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HomeMy WebLinkAboutItem 06.iLakeville September 10, 2014 Item No. STONE RIDGE SOUTH DEVELOPMENT CONTRACT ASSIGNMENT SEPTEMBER 15, 2014 CITY COUNCIL MEETING Proposed Action Staff recommends adoption of the following motion: Move to approve the development contract assignment for Stone Ridge South from AEG, LLC to KJ Walk, LLC. Adoption of this motion will authorize the transfer of the development contract and the development of the Stone Ridge South subdivision from AEG, LLC to KJ Walk, LLC. Overview On October 7, 2013, the City Council approved the final plat of eight single family lots and a development contract for Stone Ridge South located west of Kenwood Trail and north of Jordan Trail. KJ Walk, LLC has purchased the property from AEG, LLC and is requesting the assignment of the development contract approval in October, 2013 so they can develop the site. Primary Issues to Consider Is the Stone Ridge South development contract assignment in compliance with the approved Stone Ridge South final plat? The assignment will not alter the approved final plat. KJ Walk, Inc. will be responsible for carrying out the terms of the Stone Ridge South development contract and developing the site consistent with the final plat plans approved by the City Council on October 7, 2013. Supporting Information • Request to assign development contract to KJ Walk, Inc. • Signed development contract assignment • Stone Ridge South final plat ti Frank DempseyICP,Assoea'tePladner Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning and Subdivision Ordinances Notes: ASSIGNMENT AGREEMENT made this day of , 2014, by, between and among the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City"), AEG, LLC, a Minnesota limited liability company ("AEG") and KJ WALK, INC., a Florida corporation ("KJ Walk"). RECITALS A. The City approved a Development Contract with AEG on October 7, 2013 for STONE RIDGE SOUTH ("Development Contract"), for property located within the City of Lakeville, legally described as follows: Outlot C, Stone Ridge First Addition, according to the recorded plat thereof, Dakota County, Minnesota B. The Development Contract was executed by AEG, but not recorded; C. AEG and KJ Walk have requested that the Development Contract be assigned by AEG to KJ Walk and that it be revised to reflect KJ Walk as the developer prior to recording; D. The terms of the Development Contract require City approval of its assignment. AGREEMENT 1. ASSIGNMENT. The City approves the assignment of the Development Contract from AEG to KJ Walk and a revision of the Development Contract to reflect KJ Walk as Developer prior to recording. 2. BINDING EFFECT. KJ Walk agrees to be bound by the Development Contract to the same extent as if it had been the original party to the Development Contract. 3. CASH ESCROWS, CREDITS AND UNPAID BILLS. Cash escrows and credits 178007A referred to in the Development Contract are transferred to KJ Walk subject to the requirements of the Development Contract. Any unpaid bills or obligations of AEG that are due or that may become due under the Development Contract are assumed by KJ Walk. 4. NOTICES. Required notices to KJ Walk shall be in writing, and shall be either hand delivered to KJ Walk, its employees or agents, or mailed to KJ Walk by registered mail at the following address: KJ Walk, Inc. 6001 Egan Drive, Suite 100 Savage, MN 55378 Attention: Luke Israelson [Remainder of Page Intentionally Left Blank.] »soo7vi 2 Dated: , 2014. CITY OF LAKEVILLE Matt Little, Mayor (SEAL) Charlene Friedges, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2014, 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 17soo7vl Dated: -�>i- P q , 2014. KJ WALK, INC. BY: Its President STATE OF MINNESOTA ) )s. COUNTY OF The foregoing instrument was acknowledged before me this 'q Ai_ day of &r iCl`r1k)e(` , 2014, by Luke Israelson the President of KJ Walk, Inc., a Florida corporation, on behalf of the corporation. , AR UBLI AMY E. SKILLESTAD Notary PubliaAAinnesota f My n 6xpliea Jan 31, 2M5 DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 Telephone: 651-452-5000 AMP/cjh 178007vl //yDated: , 2014. STATE OF MINNESOTA ) )ss. COUNTY OF V4 n ru)01' tx ) AEG, LLC BY: t-/ W / V— Its ChietMangevrj/ \— foregoing instrument was acknowledged before me this 1� day of r(iriv ►' , 2014, by #nr"cr,WK(- 14--Aee%g j64Lhe Chief Manger of AEG, LLC, a Minnesota limited liability company, on behYNTARY company. it.s PUBLIC •fir' -~`�i ���..1.ITT J a 61 i.. 1780070