that would indicate differently from my response in item 2 above. 7. As to your questions in item (iv), based on a revised total calculation of the structures on Lots 1 & 2 being 15,273 square feet versus the submitted footage of 15,600, the City does not have an issue with 126 parking spaces being provided for the new calculation versus 124 for the initial 15,273 square feet. Keep in mind that the City has not reviewed these criteria from an "as-built" or final survey, should discrepancies of a significant magnitude become apparent the City will be required to the address this parking requirement. 8. Aftached is update (2/2/05) from our Director of Public Works as to some earlier issues that impact both Phase 1 and 11. The City has not yet initiated a formal review or "punch list" on the Phase 11 portion of the project and really cannot occur until spring. Current comments may not be all encompassing as there may be outstanding professional service fees, a tree protection escrow, etc or other items remaining to be identified. When Mr. Ozzello and Ms. Widin, City Arborist, have assured my office that these items have been addressed, as well as the payment of all related fees, the City can further contemplate the release of the letter of credit. Upon such final release, it is usually at that time when the City believes a project to be complete and in general compliance with the various development documents. Please note that the current LOC expires on 9/16/05, should outstanding items not be addressed in a timely fashion, the City must contemplate drawing on such funds to ensure compliance. Anything ur office can do to engage AMCON or other parties to tackle these issues would certain10 appreciated. Please let me knoifyohave y 2 cerely John on:City Administrator Enclosures: A. Various Certifikt of Occupancies B. Memo from Ts. Ozzello , DPW C. Copy of 4/27/04 PUD Phase 11 D. Copy of Supplemental Developer's Agreement Mark Vierling, City Attorney Scott Richards, NAC Tom Ozzello, PWD Planning File . 0: .4 Signed: JimB Certficate of Occupancy City of Oak Park Heights, Washington County, Minnesota I, Jim Butler, actin g on behalf of the City of Oak Park Heights in the capacity of Building Official, hereby � i that the described premises and project have been inspected by myself and that the permit or use as certify � authorized by `zed b the referenced permit has bee completed in compliance with all applicable codes and ordinance as adopted ce by the City of Oak Park Heights and is not in variance with said application and � p Y �' supporting data as of the date of said inspection. Building Sprinkler System Provided: Yes Use Classification: Trade Secret Hair Salon Occupancy: M (Mercantile) Owner of BuildinglSpace: Regis Corporation 7201. Metro Blvd, Mpls., MN 55349 Buildin g Address: 13331 60th St. N. Oak Park Heights, MN 55082 Special Stipulations and Conditions: None. er, Certified Build' Temporary Certificate of Occupancy: No; Permit # 2004 -498 Code Edition in Effect During Permit Issuance: 2003 ff icial Type of Certificate Use Zone: PIJD Type of Construction: II Date: January 12, 2005 • Number of items requiring completion: NA C :\Documents and Settings\jhultman.CFH\My Documents\Forms and HandoutsABuilding Dept\Certficate of Occupancy 03-04.doc Amended an 04/07/04 Builder: National Contractors Inc. 10700 Normadale Blvd. Bloomington, MN 55437 GEo Code: 05-029-20-21-0036 Certificate of Occupancy City of Oak Park Heights, Washington County, Minnesota I, dim Butler, acting on behalf of the City of Oak Park Heights in the capacity of Building Official, hereby certify that the described premises and project have been inspected by myself and that the permit or use as authorized by the referenced permit has bee completed in compliance with all applicable codes and ordinance as adopted by the City of Oak Park Heights and is not in variance with said application and supporting data as of the date of said inspection. luildin.g Sprinkler System Provided: Yes Retail . Building Shell ( ege M (Mercantile) Shoppes of Oak Park Heights LLC 2OOW. Hwy. 13 Burnsville, MN 55337 Use Classification.: Occupancy: Owner of Building: Building Address: Special Stipulations and Conditions: Wall pack lights shall be replaced within ten working days to � comply with City Ordinance requirements. Signed: Jim rampautamemageotelimmussfautionswir 13321 60 St. N. Oak Park Heights, MN 55082 utler, Certified Bui d" g Official Temporary Certificate of Occupancy: No; Permit # 2004 -325 Code Edition in Effect During Permit Issuance: 2003 j;yp eof Certce Use Zone: PIED Type of Construction: N Builder: A7ncoia Construction 200 W. Hwy. 13 Burnsville, MN 55337 GEO Code: 05- 029 -20-21 -0036 Date: January 7, 2005 Number of items requiring completion: 1 C :\Documents and Settings\jhultman.OPH\My Documents\Forms and Handouts\Building Dept\Certficate of Occupancy 03- 04,doc Amended on 04/07/04 Certiflcate of Occupancy City of Oak Park Heights, Washington County, Minnesota I, Jim Butler, acting on behalf of the City of Oak Park Heights in the capacity of Building Official, hereby certify that the described premises and project have been inspected by myself and that the permit or use as authorized by the referenced permit has bee completed in compliance with all applicable codes and ordinance as adopted by the .City of Oak Park Heights and is not in variance with said application and supporting data as of the date of said. inspection. Permit # 2004 -323 Code Edition in Effect During Permit Issuance: 2003 Building Sprinkler System Provided: Yes Use Classification.: Retail/Restaurant Building hell Occupancy: M (Mercantile) 1 A -2 (Restaurant) Owner of Builder : Shoppes of Oak Park Heights LLC g 200 W. Hwy. 13 Burnsville, MN 55337 Building 'n Address: 13301 60 St. N. Oak Park Heights, MN 55082 • • Conditions: �c� li ��s shall be replaced within ten working days to Special Stipulations and mall p g .