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1997 Amendment CUP/DAAMENDMENT TO DON'S BUS GARAGE CONDITIONAL USE PERMIT PLANNED UNIT DEVELOPMENT AGREEMENT WHEREAS, and Donald and Betty Barthel (collectively, "Developer") has entered into an agreement with the City of Albertville ("City") titled "Don's Bus Garage Conditional Use Permit Planned Unit Development Agreement" ("Developer's Agreement") dated , 1997 and recorded in the Wright County Recorder's Office as document number ;and WHEREAS, the Developer's Agreement limited the permitted uses on Lot 1, Block 1, Barthel Commercial Park, Wright County, Minnesota ("Property"); and WHEREAS, Developer wishes to modify the permitted uses on the Property to include car rentals; NOW, THEREFORE, the City and Developer agree as follows: Paragraph 3 of the Developer's Agreement is hereby modified to read as follows: Developer agrees that it shall use the Subject Property for the operation of a bus garage. Developer may also use the Property for a car rental business concurrently with the bus garage use, provided the car rental business occupies no more than 12 parking spaces at any given time. No car sales activities shall be allowed on the Property. Developer agrees that the use of said Property shall be strictly limited to the uses described herein unless otherwise agreed by the City and Developer. 2. Subparagraph e is hereby added to paragraph 7 of the Developer's Agreem~nt, to read as follows: i Developer shall stripe the parking lot in such a manner that will indic~te a minimum of 65 parking stalls exist on the Property, all such parking Malls to be in conformance with the City's ordinance requirements. / ~~ 3. The Developer's Agreement shall remain unchanged in all other respects. Dated: December , 2002 CITY OF ALBERTVILLE 1 By: Scott Wallace, Mayor s By: - Linda Goeb, City Clerk/Administrator DONALD BARTHEL BETTY BARTHEL STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledge before me this day of 2002, by Scott Wallace, 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 STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledge before me this day of 2002, by Linda Goeb, 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 acknowledge before me this ~ day of 2002, by Mr. Donald Barthel, personally. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledge before me this ~ day of 2002, by Mrs. Betty Barthel, personally. Notary Public DRAFTED BY: Couri & MacArthur Law Office PO Box 369 St. Michael, MN 55376