2008-12-28 DA Amendment
'Also licensed in Illinois
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)
www.courimacarthur.com
Kyle R. Hartnett
Sarah E. Schwarzhoff
Michael C. Couri-
Andrew J. MacArthur
Robert T. Ruppe--
"Also licensed in California
December 23,2008
Ms. Bridget Miller
Clerk, City of Albertville
Albertville City Hall
P.O. Box 9
Albertville, MN 55301
Re: City of Albertville; LaBeaux Station Developer's Agreement
Amendment.
Dear Bridget:
Please find enclosed the LaBeaux Station Developer's Agreement Amendment as
executed by the Developer. Can you and the Mayor please sign this Agreement and
return to me? I will then record it. Thank you.
;;:;yc~
Michael C. Couri
Couri, MacArthur & Ruppe, P.L.L.P.
Enclosure
CITY OF ALBERTVILLE
AMENDMENT TO MASTER PLAN UNIT
DEVELOPMENT AGREEMENT/CONDITIONAL USE
AGREEMENT - LABEAUX STATION
WHEREAS, the City of Albertville ("City"), a municipal corporation organized
under the laws of the State of Minnesota, and Cascade II Land Co., LLC. ("Developer"),
a limited liability corporation under the laws of the State of Minnesota entered into an
Agreement titled "Master Planned Unit Development Agreement/Conditional Use
Agreement LaBeaux Station" ("Developer's Agreement") dated March 1, 2006 and
recorded as document number 1007834 at the Wright County Recorder's Office, Wright
County, Minnesota; and
WHEREAS, Developer seeks to modify the sidewalk and landscaping
requirements of the original agreement;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set forth,
as follows:
1. Sidewalks. Developer must install all sidewalks as indicated in the original
Developer's Agreement. However, the completion dates in the Developer's
Agreement for said sidewalks contained in paragraph 2A is hereby modifi~d as
follows: all sidewalks must be completed upon the earlier of: 1) prior to an
occupancy permit being issued for any building on the Subject Property; or 2)
within 60 days of direction to install sidewalks as may be issued by the Albertville
City Council, or as soon thereafter as weather conditions permit if the City
Engineer determines that it is not practical to install such sidewalks within 60
days due to adverse weather conditions.
2. Letter of Credit. Paragraph 6A of the Developer's Agreement is modified to
read as follows:
"Developer will provide the City with an irrevocable letter of credit (or other
surety as approved by the City Attorney) as security that the obligations of
the Developer under this contract shall be performed. Said letter of credit or
surety shall be in the amount of$211,000.00 representing the sum of 100%
of the estimated cost of the Municipal Improvements. Said letter of credit or
surety must meet the approval of the City attorney as to form and issuing
bank. "
3. Landscaping. Paragraph 1M of the Developer's Agreement is modified to read
as follows:
"Trees, shrubs, berms and screening are to be planted and installed as shown
on the landscape plan attached as Exhibit C. The Developer shall guarantee
that all new trees shall survive for two full years from the time the planting
has been completed or will be replaced at the expense of the Developer.
Developer shall not plant any fruit bearing trees within the landscaped
islands. Each lot owner will be required to post a cash escrow with the City
prior to the issuance of a building permit for such lot. The escrow shall cover
the estimated cost to purchase and install landscaping for that lot and the
escrow shall remain with the City for the full two year guarantee period."
4. Developer's Agreement. Except as specifically altered by this Addendum, the
terms of the Developer's Agreement shall remain in full force and effect for the
properties in LaBeaux Station.
CITY OF ALBERTVILLE,
By9G,-<- K~/!-
Its Mayor
By
~.~
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this d 9 1b day of
D '~N^-. , 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
I'1)~":i.,..<\ :-;:,,"~~,;, 'I"''': LA"N'J'''Eo''s;~t'',~
~,.~,,__-, lll'f,.-._ ',) ...)t~ 1'0;. ~
~, '';..~-i} ,\, " h'i'L1C'MINNESOTAi,,:
,',,"~ 31, 2009 ~
~:,.:\,,-~~~~ . -~ "j} ,,- <~~
~~ da~ ~IUA-
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ~ q ~ day of
D~ , 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
, th~t;::{-fl1/:>
" ,',St:. U..JNES I~
,
fleIC.MiNNESOTA
."" ,b.. '31,2009 .
, -:'/'~'~,~.//\
kq d'oU-U.i<. c~ rv-a-
Notary Public
/:','_;~/i-
(i. 'Ac~~'f _> ;-~_
(il !}~~Y" "';"]~,
!({~/'i ,;c:'
$ "~-'~'~ --~:': ~\-'>
"i:'~!~'~"';'~~:i;_j- - ~ . ~
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
^ The foregoing instrument w
lJe..e {yxi}f-Y , 2008, by
Cascade II Land Co., LLC.
acknowW9ged b<?fore me tW~, J/<d day of
I/,d.h..... ChlLi5t as Ch,d M~-'l/!;Y of
SANDY L. SCHNEIDER
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan. 31, 2013
~
DRAFTED BY:
Couri, MacArthur & Ruppe, P.L.L.P.
P.O. Box 369
705 Central Avenue East
81. Michael, MN 55376
(763) 497-1930