� comply with City Ordinance requirements. Signed: Jim B gf ler, Certified Build n U Official Temporary Certificate of Occupancy: No; � y TyLe o,�Certi acate Use Zone: PUD Type of Construction: V-N Builder: Amcon Construction 200 W. Hwy. 13 Burnsville, MN 55337 GEO Code: 05- 029 -20 -21 -0035 Date: January 7, 2005 Number of items requiring completion: 1 C:IDocuments and Seth gs � `n \jhultman.OPHHMy DocumentsWorms and Handouts\Building Dept \Certficate of Occupancy 03- 04.doc Amended on 04/07/04 f of the City of Oak Park Heights in the capacity of Building Official, hereby I, Jim Butler, acting on behalf ty certify' that the p p he described remises and project have been inspected by myself and that the permit or use as authorized by the referenced permit ermit has bee completed in compliance with all applicable codes and ordinance as adopted by the City Heights and is not in variance with said application and y of Oak Park Hei � supporting data as of the date of said inspection. Building Sprinkler System Provided: Yes Use Classification: Occupancy: Owner of Building: Building Address: Certificate of Occupancy City of Oak Park Heights, Washington County, Minnesota 13 311 60 St. N. Oak Park Heights, MN 55082 Special Stipulations and Conditions: None. Permit # 2004 -525 Code Edition in Effect During Permit Issuance: 2003 Fast Food Restaurant (Jimmy Johns) A -2 (Restaurant) Shoppes of Oak Park Heights LLC 200 W. Hwy. 13 Burnsville, MN 55337 Signed: J' Butler A.Aittir uilding Offlcla Tvpe of Certif Date: January 26, 2005 Temporary C Occupancy: Certificate of occu : No; Number of items requiring completion: 1 �' C :\Documents and Settings\jhultman.CPHIMy Documents\Forms and HandoutsTuilding Dept \Certf cate of Occupancy 03- 04.doc Amended on 04/07/04 Use Zone: PUD Type of Construction: V -B Builder: Crowe Construction Mgmt. 350 St. Peter St., Ste. 240 St. Paul, MN 55102 GEO Code: . 05- 029 -20 -21 -0035 Certifi of O ccupanc y City of Oak Park Heights, Washington County, Minnesota City the capacity of Building Official, hereby in on behalf of the City of Oak Park Heights in th p ty �, Jim Butler, acting and that the permit or use as • described premises and project ect have been inspected by myself p certify that the descnbe p P � codes and • permit has bee completed in compliance with all applicable authon�ed by the referenced p enrn completed with application and • Oak Park Heights and is not in variance with said applic ordinance as adopted by the City of � g supporting data as of the date of said inspection. PP g Permit#2004-324 Code Edition in Effect During Permit Issuance: 2003 Buildin g Sprinkler rinkler System Provided: Yes Use Classification: Chipotle Mexican Grill Occupancy: A -2 (Restaurant) Owner of Building/Space: Chipotle Mexican Grill, Inc. 1543 Wane St., Ste. 200 Denver, Colorado 80202 Building din Address: 13315 60th St. N. Oak Park Heights, MN 55082 Special Stipulations and Conditions: None. Signed: .ter AI 4MdV utter, •' ed Built in.g s ficial Temporary Certificate of Occupancy: No; p y C.1Docurnents and S gs ,l ettin `'hultman.OPH\My Documents\Farnls and Handouts\Building Dept\Certficate of Occupancy 03- 04.doc Amended on 04/07/04 fivz�e of cate Use Zone: PUD Type of Construction: V-B Builder: Marksman Construction 3 515 Kilmer Lane N Plymouth, uth, MN 55441 GEO Code: 05-029-20-21-0035 Date: January 20, 2005 Number of items requiring completion: NA To: Eric Johnson, City Administrator From: Tom Ozzello Public Works Director Date: February 2, 2005 update City of Oak Park Heights 14168 Oak Park Blvd N.* Box 2007 * Oak Park Heights, MN 55082 ° (651) 439 -4439 e Fax 439 -0574 Re: Shoppes of Oak Park Heights The following is a revised list of problems and concerns at the Shoppes of Oak Park Heights, from the Public Works Director. 1) The patched area in Norell Avenue east of the truck entry to the back of the buildings needs evaluation and striping to restore it to city standards Problems -- new damage to concrete apron, no permit and inspection during install, no evaluation of compaction, poor saw cut- if at all in some areas, poor joint match. Must be corrected in the spring with on -site inspection. 2) The area for the irrigation controls and meter must be completed. There are exposed pipes and electrical lines. Access to the city water lines must be secure Doghouse has been constructed. Security is still a concern. Electrical line work not completed. 3) There is standing water in the parking lot area drain SW of Michael's. Either there is debris impeding the flow or the slope is not right. Repairs were not successful. Invert was filled but still has an inch of standing water. The north collector line is too high (or south and SW influent too low) to allow this invert to drain. This must be completely corrected. 4) The trail to the west of Kohls and along the parking lot has a retaining wall installed. This was never reviewed and would not be approved by the city. This makes it impossible to maintain easily with city equipment and complicates snow removal and placement, path width clearing, and increases the potential for damage to the wall and snow equipment. The walls needs to be removed and the area regraded. In the alternative, the paths will have to be maintained privately and a permanent executed agreement will need to be recorded for this purpose. No agreement has been reached or recorded. Until such time as issues are resolved, the trail is not accepted by the city and remains the responsibility of the developer. At this point the entire project will need to be maintained by the developer. The Attorneys are reviewing a draft. 5) The pavement markings exiting west out of the Kohls lot has been corrected and the stop bar and turn arrows are no longer placed in the trail crosswalk. There are no crosswalk signs or markings where the TREE CITY U.S.A. City of r _ . Oak Park Heights �' - ' 14168 Oak Park Blvd N.• Box 2007.Oak Park Heights, MN 55082 • (651) 439 -4434 • Fax 439 -0574 trail crosses the east entry drive. This trail crossing is not at the street entrance and would not be expected so must be marked with signage and pavement marking where the drive crosses the trail. Signs can be mounted but no restriping can be done until spring. 6) Cleaning and corrections have been completed on phase one storm water collection except as noted (3) above. Phase two is not complete. Several areas from phase two have impacted phase one and phase two will also require clean out of all storm water lines and the pond. Pond will still need to be cleaned. Should wait until phase two complete. Additional notes 7. The lift station drive repairs are unacceptable S. There is severe damage to the trail along 60 Street from construction 9. There is damage to sod and possibly curb at the north drive radius from the east drive entry to the parking lot. This is northeast (kitty - corner) of Pier One's location 10. Power lines along 60 street appear too low for the entry, (snowplows) City requires written approval from Xcel Energy that the clearances are in fact adequate prior to the release of any escrow funds. 