2004-06-17 First Amendment to the Master PUD Agreement
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..Also licensed in California
COURl, 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)
couriandmacarthur@pobox.com
Michael C. Couri.
Andrew J. MacArthur
Robert T. Ruppe..
David R. Wendorf
. Also licensed in fllinois
June 17,2004
Contractor Property Developers Company
Attn: Homer Tompkins, President
3030 Centre Pointe Drive, Suite 800
Roseville, MN 55113
Re: City of Albertville; First Amendment to the Master Planned Unit Development
Agreement; Towne Lakes Third Addition
Dear Mr. Tompkins:
Enclosed please find the First Amendment to the Master Planned Unit Development
Agreement for Towne Lakes Third Addition that you requested. Please sign where
indicated and have your signature notarized. Return the signed document to our office as
soon as possible. Once we receive the document we will have the City execute the
amendment and record it with Wright County.
If you have any questions or comments feel free to contact me
Sincerely,
~--
David R. Wendorf
Couri, MacArthur & Ruppe P.L.L.P.
Cc. City of Albertville.
CITY OF ALBERTVILLE
FIRST AMENDMENT TO THE
MASTER PLANNED UNIT DEVELOPMENT AGREEMENT
TOWNE LAKES TIDRD ADDITION
THIS AGREEMENT, entered into this day of ,2004 by
and between Contractor Property Developers Company, collectively 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 entered into an agreement titled City Of
Albertville Master Planned Unit Development Agreement Towne Lakes Third
Addition ("Master Agreement"), dated October 3, 2003 and recorded in the office
of the Wright County Recorder, Wright County, Minnesota, as document number
894487; and
WHEREAS, Developer and City desire to amend the Master Agreement
relating to the construction and operation of a parking lot related to the swimming
pool required to be constructed under the Master Agreement; 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. Intent of the Parties. It is the intent of the parties that this Amended
Developer's Agreement ("Amended Developer's Agreement") and the Master
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Agreement be read together to determine the rights and obligations of the parties
with respect to the property contained within the Towne Lakes Third Addition
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 ofParae:raph 1.B.!. of Master Ae:reement. Paragraph I.B.I. of
the Master Agreement is hereby restated and amended to read as follows:
I.B.I. Except as to the parking lot and ponding provided in this subparagraph,
Outlot A shall be a permanent open space and shall be deeded to the
Homeowners' Association referred to in paragraph I.BO of this Agreement as
a park. Further, the City shall be granted a Shoreline Conservation Easement
over Outlot A and portions of Lot 1, Lot 2, and Lot 3, Block 3 of Said Plat.
Said Shoreline Conservation Easement shall be as shown on attached Ex. H.
Developer shall construct a parking lot on Outlot A as shown on the attached
Exhibit Q, subject to the following restrictions:
1. The Homeowners Association shall own and maintain the
parking lot in good condition.
11. The parking lot shall not be used for any outdoor sales or
storage.
lll. No signage or advertising shall be located within the parking
lot.
IV. Concrete curb and gutter shall be installed with the parking lot.
v. The storm sewer for the parking lot shall drain to a water
quality pond or an existing storm sewer prior to discharging
into a wetland.
VI. Grading and drainage shall be approved by the City Engineer
prior to construction of the parking lot.
3. Ae:reement Effect. This Agreement shall be binding upon and extend to the
representatives, heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
By
Its Mayor
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By
Its Clerk
CONTRACTOR PROPERTY
DEVELOPERS COMPANY
By
Homer H. Tompkins III
Its President
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 2004, by Donald 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
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 2004, 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
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. "
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 2004, by Homer H. Tompkins III, as President of
Contractor Property Developers Company.
Notary Public
DRAFTED BY:
Couri and MacArthur Law Office
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(612)497-1930
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