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APR -OS -1991 t ?:O6 FROM SWEENEY 3 BORER <br />Thomas M, Sweeney <br />George P. Sorer <br />Paul T, Ostrow <br />Douglas e. Mesiow <br />TO LITTLE - CANADA P.02'15 <br />Sweeney & Borer <br />Professional A..esociafron <br />Attorneys at Law <br />Suite 1200 <br />Capital Centre <br />386 North Wabasha Street <br />St. Paul, Minnesota 55102 <br />April 5, 1991 <br />Mr. Joel R. Hanson <br />City Administrator <br />515 Little Canada Road <br />Little Canada, MN 55117 <br />Re: Development Contract - <br />Costa Estates Plat <br />Our File No. 6858 <br />Dear Mr. Hanson: <br />/1 <br />Telephone <br />(612) 222.2541 <br />Facsimile <br />(612) 223.5299 <br />Pursuant to your request, please find enclosed the revised <br />Development Contract between the City and Rosemary Costa, Peter <br />Costa, Jr. and Ilene Costa. <br />As we discussed earlier today, paragraph 5 has been revised <br />to allow the developers to construct improvements to Vanderbie <br />Street prior to the improvement of Costa Lane. Additional <br />language has been added to the Agreement which clarifies that <br />the City does not warrant access to the development property and <br />that the City is under no obligation to construct Costa Lane <br />until the requirements of the Agreement and the City's <br />requirements have been satisfied. <br />Please also note that I have added a sentence to paragraph <br />13, which relates to the Abstract of Title. This additional <br />language requires the developers to execute any documents <br />necessary to record the Development Contract or to clarify <br />title. This language is added for two specific reasons. First, <br />an Affidavit of Survivorship will be necessary from Rosemary <br />Costa, confirming that she is the surviving spouse of Frank <br />Costa and held the property in joint tenancy. Second, an <br />additional Affidavit will have to be filed indicating that Frank <br />P. Costa and Rosemary Costa are the same individuals as Frank <br />Costa and Rose Tornatsri Costa. <br />Page 49 <br />