11. Verification of all valves and lines (phase two) is not feasible until the project nears completion. Phase 11 still has extensive work to be done and corrected. Further evaluation is not warranted until construction is significantly complete and spring allows corrective measures to proceed. Since so many items remain unresolved and the city held security is for the whole project 1 would not suggest any lowering of security retainage. Tom Ozzello Oak Park Heights Public Works Director TREE CITY U.S.A. Planners File No.: 798.02 -03.08 Owner: Address: The Sho CITY OF OAK PARK HEIGHTS PLANNED UNIT DEVELOPMENT FOR PHASE 11 THE SHOPPES OF OAK PARK HEIGHTS LLC Legal Description: (Washington County Geo. Codes 05.029.21.0033 and 05.029.21.0034) Lots 1 thru 4 Block 1, The Shoppes of Oak Park Heights 2nd Addition, is LLC • . of Oak Park He 3800 Prairie Court Drive #225 Eden Prairie MN 55 Present Zoning District: 3-2 GENERAL BUSINESS DISTRICT Permitted uses set forth in Ordinance 401 Section 401.30 I. PLANNED UNIT PERMIT FOR: Phase II ofthe development of a retail shopping center anchored by Kohl's General Description: Construction ofthe northern portion of retail shopping center site west ofNorell Ave. North. of 58th Street and East of Krueger Lane and south of 60 Street. (Phase 1 is the Kohl's main center development) R. ADDITIONAL RESTRICTIONS AND PROVISIONS. Date Issued: April 27. 2004 Discount Tire: One 98 lighted square foot sign on the north elevation q g One 98 square foot lighted sign on the east elevation One 98 square foot unlighted sign on the west elevation ' ' restrictions and provisions be' The following additional restr�ct�o p part of the Planner Unit Development Permit to be issued herein affecting the following matters shall be: easements shall be to review and approval of the City Engineer, subject 1, The � plat and all required a.s � City Attorney and SOT • 2. The site plan shall be revised, J revised subject to review and approval of the City Engineer, to incorporate two exiting lanes from the main access at 60 Street. ' erosion control plans are subject to review and approval by the City Engineer � . The grading, drainage and er b p .� and Browns Creek Watershed District. .. to review and approval of the City Engineer. All. on-site utilities shall be 4. The utility plans are subject pp privately owned and maintained, g P including the and subject to Brown's Creek Watershed regulations. 5. Removal and restoration of asphalt and other improvem.ents at the lift station shall be at the applicant's expense and j d sub' ect to review and approval of the City Engineer and Public Works Director. 6. The Planning Commission proposed recommends the budding architecture, materials selection and colors for conformance to the City's Design Guidelines. 7. The solid overhead service doors � on the east facade of the Discount Tire building should be replaced with partial glass ff. artial lass doors, subject to review and approval of City staff. 8. The landscape plan lan shall be subject to review and approval of the City Arborist. ' trash enclosure plan for the Rub � � The applicant shall submit a t p Ruby Tuesday's building subject to review and approval of City staff. 10. Au lighting fixtures shall comply l with Section 401.15.B.7 of the Zoning Ordinance related to type of fixture and allowable foot candles. 11. The City Council comment on the use of decorative architectural lighting for the Ruby Tuesday �. should Comm. building. 12. A vice �. grant e d b ` separate permit for signage to allow only the following wall signs at Discount by p grate p � Tire and Ruby Tuesday's: Bi�Tuesday.�'s.: One 20 square foot lighted sign on the north elevation One 78 square foot lighted Ruby Tuesday's sign and one 10 square foot awning sign on the west facade One 20 square foot lighted sign on the east elevation 13. A separate Conditional Use Permit will be issued to regulate the Discount Tire use on Block 1 Lot 2, The Shoppes of Oak Park Heights 2nd Addition I. Reference Attachment: Attached Site Plan - Exhibit "A" Date; The terms and conditions of the Development Agreement of September 10, 2003 as recorder of record in the office of the Washington County Recorder as Document #3372023 are hereby incorporated by reference herein and made a part hereof IN wrrNEss WHEREOF, the parties have set forth the' Dater � / 3 / b By . i:.►: udet SHOPPES OF S AK PARK HEIGHTS LLC Its p : itit ITS Exhibit A Site Plan Site Notes YA } H8 3NOCATES NUMBER Dr FARrtt:C STALLS El ELECTRONIC i'RANSI u£R IA 4 WIDE STRIPES 1 2 aG 1 4S ANGLE n1AFi1U 1g A"' TRAFf1C SITE LAN 51RtP£ 1C DOUBLE 4" ,TRAFFIC MELLOW LANC STRIPE (Tr.) ID 1T E CFIOSSWAUC STRIPING (ZtUR ()E9GH) 3 =NCRE1E FLUSH WITH PAVEMENT 4 MATCH DOS1180 GJR! k C1iTTER 5 SCREEN WALL. (SEE ARCH. PLANS) 5 FENCE (SEE ARM. PLANSO 7 SI (SEE ARG1, PL.A'S) B CONCRETE PAvINO (SEE ARCH. PLANS) ID PLANTER MSt.AND OR PLAN TER AREA 11 RETAINING WALL (SEE 5' IR11CTVRAL. PLANS) 1 PRO -COT P7LOH SIGN (SEE ARCH. PLAINS) 13 =not nu. (SEE Ant 04. PLANS) 15 TRASH ENCLOSURE �} " Westwo Professionai Services, Inc. 759 Anag od O r 1 V� Eden Prairie,, MN 553114 P11ane: 95V937 - 51 S0 Fa= 9571937.5672 Yt1.1.0W .'.' * : a'•.• 20.0' • �l Site Details f3trnk1 )L ' PE t O?.JZ4 /O4 r+�... 20 PANX1NO SPACE STRIPING AT g.O' X 20.0' VW) + 1 &1l0(CAP PARKING SPACE AND SIGH (TV.) 'VAN ACCESSIBLE' HAMOICAP PARXINC SPACE ANO SIGH TRAFFIC FLOW ARROW OW.) "HO TRUCKS" MN • S1DP , SCA 's1or stag AND STOP BAR "PEDESTRIAN CROSSING' SIGN "N* PAR14114 PVC LANE" SIGH (LOC.ATIONS MO BY F1IiE H R5HA ) ' RIGHT LANE LILt5T 1L1RH RIGHT" 51614 00 NOT vow SIGs RIGHT TURN LANE $ 1f 11...11 aid 44 AA lwkr sry >Lrrid« ri�a r.�.e►�t . ..t got t an s eel 1•..4 1. • ,....,.... • • LOT2 ,118.63 1c ft. 64,17' • PARKIHC LOT 5 TR1P1 C TO RE ALLOW 6A tliDOt B612 CONCRETE CURS k OUTTEN (TYP) CC comcnerE DRIVE APRON PEOESTRtAN CURB RAMP 9 GUARD' P051 1DA STANDARD DUTY B1TUNINC 1S PA 106 HEAVY ovrr BITUMINOUS PAtiVOiC 60TH STF EXISTING CITY uFt STATION General Site 1. THE CONTRACTOR 5 TO 1 HOOK MITT LOCAT1c*1S Z ALL DIME YGNS ARC 10 3~ REFER TO ARo TECTMV ANO LOCATI0•S CF CX11i 4. Al CUM RAM ME 10 SHOWN 0 NOTED OTH© 5. at nsiwous PAVEMENT A *rn4 THE RECO/kW/ OAT TO COMMA TO VII 11.1 11 sox PLAT FOR LOT EU 7, CONTRACTOR TO 1U PITA1 0WlNG CONSTRUCTION. MAT T LL Dn rbwr �tdtr Z7.5 EKCROACHME INTO EXISTIN1 EASEMENT "B 7,200 RET: F.F.E.