2008-07-30 Proposed Amendment
Michael C. Couri.
Andrew J. MacArthur
Robert T. Ruppe..
COURI, MACARTHUR &
RUPPE, P.L.L.P.
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376-0369
(763) 497-1930
(763) 497-2599 (FAX)
w~.courimacarthur.com
.Also licensed in Illinois
..Also licensed in California
July 30, 2008
Linda H. Fisher
Larkin Hoffman Daly & Lindgren Ltd.
1500 Wells Fargo Plaza
7900 Xerxes Avenue South .
Minneapolis, Minnesota 55431
~~
Kyle R. Hartnet;'~ O~
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Re: City of Albertville; Albertville Marketplace/Morris Property.
Dear Linda:
Please find enclosed a proposed amendment to the Developer's Agreement for
Albertville Marketplace. The amendment simply substitutes the a new building plan for
the building plan contained in the original Developer's Agreement for Lot 4, Block 1.
All other aspects of the original developer's agreement remain unchanged. Please review
and let me know if the amendment is acceptable. Thank you.
;:y(~
Michael C. Couri
Couri, MacArthur & Ruppe, P.L.L.P.
Enclosure
Cc: Larry Kruse w/enclosure
Adam Nafstad w/enclosure
Al Brixius w/enclosure
CITY OF ALBERTVILLE
AMENDMENT PLANNED UNIT DEVELOPMENT/
CONDITIONAL USE AGREEMENT
ALBERTVILLE~TPLACE
THIS AGREEMENT, entered into this _ day of , 2007 by and
between Albertville Marketplace, LLC, a Minnesota Limited Liability Company,
referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of
Wright, State of Minnesota, hereinafter referred to as "City";
WITNESSETH:
WHEREAS, Developer and the City have previously entered to a
Developer's Agreement for the planned unit development on file as document
number 1065358 at the Wright County Recorders Office, Minnesota ("Development
Agreement"); and
WHEREAS, Developer has requested to reconfigure the building on Lot 4,
Block 1 of the plat of Albertville Marketplace from that originally approved by the
City; and
- WHEREAS, reconfiguring said building requires an amendment to the
Development Agreement; and
WHEREAS, this Agreement is entered into for the purpose of setting forth
and memorializing for the parties and subsequent owners, the changes concerning
the Development and the conditions imposed thereon; and
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set
forth, as follows:
1
1. Exhibit C (Site Plan and Building Elevations) of the Development Agreement
pertaining to Lot 4, Block 1 of the plat of Albertville Marketplace shall be
supplemented with Exhibit A of this Agreement. To the extent that Exhibit A
of this Agreement is inconsistent with that portion of Exhibit C of the
Development Agreement which pertains to said Lot 4, Exhibit A of this
Agreement shall govern.
2. All other provisions of the Development Agreement shall remain in full force
and effect.
CITY OF ALBERTVILLE
By
Its Mayor
By
Its Clerk
ALBERTVILLE MARKETPLACE, LLC
By
Its Chief Manager
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 2008, by Ron Klecker 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
2
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 2008 by Bridget Miller, as Clerk 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 , 2008, by Philip A. Morris as Chief Manager of Albertville
Marketplace, LLC.
Notary Public
DRAFTED BY:
Couri, MacArthur & Ruppe Law
Office
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763)497-1930
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