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Franklin Shores Assoc_17000220301800_Memos,Correspondences, File Notes_
Bill Kalar Bill Kalar Friday, February 13, 2015 9:01 AM 'Owen Hansen' Klinkhammer, Skip (SKIinkhammer@rdoequipment.com); David Hauser RE: Franklin Shores Association From: Sent: To: Cc: Subject: Hi Michael, I discussed your request with David Hauser (Co. Attorney) on 2/13/15. He confirmed my opinion that in order to revise the current status of the Franklin Shores Assn., a new Conditional Use Permit (CUP) would be required. In addition, dependent upon your CUP request, a Variance (lot size standard) may also be needed. It should also be noted that the Franklin Shores Assn, must be the Applicant for the CUP and/or the Variance (if needed). If you have any further questions regarding this matter, please contact me. Bill Kalar Land and Resource Mgt. Otter Tail County 218-998-8105 From: Owen Hansen fmailto:hansen@komexcnv.com1 Sent: Tuesday, February 10, 2015 12:00 PM To: Bill Kalar Subject: RE: Franklin Shores Association Bill, This email will serve as my intentions for Franklin Shores Association . I would like to create a legal description for the single family house within the association. I would still like to be a part of the association. I am not sure what the requirements are for area around the structure but guessing 5 feet around to start. Would like your advisement as to this proposal. Thank you Michael Klindt 701-306-3005 From: Bill Kalar fmailto:bkalar@co.ottertail.mn.us1 Sent: Friday, February 06, 2015 3:11 PM To: Owen Hansen Subject: RE: Franklin Shores Association Michael, 1 4 ■ 1 ,r , I should be available around 10:30 AM on Monday (2/9/15).c ; ^ Bill Kalar ' Land and resource Mgt. Otter Tail County , 218-998-8105 1 ; From: Gwen Hansen rmallto:hansen@komexcnv.com1 . : Sent: Friday, February 06, 2015 12:36 PM . To: Bill Kalar ' Subject: Franklin Shores Association V ' Bill, 'Would like to come down and talk to you about the association on Monday sometime? What time would work for you?I Thank you Michael Klindt ! ■ • T V. i: 1^: ; 2 t Bill Kalar Bill Kalar Monday, March 24, 2014 9:23 AM 'Klinkhammer, Skip' RE: Franklin Shores From: Sent: To: Subject: Hi Skip, Thanks for the update. Bill Kalar From: Klinkhammer, Skip [mailto:SKIinkhammer@rdoequipment.com] Sent: Friday, March 21, 2014 10:54 PM To: Bill Kalar Subject: RE: Franklin Shores Bill, Thanks and I am sorry you are having to deal with this as I explained previously in this e-mail. The Board of Directors for Franklin Shores Association has been meeting and communicating about the request from Paul and Judy as well as discussing it with legal Counsel. First and foremost the Association in no way wants to risk anything we have today. I understand they want to obtain a description for the house now after the sale. However, they knew exactly what they agreed to when they sold Lazy Acres. Our Certificate also clearly states that no certificate which includes the certificate for the house can be sold without board approval. This was one precaution that was put in place when we organized to protect the integrity of Franklin Shores Association. That way anyone who becomes part of Franklin shores Association by the purchase of a Certificate approved by the Board fully understands the rules and regulations of the Association which includes compliance with the County. Out of respect for you and Tom and the help you gave us at a minimum I will be attending the meeting. However, the Board of Directors has voted that Franklin Shores remain as is which is also our legal Counsel position at this time based on the information we have received. I am notifying the realtor of the boards position. Skip From: Bill Kalar fmailto:bkalar@co.ottertail.mn.us] Sent: Friday, March 07, 2014 1:38 PM To: Klinkhammer, Skip Subject: RE: Franklin Shores Hi Skip, I believe we have a meeting scheduled for Monday, March 31** @ 1:00 PM. All will be in one place at one time. We will discuss this then and go from there. Bill Kalar Land and Resource Mgt. 1 ' Otter TaiLCounty 218-998-8095 • .From: Klinkhammer,:Skip rmailto:SKIinkhammer@rdoequipment.corin] Sent: Friday, March 07, 2014 10:18 AM To: Bill Kalar Subject: Franklin Shores Bill, I tried calling but you were busy and I am in a meeting that I just need to be there and listen so I am writing you a quick e-mail: I talked to Judy Vorachek yesterday after we sent a denial notice to her and Paul's regarding a request to a change how Franklin Shores is organized. I believe you have a copy of the e-mail however I have copied it below. She told me she talked to you and you told her that the County would be fine with how she would like to proceed and make the change to lot descriptions and that change would have no other impact and the County Attorney would provide us a letter clearly stating that. This is similar to one of the options that I originally proposed when we looked at a CIC but at that time it didn't work. i I spent time with Legal Counsel after I talked with you a week or so ago to see if there was another way we could accomnriodate Paul and Judy that wouldn't cause any risk to Franklin Shores as it is today! We couldn't come up with one other than some type of Condo agreement but even that would have an issue with the well and the fact it would be on one particular identified lot.I' This wasn't an easy task to put Franklin Shores together as we didn't have a lot of cooperation from the seller and they didn't do some of what they agreed to in the purchase agreement which we worked through with them item by item and that is all behind us. I met and worked with their Realtor for hours to give them everything they asked for within reason and negotiated other items with them to insure the project was viable for both parties. They and their Realtor were fully aware how Franklin Shores was organized and now they want to change it. I. We would consider reviewing the matter once we have a letter from the County Attorney insuring us that nothing would change. You and Mark have been great to work with and we have complied with all the rules and regulations of Otter Tail County. The letter would have to include that we can continue as a RCU because we have lots that are purchased that don't have units on them yet and if we are to identify each lot with a description