= WITNESSETT; That: (the "Subdivision"); and CITY OF CK PARK FIEIGHT5 WASHINGTON COUNTY, IllNNESOTA SUPPLEMENT TO DEVELOPER'S AGREEMENT OF September 10, 2003 THIS SUPPPLEMENTAL AGREEMENT, made and entered into this day of June, 2004, by and between the City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota (the"City"), and The Shoppes of Oak Park Heights, LLC, (the "Developer"). WHEREAS, the Developer had previously made application to the City Council for approval of a Planned Unit Development on land Within the corporate limits of the City described as follows: Outlot B Brackey Addition, according to the plat thereof Washington County, except that part platted as Trunk Highway No. 36 per Minnesota Department of Transportation Right of way Plat No. 82.84 (the "Subdivision'); and approval was granted thereon with a Development Agreement being executed on September 10, 2003, and; wECEREAS, the Developer has made application to the City Council for approval of a Phase rr of the Planned Unit Development on land within the corporate limits of the City described as follows: "The Shoppes of Oak Park Heights 2nd Addition" WHEREAS, the City Council has on April, 27, 2004, granted General PUD approval to a portion of the Subdivision described as Phase 11, The Shoppes of Oak Park Heights 2nd Addition, on the condition that the Developer enter into this Agreement stipulating the conditions for the installation of public improvements as well as the development of on -site improvements hereinafter described, all in accordance with the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration, of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: Designation of Improvements: Private site and Public improvements to be installed at Developer's by Developer to r`s e b the Develo as hereinafter provided are hereinafter referred to as Plan A Improvements. 1. PLAN A I'ROVIMEN'T'S FOR TIC SHOPPES OF OAK PARK 2ND ADDIJJON HEIGHTS. The Developer will construct at Developer's expense the followin g improvements under Plan A according to the following terms and p conditions: A. The Developer shall do all site grading, common greenway and open spaces, storm water storage ponds, surface drainage ways and all private driveways including sodding of boulevards, all in accordance with the approved gradiiig, drainage and. site p an. A grading plan with maximum two (2) foot contours, pad elevations, drainage provisions, erosion control provisions and. cross sections, as necessary, has been submitted to and approved by the City. Any changes to the grading plan during construction shall be submitted to the City for approval. Each building site must conformi to the grading plan approved by the. Building Inspector of the City of Oak Park Heights prior to a building permit being issued., B. The Developer shall control soil erosion ensuring: .. .All development shall conform. to the natural Uirmitations presented 2 by the topography and soil of the subdivision ia order to create ' e best potential for preventing soil erosion. The Developer shall follow the approved erosion control plan. 2. Erosion and siltation control measures shall be coordinated with the different stages of development Appropriate control measures as required by the City Engineer shall be installed prior to development and as may be necessary to control erosion. 3. Land shall be developed in increments of workable size such that adequate erosion. and siltation controls can. be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time, �4 Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. 5. The Developer shall not locate its equipment within the rights -of- way of 58th Street North, Norell Avenue North or Krueger Lane as acquired by the City of Oak Park Heights adjacent to this development without the express written consent of the City Engineer. Developer shall not locate its equipment within the-right of way of 60th Street North adjacent to this development without the express written consent of the Minnesota Department of Transportation, District 5 offices as located in Minnesota. nnesota. C. The Developer shall place iron monuments at all lot and block corners and at all other angle points on. boundary lines. Iron monuments shall be replaced after all street and lawn grading has been completed in order to preserve the lot markers. D. The Developer shall be responsible for maintaining the location of and protecting curb stops, water services and sewer services. Any service or curb stop damaged shall be repaired or replaced as specified by the City. The Developer shall rnake all necessary adjustments to the curb stops to bring them flush with the topsoil (after grading) or driveway surface. E. The Developer shall be required to provide landscaping and screening as determined by the City and as required by the ordinances of the City.. Final landscaping plans have been submitted to the office of the City Planner and have been approved. F. The Developer shall be responsible for street maintenance, including curbs, boulevards, sod and street sweeping until the project is complete. All streets shall be maintained free of debris and soil until the subdivision is completed. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. The repair of any damage done to the streets or public utilities by Developer or any of its Contractors or Subcontractors, shall remain the financial responsibility of the Developer. G. The Developer furnished site lighting in accordance with the City Ordinance requirements pursuant to the plan which has been approved by the City Planner. The City may in the future install lighting around the perimeter of the site within the right of way and easement areas. The costs of construction of the lighting shall be. assessed against the subject property. Developer hereby waives Notice of Improvement hearing; Notice of Assessment hearing and waives right of appeal thereon as otherwise provided. in Minnesota Statutes 429.031, 429.061 and 429 081, respectively. H. The Developer shall dedicate and survey all drainage and storm water holding ponds as required by the Browns Creek Watershed District (hereinafter "BCWD ") and the