HomeMy WebLinkAboutItem 06.nProposed Action
Staff recommends adoption of the following motion: Dove to approve the First Amendment
to the Summerlyn 1St Addition Development Contract.
Passage of this motion will result in modifying the terms of the original development contract.
Overview
The City's Water Plan was recently updated and approved by the City Council on November 18,
2o13. The City's water distribution system was modeled as part of the update. Results of the
modeling indicated that the City's distribution system operated more efficiently with a 16"
trunk watermain extension within the Summerlyn 1" Addition subdivision. The Developer
agreed to install the trunk watermain improvements as part of the Summerlyn 1St Addition
improvements. The City will reimburse the Developer for the trunk infrastructure
improvements. The First Amendment to the Summerlyn 1st Addition Development Contract
establishes the cost of the trunk watermain improvements and terms for reimbursing the
Developer.
Pri ary Issues to Consider
ip What is the significance of the trunk watermain improvements? The location of the 16"
watermain will improve the hydraulic balance of the City's water distribution system
(i.e. provide consistent filling and draining of all the City's water towers) and the ability
to provide water Citywide during times of peak demand.
Supporting Information
® First Amendment to the Summerlyn 1St Addition Development Contract
Za Johns
Cit Engineer
Financial Impact: $105,579M
Related Documents (CIP, ERP, etc.):
Notes:
Budgeted: Yes Source: Water Fund
(Reserved for recording information)
FIRST A
DEVELOPMENT TO
CONTRACT
SUM: ERLYN 1sT ADDITION
AGREEMENT dated , 2013, by and between the CITY OF
LA]KEVILLE, a Minnesota municipal corporation ( "City "), and U.S. HOME
CORPORATION, a Delaware Corporation, d /b /a LENNAR (the "Developer ")
1. DEVELOPMENT CONTRACT. The City and the Developer entered into a
Development Contract for Summerlyn I" Addition dated April 1, 2013, and recorded with the
Dakota County Recorder on April 25, 2013, as Document No. 2945932 (the "Development
Contract "). The Development Contract shall remain in full force and effect except as specifically
amended by this First Amendment to Development Contract ( "First Amendment ")
2. AMENDMENT. Paragraph 31, Special Provisions, of the Development Contract
is amended by adding paragraph K to read as follows:
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K. The Developer shall install a 16" watermain from the intersection of
194 Street and Hazel Nut Avenue; then north through Hazel Nut
Avenue to the intersection of Huntington Avenue; then west through
Huntington Avenue to the north plat boundary of Outlot G, Summerlyn
1 St Addition. The City will reimburse the Developer $105,579.00 for
the 16" trunk watermain improvements upon completion and final
acceptance of the trunk watermain improvements. The $105,579
reimbursement is the cost difference between a 16" and 8" watermain.
IN WITNESS WHEREOF, this First Amendment to Development Contract was
executed by the parties the day and year first above written.
CITY OF LAKEVILLE
(SEAL)
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
Matt Little, Mayor
AND
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of
, 2013, by Matt Little and by Charlene Friedges, 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
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DEVELOPER:
U.S. HOME CORPORATION, d/b/a LENNAR
am
STATE OF MINNESOTA }
COUNTY OFD --.. }
The foregoing instrument was acknowledged before me this day of
- y s " 2013, by Jon Aune, the Vide - President of U.S. Home Coirparation, a
Delaware corporation, d/b/a Lennar, on behalf of said- corporatiog-,�:-.-0
N otar y Publzc
CAROL 1'boHEY y
Notary Pub
J b State of Minnesota
M comrnI lot EX ires
January 31 , 201
`•4 g g^ Y P
7
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
317 Eagandale Office Center
1384 Corporate Center Curve
Eagan, MN 55121
Telepbone: 651 -452 -5000
RNK/jm.o
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