I can't guarantee they will be exactly placed as the description or the deck will be exactly where we would say it would be. As a RCU we can allow a member to change out their existing unit for a new one providing it meets the County requirements of not more than 399 sq. ft. and a deck not to exceed 200 sq. ft. as well as a storage shed of 20 sq. ft. Judy told us that the well could remain where it is at and an easement could remain in place and this was OK by the County. I didn't know the County was involved the in well matter. Originally they committed to relocate the well and build a separate well house to protect the well during the winter. We made an decision to accept an easement to the well to help them even though it was part of the purchase agreement when the sewer system didn't pass inspection and we asked them to participate in the upgrade as required by the County in order for them to sell the property. i V Thank you, I should be back in my office after 11:00AM today and could take a call if need be. I would like to know how to secure a copy of a letter from the County Attorney stating what I understand she has cleared with the County. ,Skip Lauri, Judy and Paul, 2 « The Board of Directors met and discussed your proposal regarding the separation of lots at Franklin Shores. After ■:. considerable discussion and thoughtful consideration it was determined that in the best interest of Franklin Shores Association that it remain as is. i, I. As I shared with you when we visited, we initially considered doing what you are proposing. However, it couldn't be done for a number of reasons many of which Tshared with you. Since we received your proposal I have visited with Bill Kalar and Legal Counsel regarding your proposal. Currently we have a conditional use permit issued by the County and are grandfathered in for what we have done and what, we have . yet to do. Whenil talked to Bill about the proposed changed and asked him if there was any risk, he said there is no guarantee that something couldn't change beyond the control of the Land and Resource Department anytime there is a .change. The Board of Directors can't put Franklin Shores Association at any risk that potentially could cause unnecessary immediate or future issues for Franklin Shores Association. From the Attorney's view there would have to be a number of changes to the current documents to reflect the proposed change. i : ; •f The Board of Directors recognize that is this is not the outcome you had hoped for, but hopefuily you can understand the : Boards position.■■ Let me know if you have any questions. Skip .5 -V-' f : i ,1: ■ ■f 3 ;;■ 9 UvC. cS C\0-' —.i _ijL.o: S5I''^ Sj^dryT^ u. cs\\^\ t fi-reA'CcscJ^rc^U-VA*!"* otsiy^llc-i^ - CoirtOAJ-t <tj^ i 3‘71.hJ&> lof’-^:::* V cf \di:>^ r<cj?-4-io^V ^(tWi n; 0 V* A'^' C - .'¥n^re€<N-/ //lo'r5 ^ ‘i / TeMMjin^^A ^ Ke!c><^A4'e_ci — / •.z> ■• zr ___CURVE Crr:>RC' 5£ARl,WG : DElTa J'tt-Lf '. C^AORD L=^^A.! ZURVE \ RAZZ'E ! C/3r 3>r1 \ 5 55‘CE'^r E [ :Z’Sy‘2C'■. 257.!5! it^R.56 I> C2 . ^57.^5 ■^^’55 '57"1 3-7~42'5^' ^■: ATB.^Ei^ ' e -Ta j' «r . w’ '5J" '=^T't'.4,-aT •~'r ^ -5 •^/.-r »»S'r.u I" ==0^0-’ 7-^'53 3.■ 3- kE’bE'07' E• 3-^.3i^' C — '. t": p-i" 4:‘rr ;7^/\J l.-7-i c»rfw' V3.- -_ .L. . X' / Lauri Asbelsonhtailot C 701-200-6082 B. 701-293-3423 F. 701-293-4001 lcnl7elson@fmreate5tate.cofn www.LauriAsbelson.com 273t12thAswS Forgo. ^C)5«K)^ Each Office h Independently Owned And Operated. .'***»®j Haugen Property; Jolly Ann Lake File Summary; January 9, 2013 Page 2 September 23, 2008 - County Board Denied the Request The Planning Commission’s recommendation to deny the Conditional Use Permit and Revised Preliminary Plat was presented to the County Board. Following discussion, the County Board denied (3-2 vote) the Conditional Use Permit and Revised Preliminary Plat for the following reasons: 1. The environmental impact is going to be extreme on soil, vegetation, fish and wildlife. 2. Hazards may be created on both Land & water because of the bluffs and the minimum sized lots. 3. The area is extremely sensitive due to the trees, the lake (NE), and bluffs onsite. 4. Lack of adequate lot area and water frontage. Note: This decision was not appealed. September 21, 2009 - Conditional Use Permit Application Filed with Land & Resource A Conditional Use Permit Application (construct a 2,500’ road) was submitted to the Land & Resource Office. October 14, 2009 - Planning Commission Passed a Motion to Approve The road request was considered by the Planning Commission. Following discussion, the Planning Commission recommended this road be approved (all Members in favor). October 20, 2009 - County Board Approved the Request The Planning Commission’s recommendation was presented to the County Board. Following discussion, the County Board approved this request (unanimously). August 5, 2010 - Road Inspected and Approved by the Land & Resource Office The completed road (Conditional Use Permit #6567) was inspected and approved by the Land & Resource Office. November 28, 2012 - “Lonesome Dove” Filed with the Land & Resource Office A Preliminary Plat (10 lake lots) was submitted to the Land & Resource Office. January 9, 2013 - Planning Commission Scheduled to Consider “Lonesome Dove” * • h. RULES AND REGULATIONS Of FRANKLIN SHORES ASSOCIATION These rules and regulations have been adopted by the Board of Directors for Franklin Shores Association (herein Association) for the operation of the Franklin Shores RV Park (Park): The Park shall be open for occupancy and use by members from May 1 to the Monday following the first full weekend in October each year. All rules and regulations governing Park will apply as defined by the State of Minnesota; Ottertail County or any other Governing Agency that has jurisdiction over Park Each lot may be used as a private residence and for no other purpose. No lot may be rented or leased to a nonmember. The only exception to this is the house, however the Board of Directors must approve any person or persons that owner permits to rent or stay in the house if it isn’t owner’s immediate family. In any event the same rules and regulations of the association apply to the house and are governed by the Board of Directors of Franklin Shores Association. All visitors are the responsibility of the site owner. All members are entitled to an equal right