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196612V1
(reserved for recording information)
AMENDMENT TO DEVELOPMENT CONTRACT
CHOKECHERRY HILL 5TH ADDITION
THIS AMENDMENT TO DEVELOPMENT CONTRACT (“Amendment”) is made this ____
day of _____________, 2018, 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 _______________, 2018, for property
legally described as follows:
Outlot C, Chokecherry Hill 4th Addition, Dakota County, Minnesota.
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 November 30, 2019, with the exception of the final wear course of
asphalt on streets. The final wear course on streets shall be installed between August 15th
and October 15th the first summer after the base layer of asphalt has been in place one
freeze thaw cycle. The Developer may, however, request an extension of time from the
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196612V1
City. If an extension is granted, it shall be conditioned upon updating the security posted
by the Developer to reflect cost increases and the extended completion date. Final wear
course placement outside of this time frame must have the written approval of the City
Engineer.
3. 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 ___________________, 2018.
Remainder of Page Intentionally Left Blank.
Signature Pages Follow.
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196612V1
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
______________, 2018, 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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196612V1
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 _____ day of ____________, 2018.
PREMIER BANK
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of
________________, 2018, by ________________________________________ the
__________________________________ of Premier 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/smt
196403v1 1
ASSIGNMENT
ASSIGNMENT made this __________ day of _________________, 2018, by, between
and among the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City"),
SHAMROCK DEVELOPMENT, INC., a Minnesota corporation (“Developer”) and D.R.
HORTON, INC.-MINNESOTA, INC., a Delaware corporation (“Successor Developer”).
RECITALS
A. The City and Developer entered into a development contract for CHOKECHERRY
HILL 5TH ADDITION dated October __, 2016 (“Development Contract”).
B. Developer has requested the Development Contract be assigned to Successor
Developer for the property legally described as Outlot C, Chokecherry Hill 5th Addition, Dakota
County, Minnesota, according to the recorded plat thereof (“Property”).
C. Successor Developer will be acquiring the Property and has asked to assume the
rights and obligations of the Development Contract
D. Paragraph 34.L. of the Development Contract prohibits Developer from assigning
the Development Contract without written permission of the City Council.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS
THE PARTIES AGREE AS FOLLOWS:
1. ASSIGNMENT. Developer’s rights and obligations under the Development
Contract are assigned to the Successor Developer subject to the terms of this Assignment.
_________ shall be responsible for all legal expenses related to this Assignment. Successor
Developer accepts the assignment and agrees to be bound by the terms of the Development
Contract.
2. BINDING EFFECT. Successor Developer agrees to be bound by the Development
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Contract to the same extent as if it had been the original party to the Development Contract.
Successor Developer shall be responsible for all work previously performed by Developer under the
Development Contract.
3. CASH ESCROWS AND UNPAID BILLS. Cash escrows established by
Developer for remaining work required under the Development Contract are hereby assigned to
Successor Developer. Any unpaid bills or obligations of Developer that are due or that may become
due under the Development Contract are assumed by Successor Developer.
4. NOTICES. Required notices to the Successor Developer shall be in writing, and
shall be either hand delivered to Successor Developer, its employees or agents, or mailed to
Successor Developer by registered mail at the following address:
D.R. Horton, Inc.-Minnesota
1010 Dale St. N.
St. Paul, MN 55117-5603
5. EFFECTIVE DATE. This Assignment shall be effective when the City has
received from Successor Developer: a certificate of insurance in the amount and on the form
required by the Development Contract and a letter of credit from a bank acceptable to the City for
$____________________ as required by the Development Contract replacing the letter of credit
furnished by Developer.
6. RECORDING. This Assignment may be recorded against the Property and is
binding upon the parties, their successors, heirs, and assigns.
[Remainder of page intentionally left blank]
[Signature pages to follow]
196403v1 3
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
______________, 2018, by Douglas P. Anderson and by Charlene Friedges, respectively 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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Jenson, Kris
From:Angie Zajac <azajac@shamrockcompanies.com>
Sent:Monday, February 05, 2018 11:01 AM
To:Jenson, Kris
Subject:Chokecherry 5th Addition
Good Morning Kris: Please accept this email as a formal request to extend the plat approval for Chokecherry
Hill 5th Addition to May 31, 2019, assign the Developers Agreement to D.R. Horton Minnesota, and assign the
remaining escrow fees to D.R. Horton Minnesota.
We have entered into a purchase agreement on this property with D.R. Horton Minnesota. They will be closing
on the property in July 2018, and they intend to move forward and record the plat by spring of 2019.
Thanks,
Angie Zajac, Project Manager
Shamrock Development, Inc.
(763) 253‐4183
±
Chokecherry Hill 5th
Addition Final Plat
City of LakevilleLocation Map
Chokecherry Hill
5th Add. Final Plat
EXHIBIT A
H O L Y O K E A V E HIGHVIEWAVE188TH ST
189TH ST
HUNTLEY TRL
HOUSTON WAY HOLLANDDR190TH ST