City Engineer to be shown on the fnal plat. The Developer has obtained MnDOT Approval, and thus the pond shall be private as provided in the S eptenib er 10, 2003 Developer's Agreement. The Developer (i) shall not be required to dedicate it to the City, and (ii) shall be responsible for pond dredging and cleaning as required by the BCWD /City. The Developer shall be responsible for storm sewer cleaning and holding pond dredging, as required, by the City prior to completion of the development. The BCWD is requiring Developer to dedicate storm water drainage areas and a site holcling pond to serve Developer's project all being consistent with approvals previously' granted Phase 1 of this project. J. The Developer shall be responsible for securing all necessary approvals, and permits from all appropriate federal, state, regional, watershed and local jurisdictions prior to the commencement of site grading :The Developer shall secure the . a ra ri ate MnDOT stonnwater access permits for the pP P . access onto the MnDOT right of way for stonnwater flows, K. Drainage and utility easements. 10 foot drainage and utility easements shall be provided along all lot lines on the Plat except the same shall be 15 feet along Krueger Lane. L. Wetland Designation. Any areas classified as wetlands shall be displayed upon the plat and those so specified by the City Engineer shall be dedicated to the public for that purpose. M. Tree Protection. and Clearing: Provided for in the Phase 1 project Developer's Agreement of September 10, 2003 2. DESCRIPTION OF PLAN A IMPROVEMENTS ESTMATED COST 1. Boulevard and swale sod $ included in Phase 1 2. Landscaping $ included in Phase 1 3, Street signs $ included in Phase 1 4. Street lights $ Included in Phase 1 4 5 . On site ponding and $ included in Phase I BCWD requirements 6. Menard's Pond BCWD requirements 7. . 'al -Mart Pond Modifications 8. Erosion Control 7. Pond Protection & Restoration 9. Utility Protection & Repair 10. Street Protection & Repair 11. Street access to Norell Ave. No 12. Sidewalks/Trails Norell Krueger TOTAL ESTIMATED CONSTRUCTION OF PLAN A J PROVEMENTS : ESTIMATED ENGINEERING, LEGAL AND .$ included in Phase I $ included in Phase I $ included in Phase I $ included in Phase 1 $ included in Phase I $ included in Phase I $ included in Phase I $ To Be Assessed- COST $ included in Phase): AD TRATIVE (20%): $ included in Phase 1 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS: $ included in Phase 1 SECURITY REQUIREMENT (25 %) $ included in Phase I TOTAL PLAN A ESCROW 3. CONSTRUCTION OF PLAN A IMPROVEMENTS. "THE SHOPPES OF OAK' PARK REIGN'S" 5 $ included in Phase 1 A. Construction. The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. B. Inspection, All of the work shall be under and subject to the inspection and approval of th.e City and, where appropriate, any other go agency having jurisdiction. C. Easements, The Developers shall dedicate to the City, upon approval of the dual lat, at no cost to the City, all per anent or temporary easements P necessary for the construction and installation of the Plan A Improvements as determined by the City. All such easements required by the City shall be y � .. in writing, and in recordable form, containing such terms and conditions as the City shall determine. If within the platted area, all such easements shall be dedicated to the City and specifically described within the Plat. As it affects all easements located outside the platted area, the same shall be dedicated b y separate easement conveyed to the City of Oak Park Heights � rior to or contemporaneously with the execution of the Development prior Agreement. The Developer shall pursuant to the approved site plan locate parking stalls wig the drainage and utility easement adjacent to the west i r side of the City's lift station as identified on The Shoppes of Oak Park Heights 2nd Addition Plat, D. Faithful Performance of Construction Contracts. The Developer will fully and faithfully comply with all terms and. conditions of any and all contracts entered into by the Developer for the installation and construction of all Plan A Improvements and hereby guarantees the workmanship and materials to the City for a period of one year following the City's fmal acceptance of the Plan A Improvements. Concun:ently with the execution of this agreement Developer does hereby extend the Letter of Credit previously supplied to the City of Oak Park Heights for Phase I of the Kohi's project guaranteeing the performance by Developer of the construction of these Plan A Improvements in a timely and proper manner. Additionally, Developer guarantees and agrees that, should the City of Oak Park Heights need to apply l a claim on said Letter of Credit in the event of default under this agreement, that Developer shall pay all attorney's fees and administrative expenses associated with said action. Security as provided under this section shall be proportionately released upon certification by the City Engineer that the Developer has satisfactorily completed the various performances due in constructing the Plan A Improvements on both Phase 1 and Phase II of this proj ect. The letter of Credit term shall initially be for a period of one year but shall be renewed in an amount equal to the amount of unfinished Plan A Improvements, plus the Administrative and Security amounts set forth in Paragraph 2, for an additional year on demand of the City. The term Phase 1 applies to the obligations referenced in the September 10, 2003 Developer's Agreement regarding the Kohl's site. Phase II refers to the obligations referenced herein. 6 4. Developer Performance Requirements .A.. Connection Charles. A11 connection charges have been paid in fuli.. B. qty A lication and. Processing Ch �rge, Pursuant to the application filed Application by the Developer for this development all fees incurred by the City in processing this application shall be paid by the Developer /Applicant, The City ant to he Developer and its successors and assigns of the option to rchase a permanent easement for the Driveway and Sign ("Easement') p as referenced in the Development Agreement of September 10, 2003 has been exercised and completely fulfilled by the parties. D. Pedestrian Access and Walkway/Trails. The Developer agrees to facilitate pedestrian access to its site pursuant to the September 10, 2004 Development Agreement. E. Site Requirements: (Phase II) 1. The final P lat and all required easements shall be subject to review and approval . o f the City Engineer, City Attorney and MnDOT. 