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HomeMy WebLinkAboutItem 06.i  ☐☐ 1 190519v1 (reserved for recording information) AMENDMENT TO DEVELOPMENT CONTRACT KENWOOD PLACE THIS AMENDMENT TO DEVELOPMENT CONTRACT (“Amendment”) is made this ____ day of _____________, 2016, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”) and THE JARVIS COMPANY, LLC, a Minnesota limited liability company (hereinafter referred to as the "Developer"). 1. The Development Contract dated December ___, 2016, and filed for record with the Dakota County Recorder on December ____, 2016, as Document No. ____________ for the plat of Kenwood Place (the “Development Contract”) shall remain in full force and effect except as specifically amended herein. 2. Paragraph 23 of the Development Contract is amended to read as follows: 23. OVERHEAD LINES. Consistent with the City’s Public Ways and Property Ordinance, the existing overhead utility lines and poles that are located within Lot 1, Block 3, Kenwood Place and within the 172nd Street right-of -way adjacent to the lot must be placed 2 190519v1 underground. The burial of these lines must be done in conjunction with the development of Lot 1, Block 3, Kenwood Place and the owner/building permit applicant shall either post a security to cover the full cost of the burial prior to the issuance of a building permit or provide evidence that the utility company has been paid in advance for the full cost of the work to ensure that the overhead utility lines and poles are removed. The amount of the security will be determined prior to the issuance of the building permit, based on an estimate to be provided by the utility company. The overhead utility lines and poles must be removed prior to the issuance of a certificate of occupancy on Lot 1, Block 3, Kenwood Place. 3. Paragraph 31, Item G. “Remove Overhead Utilities” in the amount of $20,000.00 is deleted and total amount of securities is amended to read: $707,283.91. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed this _____ day of ___________________, 2016. Remainder of Page Intentionally Left Blank. Signature Pages Follow. 3 190519v1 CITY OF LAKEVILLE BY: Matt Little, Mayor (SEAL) AND: Charlene Friedges, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2016, 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