HomeMy WebLinkAboutItem 06.nApril 17, 2015
CHOKECHERRY HILL ADDITION
AMENDMENT TO DEVELOPMENT CONTRACT
April 20, 2015 City Council Meeting
Proposed Action
Item No.
Staff recommends adoption of the following motion: Move to approve the Amendment to
Development Contract - Chokecherry Hill Addition.
Passage of this motion will result in amending specified terms of the development contract.
Overview
The Amended Chokecherry Hill Addition Development Contract includes the construction of
trunk watermain improvements and collector roadway improvements consistent with the
City's Water and Transportation Plans. The City will reimburse the Developer for these trunk
watermain and collector roadway improvements as they are adjacent to and extend outside
the plat boundaries. In addition, changes associated with the intersection of Dodd Boulevard
and 190th Street are included, as Dakota County will rebuild the intersection in 2016 with the
Dodd Boulevard Reconstruction project.
Attached is the Amendment to Development Contract — Chokecherry Hill Addition that
identifies the amended terms, and estimated costs of the trunk watermain and collector
roadway improvements.
Primary Issues to Consider
• What is the value of the trunk watermain and collector roadway improvements and
what is the project financing? See attached StaffAnalysis of Primary Issues
Supporting Information
• Amendment to Development Contract - Chokecherry Hill Addition
Zach ohns
City E eer
Financial Impact: $597,000 Budgeted:
Related Documents (CIP, ERP, etc.):
Community Values: Good Value for Public Services
Water Fund and Improvement
Yes Source: Construction Fund
Staff Analysis of Primary Issues
• What is the value of the trunk watermain and collector roadway improvements and
what is the project financing?
Trunk watermain improvements are associated with future water supply and storage
facility improvements and include a 24" raw water supply line and a 16" water
distribution line. These improvements 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.
The estimated cost of the trunk watermain improvements is $405,000. Funding will be
provided by the Water Trunk Fund.
Collector roadway improvements include the reconstruction of 190' Street at the
intersection of Holyoke Avenue (west junction - adjacent to the Holyoke Water Tower
site) and right turn lanes and left turn bypass lanes along Highview/Holyoke Avenue at
the intersections of 190th Street. These improvements will provide for increasing traffic
volumes and enhance roadway intersection operations, traffic flow and safety.
Funding will be provided by a transfer of $192,000 from the 2012 unencumbered fund
balance.
(reserved for recording information)
AMENDMENT TO DEVELOPMENT CONTRACT
CHOKECHERRY HILL ADDITION
THIS AMENDMENT TO DEVELOPMENT CONTRACT ("Amendment") is made this
day of , 2015, by and between the CITY OF LAKEVILLE, a Minnesota municipal
corporation ("City") and SHAMROCK DEVELOPMENT, INC., a Minnesota corporation (hereinafter
referred to as the "Developer").
1. The Development Contract dated October 21, 2013, and filed for record with the
Dakota County Recorder on January 22, 2014, as Document No. 2995644 for the plat of
Chokecherry Hills Addition (the "Development Contract") shall remain in full force and effect
except as specifically amended herein.
2. Paragraph 12 of the Development Contract is amended to read as follows:
12. TIME OF PERFORMANCE. The Developer shall install all required public
improvements by June 30, 2015, with the exception of the final wear course of asphalt on
streets.
1
1811630
3. The following paragraph is added to Paragraph 21, WATERMAIN of the
Development Contract:
Development of Chokecherry Hill Addition also includes public watermain
construction associated with future City water supply and storage facility improvements.
24" watermain (future raw water supply line) will be installed within 190th Street right-of-
way from Dodd Boulevard to the City -owned parcel located at the southwest comer of
Holyoke Avenue and 190th Street ("City property"). 16" watermain (future trunk
watermain line) will be installed within the City property to serve the future elevated
water storage tank. The Developer is eligible for reimbursement for installing these
public water supply improvements. The estimated reimbursement is $405,000.
4. The third paragraph in Paragraph 23, PARK DEDICATION of the Development
Contract is amended to read as follows:
The Chokecherry Hill Addition includes the construction of a bituminous trail. A
bituminous trail shall be constructed by the Developer along the north side of 190th Street,
from Iden Avenue to the east plat boundary, consistent with the City's Parks, Trails and
Open Space Plan. The Developer is eligible for a credit to the Park Dedication Fee for the
City's 3/8th portion of the trail costs (excluding grading and restoration), consistent with the
Subdivision Ordinance. The credit for the 190th Street trail improvements is calculated as
follows:
$33,372.50
1X 3/8
= $12,514.69
Total Estimated Cost for 190" Street Trail
I City's 3/8t Portion
I Total Credit
The Developer shall pay a cash fee of $4,228.13 for 5/8th of the future trail construction
costs along the north side of 190th Street, from Dodd Boulevard to Iden Avenue.