2 The site p lan shall be revised, subject to review and a proval of the City Engineer, to incorporate two exiting lanes from the main access at 60 Street. 3. The adin , drainage and erosion control plans are subject to review and approval by the � g City Engineer and Browns Creek Watershed. District. 4. The utility plans are subject to review and approval of the City Engineer. 5. Removal and restoration of asphalt and other improvements at the lift station shall be at the applicant's expense and subject to review and approval of the City Engineer and Public Works Director. 6. The City Council has determined the proposed building architecture, materials selection and colors are substantially in conformance with the City's Design Guidelines. 7, The solid overhead service doors on the east facade of the Discount Tire building should, be replaced with partial glass doors, subject to review and approval of City staff 8. The plan e lan shall be subject to review and approval of the City Arborist. 7 9. The applicant shall submit a trash enclosure plan for the Ruby Tuesday's building subject to review and approval of City staff. 10. All lighting fixtures shah comply with Section 401.15.B.7 of the Zoning Ordinance related to type of future and allowable foot candles. 11. The City Council should connnent on the use of decorative architectural lighting for the � Ruby Tuesday building. 12. A variance will granted by separate permit - for signage to allow only the following wall signs at Discount Tire and Ruby Tuesday's: Discount Tire: One 98 square foot lighted sign on the north elevation One 98 square foot lighted sign on the east elevation One 98 square foot unlighted sign on the west elevation Ruby Tuesday's: One 20 square foot lighted sign on the north. elevation One 78 square foot lighted Ruby Tuesday's sign and one 10 square foot awning sign on the west facade One 20 square foot lighted sign on the east elevation 5. General Provisions A. Bhad ng Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. References herein to Developer, if there be more than one, shall mean . each and. all of them. The Agreement, at the option of the City, shall be placed on record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Subdivision and all recording fees, if any, shall be paid by the Developer. 13. Final Plat Approval. The City has given final approval to the PUD/plat of the Subdivision THE SHOPPES OF OAK PARK HEIGHTS 2nd ADDITION) upon execution and delivery of this Agreement and of all required documents anal security, subject to compliance with. the Ordinances of the City and terms and provisions hereof, permits may be issued by the City. 8 C. P.U.D. pert.it. The City of Oak Park Heights shall file the Planned Unit Development Permit for the areas provided in the office of th.e County p Recorder. Providing that the Developer has fully p erform.ed is not in default under the terms of the Development Agreement, the City shall provide appropriate releases to the ftn.ancial performances of Plan A improvements. P D. Establishment of Construction Schedules. The City Engineer shall have the right to review and approve construction, schedules for Plan A improvements and will consult with Developer prior to establishing same. E. Zoning. THE SHOPPES OF OAK PARK BEIGHTS 2nd Addition has been designated a zoning classification of B-2 by the City Council. All future use and development shall comply with the applicable provisions of the relevant zonir g ordinance of the City of Oak Park Heights relating thereto P. Street .Grades. The grades of all streets shall, not exceed 8% and the minimu grade shall not be less than .5 %. G. Landscaping. A final landscaping plan shall be developed and submitted to the City Planner by Developer. In addition the following modifications to the landscape plan shall be implemented subject to final modifications by the City Planner. H. Counterparts. This Lease may be executed in one or more counterparts, . each of which shall be deemed an original, but all of which shall constitute one and the sale instrument. Signatures on this Agreement delivered by facsimile or telecopier shall be considered original. signatures for purposes of effectiveness of this Lease. IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be . duly executed on the date and year first above written. In the presence of In the presence of: CITY 0 By By ay cott Its President 10 David Beaud.et Mayor . (Johnson A I le stator TS ‘72f/ 0, DIE SHOPPES OF OAK PARK HEIGHTS, LLC STATE OF MINNESOTA ) ss. COUNTY OP WASIIII\TGTON) On this � day o f JUL , 2004, �" 2004 before me a Notary Public, within and for said County personally appeared David. B eaudet and Eric Johnson known, being each by race duly sworn did say that they are respectively el the Mayor and the Admini.strator of the City of Oak Park � y Ma Y • municipal corporation named in the foregoing instrument; and that the seal affixed to Heights, the mun�.cxpal carp g g to seal of said corporation, and that said iii strument was signed and said instrument is the corporate � ` al co oration by authority sealed on behalf of said mun�.clp rp Y of its City Council and said Mayor and Administrator acknowledged said instrument to be the free act and deed of said municipal � corporation. JULIE B. JOHNSON NOTARY PUBLIC- MINNESOTA WASHINGTON COUNTY My Comm. Expires Jan. 31, 2005 STATE OF MINNESOTA ) . ss. COQ OF C OLOI 2 C ) Marls J'. Vierling Eckberg, Lammers, Briggs, Wolff Vierling, P.L.L.P. 1835 Northwestern Avenue Stillwater, MN 55 082 (612) 439-2878 FOLLOWING NEGOTIATION WITH DEVELOPERS COUNSEL THIS INSTRUMENT WAS DRAFTED BY: 200 before me a Notary Public, within and for this day of ::L) � � .