to use the common areas and common facilities in the Park. The Association shall be responsible for the maintenance and upkeep of all common areas, including common physical improvements, in the park, including all mowing, watering, raking, seeding, tree removal, and other related activities. The Association shall be responsible for maintaining all Lots in the Park for which a membership certificate has not been issued. The Association shall supervise placement of all RVs in the park and their connection to utilities. The association shall be responsible for all underground sewer, water and electrical lines to each lot. 10. The association shall be responsible for control of pests within the park, i.e. raccoons, geese, ducks, deer, etc. 11. Except as is otherwise provided herein, each member shall be responsible for the maintenance of his lot which includes grass trimming around deck and RV. 12. Each member shall pay all utility costs attributed to his lot as they come due. 13. All new or replacement RVs brought into the park must be approved by the Association’s Board of Directors in order to ensure that such RVs are compatible with existing water and sewer lines, road clearance, soil conditions and the enjoyment of the park by other members. 14. All RVs shall be uniformly skirted according to the Association’s specifications within thirty (30) days of placement of the unit on a lot in the park. Each member shall pay all costs of skirting the member’s RV. 15. Each member shall keep and maintain his RV in good and safe condition at all times. Each member is responsible for the appearance, maintenance and upkeep of his RV and other approved improvements. 16. Each member shall be responsible for all above ground wiring; plumbing and improvements both inside and outside the RV and each member shall comply with all federal, state, and local requirements for such wiring, plumbing and other improvements. 1. 2. 3. 4. 5. 6. 7. 8. 9. Page lof4 ^2012 17. No buildings, storage sheds, decks, porches and similar items shall be permitted without approval by the Board of Directors. Ottertail County Rules updated June 2011 dictate that each unit can’t exceed 399 square feet and no appurtenant structures are allowed, with the exception of an unenclosed deck, no larger than 200 square feet and/or a storage structure, no larger than 20 square feet in area and 6 feet in height. Minimum distance between structures which can either be a deck or RV is 10 feet. 18. Franklin Shores sites will consist of both side deck and front deck depending on the lot which is determined by the Board of Directors and will be sold as such. Storage structures will need to be located either on same side of RV as deck is located or at the rear of RV (Exhibit A). 19. Exhibit A is a typical lot configuration utilizing “Park Model units. 20. No member shall use or occupy his lot or allow any other person to use or occupy such member’s lot in any manner so as to annoy, disturb, inconvenience or interfere with another member’s right to enjoy the use of his lot. The hours of 11:00 p.m. to 8:00 a.m. are hereby designated “Quiet Hours” and during such hours, all persons shall be particularly sensitive to the rights of all other members, their families and guests and respect their right to sleep. 21. No member shall use or occupy his lot or allow any other person to use or occupy such member’s lot in any manner which constitutes a violation of any law or ordinance. 22. No member shall commit waste on any portion of the park and no member shall suffer or allow any other person to commit waste on any portion of the park. 23. The Association shall be responsible for placement of all docks as approved in Ottertail County plan on record. Each member will share a dock with another member. Boat lifts will be the responsibility of each member. No watercraft may be tied to any dock overnight. 24. The Association will provide a dock for the swimming beach area. No boat or jet ski docking or water skiing is permitted from dock or swimming area. 25. The Association shall provide for a central garbage collection site and removal of garbage. Each member shall cause his garbage to be delivered to, and properly stored at, the site in sealed plastic bags. 26. Dogs and cats shall be the only pets allowed, and each lot shall be limited to two such pets. All pets must be kept on a leash and respectful of neighbors normally not in excess of 10’. Current vaccinations shall be required for all such pets. Pets may not run at large, be left unattended, or create a nuisance. Kennels, pens, crates and other facilities for pets must be kept in clean and sanitary condition at all times. Members are responsible for cleaning up after their pets and the pets belonging to their family and guests. No aggressive pets, as determined by the discretion of the Board of Directors, shall be allowed. No pets shall be allowed to swim in the designated swimming areas. 27. Fireworks, firearms, BB guns, bows and arrows, slingshots and other similar items are strictly prohibited in the RV Park. Bottled gas may not be stored within five (5) feet of any door, and containers must be mounted in an upright position. Fuel of any kind may not be stored inside or beneath any RV or camper. Every member shall keep and maintain at least one easily accessed fire extinguisher in useable condition on his lot at all times. 28. No garbage disposals dishwasher, clothes washer, or water softener (back flush type) are allowed. Each member shall ensure that whatever goes down the sewer is biodegradable. For example, paper towels, baby wipes, handiwipes, condoms, sanitary napkins, tampons, and similar items are not sufficiently biodegradable and are strictly prohibited. Sanitation requirements are that all garbage must be bagged and placed in dumpster. No leaves. Page 2of 4 2012 clippings, brush or fire ring ashes are allowed in dumpster. Fish remains are to be double bagged and sealed before placing in dumpster. 29. All other items such as lawn chairs, old toys, carpet, batteries, building material is to be disposed of by member. From time to time the Board of Directors may provide a roll-off type dumpster for general clean-up at which time member may dispose of such items as long as they are permitted by designated hauler. 