2008-02-03 Draft Amendment to CUP
Draft Dated February 3, 2008
CITY OF ALBERTVILLE
AMENDMENT TO CONDITIONAL USE/
PLANNED UNIT DEVELOPMENT AGREEMENT
KARSTON COVE THIRD ADDITION
WHEREAS, the City of Albertville ("City"), a municipal corporation organized
under the laws of the State of Minnesota, and Woodside Karston Cove, LLC "Developer,"
a Minnesota Limited Liability Company, entered into an Agreement titled "Conditional
UseIPlanned Unit Development Agreement Karston Cove Third Addition" ("Developer's
Agreement") dated September 30, 2004 and recorded as document number 942285 at the
Wright County Recorder's Office, Wright County, Minnesota; and
WHEREAS, Developer seeks to extend the completion dates for the municipal
and on- and off-site improvements in the original agreement; and
WHEREAS, City is willing to extend the completion dates if Developer extends
the Letter of Credit from the Developer's Agreement and agrees to complete paving and
repair to private streets north of 64th Street by July 31, 2009;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set forth,
as follows:
1. Municipal Improvements. Paragraph 2B of the Developer's Agreement IS
modified to read as follows:
"The Developer shall construct those Municipal Improvements located on
Said Plat as detailed in the Plans and Specifications for Karston Cove Third
Addition, as prepared by Meyer-Rohlin, Inc. and dated July 27,2004 and on
file with the City Clerk, said improvements to include installation of water
mains, sanitary and storm sewers, storm water ponding and site grading. All
such improvements shall be constructed according to the standards adopted
by the City, along with all items required by the City Engineer. Unless the
City Engineer specifies a later date, said improvements shall be installed by
October 31, 2010."
2. On- and Off-Site Improvements. Paragraph 3A of the Developer's Agreement
is modified to read as follows:
"Developer shall construct all on- and off-site improvements including
installation of street signs, traffic signs, yard top soil, sod and seed in all
yards, grading control per lot, bituminous or concrete driveways and parking
lots, drainage swales, berming, and like items as necessary, street cleanup
during project development, and erosion control, all as required by City
ordinance. Front, side and portions of the back yards of residential lots shall
be sodded in accordance with the Residential Development Standards as on
file with the City Administrator's Office. Those portions of the yards not
required to be sodded may be seeded with grass seed or sodded. In all cases
permanent turf or grass must be established over all areas of the lot not
covered by a hard or impervious surface. The Developer shall guarantee that
all new plantings shall survive for two full years from the time the planting
has been completed or will be replaced at the expense of the Developer.
Said on- and off-site improvements shall be installed no later than October
31, 2010 with the exception of erosion control, drainage swales and berming,
which shall be installed upon initial grading of Said Plat."
3. Private Streets. Paragraph IH of the Developer's Agreement is modified to read
as follows:
"All roads located within Said Plat, except 64th Street NE, shall be private
streets which shall be owned and maintained by the Homeowners
Association in perpetuity. Developer shall complete the paving of and all
necessary repair to the private streets north of 64th Street by July 31,2009.
All paving and repairs shall be to the satisfaction of the City engineer."
4. Developer's Agreement. Except as specifically altered by this Amendment, the
terms of the Developer's Agreement shall remain in full force and effect for the
properties in Karston Cove Third Addition.
Dated:
,2009.
CITY OF ALBERTVILLE,
By
R~K~~L
Its Mayor
I i
BL~W'fl. Vl!Jt'-.-
Its Cle
WOODSIDE KARSTON COVE, LLC
~t~~-
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
qJ..
~ The foregoing instrument was acknowledged before me this (, day of
, 2009, by Ron Klecker, as Mayor t City of Albertville, a
~uniCiPal corporation, on behalf of ilie city a p uant ro ilie auiliority of ilie
City Council.
STATEOFMINNESOTA )
) ss.
COUNTY OF WRIGHT )
foregoing instrument was acknowledged before me this ~ ~ day of
2009, by Bridget Miller, as Clerk~ ..of~the Ci of Albertville, a
. cipal corporation, on behalf of the city~d purs to the autho. of the
/'
Tracey Nubbe
Notary Public
Minnesota
My Commission Expires JlIllI8fy 31. 2012
Tracey Nubbe
Notary PublIc
Minnesota
My Commission Expires ... 31, 2012
STATE OF (VrtJNf.SOIA. )
Il ) ss.
COUNTY OF tiN D ~-A )
.Il/J The foregoing instrument was acknow~ed before me this J q 111
m ' 2009, by -UALf~ R. vJU.-L-5
.6 i J:::>e~ ofW oodslde Karston Cove, LLC.
~..} ~=
~A >--
.- Notary Publ
day of
as
..U DAVID STEWART PAnSERG
NOTARY PUBLIC
MINNESOTA
· My CommIssion Expires Jan. 31, 2010
DRAFfEDBY:
Couri, MacArthur & Ruppe, P .L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763) 497-1930