� � � Pub On this � y . personally appeared Jay Scott, to me personally lmown, being each by me duly sworn said County perso y pp y the President of The Shoppes of Oak Park Heights, LLC, a did say that they are respectively 'ted liabili com an named in the foregoing instrument; and said President Minnesota limited liability company acknowledged ed said instrument to be the free act and deed of said limited liability company. Notary Public NON- EXCLUSIVE EASEMENT FOR DRIVEWAY AND SIGN PURPOSES This �V1 the of , 2004 ant OF OAK PARK . u�.denture made this �� day by and between Th�.s HEIGH a municipal corporation organized under the laws of th e State of Mini` SHOPPES OF OAS. PARK HEIGHTS, L.L.C., a limited esata, �xrant�r, and � liability corporation, Grantee. WHEREAS, the above -named Grantor is the owner in fee si mple areal estate described as Outlot A, WAL -MART ADDITION, washy ri gton. County, Minnesota; and, WIIE that itt and for consideration of the sum of One Dollar ($1.00), Grantee's conveyance o parcel the Watertower arcel to Grantor, and other good and valuable • which is hereby acknowed, the Grantor has this day bargained l consideration, the receipt of w y g bargain, transfer unto the Grantee, its and sold �.d by these presents does hereby �� sell and transf successors, hairs and assigns, the following: A perpetual nonexclusive easement that runs with and benefits Lots 1 and 2, Block 1, The Shoppes of Oak Park Hei is for the use, construction., repair and maintenance for � • construction, repair and maintenance of a sign, with. the right to driveway access, and for the constru r� � enter upon real estate hereinafter described at an time that the Grantee may see fit and m.after y construct, maintain and repair (i) a driveway access and (ii) sign over and across the lands hereafter described, The driveway access shall be coordinated with the Grantor's location of public lic trails and pathways athwa s which may intersect the driveway access from both northerly and southerly directions and shall not obstruct, but be coordinated with such public trails and sidewalks. Grantor also reserves all rights relative to subsurface location of utility lines for water, sewer storm sewer,, or other municipal utilities, Grade elevations on the driveway access the approval of the Grantor through the offices of the City Engineer. shah. b e subject to �� gh That said perpetual nonexclusive easement for driveway purposes as located within City "thin the Ci of Oak Park Heights in the County of Washington, State ofMinnesota, is hereby described as follows, to -wit: A non - exclusive, perpetual easement for ingress and egress purposes over, under and across that part of Outlot A, WAL MA RT ADDITION, Washington County, Minnesota, described as follows: Commencing at the south corner of said Outlot A; thence North 1 degrees 52 minutes 03 seconds West, assumed bearing, along the West line of said Outlot A a distance of 121.94 feet to the actual point of begiimin.g; thence continuing North 1 degrees 52 minutes 03 seconds West along the West line of said Outlot ,A a distance of 50,04 feet; thence South 89 degrees 33 minutes 51 seconds Bast a distance of 24.07 feet; thence easterly 77.96 feet along a tangential curve coma xi to the southwest having a radius of 100.00 feet and a central angle of 44 degrees 40 minutes 04 seconds; thence South 44 degrees 53 minutes 48 seconds East a distance of 15.58 feet more or less to the East line of said. Outlot A; thence southwesterly along the East line of said Outlot A a distance of 60.06 feet on a non - tangential curve concave to the southeast having a radius of 380.00 feet, a central angle of 9 degrees 03 minutes 22 seconds having a chord which bears, South 45 degrees 09 minutes 54 seconds West; thence North 44 degrees 53 minutes 48 seconds West and not tangent to said curve a distance of 25.63 feet; thence westerly 38.98 feet along a tangential curve concave to the southwest having a radius of 50.00 feet and a central angle of 44 degrees 40 minutes 04 seconds; thence North 89 degrees 33 minutes 51 seconds West tangent to said curve a distance of 7.83 feet more or less to the point of being. ( "Driveway Easement ") 2 That said perpetual, nonexclusive easement for sign purposes, as located with the City of Oak Park Heights in the County of Washington, State of Minn.esota, is hereby described as follows, to wit: A si gn lying easement l ` over, under and across that part of Outlot A, WAL-MART ADDITION, Washington County, Minnesota, described as follows: Commencing at the south corner of said Outlot A; thence North 1 degrees 52 minutes 03 seconds West, assumed bearing, along the West line of said. Outlot A, a distance of 171.98 feet; thence South 89 degrees 33 sautes 51 seconds East, a distance of 24.07 feet; thence easterly 57.05 feet along a tangential curve concave to the southwest having a radius of 100.00 feet and a central angle of 32 degrees 41 minutes 06 seconds to the p oint of begitming; thence North 47 degrees 25 rninutes 48 seconds East, a distance of 22.20 feet; thence South 44 degrees 53 minutes 46 seconds East, a distance of 37.58 feet more or less to the East line of said Outlot A; thence southwesterly 20.12 feet along a non - tangential curve concave to the southeast having a radius of 3 80.00 feet and a central angle of 3 degrees 01 minutes 59 seconds having a chord which bears South 51 degrees 12 minutes 41 seconds West; thence North 44 degrees 53 minutes 48 seconds East, not tangent to said curve, a distance of 15.58 feet; thence northwesterly 20.91 feet along a tangential curve concave to the southwest having a radius of 100.00 feet g , and. a central angle of 11 degrees 58 minutes 58 seconds to the point of beginning. ( "Sign Easement") The Driveway Easement and Sign Easement are also depicted on the sketch attached hereto and incorporated herein as Exhibit A. in the Si n Easement area shall be constructed as identl zed on Exhibit B. All landsca around se siRf shalt be desi: net' and maintained under 3 eet in ,ei lit to enhance visibili or tra zc purposes as well. Final designs of the landscaping and any future replacements of the sign shall be sab `ect to fi a r vval n the C`i o Oaf 'ar .lei fits.. That the Grantor does hereby covenant with Grantee that it is lawfully seized and possessed of the real estate above - described, and that said real estate is unencumbered. It is understood and agreed that the Grantee will restore the lands to as good or better condition as it was p rior to the time of any excavation for the construction of the driveway 3 or sign, and restore any connections to public trails and sidewalks that become damaged in the process of locating or constructing Grantee' s driveway. It is further agreed and understood that the Grantee will forthwith resod all areas where necessary on said lands from which it is necessary to remove or damage the sod thereon during the process of the construction and location of their driveway. It is further agreed and understood that this Easement shall not be modified or amended without the express written consent of both the Grantor and the Grantee. It is further agreed that this Basement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument, Signatures on this Agreement delivered by facsimile or telecopier shall be considered original signatures for purposes of effectiveness of this Lease. IN WITNESS WHEREOF, the parties have caused this instrument to be executed and dated on the date and year first above - written.. ric ohns Its City A. 4 STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON) TON) On this '1 day of . 