30. All members, their family and guests shall observe all posted speed limits in the RV Park. In all events, the speed limit for all vehicles in the park shall not exceed 10 miles per hour anywhere in the park. Each member shall inform his family and guests of the park’s speed restrictions. 31. Campfires are allowed and must be attended at all times. Fuel and other materials that emit noxious fumes or dense smoke may not be burned. The member who starts a fire must make sure the fire is completely extinguished before leaving the area. 32. All members, their family members and guests may use the fish cleaning house but each person using the house is responsible for clean-up immediately following each such use. 33. No lots or the RVs in the park may be leased by a member to any other person. This prohibition shall not restrict or affect the Association’s right and power to rent a lot to nonmembers during any time that a membership certificate for such lot has not been issued to a member. 34. Members may have guests but no member shall permit more than 10 persons to stay overnight, or no more than there are beds for. The 10 limit includes the member and his family. 35. The Board shall designate parking areas for each lot. 36. All storage of boats and trailers shall be discouraged; if allowed only in areas designated by the Board of Directors. 37. All children using the recreational areas of the park, including, but not limited to, the swimming area, beach and docks, shall be supervised by an adult at all times. The Association will not have a lifeguard on duty at any time. Children should not be allowed to play on another member’s lot without the member’s permission. All toys and beach equipment shall be picked up and stored at a member’s lot when not being used. 38. No person shall dig or disturb the ground in the park without the prior approval of the Board of Directors. 39. Golf carts or 4 wheelers may not be used in the park other than to come and go from member’s lot by following the normal vehicle exit and entrance to park. Only persons having a duly issued driver’s license may operate such vehicle. 40. Jet skis are allowed but must be approved on an individual bases by the Board of Directors. Any abuse or misuse of Jet Ski by member or guest of member the Board of Directors has the right to direct the member to remove jet-ski from property and may or may not allow member the right to have the jet-ski on Association property in the future. No jet skis in or near swimming area. Member must adhere to DNR Rules. 41. No commercial enterprises are allowed in the park without the Board of Directors’ prior approval. No peddling or solicitations are permitted at any time. 42. No unusable or unlicensed or unregistered or other junk vehicles or equipment may be stored anywhere in the park or on a lot at any time. 43. Each member will receive a key for the log Community Center. If for a gathering of 10 or more a member may reserve it by reserving it by registering reservation on the bulletin Page 3of 4 ,2012 board in the center. Reservations will be honored on first come first basis. However it is the intent that the community room is generally to be used by the members as a gathering area. Whoever unlocks the door is responsible for locking it. Each member or group of members using the Community Center is responsible for clean-up immediately following each use. The same hold true for what is called the coop. 44. A member is responsible for ensuring that such member’s family and guests observe all of these rules and regulations at all times. 45. A member may place a “for sale” sign on his RV or lot but such signs shall not exceed 2x3 feet in dimension. Other than a realtor’s sign or a “for sale by owner” sign advertising the lot for sale, no other commercial signs shall be allowed. 46. Sale of a membership certificate is subject to approval by the Association. 47. The Association shall a first right of refusal to purchase all membership certificates in the event of all voluntary or involuntary sales of a membership certificate. 48. These rules and regulations may be amended by the Board of Directors at any time and all such amendments shall be effective immediately upon posting notice of such change at the Community Center. 49. Enforcement of these rules and regulations may include the following, in the discretion of the Board of Directors: - Warning; - Payment of compensation for the loss or damage directly caused by the noncompliance; - Forfeiture of the member’s privileges, including the right to vote, the right to occupy a lot, and/ or the right to have guests; and/or - A directive that the member shall remove his RV from the park. 50. All costs, including reasonable attorney fees, incurred by the Association in enforcing these Rules and Regulations as against a Member, or the member’s family or guests shall be paid by the Member who is subject to the enforcement action. 51. The house is subject to the same rules as any other member as it relates to the rules and regulations of Franklin Shores Association. 52. All unpaid amounts due and owing by a member to the Association shall constitute a lien against the member’s membership certificate. 53. If a member is more than 30 days past due in the payment of any amount due and payable by the member, the Association may cancel the member’s certificate and direct the member to remove his RV from the Park within 60 days. If the member fails to do so, the Association may make arrangements to remove the RV from the Park and all costs incurred by the Association in doing so shall be paid by the member. Upon a subsequent sale of a membership certificate for such lot, the net proceeds from the sale shall be applied first to the costs incurred in selling the membership certificate, then to the amounts owed to the Association by the member and the balance, if any, to the member. 