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MASLON <br /> MASLON EDELMAN BORMAN & BRAND. LLP <br /> P 612.672.8200 3300 WELLS FARGO CENTER <br /> F 612.672.8397 90 SOUTH SEVENTH STREET <br /> MINNEAPOLIS, MINNESOTA <br /> www.maslon.com 55402-4140 <br /> August 27, 2003 Charles Bans <br /> Direct Phone: 612-672-8318 <br /> Direct Fax: 612-642-8318 <br /> Charles.Bans@maslon.corn <br /> City of Pequot Lakes <br /> Attn: Chuck Marohn <br /> P.O.Box 361 <br /> Pequot Lakes,MN 56472 <br /> Re: Pequot Pines Apartment Fencing <br /> Gentlemen: <br /> Our office represents Donald S. Babinski, the owner of Pequot Pines Apartments. We <br /> have been asked to respond to your recent inquiry about the need for a permit for the fencing <br /> installed around the Pequot Pines Apartment project. <br /> Our client took out the building permit required by the City for the construction of the <br /> apartment building under the terms and conditions provided for in the Development Agreement <br /> with the City of Pequot Lakes dated September 1, 1999. That Development Agreement requires a <br /> new 90-unit apartment building to be constructed along with a renovation of the existing 59-unit <br /> building. Such construction and renovation included the Exhibit D Work which is to be <br /> reimbursable from the tax increments. <br /> Attached is a copy of Exhibit D from the Development Agreement that outlines the <br /> specified reimbursable project costs. The second to last item on the list is one labeled "Fencing <br /> around the Housing Project." <br /> As evidenced by the Development Agreement, the costs associated with the construction <br /> of the fence were required by the City at the time the Development Agreement was signed and <br /> are covered under the apartment building construction permit issued by the City. <br /> Accordingly, in our legal opinion, Mr. Babinski has obtained all necessary permits <br /> required by the City for the project including but not limited to the fence. <br /> If you have any further question regarding this matter,please feel free to call. <br /> Very truly yours, <br /> Maslon Edelman Borman&Brand,LLP <br /> • � <br /> B <br /> (2atV%41. ---- <br /> y: <br /> Charles Bans, a partner <br /> CB:mjm <br /> Enclosure <br /> cc: Donald S.Babinski <br /> #284486 v <br />