HomeMy WebLinkAboutItem 06.hLakeville
fuly 30, 2015
AVONLEA
AMENDMENT TO DEVELOPMENT CONTRACT
August 3, 2015 City Council Meeting
Proposed Action
Item No.
Staff recommends adoption of the following motion: Move to approve the Amendment to
Development Contract - Avonlea.
Passage of this motion will result in amending specified terms of the development contract.
Overview
The Amended Avonlea Development Contract includes reimbursement to the Developer for
stream and wetland restoration projects within the Mattamy development. The Developer
will design, permit and construct stream and wetland restoration improvements with
construction of the Avonlea public improvements. The City and Vermillion River Watershed
Joint Powers Organization (VRWJPO) will enter into a Joint Powers Agreement (JPA) such that
the VRWJPO will fund 100% of the stream restoration cost and 50% of the wetland restoration
cost. The City will reimburse the Developer 100% of the stream restoration cost and 50% of
the wetland restoration cost after the VRWJPO inspects and approves the work. The
Developer is responsible for meeting the City's obligations under Article 6 of the JPA between
the VRWJPO and the City. The reimbursement amount will not exceed the funding provided
by the VRWJPO.
Primary Issues to Consider
• What is the benefit of the stream and wetland restoration projects? The restoration
projects will provide increased floodplain storage, a re -meandered stream, enhanced
vegetation and a reduction in the overall runoff rate from the Mattamy development.
Supporting Information
• Amendment to Development Contract - Avonlea
Financial Impact: None Budgeted:
Related Documents (CIP, ERP, etc.):
Community Values: Good Value for Public Services
N/A Source:
N/A
(reserved for recording information)
AMENDMENT TO DEVELOPMENT AGREEMENT
A VONLEA
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 MATTAMY MINNEAPOLIS, LLC, a Delaware limited liability company, as
successor by conversion to MATTAMY (MINNEAPOLIS) PARTNERSHIP, a Minnesota general
partnership (the "Developer").
1. The Development
Contract dated , 20_,
and filed
for record with the
Dakota County Recorder on
, 2015, as Document No.
for the
plat of Avonlea (the
"Development Contract") shall remain in full force and effect except as specifically amended herein.
2. Paragraph 28 of the Development Contract is amended to read as follows:
28. WETLANDS. The wetland delineation approved on September 10, 2013, identified four
wetland areas on the parent parcels. A wetland replacement plan was approved April 7, 2015. The
replacement plan identified 0.17 acres of wetland impacts necessary for the development of the property.
The required replacement of 0.34 acres is proposed to be withdrawn from the Thomas Mariska Wetland
Bank (Acct. # 1473) in Waseca County Major Watershed #38 in Bank Service Area #8. There are no
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credits available in major watershed #38 (Dakota). No wetland impacts can take place until the all of the
requirements for the Wetland Conservation Act have been fulfilled.
The Developer and the City of Lakeville are coordinating with the Vermillion River Watershed
Joint Powers Organization ("VRWJPO") to improve the watercourse located in Outlots F, G, and I and
wetlands located in Outlot K by increasing flood plain storage, re -meandering the stream, enhancing the
vegetation, and decreasing the overall runoff rate from the site. The design will be completed by the
Developer and reviewed by necessary agencies, and the improvements will occur concurrently with the
construction of the plat. The City of Lakeville and the VRWJPO will enter into a Joint Powers Agreement
(JPA) such that the VRWJPO will provide funding for 100% of the stream restoration cost and 50% of the
wetland restoration cost. The Developer is responsible for meeting the City's Obligations under Article 6
of the JPA between the VRWJPO and the City of Lakeville for the Middle Creek restoration project and
wetland restoration project within the Mattamy Homes Avonlea Development. The City will reimburse the
Developer 100% of the cost of the stream restoration improvements and 50% of the wetland restoration
improvements after the VRWJPO has inspected the improvements and determines that the work has
been completed to the standards outlined in the JPA. The reimbursement amount will not exceed the
funding provided by the VRWJPO.
The Developer is responsible for the establishment of the wetlands, buffers and waterways. All
previously disturbed wetland and wetland buffer shall be planted with a native seed mix. The Developer
must post a $21,900.00 security at the time of final plat approval to ensure seeding is established within
the Stream Buffer in Outlots F, G, I and K. The Developer must also post a $16,750.00 security at the
time of final plat approval to ensure seeding is established for Wetland Restoration in Outlot K. Native
seed, trees and shrubs will also be planted throughout the buffer and restoration areas. During the first
five (5) full growing seasons, except where the City has determined vegetation establishment is
acceptable, the owner or applicant must replant buffer vegetation where the vegetative cover is less than
ninety percent (90%). All wetlands, watercourses and required buffers will be placed in Outlots dedicated
to the City. Natural Area signs will be placed along rear property lines adjacent to the wetlands, buffers
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and ponding areas. The Developer shall post a $9,000.00 security at the time of final plat approval to
ensure the placement of Natural Area signs.
3. Except as specifically provided herein, the Development Contract remain 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 .2015.
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
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CITY OF LAKEVILLE
130
(SEAL)
AND
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
Matt Little, Mayor
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
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DEVELOPER:
MATTAMY MINNEAPOLIS LLC
Its
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
2015, by the of
Mattamy Minneapolis LLC, a Delaware limited liability company, as successor by conversion to Mattamy
(Minneapolis) Partnership, a Minnesota general partnership, on its behalf.
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651-452-5000
AMP/cjh
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MORTGAGE CONSENT
TO
DEVELOPMENT CONTRACT
PREMIER BANK, a Minnesota banking 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
STATE OF MINNESOTA
COUNTY OF
day of , 2015.
)ss.
PREMIER BANK
By.
Its:
The foregoing instrument was acknowledged before me this
2015, by , the _
Bank, a Minnesota banking 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
AMP/cjh
day of ,
of Premiere
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