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Home My WebLink AboutItem 06.i  ☐☐ 190667v1 (reserved for recording information) AMENDMENT TO DEVELOPMENT CONTRACT BERRES RIDGE 1ST ADDITION THIS AMENDMENT TO DEVELOPMENT CONTRACT (“Amendment”) is made this _____ day of ____________, 201__, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”) and BERRES RIDGE DEV. CO., LLC, a Minnesota limited liability company (the “Developer”). 1. The Development Contract dated May 4, 2015, and filed for record with the Dakota County Recorder on May 20, 2015 as Document No. 3067921 for the plat of Berres Ridge 1st Addition (the “Development Contract”) shall remain in full force and effect except as specifically amended herein. 2. Paragraph 30, subparagraph C, of the Development Contract is amended to read as follows: 30. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: C. The Phasing Plan approved as part of the Berres Ridge preliminary plat is hereby replaced with the revised Phasing Plan dated October 6, 2016 and attached as Exhibit 190667v1 A. The revised Phasing Plan requires that the portion of Lots 4 and 5, Block 2, Berres Ridge 1st Addition and Outlot G, Berres Ridge 2nd Addition to be platted as Lot 8, Block 9; Lots 19 and 20, Block 13; Lots 1 and 12, Block 23; Lots 9 and 10, Block 24; and Lot 18, Block 25, as identified on the approved Berres Ridge preliminary plat, not be final platted until: (i) A development contract is recorded for the above-referenced lots, shown as a part of Phase 5 on the revised Phasing Plan that provides for the construction of 200th Street to its connection with Hamburg Avenue, the upgrade of Hamburg Avenue between 200th Street and 202nd Street, the paving of 200th Street between Hamburg Avenue and Cedar Avenue, which may require subgrade correction prior to paving, at the Developer’s expense, and the appropriate letter of credit is provided to the City for the estimated costs of the construction of 200th Street and Hamburg Avenue; and (ii) The 80 foot right of way for 200th Street is dedicated by plat: and (iii) The necessary intersection improvements are completed at 202nd Street and Hamburg Avenue. (iv) Building permits may not be issued for the lots within Phase 5 and a final plat application will not be considered for the lots within Phases 6 and 7of the revised Phasing Plan until: a. One layer of asphalt has been installed on all streets within Phase 5 of the revised Phasing Plan; and b. The City has accepted the utilities required to be constructed within Phase 5 of the revised Phasing Plan; and c. All of the improvements required in Paragraph C.i, and C.iii (above) are completed and accepted by the City. 190667v1 A traffic analysis was done and reviewed in conjunction with the revised Phasing Plan. The City’s traffic engineering consultant reviewed the Berres Ridge Traffic Analysis and provided the following recommendations: (i) The Berres Ridge Traffic Analysis update found that there was not a need to add left and/or right turn lanes on 202nd Street at any of the study intersections (Heath Avenue and Highview Avenue) based on the intersection capacity analysis. (ii) However, the City and County may consider the need to add left and/or right-turn lanes on 202nd Street at the study intersections based on safety considerations alone. It would not be unreasonable to consider requiring the addition of left and/or right-turn lanes at the 202nd Street/Highview Avenue intersection, based upon the existing right turn and bypass lanes at Heath Avenue (iii) Based on the recommendations, the City and County will specifically monitor traffic safety at the 202nd Street/Heath Avenue, Highview Avenue, and Hamburg Avenue intersections until the CSAH 50 improvement project is completed in 2019. Should traffic safety concerns arise at these intersections, the City and County may require the Developer to construct appropriate low cost/early action traffic safety improvements (such as signing, pavement markings, lighting, shoulder widening, among others). 3. Paragraph 30, subparagraph L, of the Development Contract is amended to read as follows: 30. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: 190667v1 L. The Developer must pay for the removal of the existing overhead utility lines and poles that serve the existing farmstead located on Lot 5, Block 2, Berres Ridge 1st Addition. In addition, the Developer shall remove all existing private utility lines and poles adjacent to the Berres Ridge plat along the west side of Hamburg Avenue. The overhead utility removal will be required with Phase 5 consistent with the revised Phasing Plan approved with this Development Contract Amendment. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed this _____ day of ___________________, 201__. CITY OF LAKEVILLE By: ___________________________________________ Douglas P. Anderson, Mayor (SEAL) And __________________________________________ Charlene Friedges, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of ______________, 201__, by Douglas P. Anderson 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          Know what's R                           190667v1 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT Joanne Berres as Trustee of the Joanne Berres Marital Trust dated November 8, 2011, 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 ____________, 201__. JOANNE BERRES MARITAL TRUST DATED NOVEMBER 8, 2011 By: Joanne Berres, Trustee STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _____ day of _____________, 201__, by Joanne Berres as Trustee of the Joanne Berres Marital Trust dated November 8, 2011, on behalf of the trust. ________________________________________ Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP/jmo 190667v1 MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT KLEINBANK, a Minnesota banking corporation, which holds a mortgage on all or part of 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 _____ day of ____________, 201__. KLEINBANK By: Its: STATE OF MINNESOTA ) )ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _____ day of _____________, 201__, by _________________________________ the _________________________________ of KleinBank, a Minnesota banking corporation, on behalf of said corporation. ________________________________________ Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP/jmo