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2005-07-11 Assignment of Development Agreeement WOODSIDE COMMUNITIES ~ OF MINNESOTA INC ~~ .I~ ~~ I." ..~~\ <~ '<,1 <(IPS July 11, 2005 City of Albertville Attn: Larry Kruse 5967 Main Ave NE PO Box 9 Albertville, MN 55301 Re: Assignment of Development Agreement Dear Mr. Kruse: Woodside Karston Cove, LLC formally requests the City Council to consent to the assignment of the Development Agreement dated September 30, 2004 to Albertville Limited Partners, LLC. Assignment of the Development Agreement requires only written consent of the City Council. Assignment is restricted only when the Assignor is in default under the Development Agreement. We are not aware of any condition and no other condition exists to prevent assignment. From previous discussions with city staff, it has come to our attention that the City intends to add conditions to the Development Agreement. Of major concern is any restriction that the City would attempt to place on the ability of the Assignee to sell townhouses. Such restrictions are considered an illegal taking of property and could not be included as part of the assignment. If the city staff has a different opinion we request to receive a formal copy of the legal interpretation of the proposed restrictions. Time is of the essence in this assignment and we would appreciate a prompt response to our request. ~ncerelh-J);. '..J--. ~. " ~/~~ . ~.~be~ . Woodside Karston Cove, LLC 5301 East River Road, Suite 110 . Mpls, MN 55421 tel: 763.757.4052 fax: 763.757.4094 www.woodsideminnesota.com ,~Ug. 2. 2005 12:58PM r~o,0744 P,l WOOP~IDE <;::qMMUN~TIES4 OF M1NNESOTA INC Pa:J( ewer Slieet ([)ate: 1>/ ?-~s .".. . .. '-."- <to.' ~ jc:.(Z.~ Com~n:t. {!,'''''1 ~.. AI.-~-rv '.tV- Pa..t iF: (7&3) ~q I - 3? 1 D .... . .. .... .prom: D~J L.Ct ?~ tJ'ota{CPaoes: 1- (including cover sheet) P'a.t., #: (763) 757-4094 _~Iicne #: (763 ~ -I !:fa ) ~~ .." ..... ?'~~. _........_--~ ...-"." Il;\}"axBlank .doc 11 U ' U ! If'l- I"' . WOODSIDE COMMUNITIES ~4\.. OF MINNESOTA INC August 2. 2005 c~ City of AlbertvilJe Attn: Larry .Kruse 5967 Main Avenue NE PO Box 9 Albertville, MN 55301 Re,: Assignment ()( Development Agreement Dear Mr Kruse: .Based on our conversations yesterday, I am writing to confirm that OUr assignment of the Karston Cove Development Agreement will be on lhe August 15th City Council Agenda.. Please acknowledge that we will be on t,tIe August 15th agenda. If the city has any concerns or questions regal'ding the assignment, please contact me as Soon a.~ possible. Sincerely, _0 ~ -r::::>VL~ ~ ~ ~toe)..g Woodside Karston Cove, lLC 763-772-1017 'I ';' ,", 'i~'" ( . '. ,,', u',. _I. :""":, , ,/..". 5101 ~3St Riv~r Road, Sull~ 110 . 141)1:;. MN 55421 ~_l. .....'" ...... ......... ....,.. .....'" ........ .......~ WOODSIDE COMMUNITIES ~ OF MINNESOTA INC ~~ 4'1;. ~~./J.; v'd" ~^ v~ V August 2, 2005 City of Albertville Attn: Larry Kruse 5967 Main Avenue NE PO Box 9 Albertville, MN 55301 Re: Assignment of Development Agreement Dear Mr. Kruse: Based on our conversations yesterday, I am writing to confirm that our assignment of the Karston Cove Development Agreement will be on the August 15th City Council Agenda. Please acknowledge that we will be on the August 15th agenda. If the city has any concerns or questions regarding the assignment, please contact soon as possible. Tee;;, Q._~ ~d~ ===- Woodside Karston Cove, LLC 763-772-1017 5301 East River Road, Suite 110 . Mpls, MN 55421 tel: 763.757.4052 fax: 763.757.4094 www.woodsideminnesota.com WOODSIDE COMMUNITIES ~ OF MINNESOTA INC "0 ./~ ~~ I .. .)0...\ <~ 'Q ('(JPS July 11, 2005 City of Albertville Attn: Larry Kruse 5967 Main Ave NE PO Box 9 Albertville, MN 55301 Re: Assignment of Development Agreement Dear Mr. Kruse: Woodside Karston Cove, LLC formally requests the City Council to consent to the assignment of the Development Agreement dated September 30, 2004 to Albertville Limited Partners, LLC. Assignment of the Development Agreement requires only written consent of the City Council. Assignment is restricted only when the Assignor is in default under the Development Agreement. We are not aware of any condition and no other condition exists to prevent assignment. From previous discussions with city staff, it has come to our attention that the City intends to add conditions to the Development Agreement. Of major concern is .any restriction that the City would attempt to place on the ability of the Assignee to. sell townhouses. Such restrictions are considered an illegal taking of property and.cQuld not be included as part of the assignment. If the.citystaff has a different opinion we. request to receive a formal copy of the legal interpretation of the proposed restrictions. Time is of the essence in this assignmelltand we wot.1idappreciate a our request. ~in.c erel..~);.. . .... 11.. .J..~. " " 'V;lt(1If; . ~.~~th' .' Woodside Karston Cove,LLC 5301 East River Road, Suite 110 . Mpls, MN 55421 tel: 763,757.4052 fax: 763,757.4094 www.woodsideminnesota.com - - - - ~ -- -- - - - ~ -- - - ~ - -- -- --