2006-07-24 First Amendment to Master PUD/CUP
.
, .
~
Doc. No. A 1018401
OFFICE OF THE COUNTY RECORDER
WRIGHT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
07-24-2006 at 01 :54
Check#: 7838 Fee: $ 46.00
Payment Code 02
Add!. Fee
Larry A. Unger, County Recorder
CITY OF ALBERTVILLE
FIRST AMENDMENT TO THE
MASTER PLANNED UNIT DEVELOPMENT /
CONDITIONAL USE AGREEMENT
SHOPPES AT TOWN LAKES ONE
THIS AGREEMENT, entered into this ~ day of tvt"llJ" , 2005 by
and between Contractor Property Developers Company, Man~LC and
Granite City Innovative Builders, Inc., Allen R. Keller and Julie A. Keller, husband
and wife, Ted R. Klein andJane E. Geers-Klein, husband and wife, Wendell D.
Timmer and Carla J. Timmer, husband and wife, Stephen R. Upgren and Kathleen
A. Upgren, husband and wife, and Lionel D. Kull and Debra J. Kull, husband and
wife, all collectively referred to herein as "Developer"; and the CITY OF
ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as
"City";
WITNESSETH:
WHEREAS, Contractor Property Developers Company and the City have
entered into an agreement titled City Of Albertville Master Planned Unit
Development Conditional Use Agreement Shoppes At Town Lakes One ("Master
Agreement"), dated February 3,2004 and recorded in the office of the Wright
County Recorder, Wright County, Minnesota, as document 896395; and
WHEREAS, Contractor Property Developers Company has previously
platted Outlot D of Towne Lakes 5th Addition as recorded in the office of the Wright
County Recorder, Wright County, Minnesota; and
WHEREAS, Contractor Property Developers Company has conveyed Lot 1,
Block 1, Shoppes at Towne Lakes One as recorded in the office of the Wright
1
County Recorder, Wright County, Minnesota, to Manchester II, LLC and Granite
City Innovative Builders, Inc. as tenants in common, but Contractor Property
Developers Company has not been released by the City from its obligations in
relation to said Lot 1 Block 1 under the Master Agreement; and
WHEREAS, Contractor Property Developers Company has conveyed said
Outlot D, Towne Lakes 5th Addition, to Allen R. Keller and Julie A. Keller, husband
and wife, Ted R. Klein and Jane E. Geers-Klein, husband and wife, Wendell D.
Timmer and Carla 1. Timmer, husband and wife, Stephen R. Upgren and Kathleen
A. Upgren, husband and wife, and Lionel D. Kull and Debra 1. Kull, husband and
wife, as tenants in common; and
WHEREAS, Developer and City desire to amend the Master Agreement
relating to the construction and operation of restaurant required to be constructed
under the Master Agreement; and
WHEREAS, Developer and City intend to modify the uses allowed on said
Lot 1, Block 1, Shoppes at Towne Lakes One and intend to restrict the future use of
said Outlot D, Towne Lakes 5th Addition upon its platting as numbered lots and
blocks; and
WHEREAS, Contractor Property Developers Company as original signatory
to the Master Agreement has since transferred said Lot 1, Block 1 to Manchester II,
LLC and Granite City Innovative Builders, Inc.;
NOW, THEREFORE, IT IS HEREBY AND HEREIN l\lUTUALL Y
AGREED, in consideration of each party's promises and considerations herein set
forth, as follows:
1. Intent of the Parties. It is the intent of all of the parties to this agreement that
this Amended Developer's Agreement ("Amended Developer's Agreement") and
the Master Agreement be read together to determine the rights and obligations of
the parties with respect to the property contained within the Shoppes at Town
Lakes One Plat. In the event of a conflict between the terms of the Master
Agreement and this Amended Developer's Agreement, the terms of this
Amended Developer's Agreement shall control with respect to such conflicting
terms.
