2010-05-27 Amendment of PUD AgreementDraft Dated May 27, 2010
AMENDMENT TO
CITY OF ALBERTVILLE
PLANNED UNIT DEVELOPMENT/
CONDITIONAL USE AGREEMENT
SHOPPES AT PRAIRIE RUN
WHEREAS, the City of Albertville ("City"), a municipal corporation
organized under the laws of the State of Minnesota, and Finken Water, Inc.
("Developer"), a corporation under the laws of the State of Minnesota entered into
an Agreement titled "Planned Unit Development/Conditional Use Agreement
Shoppes at Prairie Run" ("Developer's Agreement") dated May 5, 2005 and
recorded as document number 964664 at the Wright County Recorder's Office,
Wright County, Minnesota; and
WHEREAS, On October 15, 2007, Developer replatted the property
known as Shoppes at Prairie Run as the plat of Shoppes at Prairie Run 2 according
to the plat of record on file at the Wright County Recorder's Office, Wright
County, Minnesota; and
WHEREAS, Developer seeks to modify the requirements of the original
Developer's Agreement;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each parry's promises and considerations herein set
forth, as follows:
1. The Developer acknowledges that the Developer's Agreement and this
Amendment apply to and bind all of the property now known as Shoppes at
Prairie Run 2.
1
2. Landscaping. Paragraph 1K of the Developer's Agreement is modified to
read as follows:
"Trees, shrubs, berms and screening are to be planted and installed as
shown on the landscape plan attached as Exhibit C. The Developer
and all successor lot owners shall guarantee that all new trees and
plantings shall survive for two full years from the time the planting has
been completed or will be replaced at the expense of the Developer.
Each lot owner will be required to post a cash escrow with the City
prior to the issuance of a building permit for such lot. The escrow shall
cover the estimated cost to purchase and install landscaping for that lot
and the escrow shall remain with the City for the full two year
guarantee period to secure the performance of Developer and its
successor under this subparagraph 1K. If Developer or its successor
fails to install the landscaping or replace such landscaping that does
not survive during the guarantee period as required by this
subparagraph, the City may draw on the cash escrow and install such
landscaping using the cash escrow. All such landscaping shall be
installed in the same building season as the final occupancy permit is
issued. If weather conditions prohibit the installation of such
landscaping during the same building season as the occupancy permit
is issued, all such landscaping shall be installed during the following
building season."
3. Surety Requirements and Release. Upon the completion of the
requirements of Paragraph 13M as set out in this Amendment, Paragraphs 4
and 5 of the Developer's Agreement shall be deleted and the City shall
release the surety posted by Developer pursuant to the Developer's
Agreement.
4. Miscellaneous. Paragraph 13 shall be amended to add the following
subparagraphs:
L. Site and Building Plan review, per Chapter 1500 of the
Albertville City Code shall be required for the two (2) remaining
undeveloped lots (lots 1 & 3, block 1 of Shoppes at Prairie Run
2).
M. All disturbed and non -vegetated areas of the site, including the
undeveloped lots 1 and 3, block 1 of Shoppes at Prairie Run 2
shall be restored with turf to a smooth and "mowable" condition.
The scope of this work shall include, but is not limited to:
grading and backfilling along and around all sidewalk and
2
structures, general grade leveling and spreading of materials,
removal of rubble and debris, seeding mulching, and
establishment of turf. Developer shall also replace all dead trees
and plantings on Lot 2, Block 1 of Shoppes at Prairie Run 2.
5. Developer's Agreement. Except as specifically altered by this Addendum,
the terms of the Developer's Agreement shall remain in full force and effect
for the properties in the Plat of Shoppes at Prairie Run 2.
CITY OF ALBERTVILLE,
By
Ron Klecker, Mayor
an
Bridget Miller, Clerk
FINKEN WATER, INC
RA
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 2010, by Ron Klecker as Mayor of the City of
Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
Notary Public
3
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 2010, by Bridget Miller, as Clerk of the City of
Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
STATE OF MINNESOTA
COUNTY OF WRIGHT
day
Notary Public
) ss.
The foregoing instrument was acknowledged before me this
of 2010, by ,
of Finken Water, Inc.
Notary Public
DRAFTED BY:
Couri, MacArthur & Ruppe, P.L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763) 497-1930
as
M