HomeMy WebLinkAboutItem 06.nDecember 13, 2012
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Assignment of
Donnelly Farm Addition Development Contract from Wyatt Pudel Pointer 1, LLC to Grayhawk
Properties, LLC.
Passage of this motion will result in transferring the Donnelly Farm Addition development
contract, including all addendums, from Wyatt Pudel Pointer 1, LLC to Grayhawk Properties, LLC.
Overview
Assignment of Donnelly Farm Addition Development Contract
December 17, 2012 City Council Meeting
Item No.
The City of Lakeville approved the original development contract with Tollefson Development for
the Donnelly Farm Addition on November 1, 2004. Wyatt Pudel Pointer I, LLC assumed the overall
development rights and responsibilities of the Donnelly Farm development from Tollefson
Development in 2009. Wyatt Pudel Pointer 1, LLC is now selling the development to Grayhawk
Properties, LLC, and is seeking City Council approval to transfer the development contract to the
new owner. Staff recommends approval of the development contract transfer from Wyatt Pudel
Pointer 1, LLC to Grayhawk Properties, LLC.
Primary Issues to Consider
What is left to be completed within the Donnelly Farm Addition development?
• The development is substantially completed with all roads and public improvements
accepted in 2010. The remaining items to be completed include minor landscaping that
needs to be replaced or installed around the townhome area and erosion control measures
that are required to be installed on individual Tots as the remaining homes are constructed.
Grayhawk Properties, LLC has submitted an escrow to cover the remaining landscaping and
erosion control items.
Supporting Information
• Signed copy of the assignment of the Donnelly Farm Addition development agreement.
' /t.c. Th
Ally . Kuennen, AICP
Associate Planner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
ASSIGNMENT
AGREEMENT made this day of , 20 , by, between
and among the CITY OF LAK.EVILL,I+, a Minnesota municipal corporation ( "City "), WYAIT
PUDEL POINTER I, LLC, a Minnesota limited liability company ("Wyatt") and CREY.IIAWK
PROPERTIES, LLC, a Minnesota limited liability company ( "Greyhawk. ").
RECITALS
A. The City and Tollefson Development, Inc,, a Minnesota corporation ("Tollefson"),
entered into a Development Contract and Planned Unit Development Agreement for DONNE;I.,LY
FARM ADDITION dated November 1, 2004, and recorded with the Dakota County Recorder on
May 9, 2005 as Abstract Document No 2319946 ( "Development Contract ").
B. In 2006 a portion of the lots within Donnelly Farm Addition were repiatted as
Donnelly Farm 2nd Addition. The City and Tollefson entered into Addendum "A" to
Development Contract and Planned Unit Development Agreement for Donnelly Farm Addition
dated March 13, 2006 and recorded with the Dakota County Recorder on April 21, 2006 as
Abstract Document No. 2422065 to have the Development Contract apply to Donnelly Farm 2nd
Addition ( "Addendum "A").
C. Tollefson assigned the Development Contract to Wyatt Pudel Pointer 1, 1. L.C, a
Minnesota limited liability company ( "Wyatt ") by Assignment dated October 19, 2009 and
recorded with the Dakota County Recorder on November 9, 2009 as Abstract Document No.
2695313.
D. The City and Wyatt entered into Addendum "B" to Development Contract and
Planned Unit Development Agreement for Donnelly Farm Addition dated May 17, 2010 and
recorded with the Dakota County Recorder on May 19, 2010, as Abstact Document No. 2731032
( "Addendum "B ").
E. The City and Wyatt entered into Addendum "C" to Development Contract and
Planned Unit Development Agreement for Donnelly Farm Addition dated May 2, 2011 and
367861 v 1
recorded with the Dakota. County Recorder on June 29, 201 l., as Abstract Document No. 2807466
( "Addendum "t <).
F. Wyatt has requested the Development Contract, Addendum ".A ", Addendum "B"
and Addendum "C" (hereinafter collectively referred to as "Development Contract/Addendums" be
assigned to Greyha and. C_irey has agreed to the assignment.
AGREEMENT
1. ASSIGNMENT. The City approves the assignment of the Development
ContractiAddendums from. Wyatt to Greyhawk.
2. BINDING EFFECT. Greyhawk agrees to be bound by the Development
Contract/Addendums to the same extent as Ir it • had been the original ddr't�v
p r to the vcveiEipilirnt.
ContractiAddendurns. Greyhawk shall be responsible for all work previously performed by
Tollefson and Wyatt under the Development. Contract/.Addendurns.
3. CASH ESCROWS, CREDITS AND UNPAID BILLS. Cash escrows and credits
referred to in the Development Contract/Addendums are transferred to Greyhawk subject to the
requirements of the Development Contract/Addendums. Any unpaid bills or obligations of Wyatt
that are due or that may become due under the Development. Contract/Addendums are assumed by
Greyhawk.
4. NOTICES. Required notices to the Greyhawk shall be in writing, 'and shall be
either hand delivered to Greyhawk, its employees or agents, or mailed to tireyhawk by registered
mail at the following address:
Greyhawk Properties, LLC
10621 165 Street West
Lakeville, Minnesota 55044
Ci7 &61v! 2
r Remaifd of Page Intentionally Left Blank]
Dated: _.__. _.___._.... , 20 CITY OF LAKE: LLE
167861v1
(SEAL)
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
13Y:
AND
3
Mark .Bellows, Mayor
Charlene Friedges City Clerk
The foregoing instrument was acknowledged before. me this day of
, 20 y , by Mark Bellows and by Charlene Fri.edges, respectively the Mayor and
City Clerk of the City of Lakeville, a Minnesota municipal corporation on behalf of the corporation
and pursuant to the authority granted by its City Council,.
NOTARY PUBLIC
Dated - „ 20 r2 WYAT . "DEL POINTER II, EEC
STATE OF MINNESOTA )
)ss.
COUNTY OF dp,(4p41 )
167S6lvt 4
\ •
BY:
/ fames eter Deanovic
'Os Chi Nivlanger
ate foregoing instrument was acknowledged before me this td day of
, 2012._ , by James Peter Deanovic_lhe_Cbief Manger of Wyatt Pudel Pointer I,
LTC, a Minnesota limited liability company, on hAalf of the erripany.
. NOTARPUB UC
Dated: C.. keCeAA.1.6k, 20. (.
STATE OF MINNESOTA )
)!
COUNTY OF ( 4014k, )
The foregoing instrur e
by
Greybawk Properties, LLC, a Minnes
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
3 17 Eagandale Office Center
1380 Corporation Center Curve
Eafzan, Minnesota 55121
Telephone: 651-452-5000
.RNIK/cjh
167861v1
GREYHAWK PROPERTIES, LLC
5
BY: _
i L tt-
was acknowledged before me this 1. day of
the Chief Manager of
mited liability ';ompany„ on behalf of the company.
nef Manager
NOTAiVPUBLIC
PAULA DOROTHY BOWEN
NOTARY PUBLIC
MINNESOTA
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