1999-05-04 First Amendment to DA'70 3145
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FIItST AMENDMENT TO DEVELOPER'S~PLANNED
iJNIT DEVELOPMENT AGREEMENT
Outlets at Albertville
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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, pazagraph 1.B. of said Developer's Agreement requires the
City to complete certain improvements 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
inCrZase a'i3t'iVc the current bid price aCCEptcd by th8 r:ity oia .~ieptem'~er 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 pazagraph 1.B. which reads "Said improvements shall be
installed no later than February 1, 2000" is hereby deleted.
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2. Paragraph 1.B.1. shall be modified to read as follows: "The Developer shall pay
all City costs incurred in constructing the Highway Improvements, including
engineering costs, land acquisition costs (if any), construction costs, permit fees
(if any) and financing costs, but in no event shall Developer be responsible for
costs of the Highway Improvements in excess of $387,377. In the event that the
total cost of the Highway Improvements, including any change orders, rebates
or liquidated damages, are less than $387,377, the City shall refund to
Developer the difference between the actual cost and $387,377."
3. Paragraph 1.B.4. is hereby added to the Developer's Agreement, said
paragraph to read as follows: "The City shall install said Highway
Improvements by February 1, 2000, except the final bituminous `wear course,'
which shall be installed no later than June 30, 2000. The City shall not install
the `wear course' between the hours of 9:00 a.m. to 10:00 p.m."
4. All other provisions of the Developer's Agreement shall remain in full force
and effect.
DEVELOPER,
~I,BEI~TVILLE FACTORY
OUTLETS, LLC.
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By: Shane H. Bullough
Its Manager
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
2 01
CITY OF ALBERTVILLE,
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The foregoing instrument was acknowledged before me this l
day of by John Olson as Mayor of the City of
Albertvi e, a M' esota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
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Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
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~~^ NOTARYPU~L!Gt~i ~SCTA
~~ ~ '~ HENPJ PIN ~t,UtuTY
"' My Commis~~on EYpire~ Jan. 31, 2000
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The foregoing instrument w acknowledged before me this ~~~%~
day of by Linda Goeb, as Clerk of the City of
Albertvi e, a Minnesota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
C~
Notary Public
STATE OF " '~,~~~ ~ ~,~.,~+
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COUIv T Y OF ~ u-~ ~M.~~~ i'Y~
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MICH,4EL C. COll~l
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• NOTARYPUBUC-MINNESOTA
HENNEPIN COUNTY i
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•' My Commission Expiras Jan. 31, 2000
The foregoing instrument was acknowledged before me this 1~~"
day of .~'~.~-yam ~~ ~r'" 1999, by r1CZ.~ ~ ~ ~,~ ~ ~ u 1,~~,~ as
Manager of Albertville Factory Outlets, LLC, a Michigan Limited Li bility
Company.
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a Fa~sE Notary Public
NOlary Pt~lk;, Muskegon County, MI
M!-~i0rt Expires March 18, 2002
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This Agreement drafted by:
Couri & MacArthur Law Office
P.O. Box 369
St. Michael, MN 55376
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