1999-11-23 Final Revision to the First Amendement to DAMichael C. Couri• COURI & MACARTHUR
Andrew J. MacArthur Attorneys ar Eaw
Marcus W. Miller 705 Central Avenue East
PD Box 369
'Also licensed rn Illinois St. Michael, MN 55376
(612) 497-1930
(612) 497-2599 (FAX)
November 23, 1999
VIA FACSIMILE
Mr. Michael M. Knowlton
Culver Sheridan Knowlton Even & Franks
250 Terrace Plaza
P.O. Box 629
Muskegon, Michigan 49443
Re: City of Albertville; Outlets at Albertville.
Dear Mr. Knowlton:
Please find enclosed what I believe is the final revision to the First Amendment to
the Developer's Agreement. Please note that I have changed the hours to "9:00 a.m. to
10:00 p.m.," as you requested. I also inserted Shane Bullough's name as manager.
Please fax me back a signed version of the amendment. I will mail the originals for
signature. Thank you.
Sincerely,
~`~
Michael C. Court
Couri & MacArthur
Enclosure
Cc: ~tC~Is. Linda Goeb
Mr. Pete Carlson
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 mall; 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 1.B. of said Developer's Agreement requires the
City to complete certain unprovements 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.