2002-11-12 Trash Recepticals~+ ~ ~
lb~.l tV~ 1~£' 5975 Main Avenue N.E. • P.O. Box 9 • Albertville, MN 55301 • (763) 497-3384 • Fax: (763) 497-3210
Smog Tou/n UNnq. Blq pty Uh. '
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November 12, 2D02
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CPG Partners, L.P. _ ~:)
C/o Chelsea Property Group, Inc. ~~
103 Eisenhower Parkway
Roseland~NJ 07068 ~
Re: Outlets at Albertville, Albertville, Wright County, Minnesota (the .
"Property"). _ ,
Ladies and Gentlemen:
Reference is Made to that certain Developer's/Planned Unit Development Agreement by
and betareen Albertville Factory Outlets, L.L.C. ("Developer") and the City of Albertville
(tk~e "City"), dated May 4, 1999 and recorded on May 4,r1999 as Dobument No. 6777246
in the office of the Wright County Recorder, Wright county, Minnesota (the "Recorder's
Office"), as amended by undated First Amendment to Developer's Planned Unit ~ _.
Development Agreement by and between Developer and the City, recorded on February
29, 2000 as Document No. 703145in the Reco tder's Office (the "Agreement"). 'The
undersigned hereby certifies to you and your successors and assigns that (i) the
Agreement is in full force and effect and has not been amended ormodified, (ii) except as
noted below., the property was developed in accord;~nce with, and, to the best of the
City's knowledge, the use and operation of the Property currently comply with, the terms
and provisions of the Agreement and (iii) except as noted below, Developer has comlzlied
with all of its obligations under the Agreement to date. ~ ..
The following exceptions apply to the above certification:
1. The Developer's tenants are currently using more trash receptacles than are allowed
under the Agreement, resulting in trash receptacles in locations other than those ar~'as
approved by the City.
2. City ordinance requires that parking lot lighting deflect light away from adjoining
residential zones or public streets. To meet this requirement, the City generally - ,
requires that parking lot lighting be hooded and be pointing downward at a 90-degree
~ angle from the pole so as to prevent the direct illumination of other properties. The
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_ parking lot lighting on the property is set at a 45-degree angle from the pole, which
directs light toward adjoining properties and onto public streets. This configuration
does not comply with City ordinance. The-City has no record indicating that it has
ever granted a variance from this provision of the ordinance.
j As to both of the non-conformities identified above, the City has .not sought enforcement
action, but the City reserves the`right to require the Developer to come into compliance a
should the City deem the problems of sufficient magnitude to CGarrant enforcement
. action.
' ~ Sincere
g .~ ~ Linda Goeb -
. City Administrator
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