54. Each member shall indemnify and hold the Association harmless from and for any all payments, expenses, costs, claims and liabilities, including attorney fees, for losses and damage to property or injuries to persons occasioned wholly or in part by or resulting from any act or omission by the member, the member’s family, guests, licensees, or invitees or for any cause or reason whatsoever arising out of or by reason of the member’s Lot. Page 4of 4 ,,2012 55. Each member shall procure and maintain insurance coverage for the member’s Lot which shall include public liability insurance with minimum limits of $100,000 per person and $300,000 per occurrence. Each member shall provide proof of such insurance upon request or annually with association dues. 56. Watering of plants from well is permitted 57. Watering of lawns from well is not permitted May 2012 Page 5 of 4 ,2012 * > LotFRANKLIN SHORES ASSOCIATION SUBSCRIPTION AGREEMENT WHEREAS, a nonprofit corporation has been organized under Minnesota State Law to be known as Franklin Shores Association also known as (Franklin Shores) for the purpose of purchasing what is currently known as Lazy Acres Resort located at 25138 Franklin Lake Road, Pelican Rapids, MN 56572 located on Franklin Lake in Ottertail County, Minnesota. WHEREAS, a purchased agreement has been sign by the sellers, offering to sell property as described above to Franklin Shores Association whereby seller agrees to join the association and retain ownership of the house as one (1) lot (certificate) in Franklin Shores Association. Owner of the house has one vote and is subject to the Rules, Regulations and Bylaws of Franklin Shores Association. WHEREAS, upon closing the contemplated sale of the Park to Franklin Shores Association, any person wishing to occupy a lot in the Park will be required to purchase a membership certificate in Franklin Shores Association. WHEREAS, the property consists of 25 lots which will be divided into two (2) classes as follows Class 1 (24 individual RV lots) Identified as lots 1 through 24 Class 2 (1 house) Identified as lot 25 WHEREAS, each membership certificate shall entitles the owner thereof the exclusive rights to occupy the lot described therein subject to assessments for maintenance and improvements of the Park which the Board of Directors of Franklin Shores Association many establish from time to time by majority vote, it is understood that both classes shall be assessed equally. WHEREAS, defined in the Purchase Agreement the association has the right to void the Purchase Agreement on or before October 31, 2012. WHEREAS, seller has agreed that if both parties agree and 18 lots are not sold by October 31, 2012 that seller may extend the agreement for the benefit of both Buyer and Seller. WHEREAS, seller has agreed to hold the remaining 6 lots after the initial 18 are sold and sale is completed and seller and association will share in the proceeds of the sale as defined in the addendum to the purchase agreement. WHEREAS, with the pending purchase, Franklin Sores Association requires a commitment from the interested parties to participate in the purchase of the property and becoming a member in the Franklin Shores Association. ■f NOW, THEREFORE, in consideration of the terms and conditions in this agreement: 1. The undersigned subscribes to a membership certificate in Franklin Shores Association for . For said certificate, the undersigned agrees to pay the sum of $50,000.00 as follows; $5,000.00 upon signing this agreement as earnest money and the balance due 7 days prior to closing which is planned for October 31,2012. 2. The undersigned understands that the earnest money is refundable if the sale doesn't materialize as defined in the purchase agreement. 3. The undersigned agrees that if undersigned backs out on or before the closing date, and the sale occurs, the earnest money as defined in Paragraph 1 will be forfeited to the association. 4. The undersigned understands that the membership shall entitle the owner, his heirs, successors, and assigns the exclusive right to occupy and possess the Lot described in Paragraph 1 above. 5. The undersigned also understands and agrees that no unit will be placed on a lot described in his certificate without the consent of the Board of Directors, which consent shall not be unreasonably withheld. 6. In order to secure the payment of all amounts due Franklin Lake Association including membership payments, rents, if any, real estate taxes and assessments for maintenance and improvements the undersigned grants to Franklin Lake Association a security interest in the membership certificate. 7. The undersigned understands and agrees that he may not sell, give, convey, dispose of or otherwise transfer, either voluntarily or involuntarily, and either with or without consideration, his membership certificate to any person other than a member of the undersigned's immediate family without the consent of the Board of Directors of Franklin Shores Association. It is being understood that Franklin Shores Association shall have the first right of refusal to purchase the membership certificate upon the same terms and conditions as a proposed transfer to a third person. For the purpose of this restriction, "immediate family" shall be defined to include spouse, grandparent, children, stepparent, and step-children and such definition may be expanded by the Board of Directors from time to time. 8. In order to promote everyone's use and enjoyment of Franklin Shores Association, the undersigned agrees to abide by all the rules and regulations of Franklin Shores as adopted by the Board of Directors of Franklin Shores Association at the closing of the sale and from time to time thereafter as deemed necessary or appropriate. 9. The membership certificate shall entitle the owner thereof to one vote at all meetings of the association members. The association shall retain all certificates until sold. 10. So long as the undersigned is a member of Franklin Shores Association, the undersigned agrees to pay his calculated share of all expenses incurred for operating, maintaining, repairing and improving the park owned by Franklin Shores Association, including but not limited to, the real estate taxes and assessments, and expenses for maintaining the grounds, septic system, well and docks. The cost of insuring the house on lot 25 will be the responsibility and will be paid by the Owner of lot 25. The portion of the real estate taxes attributed to the house on lot 25 shall be paid by owner of lot 25. The cost of repairing and lot # maintaining the house shall be paid by the owner of lot 25. All utilities that are separately metered to each lot shall be paid by the owner of said lot as determined by the Board of Directors. Each member is responsible for their individual taxes to the County on their personal property located on said lot which may include the RV and deck. The association assessment for 2013 will be $1,300. 