2005-04-14 Revisions to First Amendment
.Also licensed in Illinois
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
David R. Wendorf
Kristen H. Carr
Alison K. Marwitz
Michael C. Couri.
Andrew J. MacArthur
Robert T. Ruppe..
"Also licensed in California
April 14,2005
Don Peterson, Mayor
11252 53rd Street NE
Albertville, MN 55301
Tom Fay, Council Member
10795 70th Street NE
Albertville, MN 55301
John Vetsch, Council Member
5618 Large Avenue
Albertville, MN 55301
LeRoy Berning, Council Member
10514 Karston Avenue NE
Albertville, MN 55301
Ron Klecker, Council Member
5524 Kalland Avenue NE
Albertville, MN 55301
Re: City of Albertville; Shoppes at Towne Lakes One.
Dear Council Members:
Today I received the Developer's comments ~n the First Amendment To The
Master Planned Unit Development/Conditional Use Agreement for Shoppes At Town
Lakes One (the agreement that swaps out the fast food use for a bank and requires that
two other restaurant uses be established in the next phase of Shoppes at Towne Lakes).
At the request of the Developer, I have added the two current owners of the
property and have changed the allowable percent of sales which can be carry out from
10% to 15%. The remainder of the document is unchanged.
Because the Developer's changes were minor, I have incorporated them into the
agreement and am enclosing a revised copy of the agreement for your review as I
understand that the agenda packets have already been mailed out. Thank you.
~/C~
Michael C. Couri
Couri, MacArthur & Ruppe, P.L.L.P.
Enclosure
CITY OF ALBERTVILLE
FIRST AMENDMENT TO THE
MASTER PLANNED UNIT DEVELOPMENT /
CONDITIONAL USE AGREEMENT
SHOPPES AT TOWN LAKES ONE
THIS AGREEMENT, entered into this day of , 2005 by
and between Contractor Property Developers Company, Manchester Group II, LLC
and Granite City Innovative Builders, Inc., 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 Conditional Use Agreement
Shoppes At Town Lakes One ("Master Agreement"), dated ,2005 and
recorded in the office of the Wright County Recorder, Wright County, Minnesota,
as document ; and
WHEREAS, Developer and City desire to amend the Master Agreement
relating to the construction and operation of restaurant required to be constructed
under the Master Agreement; and
WHEREAS, Developer and City intend to modify the uses allowed on Lot 1,
Block 1, Shoppes at Towne Lakes One and intend to restrict the future use of real
property described on the attached Exhibit A upon its platting as numbered lots and
blocks; and
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WHEREAS, Contractor Property Developers Company as original signatory
to the Master Agreement has since transferred said Lot 1, Block 1 to Manchester
Group II, LLC and Granite City Innovative Builders, Inc., but has not been
released by the City from its obligations in relation to said Lot 1 Block 1 under the
Master 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. Intent of the Parties. It is the intent of the parties that. this Amended
Developer's Agreement ("Amended Developer's Agreement") and the Master
Agreement be read together to determine the rights and obligations of the parties
with respect to the property contained within the Shoppes at Town Lakes One
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 t.K. of Master Ae:reement. Paragraph K. of the
Master Agreement is hereby restated and amended to read as follows:
K. The uses on Lot I of Said Plat shall be limited to a b~mk permitted under
the City's B-2A zoning ordinance.
3. Addition ofParae:raph t.W. of the Master Ae:reement. The
paragraph I.W. is hereby inserted into said Master Agreement:
following
I.W. Developer agrees to restrict the use of two future lots to be platted from
Outlot D, Towne Lakes 5th Addition, according to the plat of record in the office of
the Wright County Recorder, Wright County, Minnesota, ("Outlot D") as follows:
1. At such time as Developer replats any portion of Outlot D into
numbered lots and blocks, the Developer shall plat at least two
lots which shall be limited in use as specified in this paragraph
l.W.
11. One of such lots shall be of sufficient size to support a building
of at least 8,000 square feet in size and shall be restricted in use
a "sit-down" restaurant otherwise permitted in the City's B-2A
zoning district. F or purposes of this Agreement, a "sit down"
restaurant means a restaurant in which customers seated at
individual tables order and are served food by waiters and/or
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waitresses and no more than a total of 15% of food sales are
pick-up, delivery, and carry-out orders which are eaten at off-
premise locations.
111. The other of such lots shall be of sufficient size to support a
building of at least 4,000 square feet in size and shall be
restricted in use to a restaurant permitted in the City's B-2A
zoning district.
IV. The restaurant buildings referred to on said lots shall be free
standing, single use buildings (i.e. each building shall be
occupied by no more than one restaurant at any given time).
v. The exact locations and configurations of such lots and the
restaurant buildings on Outlot D are subject to approval by City
Council.
4. Consent of Contractor Property Developers Company. Contractor Property
Developers Company, as signatory to the Master Agreement, consents to the
modification of the Master Agreement as contained herein.
5. 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
By
Its Clerk
CONTRACTOR PROPERTY
DEVELOPERS COMPANY
By
Homer H. Tompkins III
Its President
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MANCHESTER GROUP II, LLC
By
Its:
GRANITE CITY INNOVATIVE BUILDERS, INC.
By
Its:
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 2005, 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 , 2005, 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.
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Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 2005, by Homer H. Tompkins III, as President of
Contractor Property Developers Company.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 2005, by
of Manchester Group II, LLC.
as
Notary Public
ST ATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 2005, by
of Granite City Innovative Builders, Inc.
as
Notary Public
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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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