2
181163v1
5. Paragraph 28.13, SPECIAL PROVISIONS of the Development Contract is
amended to read as follows:
The Developer shall construct 190th Street from just west of Iden Avenue to the
east plat boundary of the Summerlyn North preliminary plat and furnish a $275,000 cash
escrow security. The City will enter into an agreement for engineering services with a
consulting engineering firm to design 190th Street to state aid standards for a major
collector. The Developer shall reimburse the City for the cost of the engineering
services.
The Developer shall pay a cash fee of $66,675.51 for the future construction of
190th Street from Dodd Boulevard to just west of Iden Avenue.
6. Paragraph 28.C, SPECIAL PROVISIONS of the Development Contract is
amended to read as follows:
The Developer shall pave 190th Street from the east plat boundary of the
Summerlyn North preliminary plat to Holyoke Avenue within the limits of the existing
roadbed if Parcel ID's 22-02000-25-014, 22-02000-25-019, and 22-02000-010-22 have
not been final platted. The Developer is eligible for reimbursement for reconstructing
190th Street from the east plat boundary of the Summerlyn North preliminary plat to
Holyoke Avenue outside the limits of the existing roadbed. The estimated
reimbursement is $58,000.
7. Paragraph 28.D, SPECIAL PROVISIONS of the Development Contract is deleted.
8. Paragraph 28.Q, SPECIAL PROVISIONS of the Development Contract is added to
read as follows:
The Developer shall construct right turn lanes and left turn bypass lanes along
Holyoke/Highview Avenue at the intersections of 190th Street. The Developer is eligible
for reimbursement for the Holyoke/Highview Avenue turn lane improvements. The
estimated reimbursement is $135,000.
3
181163v1
9. Except as specifically provided herein, the Development Contract remains
unchanged and in full force and effect. Capitalized terms not otherwise defined herein shall have
the meanings ascribed to them in the Development Contract.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed this
day of 12015.
Remainder of Page Intentionally Left Blank.
Signature Pages Follow.
4
181163v1
CITY OF LAKEVILLE
BY:
Matt Little, Mayor
(SEAL)
AND:
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of
, 2015, by Matt Little and by Charlene Friedges, 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
181163v1
DEVELOPER:
SHAMROCK DEVELOPMENT, INC.
4
BY:
Its CM/ resid t
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknor
April 2015, by M'
CEDLVice President of
corporation, on behalf of said corporation.
NOTARY
Aft ANWLAJZ&W
MYrAWPWW-MNM30TA
HIYCOMMISSI�I E>a'Ii�S O1p1�d0
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651-452-5000
RNK:cjh
1811630
before me this 17th day of
the
e joftent, Inc., a Minnesota
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
D.R. Horton, Inc. -Minnesota, a Delaware corporation, fee owner of all or part of the subject
property, the development of which is governed by the foregoing Development Contract, affirms
and consents to the provisions thereof and agrees to be bound by the provisions as the same
may apply to that portion of the subject property owned by it.
Dated this day of , 2015.
D.R. HORTON, INC. -MINNESOTA
BY:
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
Its
The foregoing instrument was acknowledged before me this day of ,
2015, by the of D. R.
Horton, Inc. -Minnesota, a Delaware corporation, on behalf of said corporation.
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
651-452-5000
RNK:cjh
7
181163v1
MORTGAGE CONSENT
TO
DEVELOPMENT CONTRACT
PREMIER BANK, a Minnesota bank corporation, which holds a mortgage on the subject
property, the development of which is governed by the foregoing Development Contract, agrees
that the Development Contract shall remain in full force and effect even if it forecloses on its
mortgage.
Dated this _L'L day of , 2015.
It
STATE OF MINNESOTA )
) ss.
COUNTY OF _J2,�±)
foregoing instrument
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Cure
Eagan, Minnesota 55121
651-452-5000
RNK:cjh
181163v7
PREMIER BANK
By:
Its: Ch -17
me this E?:day of
of
NOTARY PUBLIC
the
corporation, on
------------
DENISE R. K0101*9lEq
NOTARY PUBLIC
MINNES07A
MV COMMISSION EXPIRES JAN 31.2020