11. Until a membership certificate is sold for a lot, the Association shall be responsible for payment of that lot's share of the taxes and expenses as determined by the Association's Board of Directors. The Association may assess all members on an equal basis for the Association's payment of such unsold lot's share of the taxes and expenses. 12. Excepting the house on lot 25, leases of Lots and the RCU's on the Lots are strictly prohibited. Subject to prior written approval of the Board of Directors for Franklin Shores Association, the owner of the membership certificate for Lot 25 shall be free to lease the house on lot 25 upon such terms and conditions as owner of lot 25 in its sole discretion, determines subject only to such tenants adherence to ^ of Franklin Shores Associations Rules and Regulations as may be adopted from time to time and such other conditions as the Board of Directors may reasonably require for its approval of such lease. 13. Lot 25 is described by reference to the footprint of the house on lot 25 and an area extending a distance of five (5) feet in all directions around the footprint including any deck attached to the house and approved by the Board of Directors. All other lots are described as an area extending a distance of five (5) feet in all directions around the footprint of the RCU on each Lot and any deck that has been approved by the Board of Directors within the Regulations as defined by Ottertail County. Dated this day of ,2012 Subscriber(s): sign below Dates this day of ,2012 Franklin Shores Association President p F£B Membership Certificate FRANKLIN SHORES ASSOCIATION Myvo This Certifies That of a Class is the (insert 1 or 2) Membership Certificate in FRANKLIN SHORES ASSOCIA^ TION, Q nonprofit corporation organized under Minnesota law, as represented by this membership certificate, which entitles said owner the exclusive right to occupy Lot Otter Tail County, Minnesota, subject to the terms and conditions of owner’s Subscription Agreement, the Bylaws of the Association, and the Rules and Regulations as adopted and amended by the association’s Board of Directors from time to time. owner of the corporation’s RCU Park located on Franklin Lake in The owner of this membership certificate may not sell, gift, convey, dispose of or otherwise transfer, either voluntarily or involuntarily, with or without consideration, upon death or during the owner’s life, this membership certificate to any person other than a member of the owner's immediate family without the consent of the Association’s Board of Directors, it being understood that the Association shall have a first right of refusal to purchase this membership certificate, including residence property located thereon, upon the same terms and conditions as a proposed transfer to a third person. This membership certificate shall be subject to a lien in favor of the Association for all amounts, if any, due and owing by the owner of this membership certificate to the Association for the purchase of this membership certificate and the payment of the member’s share of the operating costs of the Franklin Shores Association and assessments. The Secretary of the Association shall certify to owner and any other interested person the amount, if any, that may be owed by the owner to the Association. In Witn6SS Whsrsof the said corporation has caused this Certificate to be signed by its duly authorized officers __day ofthis 20__. Secretary President April 23,2012 ^i'6Spmal tvtm anb Coniiitton^Is m The owner of this membership certificate is subject to the following additional special terms and conditions: 1. Lot #25 relates to the house and attached garage located on the Association’s property and the area contemplated by Lot #25 is the footprint of the house and an area extending a distance of five (5) feet in all directions around such footprint including any attached deck approved by the Association. 2. In addition to the house and attached garage, the improvements on Lot #25 include a well, a well pump and a pressure tank (“water system”) which provides a source of water for the house on Lot #25 and the remaining property owned by Franklin Shores Association (“Association”). The Association reserves the right to continue its use of the water system for the benefit of all the property owned by the Association and the Association shall, at all times, have the right to operate, maintain, repair, and replace the water system or any part thereof and for that purpose, the Association shall have reasonable access to the water system components through the garage on Lot 25 without notice to the Owner of this Certificate. 3. The Owner of this Certificate shall pay all real estate taxes and installments of special assessments, if any, attributable to the improvements on Lot #25; all costs to insure the improvements on Lot #25; all costs to repair and maintain the improvements on Lot #25 excluding those related to the water system; and all utilities separately metered to the improvements on Lot #25 excluding those related to the water system. 4. The Owner of this Certificate shall pay four percent (4%) of all expenses incurred in connection with the operation, maintenance, repair and improvement of the common areas of the RCU park owned by Franklin Shores Association including, but not limited to, all real estate taxes, installments of special assessments, utilities, and expenses for operating and maintaining the grounds, septic systems, wells and docks. f: Bill Kalar Bill Kalar Monday, August 12, 2013 8:21 AM 'Klinkhammer, Skip' RE: Fish House From: Sent: To: Subject: Hi Skip, thanks for the update and prompt action. I should be in your area on Tuesday, Aug. 13*^ (if things go as planned) and will check it then. i Bill Kalar Land and Resource Mgt. Otter Tail County 218-998-8095 From: Klinkhammer, Skip rmailto:SKIinkhammer(a)rdoequipment.com1 ' Sent: Monday, August 05, 2013 10:29 AM To: Bill Kalar Subject: Fish House Bill, We will be moving the fish house this coming Saturday. Skip \ : 1 FRANKLIN SHORES ASSOCIATION Business Address 4800 2’^° Street SW Moorhead, MN 56560 701-388-8199 www.franklinshores.com 25138 Franklin Lake Road, Pelican Rapids, MN 56572 July 19, 2013 Mr. Bill Kalar Otter Tail County Government Service Center 540 West Fir Fergus Falls, MN 56537 Dear Bill, Attached is a map, showing where the current fish cleaning house is located and where we are going to relocate it as we discussed on the phone. Thank you for working with us as we continue to improve Franklin Shores. Skip Klrnkhammer Presraent A ( t RECEIVED JUL 2 2 2013 LAND & RESOURCE >?" ifp {ri/ZA \N 7fi-a(r^y' w\ i^i 5' 11:■ (5 ■ 7p ,• (S-5 5^ r J■7&'40'47’‘ W 325.3^;'z' ©®'>o.4-Jf rJ4t c.wr cr ’J^rf HOAC -.