2. Restatement of Para2raph l.K. of Master A2reement. Paragraph K. of the
Master Agreement is hereby restated and amended to read as follows:
2
K. The uses on Lot 1 of Said Plat shall be limited to a bank permitted under
the City's B-2A zoning ordinance.
3. Addition ofPara2:raph l.W. of the Master A2:reement. The
paragraph l.W. is hereby inserted into said Master Agreement:
following
1.W. Developer agrees to restrict the use of two future lots to be platted from
Outlot D, Towne Lakes 5th Addition, according to the plat of record in the office of
the Wright County Recorder, Wright County, Minnesota, ("Outlot D") as follows:
1. At such time as Developer replats any portion of Outlot D into
numbered lots and blocks, the Developer shall plat at least two
lots which shall be limited in use as specified in this paragraph
l.W.
11. One of such lots shall be of sufficient size to support a building
of at least 8,000 square feet in size, the building constructed on
such lot shall be at least 8,000 square feet in size, such lot must
accommodate all parking requirements per the City's ordinance
for the use in said building, and the use of such lot shall be
restricted to a "sit-down" restaurant otherwise permitted in the
City's B-2A zoning district. For purposes of this Agreement, a
"sit down" restaurant means a restaurant in which customers
seated at individual tables order and are served food by waiters
and/or waitresses and no more than a total of 15% of food sales
are pick-up, delivery, and carry-out orders which are eaten at
off-premise locations. The building constructed on this lot shall
not be permitted to have a drive-up window where customers
can order or pickup food from their cars.
111. The other of such lots shall be of sufficient size to support a
building of at least 4,000 square feet in size, the building
constructed on such lot shall be at least 4,000 square feet in
size, and the use of such lot shall be restricted to a restaurant
permitted in the City's B-2A zoning district.
IV. The restaurant buildings referred to on said lots shall be free
standing, single use buildings (i.e. each building shall be
occupied by no more than one restaurant at any given time).
v. The exact locations and configurations of such lots and the
restaurant buildings on Outlot D are subject to approval by City
Council.
3
4. Consent of Contractor Property Developers Company. Contractor Property
Developers Company, as signatory to the Master Agreement, consents to the
modification of the Master Agreement as contained herein.
5. A2:reement Effect. This Agreement shall be binding upon and extend to the
representatives, heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
::u / qJ;l~
By ~... ~ ....
Its Mayor
BL~~L-'
Its lerk
CONTRACTOR PROPERTY
DEVELOPERS COMPANY
~lt/~
· J. Michael Waldo
Its Vice-President
WI
MANCHESTER GRO~ II, LLC
GRANITE CITY INNOVATIVE BUILDERS, INC.
4
..
BY~
Its: ~ _~
ALLEN R. KELLER AND JULIE A. KELLER
~
Allen R. Keller
ua
Jr. Keller
TED R. KLEIN AND JANE E. GEERS-KLEIN,
~\
dR. Kle.ir1.j
~C~~~\~
WENDELLD. TIMMER AND CARLAJ. TIMMER
1;J~f)~
Wendell D. Timmer
e,arf&-.:r~~1
Carla J. Timmer .
Stephen
~/]{)~
Ka leen A. Upgren .
5
'.
LIONEL D. KULL AND DEBRA J. KULL
~ -4 ~f
Lionel D. ilIl f
~o~f
De1Jra J. Kull t:7'./ '
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ---.J Of ~
day of fYI ~ ' 2005, by Donald Peterson as Mayor of the City of
Albertville, a Mi esota munIcIpal corporatIOn, on behalf of the CIty and pursuant to
the authority of the City Council.
