HomeMy WebLinkAboutItem 06.o
Item No.
ENCLAVE AT ST. FRANCES WOODS
SECOND AMENDMENT TO DEVELOPMENT CONTRACT
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Second Amendment
to Development Contract – Enclave at St. Frances Woods.
Overview
The Enclave at St. Frances Woods Development Contract requires the removal of an existing
private retaining wall that encroaches onto Lots 23 and 24, Block 3, Enclave at St. Frances
Woods. The wall was previously constructed with the St. Frances Woods 8th Addition
development improvements on Lot 3, Block 1, St. Frances Woods 8th Addition and intentionally
extended onto Outlot A, St. Frances Woods 8th Addition as a cost-effective measure in
anticipation of a future building. Enclave at St. Frances Woods is a re-plat of Outlot A, St.
Frances Woods 8th Addition and ownership of the entire wall is now held by multiple property
owners. The property owners have entered into an agreement that creates a private easement
area along the wall and establishes maintenance, repair and replacement responsibilities for each
respective parcel owner. The City Attorney reviewed the agreement and supports approval of the
Second Amendment to Development Contract – Enclave at St. Frances Woods that eliminates
the stipulation to remove the wall.
Primary Issues to Consider
• None
Supporting Information
• Second Amendment to Development Contract - Enclave at St. Frances Woods
• Declaration of Mutual Easements and Real Covenants
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Good Value for Public Services
Notes:
Report Completed by: Zach Johnson, City Engineer
January 17, 2017
None
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(reserved for recording information)
SECOND AMENDMENT
TO
DEVELOPMENT CONTRACT
ENCLAVE AT ST. FRANCES WOODS
THIS AMENDMENT TO DEVELOPMENT CONTRACT (“Amendment”) is made this 17 th
day of January, 2017, by and between the CITY OF LAKEVILLE , a Minnesota municipal
corporation (“City”) and ENCLAVE AT ST. FRANCIS WOODS, LLC, a Minnesota limited liability
company (hereinafter referred to as the "Developer").
1. The Development Contract dated September 2, 2014, and filed for record with the
Dakota County Recorder on October 15, 2014, as Document No. 3034332 for the plat of Enclave
at St. Frances Woods (the “Development Contract”) as amended by Amendment to Development
Contract for Enclave at St. Frances Woods, dated September 15, 2014, and filed for record with
the Dakota County Recorder on October 15, 2014, as Document No. 3034333 (“First
Amendment”) shall remain in full force and effect except as specifically amended herein.
2. Paragraph 28C of the Development Contract is amended to read as follows:
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A. The Enclave at St. Frances Woods site consists of previously graded portions of
the St. Frances Woods 8th Addition. Several of the existing bump out parking
stalls along Kaiser Way must be removed as shown on the final grading and
drainage plan. The Developer must provide a $2,000.00 security at the time of
final plat approval for the removal and restoration of the parking stalls. There is an
existing block retaining wall located behind proposed Lots 23 and 24, Block 3.
This retaining wall may remain provided the owners of Lots 23 and 24, Block 3
enter into a maintenance agreement for the future maintenance and repair of the
retaining wall in a form acceptable to the City. The Developer holds the City and
its officers, employees, and agents harmless from claims made by itself and third
parties for damages sustained or costs incurred resulting from the Amendment and
retention of the retaining wall. The Developer shall indemnify the City and its
officers, employees, and agents for all costs, damages, or expenses which the City
may pay or incur in consequence of such claims, including attorneys' fees. The
$6,000.00 security previously provided by Developer to ensure removal of the
retaining wall may be released upon recording of this Amendment and the
approved maintenance agreement against the affected parcels.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed this
17 th day of January, 2017.
Remainder of Page Intentionally Left Blank.
Signature Pages Follow.
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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
______________, 2017, 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
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DEVELOPER:
ENCLAVE AT ST. FRANCIS WOODS, LLC
BY:
Its
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ______ day of ____________
2016, by ______________________________________ the __________________ of Enclave at
St. Francis Woods, LLC, a Minnesota limited liability company, on behalf of said company.
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
AMP/cjh
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MORTGAGE CONSENT
TO
DEVELOPMENT CONTRACT
COMMERCE 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 _____ day of ____________, 2016.
COMMERCE BANK
By:
Its:
STATE OF MINNESOTA )
)ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of
________________, 2016, by ________________________, the ______________________ of
Commerce Bank, 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
651-452-5000
AMP/cjh