*?1V oi \ V.%- . \ 'T ^' I 'T!T-1*C ^ b'" •. “I ' ___ tv ■:» ■“\ I ^ ^,..v.-. ^ ' -c ; . r V. ' W.V.. 'v2f®'\'-\I /VO ^ !2^^ / \ V’l-2-^f?e^ Qp/A I'triV '^irC-W ) u /dO^CO^^- f^OL4^ ^ 5c»* & (f^,fe>e><P r*/=/s/l^ V= ^ a c mCJO ^ O :d TTA m io S s mS as o O m • 1 ; r* Department of LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY Government Services Center - 540 West Fir Fergus Falls, MN 56537 PH: 218-998-8095 Otter Tail County’s Website; www.co.otter-tail.mn.us 18 April 2013 Franklin Shores Association Attn: Skip Klinkhammer 4800 2"'' Street SW Moorhead, MN 56560 Ref: Your 9 April 2013 letter with enclosure Skip, Thank you for the referenced letter and enclosure. I have enclosed applications for the “utility”; building projects you have in mind. All you need to be aware of is the standard structure setbacks for “cluster developments” which I will enclose. The County does not enforce building codes, so you need to touch base with your local - MN Dept, of Health Sanitarian (Glen Donnay, phone # 218-332-5252). I believe that any research for.building plans for storm shelters will lead you to OHSA rules. If you want to peruse this, I recommend the following: (I received this from the County Emergency Manager) The new term these days is “safe room.” Here is a link to FEMA’s guidance: http://www.fema.qov/safe-room-resources/fema-p-361- desiqn-and-construction-quidance-communitv-safe-rooms There Js often federal grant assistance for projects like this. If the owner is at all interested, please feel free to let me know. Our professional association used to have more “user friendly” guidance, and l am also checking there for more information V Let me know if there is anything else! Thanks, Patrick Waletzko Otter Tail County Emergency Manager / Safety Program Liaison Otter Tail County Administration Government Services Center 520 Fir Avenue WestFergus Falls MN 56537-1364 Phone: 218-998-8067 Email: pwaletzk@co.ottertail.mn.us i; When I was visiting with Bill Kalar about your letter, he mentioned that you might be better served by a battery back-up rather than a generator. It also might be better to have the type of shelter you are considering rather than nothing. I understand from Glenn Donnay that RCA’s aren’t required to have a storm shelter. Please confirm that with him. You also need to ask him about the new water line and the need for plan approval from MDH and/or MN Dept, of Labor and Industry. It is always a pleasure to visit with you. Sincerely, Mark Ronning, Inspector FRANKLIN SHORES ASSOCIATION Business Address 4800 2'^“ Street SW Moorhead, MN 56560 701-388-8199 www.franklinshores.com 25138 Franklin Lake Road, Pelican Rapids, MN 56572 RECEIVED April 9, 2013 LAND & RESOURCEMr. Bill Kalar Mr. Mark Ronning Otter Tail County Government Service Center 540 West Fir Fergus, Falls, MN 56537 Gentlemen: Attached is an updated water line map for Franklin Shores. What we found when the sewer lines were dug up last fall that the majority of the water lines were in poor shape and had been patched many times. Not only were they in poor shape but there were many of them that had been abandon and a new line run to an individual camp site. It is our plan as soon as weather permits to install new water lines as indicated on the enclosed map and thought that it would be appropriate to have a copy of this on file with the County with the updated sewer line map. I also wanted to show you the proposed location where I would like to relocate the garage and fish cleaning house as well. If this is an acceptable location please indicated what is required for permitting. The garage will be painted to match the house. The other item that I want to ask about is the process of requesting a permit to install a storm shelter as indicated by the yellow tab on the enclosed sheet. I have researched different storm shelter options and it appears the best one for us would be a refurbished shipping container with added ventilation and a small gas generator to provide back up power for lights and radio during a severe storm. We would like to dig at least a portion of it into the hillside east of the house so the shelter would be a ground level. I can't seem to find specifics as to the requirements or even if this is an acceptable option for us to so but I thought it would be an enhancement to the park by having a place to go for cover in the event of a storm. In addition to the phone number above my office number is 701-239-8710 and my cell phone is 701-388-4595. Skip Klinkhammer President hjeuJ /A^'S’T'A//1 5k IiA' \l/ ijO ^ k f y hfoMSlOA^hs-V \IkJ£-^ vftA ^ STu^crhTt>n A-A^d £)l«>to ^Wet-Ire/V s \ 'J \p/cl5»rr \h ' am chckAfjCf Tv- Coop »Vl,4r/^4'e V ^ Arc:^^ Cl.e^Wt<Lrc^ 3^3- ^ e -te-d- J,-Jm.':s==' _c-Vo''o^z:- sEarinc-. y£~~* ■-t': i.f's'jr- a6.c5 iXVcr1£> 3r«?? 2B'^J5 5 55 Tr •^•' f ■T'S T ./fp~.55 257.J,5 ^ 55 ’■SB B-P'r3 37^.5-"S’7.i,C 1 I • "iO ac'a; -Cc*'-'55 5f: 47>= £~w ^ rf 4'' £■5 'vri-7 z ^ 5 c5-55‘<:/7* 55^.35^5?• 5-? 5c-•='.r* (\ iPr£ z - c»-^1"b' r RECEIVED LAND & RESOURCE FRANKLIN SHORES ASSOCIATION Business Address 4800 2'^° Street SW Moorhead, MN 56560 701-388-8199 www.franklinshores.com 25138 Franklin Lake Road, Pelican Rapids, MN 56572 November 23, 2012 fay; Bill Kalar Ottertail County Land and Resource Management Government Service Center 540 Fir Ave W Fergus Falls, MN 56537 Dear Bill. First and foremost I want to thank you, Mark and the rest of the County staff that worked with me to put Franklin Shores together. I am feeling better about this project all the time now that we have the sewer updated, the electrical completed, the entire property landscaped and seeded where it was dug up. In the spring we will run new water lines throughout the entire park as they have been patched numerous times over the years. We have completely cleaned up the grounds and the existing buildings, trimmed the trees, removed most of the dead falling branches and trees and will complete that project yet this winter or in the spring. I have attached as you requested a map identifying the sites and numbered them accordingly. I have included a copy of the new approved sewer map. It is our plan to relocate the garage and fish house in 2013. Once we can determine the best location I will make an appointment with you to discuss this and seek proper approval. 