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1996-09-05 Progress to DateWilliam S. Radzwill Andrew J• MacArthur Michael G Couri Megan M. McDonald September 5, 1996 Mr. Jim Morse JMJ Properties, Inc. 107 Sinclair Drive Muskegon, Michigan 49441 RADZWILL & COURT Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376 (612) 497-1930 (612) 497-2599 (FAX) Re: City of a lbertville; Minneapolis Factory Shoppes. Dear Jim: As we discussed yesterday, the Albertville City Council discussed the progress to date on the Minneapolis Factory Shoppes as well as the future work to be done if the development is to be built in Albertville in 1997. The City Council appreciates the time, effort and expense you have invested in the project to date. The Council considered the concepts that we spoke about on August 6th, including the possibility of having the City waive the legal, engineering and planning fees which the City will incur with this project, and the possibility of structuring certain fees such as SAC fees so that they are payable over a period of years (e.g. four years) rather than entirely when the building permit is pulled, and waiving other non-City expense items, such as a portion of the building permit fees which the City normally would retain when a building permit is pulled. The City Council would like to see the outlet mall locate in the City, and would like to provide whatever help it can. However, with a City population of just over 2,200, the City has neither the general fund nor the tax base from which to shoulder the large outlays necessary to properly process the proposed outlet mall development (current City policy requires all developers to pay all professional and other development costs incurred by the City). Through July, 1996, City professional fees (including legal, planning and engineering) are approximately $30,000 over the 1996 budget, with five more months remaining in the 1996 budget year. As a result, the City Council is proposing an arrangement where JMJ will pay the City for the development expenses which the City expects to incur in processing this development (estimated to be approximately $25,000). If the development occurs in the City, Mr. Jim Morse September 5, 1996 Page 2 the City will then reimburse JMJ $10,000 per year for 10 years, beginning in the first year after the development is completed. If the development does not occur, then JMJ would not be reimbursed for the City's expenses paid by JMJ. This arrangement will allow the City to proceed with the necessary development work on this project, and at the same time provide JMJ a return of its fees as well as defray some of the development expenses JMJ will incur. In addition, the City Council is willing to restructure the SAC fee so that it is payable over a four-year period, and would be willing to waive that portion of the building permit fee which cJOUld o~therc~ise be kept by the City. If the above proposal is not acceptable to JMJ, the only other option which the City believes it can afford is to have .the City and JMJ split the cost of the City's development fees on a 50-50 basis, with no future payback and no restructuring of other fees. Please consider these options. The City will wait to hear from you before proceeding further on this matter. Given the relatively tight time schedule which this project is on, I believe it imperative that the City and JMJ come to an understanding regarding this matter as soon as possible. Sincerely, ~C- ~ -cl Michael C. Couri RADZWILL ~ COIIRI cc: Mr. Kevin Mealhouse Ms. Liz Stockman Mr. Pete Carlson ~~,~Mr . Gary Hale