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2002-11-12 Exceptions to Certification. + lb~rtvi ~ ~~ 5979-Main Avenue N.E. • P.O. Box 9 • Albertville, MN 55301 • (763) 497-3384 • Fax: (763) 497-3210 Smell Town UNng. Mg Gty UM. .~ , t November 12, 2002 ~ y' - ~ ~ (~~~ _ _ ,~ CPG Partners, L.P. ~ C/o Chelsea Property Group, Inca ' 103 Eisenhower Parkway , :Roseland, NJ 07068 Re: Outlets at Albertville, Albertville, Wright County, Minnesota (the "Premises"). Ladies~and Gentlemen: ~ _ This is to advise you and your successors and assigns that as of the date hereof, the Premises, and, to the best of the City's knowledge, the use thereof and the improvements thereof, are in compliance with all'applicable building and zoning laws, rules and regulations, except as noted below. The following exceptions-apply to the above certification: • 1. The Developer's tenants are currently using more trash receptacles than are allowed . -under tY~e Developer's/Planned Unit Development Agreement by and between Albertville Factory Outlets, L.L.C. ("Developer") and the City of Albertville (the "City"), dated May 4, 1999 and recorded on May 4, 199 as Document No. 6777246 in the office of the Wright County Recorder, Wright county, Minnesota. This has resulted in trash receptacles being located in locations other than those areas 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 gene~'ally 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 parking lot lighting Aon the property is set at a 45-degree angle from the pole; which • directs light toward adjoining properties and onto public street. This configuration d9es not coranply with City ordinance. The City has no record indicating that it has ever granted a 8ariance from this provision of the~ordinance. ~. v ~. +~ r ' ®e ~ ~ 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 should the City deem the problems of sufficient magnitude to warrant enforcement action. " _- •~ • , a „ ~ • .r .~ " t ~ ~ , r « ~ 0 ~ e y ~ M - ~ s aa. v ~ ~ ,, 1 ~ i - ~