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Minnesota 56537 I (2 1 8) 739-5268 1 200 0 . 400200 ■V; scale feeti; ■l*(;n:= 200 FEET v5:?' i■ i! f El/4 COR. |^C,22 TWP. RD. ■'i •r> IW 1/4 CQR. SEC. 22 -- /I \ '^ it/I ''I'l/' * t r tP'SV'* p; . d-': • \HI-'IP ‘ I'f /?•! /*iV’ '/fitcuun1? n i-jfc./4!>••*r ^idCTLh^^±:no\M I/-Jl-jL ^ /- L.w Ao‘ELBOW LAKEvs3S )-iii Pu6L/jll^Jc. /'N :i|m 7 -jfeLAKE NO. 56-774 (NE)I 4 A ki:■■'\I'/J, ''..f «yo’.i\ ^It:) * X'm \■v»A.C1t37 , L t^ ( //y:I J/'k IRt^ ir-i-k." ''7''"'‘d '* ' ,f %r- > , s , :?> n /}hK 'I '4 ‘4'Vljfd[,,.-- . //,-v|^«is&L; -'1”^ * V ' ■.'■ * — . <** < Tt ^i^;■'<0® .K "f 'i f.\ '- ••'f 4f ,• :»v , ..?• ■. . ., j:® - •' t?Jl u?'^4 d ■ if A' ^ ’’ W 5?I't")' a"’(■> s;. £' \9 TP7* y / • i ■- -a,:.,..- '-‘7^ ’ >»“k mL* "* /^r.«"& * 77 •isa‘t,tVa •I *■’ ‘ A' y) i' o1.^ ,-. p \ \^J.I \'WP- ,. yw -y: T > ‘ :- {/1 /5 fjo 1v'" ->7 PJ3 ,.i '•vr r d-y-m. Vi ..te&" iM y;'!••Ak y ■••■O.s ..V.GL s'?'"'' 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"3y < aiftit3,3 D&foVV; t HorsQ Pre&^trlilis ’' "'i-'SdA r ^, rC)'la?. \»'33^.aftca.cs frI- L)Ipc^RLs: - 8.78 / HPfLo ■';■ L'J 33.\\(O \I 'C(U4/D^4r'' /.V&)lUa/4 1 \y?■a ^Qh^\y(fZ//)ui S.^o ~ 34 s ^0^ J S' '■Hi ■::-.■■-'’X <niGdCtr^Y .5^45 -p <1 ep S ’I*-’: PSSisi iSi■av I WH-ir<f ^ /0(y -H3 ftVS.MV, P.501 !a Z06.1\&^r '- n.fz.7^0,a*..,tvb'Y H3/y^ .0LOc\L -y ;-V'BLUg-A/rt SaC' •a-lEifp "ZZ.HO I-|SP1 A.lLor\ t TIstver\>^ Jcjcobson 6W. 4A5, P. H3, >-L)13'3.h-L'J2 i4: CO3O o by>'Ad >0 vj IdlXvj m \ itS'3i/>ft ■■ I apjSS® RyjSgSi3- Vo‘ I isS TOWNSHIP ROAD SE COR. SEC. 2 2 Ns.C.**-ll^■- 550.6 •■■■..(;=-t^.5dr ,1 lo.5t.V1. C)oyl.k^.C.»li(jovf.•• Ao \Ch.Cvoy+.- -S.W COR. SEC. 22 LAKE SI/4 COR. <SEC.22FRANKLIN 1 ■> • y:~yv a ft.’.?' •.!?■■' • • r>' J -•1: •ft; 27 4 -VSECTIONLAKE NO. 66-759 (RD) 3#l '•3:|Lf'.'4f tft .-i’*'•L»'.i cp:.r:«Vt7»&^se»ss Stvv .^.rv “!:•.•»«!nii>9«iS**" 39a>.*T‘- «a s' ' 1uK,ST.vTt: OF f^INNESOTA DEPARTMENT OF HEALTH !I I! . A July 9, 19714 ■ - it:Mr. Arnold Hagen Route &}x 83 Pelican Rapidsy Minnesota 56972 l Dear Mr. Hagent '.7e have received and reviewed the nlane and epeollloatlone covering your 10. dependent site rc|Me^l£onal oamplng area to be kno\m as Lazy Acres Camp. yffh#^^a]y appear to be in general oonfomity with the stand^^sNir this Department. One set of these .plans which has been appropriately stamped Is being , retxizned ^'i^ito you. - ■■ > 6 At such time os construction Is completed» please notify 2Sr. larxy Kexicowy Dlstrlot Sanitation Inspector in our Fergus Falls offloof in order that he may make final on-slte inspection. Upon receipt of Mr. Eeikow'a favorable reporty your license to operate a recrsatlonal oamplng area will be Issued for the appropriate number of sites. Pinal Inspection must be made of each site prior to ooeupanoy. We are returning to you your check #181 In the amoimt of $7.00 since your primary fee of $30.00 has already been received. Yours very truljy ! . i- 9 C. B. Sohnelder* Section Chief Hotelsy Resorts St Restaurants C IDWikab eoiLorry KeAow Phil Holman John McOulre (PCA) . ' \ \ I MIIMIMESOTA DEPARTMENT OF HEALTH Section of Hotels, Resorts and Restaurants 717 Delaware St. S.E., Minneapolis, Minnesota 55440 COSICS: Central Offise Licensee Dist'^ict Office AND/OR RECREATIONAL CAMPING AREA INSPECTION REPORT Lie. No..? i PostRd /'/ / DatpH/• MOBILE HOME PARK Park or Camp Namn^^y-- . '//- • / Co. f y 1 L. /". ItL icensee 1 ; No. Ind. R.C.Sites__ No. M.H. Sites_____ a. Location_____ b. Caretaker_____ c. Spacing ______ d. Animals______ e. Water Supply__, f. Plumbing MHD 152 , PARAGRAPH: l l il • f W., I . r /Location _ _A'ddress X // _ No. Dep. R.C. Sites /; '■ /^,-7/ A/’______ P.O. ^ • / ___No. Occupied __No. Occupied / f ML/ ! ^ ■■i r) A ' No. Occupied -A <7/ / / / / <¥A-'__JSewage Disposal y Toilet, Bathing andLaundry Facilities /{/( A Incinerators Garbage and Refuse p-> / Vermin Control Night Lighting ___ m. Community Kitchen Bottled Gas___ o. Fuel Oil Systems ^ p. Fire Protection _ Other_________ g-+TTTJ: • ' A h. ytX ■ V"'n. // ✓ /V-J-//a k-7-pi.i /'t }//.■ //^ n.ski_L k A { Jii.■yr 7 //y9 /// i?k 7 i • / t ’ ^ y\-'■ir ' '-L .7 Ci»!*■ *I LlLT //- ‘ fItJ ' / i\r- A1rkC >C (■' ■■■/ .r •'v/. f V, ‘■ / n M,' ,/k" >--i i O'/ r -(A,'Ik't-i "VLl:- ll ; : , //4rC^rj __Uy /3 y.-/SL£. V.Lk-(h ik../iI j -7 • L A/I. 1 -Cl. 7__Z2 IiLZ■■ ;.-3 t ^• L'.-•V //r, ! : c5L/ -r. /'fe 7///I ■] / - U,■ ) ■t Received By< ..'A ': U-t \y,Dist. Inspector^ /1 /Dist. Office and Phone No. 7 , > • CCJt’lES: . ■ • Central OHica • LHiaraiea ■ ' >* District Office MINNESOTA DEPARTMENT OF HEALTH Section of Hotels, Resorts and Restaurants 717 Delaware St. S.E., Minneapolis, Minnesota 55440 ■ MOBILE HOME PARK AND/OR RECREATIONAL CAMPING AR^A IN Park or Camp Namp "'I • ____Dc ■> __\ [ ir. No^ j^- t 'I / i fy . r y /]!(■ I'l ‘ f P.O. T /. r } V'-' •' Location / y Licensee C. Address 'T" 3 -V''j INSPECTION REPORT ■Posted / / ) /Datpd S"/t> . /■ I Co _?1 No. Dep. R.C. Sites .OV ftr // g. Sewage Disposal i/’ y t ~/.'jir . ..y^ t - h. Toilet, Bathing and m. Laundry Facilities />/ Incinerators^.4 /v -tL> o. Garbage and Refuse L Vermin Control___ No. OccupiedNo. OccupiedNo. Ind- R.C.Sites No. M.H. Sites No. Occupie'd Night Lighting ___ Community Kitchen Bottled Gas______ Fuel Oil Systems__ p. Fire Protection___ Other____________ - a. Location b. Caretaker c. Spacing _ d. Animals ' i. e. Water Supply Plurnbina S PutU C-s^iuTTs k. JyW f. MHD 152RAGRAPH: X-iSU:^ / C f -p / i <•■*' f 'j "/ ^ 7 ^ ^ X t9 // ^ >■-- U i^J- '7 ri■ /Z:^PA 7 f) y }< 7 3’ 7 - ’ /Vc /< y^.>4.'>v‘..c /7<Z> t > / / f #/£jL^7 rT ' 7^/’ <6 /tJ,p ft ■ C 7 /O ^.7' U >"} y /Zr r V / / k i ti iL IZ_7 Az'7 /£_ic./r zc'f ^ > J-/ g ^ <■ 4 Ty^cr/, C> - t-i-44 r-7^fi r-L^l ■ 'z-:t. ^, A'/eO f 5 /w <L. . 4 v -■ I g: H, pp J ./'£ C‘ ‘J ft X, ;^4r7/ 7r bt> /A i''7i. ' 1^7 <' S « c:/ 4 t /i. 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