2009-01-13 Amendment to PUD/CUP
CITY OF ALBERTVILLE
AMENDMENT TO PLANNED UNIT DEVELOPMENTI
CONDITIONAL USE AGREEMENT
ALBERTVILLE MARKETPLACE
WHEREAS, the City of Albertville ("City"), a municipal corporation organized
under the laws of the State of Minnesota, and Albertville Marketplace, LLC "Developer,"
a Minnesota Limited Liability Company, entered into an Agreement titled "Planned Unit
Development/Conditional Use Agreement Albertville Marketplace" ("Developer's
Agreement") dated August 7, 2007 and recorded as document number AI065358 at the
Wright County Recorder's Office, Wright County, Minnesota; and
WHEREAS, Developer seeks to modify the landscaping requirements and surety
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. Letter of Credit. Paragraph 4A 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 $629,450.00, representing the sum of 100%
of the estimated cost of the Municipal Improvements ($298,450.00), 100%
of the cost of selected Private Improvements, ($273,000.00, including
private street, retaining walls, grading, and all utility work), and 150% of the
estimated cost for landscaping/screening materials marked as "perimeter"
and "restaurant" and "street corridor" on Exhibit D ($58,000.00). Said letter
of credit or surety must meet the approval of the City attorney as to form and
issuing bank.."
2. Landscaping. Paragraph 1] 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 D. Developer shall install
landscaping marked "perimeter" and "restaurant" and "street corridor" on
Exhibit D by October 31, 2008, 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. The
remaining Landscaping on Exhibit D shall be installed by Lot Owners on a
lot-by-lot basis as buildings are constructed on each lot. 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."
3. Site Plan. Paragraph 1 H of the Developer's Agreement is modified to read as
follows:
Developer shall develop Said Plat consistent with the site plan attached as
Exhibit C. No building and site construction which otherwise complies
with the Site Plan attached as Exhibit C shall be required to receive
separate site and building plan approvals from the Planning Commission
and City Council. In addition, no separate building plan approval is
needed from the City Council for any building plan where the building
size has been reduced by not more than 10% of the square footage shown
on Exhibit C and otherwise complies with the Site Plan shown on Exhibit
C. However, this requirement shall not relieve the applicant from
obtaining all necessary building plan approvals required by the City's
building code. Any changes to the building configuration, increases in
building size, decrease in building size. greater than 10%, change in
parking configuration, curb locations, drive lanes or traffic flow shall
require the requisite building and/or site approval from the City Council,
and may, depending upon the scope of the change, be required to be
referred back to the City's planning commission for additional public
hearing proceedings. Developer may delay installing the fence shown on
the Site Plan until 60 days after the later of such time as 1) the City
Council specifically requires such fence to be installed, or 2) the
Developer determines that such fence should be installed.
4. Exhibit Modification. Exhibit D of the Developer's Agreement shall be replaced
by the Exhibit D attached to this Addendum.
5. 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 Albertville Marketplace.
Dated January \ ~ ' 2009
CITY OF ALBERTVILLE,
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By I.~CJvL~J-e~~----
Its Mayor
By
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ALBERTVILLE MARKETPLACE, LLC
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By: Albertville Marketplace, LLC
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this IJ+S day of
'- ~ClnuaxL{ , 2009, by ~\'\ V\\et}/)eN"" 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.
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TCf1i t,:,iN LEONHARDT I
NO\I.W PUBLlC.MINNESOTA .
M'v CGrnrn. E}cp. Jan, 31,2009
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STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
. The foregoing instrument was acknowledged before me this \ ~~ day of
I. ~u.cury. , 2009, by bidgtt 1'\1\1leY, as Clerk of the City of Albertville, a
Minnesota municipal corporation, on oehalf of the city and pursuant to the authority of the
City Council.
31,2DOS
day of
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I reF:i Arm LEONHARDT I'
NorMW PUBLIC-MINNESOTA
I My CO!TIm. Exp. Jan. 31 12009 .
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DRAFTED BY:
Couri, MacArthur & Ruppe, P .L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763) 497-1930