2005-11-22 Amendment Request to PUD Prelim Plat Approval
November 22, 2005
58 10TH AVENUE SOUTH
WAITE PARK, MN56387
PHONE: (320) 253-0003
FAX: (320) 253-0006
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GRANITE CITY REAL ESTATE
City of Albertville
Attention: Larry Kruse
5975 Main Avenue
P.O. Box 9
Albertville, MN 55301
RE: Shoppes at Towne Lakes II
Dear Mr. Kruse:
The Ownership Group (The Group) of The Shoppes at Towne Lakes II has authorized me
to send you this letter requesting an amendment to the PUD/PreliminaryPlat Approval
that was issued on November 7,2005 for the Shoppes at Towne Lakes II. The Group has
asked that the approval be amended to remove the restriction on drive-thru lanes.
The Shoppes of Towne Lakes Phase twas originally approved with a convenience food
site and adrive-thru. Upon discussions with a Bank user the PUD was amended (please
fmd amendment attached) to swap the site from a convenience food to a bank.
This amendment was negotiated in good faith with the City Staff and approved by the
City Council in the Spring of2005. As part of this agreementthe City asked for two
restaurant sites in the second phase of the development. The Group agreed and provided
the two restaurant sites in its plan. There were no restrictions on the drive through lanes
included in this amendment. The convenience food site was simply transferred from
phase one to phase two and The Group agreed to add another "sit down" restaurant of at
least 8,000 square feet. This agreement only requires the convenience food restaurant to
be at least 4,000 square feet and a permitted use under the City's B-2A zoning district.
The Group would argue that to restrict the drive-thru lane on the 4,000 square foot
restaurant in Phase II will damage the marketability of that lot and severely impact its
value. Additionally, the use is compliant with the B-2A zoning and should be allowed as
agreed to in the PUD Amendment. Finally, the City will have opportunity during the site
review process to ensure that any convenience restaurant proposed meets with the City's
satisfaction as to. appearance and construction. . Therefore, The Group would respectfully
request the restriction on drive-thru be removed in Phase II of the Shoppes at Towne
Lakes at the next available council meeting.
Sincerely,
Cju/~
Granite City Real Estate
Daniel F. Tempel
President
CC: Al Keller, Wendell Timmers, Al Brixius, Mike Couri
CITY OF ALBERTVILLE
FIRST AMENDMENT TO THE
MASTER PLANNED UNIT DEVELOPMENT I
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., Allen R. Keller and Julie A. Keller,
husband and wife, Ted R. Klein and Jane E. Geers-Klein, husband and wife, Wendell
D. Timmer and Carla J. Timmer, husband and wife, Stephen R. Upgren and
Kathleen A. Upgren, husband and wife, and Lionel D. Kull and Debra J. Kull,
husband and wife, all collectively referred to herein as "Developer"; and the CITY
OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to
as "City";
WITNESSETH:
WHEREAS, Contractor Property Developers Company 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 February 3, 2004 and recorded in the office of the Wright
County Recorder, Wright County, Minnesota, as document 896395; and
WHEREAS, Contractor Property Developers Company has previously
platted Outlot D of Towne Lakes 5th Addition as recorded in the office of the Wright
County Recorder, Wright County, Minnesota; and
WHEREAS, Contractor Property Developers Company has conveyed Lot 1,
Block 1, Shoppes at Towne Lakes One as recorded in the office of the Wright
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County Recorder, Wright County, Minnesota, to Manchester Group II, LLC and
Granite City Innovative Builders, Inc. as tenants in common, but Contractor
Property Developers Company has not been released by the City from its
obligations in relation to said Lot 1 Block 1 under the Master Agreement; and
WHEREAS, Contractor Property Developers Company has conveyed said
Outlot D, Towne Lakes 5th Addition, to Allen R. Keller and Julie A. Keller, husband
and wife, Ted R. Klein and Jane E. Geers-Klein, husband and wife, Wendell D.
Timmer and Carla J. Timmer, husband and wife, Stephen R. Upgren and Kathleen
A. Upgren, husband and wife, and Lionel D. Kull and Debra J. Kull, husband and
wife, as tenants in common; 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 said
Lot 1, Block 1, Shoppes at Towne Lakes One and intend to restrict the future use of
said Outlot D, Towne Lakes 5th Addition upon its platting as numbered lots and
blocks; and
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.;
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 all of the parties to this agreement 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 ofPara3raph 1.1(. of Master A2reement. Paragraph K. of the
Master Agreement is hereby restated and amended to read as follows:
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K. The uses on Lot 1 of Said Plat shall be limited to a bank permitted under
the City's B-2A zoning ordinance.
3. Addition ofParae:raph 1.W. of the Master Ae:reement. The
paragraph 1.W. is hereby inserted into said Master Agreement:
following
1.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, the building constructed on
such lot shall be at least 8,000 square feet in size, such lot must
accommodate all parking requirements per the City's ordinance
for the use in said building, and the use of such lot shall be
restricted to a "sit-down" restaurant otherwise permitted in the
City's B-2A zoning district. For 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 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. The building constructed on this lot shall
not be permitted to have a drive-up window where customers
can order or pickup food from their cars.
111. The other of such lots shall be of sufficient size to support a
building of at least 4,000 square feet in size, the building
constructed on such lot shall be at least 4,000 square feet in
size, and the use of such lot shall be restricted 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 (Le. 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.
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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. A2reement 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
J. Michael Waldo
Its Vice-President
MANCHESTER GROUP II, LLC
By
Its:
GRANITE CITY INNOVATIVE BUILDERS, INC.
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By
Its:
ALLEN R. KELLER AND JULIE A. KELLER
Allen R. Keller
Julie A. Keller
TED R. KLEIN AND JANE E. GEERS-KLEIN,
Ted R. Klein
Jane E. Geers-Klein
WENDELLD. TIMMERANDCARLAJ. TIMMER
Wendell D. Timmer
Carla J. Timmer
STEPHEN R. UPGREN AND
KATHLEEN A. UPGREN
Stephen R. Upgren
Kathleen A. Upgren
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LIONEL D. KULL AND DEBRA 1. KULL
Lionel D. Kull
Debra J. Kull
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.
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF
)
6
The foregoing instrument was acknowledged before me this
day of , 2005, by 1. Michael Waldo, as Vice-President of
Contractor Property Developers Company.
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF
)
The foregoing instrument was acknowledged before me this
day of 2005, by
of Manchester Group II, LLC.
as
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF
)
The foregoing instrument was acknowledged before me this
day of , 2005, by
of Granite City Innovative Builders, Inc.
as
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF
)
The foregoing instrument was acknowledged before me this
day of , 2005, by Allen R. Keller and Julie A. Keller, husband
and wife.
7
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF
)
The foregoing instrument was acknowledged before me this
day of , 2005, by Ted R. Klein and Jane E. Geers-Klein, husband
and wife.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF
)
The foregoing instrument was acknowledged before me this
day of , 2005, by Wendell D. Timmer and Carla J. Timmer,
husband and wife.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF
)
The foregoing instrument was acknowledged before me this
day of , 2005, by Stephen R. Upgren and Kathleen A. Upgren,
husband and wife.
8
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF
)
The foregoing instrument was acknowledged before me this
day of ,2005, by Lionel D. Kull and Debra J. Kull, husband and
wife.
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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