~o. ~ oLCUV1\UJ--
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ~ <1 ~
day of rY\ ~ ' 2005, by Bridget Miller, as Clerk of the City of
Albertville, a Mi esota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
e TINA LOUISE LANNES
'. . . ~'NOTARY PUBLlC-MINNESOTA
~._. My Comm. Exp, Jan. 31, 2009
~ h~ ~MA
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF Rta...'t'\%'{ )
6
The foregoing instrument was acknowledged before me this 12.'t'\
day of ~~'< , 2005, by J. Michael Waldo, as Vice-President of
Contractor Property Developers Company.
....o,..~.~.~ ANGELAKAYBELLANGER Q~%. Jl JA ,
. .. NOTARY PUBLJC . MINNESOTA ~
'.~. : MY COMMISSION EXPIRES No ary PublIc
. ~::e:.0" JANUARY 31 , 2010
STATE OF MINNESOTA)
) ss.
COUNTY OF ~-b..a ~41) 6 )
The foregoing instrument was acknowledged before me this q-t:/--
day of ~ A- ~ ' 2005, by 11') Q.tJI dl.R.lO J ~ 4t'r\.~ as
0..h. ~ ~ ~1'1 ~ of anchester Group II, LLC.
(\..L-2>' JvJ..-<-,
Notary PublIc
e Debt J. Hula
NOTARY PUBUC - MINNESOTA
MY COMMISSION EXPIRES 1/3112008
STATE OF
) ss.
COUNTY OF ~tL~ ..-s )
The foregoing instrument was acknowledged before me this q ...lJ...
day of '-vl/L LL~ ' 2005, by L)uJL~ ~ gOAl,
D ~ of ramte CIty Innovative BUIlders, Inc.
as
e Debl J. Huls
NOTARY PUBUC - MINNESOTA
MY COMMISSION EXPIRES 1/31/2008
(\Jo~ 9-' 7zluJ)~
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF ~~6
)
The foregoing instrument was acknowledged before me this --.9 ~
day of ~ ~''L '" [) , 2005, by Allen R. Keller and Julie A. Keller, husband
and wife.
7
. .
e Deb. J. Hula
NOTARY PUBLIC - MINNESOTA
; MY COMMISSION EXPIRES 1131I20OI
[\.1;,. ~. ~LJl ~
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF ~<;tQ ~A
)
The foregoing instrument was acknowledged before me this g JJ....
day of ~'l/\ r1L en' 2005, by Ted R. Klein and Jane E. Geers-Klein, husband
and wife.
e Deb. J. Hull
NOTARY PUBUC - MINNESOTA
; MY COMMISSION EXPIRES 1131I20OI
[)~~. -J,~""
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF ~~ I'J h AI'\ A
)
The foregoing instrument was acknowledged before me this q~
day of '-1,/);\ a...... , 2005, by Wendell D. Timmer and Carla J. Timmer,
husband and wife. d
e Debt J. Hull
NOTARY PUBUC - MINNESOTA
; MY COMMISSION EXPIRES 1131I20OI
()Jo; ~. ?-L~ 6
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF ~~~ ~
)
The foregoing instrument was acknowledged before me this --.9 -tf-.
day of '--1'1/ \ t-. D ' 2005, by Stephen R. Upgren and Kathleen A. Upgren,
husband and wife.
e Debl J. Hull
NOTARY PUBUC - MINNESOTA
MY COMMISSION EXPIRES 1131/2009
(:),kb ~ .J.JJ- 6
8
.
........ . 't'
. .
o
t-
z
a:
=>
tu
ex:
~y\\l'
, <
STATE OF MINNESOTA)
) ss.
COUNTY OF S~M -=;. )
Notary Public
The foregoing instrument was acknowledged before me this g ~
day of ~/\'/L(\ }oo(' ,2005, by Lionel D. Kull and Debra J. Kull, husband and
wife. U
e Debl J. Hula
NOTARY PUBl.1C - MINNESOTA
MY COMMISSION EXPIRES 113112009
DRAFTED BY:
Couri and MacArthur Law Office
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(612)497-1930
D..~~ CZJ. ~LQ~
Notary PublIc
9
101840j.