2004, before me a Notary Public within and for said. County personally appeared David. Beaud.et 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 oaf Park Heights, the municipal corporation named in'the foregoing instrument; anal that the seal armed 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. r JULIE R, JOHNSON NOTARY PUBLIC — MINNESOTA WASHINGTON COUNTY My Comm. Expires Jan. 31, 2005 II WWWWWVWWWWWWWWWWWN a This Instrument Drafted fib, Mark J. Vierling ECKBER G, LAMNEERS, BRIGGS, WOLFF OLF.Lj & VIERLING, EL.LE 1835 Northwestern Avenue Stillwater, Minnesota. 55082 THE SHOPPES OF OAK PARK HEIGHTS, L.L.C. B Its 5 )(hi' k No Public Notary Public STATE OF MINNESOTA ) ss. COUNTY OF , ver ) On this 3 of t ... , 2004, before me a Notary Public, within and for said County personally appeared Jay Scott, to me personally known, being duly sworn did say that he is the President of THE SHOPPES OF OAK PARK HEIGHTS, B.L.C., , named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said ins#run.ent was signed and sealed on behalf of said limited liability company by authority of its Board of Governors and said Jay Scott acknowledged said instrument to be the free act and deed of said limited liability company. KAREN L BUFTON NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES 1/31/2008 7 EASEMENT FOR UTILITY AND SANITARY SEWER LIFT STATION AND ACCESS indenture made this ' , day of ev , 2004 by and between the This Y THE SHOPPES OF OAK PARK HEIGHTS, L.L.C., a limited ,liability corporation, Grantor, and CITY of OAK PARK HEIGHTS, a municipal corporation organized under the laws of the State of Minnesota, Grantee. WITNESSETH: wBEREAS, the above - named Grantor is the owner in fee simple of real estate described as Lo t 1, Block 1, THE SHOPPES OF OAK PARK HEIGHTS 2 ADDITION; and, , WHEREAS, that in and for consideration of the sum of On.e Dollar ($LOO) and other g ood and valuable consideration, the receipt of which is hereby ac.owledged, the Grantor has this day bargained ar ained and sold and by these presents does hereby bargain, sell and transfer unto the Grantee, its successors, heirs and assigns, the following: A p e rp etua. easement for driveway access, public utility and sanitary sewer lift station purp with the right t to enter upon the real estate hereinafter described at any time that it � may see fit, and construct, maintain and repair any lines, equipment, materials, surfacing or other itenas for public util. ty and access purposes or the purpose of maintaining, repairing or replacing the said public utilities over, and under the lands hereinafter described, together with the across throe � right to repair and replace utilities, and the farther right to remove obstructions interfering in the location, construction ' and maintenance of said public utility. That said private access and public utility easement to be located within the City of Oak Park Heights in the County of Washington, State of Minnesota, is hereby described as follows, to -wit: That part of Lot 1, Block 1, TI-3i SHOPPES OF OAK PARS. HEIGHTS 2 ADDITION, according to the recorded plat thereof, Washington County, Minnesota, described as follows: Commencing at the northeast comer of the Northeast Quarter of the Northwest Quarter of Section 5, Township 29, Range 20; thence North 89 degrees 36 minutes 32 seconds West, assumed bearing along the north line of said Northeast Quarter of the Northwest Quarter, a distance of 885.00 feet; thence South 00 degrees 23 minutes 28 seconds West, perpendicular to said north line, a distance of 110.00 feet; to the actual point of begi ring of the land to be described; thence South 89 degrees 36 'minutes 32 seconds East, parallel with said north line, a distance of 29.87 feet; thence North 00 degrees 23 minutes 28 seconds East, a distance of 42,00 feet to a • oint on a line 1 1 , ; 68 feet southerly of and • araliel to said north line; thence North 89 degrees 36 minutes 32 seconds West, along said parallel line, a distance of 29.87 feet; thence South 00 degrees 23 minutes 28 seconds West, a distance of 42.00 feet to the actual point of being. That the Grantor does hereby covenant with Grantee that it is lawfully seized and possessed of the real estate above - described, IN WITNESS WHEREOF, the parties have caused this instrument to be executed and dated on the date and year first above-written. THE SHOPPES OF OAK PARK HEIGHTS, L.Q.C. Its Prc#1M4 2 STATE OP MINNESOTA ) a ss COUNTY OF r, cult Q( ) . {''day 2 004 before me a Notary Public, within. ��t�.s o� �� , 2004, and for said County personally appeared Jay Scott, to did personally known, being duly sworn did ` p Y say that he is respectively the President of � S said � said � ed and sealed on behalf of saa.d named in the foregoing instrument, and that said ins�a ent was signed. . of Governors and said Jay Scott acknowledged limited liability company by authority o� its Board o said iiistrument to be the free .act and deed of said limited liability company. By: Notary Public David Beaudet Its Mayor sic Johnson Its City A s strator .3 CL_/' KAREN L BU FTON NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES 1/31/2.008 STATE OF MINNESOTA ) ss COUNTY OF WA.SB NGTON) On this day of a , 2004, before one a Notary Public, within • and for said County personally appeared David Bdaudet and Eric Johnson, to me personally known, �'' p 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 znd deed of said municipal corporation. I JR AL . , JOHNSON NOTARY PUBLIC - MINNESOTA h . WASHINGTON COUNTY My Comm. moires Jan. 31, 2005 This nstrument Drafted Mark J. Vierling ECKBERG, LAMMERS, BRIGGS, WOLPF & VIERLING, 1835 Northwestern Avenue Stillwater, Mimiesota 55082 4