04-25-1990 Council Agenda - Laserfiche WebLink

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Thomas M. Sweeney George F. Borer Paul T. Ostrow Douglas B. Meslow Sweeney & Borer Pro/'•ssional Association Attorneys at Law Suite 1200 Capital Centre 386 North Wabasha Street St. Paul, Minnesota 55102 March 23, 1990 Mr. Joel Hanson City Administrator 515 Little Canada Road Little Canada, MN 55117 Re: Amendment of Planned Unit Development Agreement (Minnesota Mini - Storage) Our File No. 4720 Dear Joel: Telephone (612) 222-2541 Facsimile (612) 223-5289 Please find enclosed for your review a copy of our file copy of a Clarification of Planned Unit Development Agreement, which was approved and executed by the City of Little Canada on September 14, 1989. The operative provisions of the Clarification are found in Paragraph 1 at the bottom of page one. Pursuant to the provisions thereof, City approval is "required in the case of a sale, transfer or encumbrance of less than all of the premises by Owner, its successors and assigns, to a third party." We have recently been contacted by the attorney for Two S Properties, Inc., a Minnesota corporation, which apparently is one of the new owners of the property. The attorney for Two S Properties, Inc. has requested that the City of Little Canada approve the enclosed Amendment to Planned Unit Development Agreement on the basis that the enclosed Amendment is the same as the enclosed Clarification. However, Paragraph 5 states that it is the present intent that Tracts A and B be owned by separate persons. Furthermore in Paragraph 1 at the bottom of page 1 either Tract A or Tract B may be separately sold and transferred without approval of the City. I do not believe that previous City approval in September of 1989 included the approval of the provisions of the enclosed Amendment. Therefore, this new Amendment should be submitted to the City Council for its review. pa no OP