2000-02-28 WC Recorder First Amendment to DAMichael C. Couri•
Andrew J. MacArthur
Marcus W. Miller
•~cm rt~ad ~ tt6nois
February 28, 2000
COURI & MACARTHUR
Anorneys at Law
705 Central A~nue East
PO Bax 369
St. Michael, MNS5376-0369
(612) 497-1930
(612) 497-2599 (FAX)
couriandmacarthur®pobox aom
Wright County Recorder
Wright County Government Center
10 N.W. 2na Street
Buffalo, MN 55313
Re: City of Albertville; Outlets at Albertville.
Dear Wright County Recorder:
Please fmd enclosed for recording the First Amendment to Developer's/Planned
Unit Development Agreement for Outlets at Albertville and a check in the amount of
$19.50 for the recording fee. Can you please record this document? Thank you.
Sincerely
-~
Michael C. Couri
Couri & MacArthur
Enclosure
Cc: Ms. Linda Goeb
Mr. Mike Knowlton
FIRST AMENDMENT TO DEVELOPER'S~PLANNED
iJNIT DEVELOPMENT AGREEMENT
Outlets at Albertville
WHEREAS, On May 4, 1999, Albertville Factory Outlets, LLC, a
Michigan Limited Liability Company (hereinafter "Developer") and the City of
Albertville, a municipal corporation organized under the laws of the State of
Minnesota (hereinafter "City"), entered into an agreement titled
"DEVELOPER'S~PLANNED UNIT DEVELOPMENT AGREEMENT, Outlets at
Albertville," (hereinafter "Developer's Agreement") relating to the construction
and operation of an outlet ma'.1'; and
WHEREAS, said Developer's Agreement is on file and recorded as
document number 677246 in the office of the Wright County Recorder, Wright
County, Minnesota; and
WHEREAS, paragraph l.B. of said Developer's Agreement requires the
City to complete certain improvements to Wright County State Aid Highway No.
19 (hereinafter "CSAH 19") by February 1, 2000; and
WHEREAS, the City anticipates that all required improvements to CSAH
19 will be completed by February 1, 2000, with the exception of the final
bituminous "wear course," which the City would like to install during the summer
of 2000; and
WHEREAS, the Developer is not opposed to the installation of said "wear
course" during the summer of 2000, provided that the installation of said "wear
course" is not performed during Outlets at Albertville business hours, and
provided that the cost to the Developer of installing the "wear course" will not
increase above the current bid price accepted by the: City on September 7, 1999;
and
WHEREAS, the Developer estimates that its hours of operation will be
from 9:00 a.m. until 10:00 p.m.
NOW, THEREFORE, the Developer and City agree to amend the
Developer's Agreement as follows:
1. The last sentence of paragraph 1.B. which reads "Said improvements shall be
installed no later than February 1, 2000" is hereby deleted.
2. Paragraph 1.B.1. shall be modified to read as follows: "The Developer shall pay
all City costs incurred in constructing the Highway Improvements, including
engineering costs, land acquisition costs (if any), construction costs, permit fees
(if any) and financing costs, but in no event shall Developer be responsible for
costs of the Highway Improvements in excess of $387,377. In the event that the
total cost of the Highway Improvements, including any change orders, rebates
or liquidated damages, are less than $387,377, the City shall refund to
Developer the difference between the actual cost and $387,377."
3. Paragraph 1.B.4. is hereby added to the Developer's Agreement, said
paragraph to read as follows: "The City shall install said Highway
Improvements by Febriary 1, 2000, except the final bitwninous `wear course,'
which shall be installed no later than June 30, 2000. The City shall not install
the `wear course' between the hours of 9:00 a.m. to 10:00 p.m."
4. All other provisions of the Developer's Agreement shall remain in full force
and effect.
DEVELOPER,
ALBERTVILLE FACTORY
OUTLETS, LLC.
w
By: Shane H. Bullou
Its Manager
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
2
CITY OF ALBERTVILLE,
z~
The foregoing instrument wa acknowledged before me this , ~~C~
day of by John Olson as Mayor of the City of
Albertvi e, a Minnesota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
~~
Notary Public
MICHAEL C. COURT ''>
NOTARY PUBLIC-MINNESOTA
~' HENNEPIN COUNTY
• ~'C:~;^' fires Jan. 31, 2000
-""• My Commission Exp
STATE OF IviINNESOTA)
) ss.
COUNTY OF WRIGHT )
~ ~~~
The regoing instrument was cknowledged before me this
day of by Linda Goeb, as Clerk of the City of
Albertvil , a Minne ota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
t (.
Notary Public
~~~y~
"•• MICHAEL C, COURT
r, .
=V'` NOTARYPUBUC-MINNESOTA.
• " " • HENNEPIN COUNTY
~''-"`' ~• My Commission Expires Jan. 31, 2000
STATE OF t('~1t 0.Y1
ss.
COUNTY OF us K
The foregoing instrument was acknowled ed before me this S'}'
day of Dr~em ~j eir 1999, by ~~1~c,1't ~ `3Lt,~ ~ D ~~ as
Manager of Albertville Factory Outlets, LLC, a Michigan Limited Liability
Company.
Notary PubIR ~8M A. FALBB
Nty Commissiori ~~i `~~°M"a~r,1 ,~~ Notary Public
3
This Agreement drafted by:
Court & MacArthur Law Office
P.O. Box 369
St. Michael, MN 55376
4