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Feb-27-98 01:09om From-KENNEDY & GRAVEN 6123379310 T-825 P.02/03 F-090 <br /> 470 Pillsbury Center <br /> Kennedy 200 South Sixth Street DflWi <br /> Minneapolis MN 55402 <br /> (( � (612) 337-9300 cdcphunc FEB7ID <br /> l:f riven (612) 337-9310 fax 2 1998 <br /> e h A RTER EP e-mail.attysQkcnnedy-gravcn.com <br /> By <br /> SCOTT J. RIGGS <br /> Atwmey of Law <br /> Diract Dial(612)337-9260 <br /> annul:ang kmaady-gtuvcn.mu <br /> February 27, 1998 <br /> VIA FACSIMILE AND REGULAR MAIL <br /> Mr. Steve Dorgan <br /> City of Mounds View <br /> 2401 Highway 10 <br /> Muuncib View, MN 55112 <br /> RE: Review of EDA/Preferred Builders Purchase and Redevelopment Agreement <br /> Dear Steve: <br /> Per your request, I have reviewed the Purchase and Redevelopment Agreement as to the <br /> • <br /> Minimum Improvements required to be constructed pursuant to the Agreement. The pertinent <br /> sections provide as follows: <br /> 1. The fourth "Whereas"clause in the Purchase and Redevelopment Agreement states <br /> that "the Developer proposes to construct on the Property a 1900 sq. ft. three bedroom <br /> modified two story single family residential home, including two full bathrooms and a <br /> three car garage, with an estimated market value of$145,000." (Emphasis added). <br /> 2. The definition section of the Purchase and Redevelopment Agreement states that <br /> "'Minimum Improvements' means the construction of a 1900 sq. ft. three bedroom <br /> modified two story single family residential home, including two full bathrooms and a <br /> three car Rarage, with an estimated market value of$145,000." Section 1.0(k) (emphasis <br /> added). <br /> 3. Exhibit C to Purchase and Redevelopment Agreement -- Housing Development <br /> and Site Criteria notes at Paragraph 2.d. that "1 al two-car attached garage is required." <br /> (Emphasis added). <br /> As discussed, throughout the Agreement reference is made to construction of the Minimum <br /> Improvements on the Property. A review of the above provisions leads to the conclusion that <br /> they are somewhat inconsistent as to the Minimum It nprovements to be constructed pursuant to • <br /> the Purchase and Redevelopment Agreement. <br /> Based on the above, you asked: Is the City obligated to provide a variance for the Developer <br /> SJR.390s <br /> x725-5 <br />