2005-04-27 First Amendment to the Master PUD Agreeemnt
"AIso licensed in Illinois
""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)
courimacarthur@earthlink.net
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David R. Wendorf <~ ?'.. ~^
Kristen H. Carr <~ V
Alison K. Marwitz
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Michael C. Cour;.
Andrew J. MacArthur
Robert T. Ruppe""
April 27, 2005
Wright County Recorder's Office
Wright County Government Center
10 N.W. 2nd Street
Buffalo, MN 55313
Re: City of Albertville - Towne Lakes Third Addition
Dear County Recorder:
Enclosed for recording please fmd a First Amendment to the Master Planned Unit
Development Agreement for Towne Lakes Third Addition. Please record this document
at your earliest convenience and return the same to me in the enclosed self-addressed,
stamped envelope. I am including a check in the amount of $20.00 for your recording
fee.
If you have any questions, please do not hesitate to call. Thank you.
Sincerely,
~ 1)a!J;t
Kathleen Bost
Couri, MacArthur & Ruppe, P.L.L.P.
Enclosures
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CITY OF ALBERTVILLE
F~TAMENDMENTTOTHE
MASTER PLANNED UNIT DEVELOPMENT AGREEMENT
TOWNE LAKES TIDRD ADDITION
THIS AGREEMENT, entered into this 10 day of 121 ,2004 by
and between Contractor Property Developers Company, coll~ed 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 ofPara2:raph I.B.I. of Master A2: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.
111. 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. 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,
By/j;4,< (1 ~.
Its Mayor
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Its erk
CONTRACTOR PROPERTY
DEVELOPERS COMPANY
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Homer H. Tompkins III
Its President
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this :2 0 th-
day of JU~ ' 2004, by Donald Peterson as Mayor of the City of
Albertville, a mnesota munIcIpal corporation, on behalf of the CIty and pursuant to
the authority of the City Council.
f \i) NOT~:~~:~ :'~~i.r.
I '!S.._~ My Comm. Exp. Jan. 31, 2005
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Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ;2..0ih
day of ~ U ~ ' 2004, 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.
~-tblun ~td;t
Notary Public
t-"~
i Je, KATHLEEN BaST
."..~,.~..~J) NOTARY PUBLIC. MINNESOTA
t ''J.:~ My Comm. Exp. Jan. 31, 2005
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STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this C;j m
day of .jU.NE , 2004, by Homer H. Tompkins III, as President of
Contractor Property Developers compan~J0. -& ~ f)
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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