2003-07-30 Addition Changes to Dev Agrmt
flr.fichael C. Couri.
Andrew J. ilfacArthur
Robert T. Ruppe-.
David R. Wendorf
-Also licensed in Rlinois
COURI & MACARTHUR
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376-0369
(763) 497-1930
(763) 497-2599 (FAX)
couriandmacarthur@pobox.com
"Also licensed in Cali/orn",
July 30, 2003
Mike Thomas
Edina Development Authority
700 Industry Avenue
Anoka, Minnesota 55303
Re: Albert Villas 3rd, 4th and 6th Addition Changes to Developer's Agreements
Dear Mr. Thomas:
Enclosed please find an agreement to modify the Developer's Agreements for the 3rd, 4th
and 6th Additions by deleting the reference to a homeowners association from the relevant
paragraph of each agreement. This requested change in our view merely removes
inapplicable language and does not change or modify the obligations of the parties.
The modification to the Developer's Agreements must be approved by the City Council
Our office acting as City Attorney will recommend that the City Council adopt the
amendment agreement.
If you have any questions or comments please contact me.
Sincerely,
~~
David R. \Vendorf
Couri & lVIacArthur
ce. City of Albertville
CITY OF ALBERTVILLE
Al\1ENDMENTS TO THE CONDITIONAL USEIPLANNED UNIT
DEVELOPMENT AGREEMENTS FOR ALBERT VILLAS TIllRD, FOURTH AND
SIXTH ADDITIONS
THIS AGREEMENT, entered into this day of , 2003 by and
between EDINA DEVELOPMENT CORPORATION referred to herein as "Developer";
and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter
referred to as "City";
WITNESSETH:
. WHEREAS, The City and the Developer entered into a Conditional UseIPlanned
Unit Development Agreement for Albert Villas Third Addition Plat, dated April 6,
2001, recorded as document number 738770 on file and of record at the Wright County
Recorder's Office, State of Minnesota; a Conditional UseIPlanned Unit Development
Agreement for Albert Villas Fourth Addition Plat dated April 1, 2002, recorded as
document number 793973 on file and of record at the Wright County Recorder's Office,
State of Minnesota; and a Conditional Use/Planned Unit Development Agreement for
Albert Villas Sixth Addition Plat dated May 30, 2003, recorded as document number
854983 on file and of record at the Wright County Recorder's Office, State of Minnesota;
all for the purpose of setting forth and memorializing for the parties and subsequent owners,
the understandings and covenants of the parties concerning the development of the Said
Plats and the conditions imposed thereon:
WHEREAS, Developer requests certain changes in the language of the Conditional
UseIPlanned Unit Development Agreements for Albert Villas Third, Fourth and Sixth
Additions;
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NO\V, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set forth, as
follows:
1. That all of the provisions, obligations, understandings and covenants of the parties
concerning the development of the Said Plats and the conditions imposed thereon as set
forth in the Conditional Use/Planned Unit Development Agreements for Albert Villas
Third, Fourth and Sixth Additions remain in full force and effect except those portions of
said agreements which are specifically amended by this agreement. Both parties
acknowledge that this amendment agreement, unless otherwise expressly stated, is not
intended to relieve the parties their heirs or assigns of any of the obligations, understandings
or covenants concerning the development of Said Plats and the conditions imposed thereon
as set forth in the Conditional UseIPlanned Unit Development Agreements for Albert Villas
Third, Fourth and Sixth Additions.
2. That Section 1 Paragraph D of the Conditional UseIPlanned Unit Development
Agreement for Albert Villas Third Addition dated April 6, 2001, recorded as document
number 738770 on file and of record at the Wright County Recorder's Office, State of
Minnesota; and Section 1 Paragraph H of the Conditional Use/Planned Unit Development
Agreement for Albert Villas Fourth Addition dated April 1, 2002, recorded as document
number 793973 on file and of record at the Wright County Recorder's Office, State of
Minnesota; and Section 1 Paragraph F of the Conditional UseIPlanned Unit Development
Agreement for Albert Villas Sixth Addition dated May 30, 2003, recorded as document
number 854983 on file and of record at the Wright County Recorder's Office, State of
Minnesota; are amended to read as follows:
The Developer shall file a declaration of protective covenants against all Lots in Said
Plat, said covenants to be submitted to the City Attorney for review and approval and
shall be subject to the requirements of Section 1100 and 2700 of the City Zoning
Ordinance.
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"
CITY OF ALBERTVILLE,
By
Its Mayor
By
Its Clerk
EDINA DEVELOPMENT CORPORATION
By Rick Lewondowski
Its President
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2003, by Don Peterson as Mayor of the City of Albertville, a
Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the
City Council.
Notary Public
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'"
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2003, by Linda Goeb, as Clerk-Administrator of the City of
Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the
authority of the City Council.
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2003, by Rick Lewondowski, as President of Edina Development
Corporation.
Notary Public
Couri and MacArthur Law Office
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
612)497-1930
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