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197568v2
(reserved for recording information)
FIRST AMENDMENT
TO
DEVELOPMENT CONTRACT
BETHLEHEM FIRST ADDITION
THIS FIRST AMENDMENT TO DEVELOPMENT CONTRACT (“Amendment”) is made this
____ day of _____________, 2018, by and between the CITY OF LAKEVILLE, a Minnesota
municipal corporation (“City”) and KINGSPATH SENIOR MINISTRIES INC., a Minnesota nonprofit
corporation (hereinafter referred to as the "Developer").
RECITALS
A. The City and Developer previously entered into a Development Contract dated
October 2, 2017, and filed for record with the Dakota County Recorder on _______, 201_, as
Document No. _____________ for the plat of Bethlehem First Addition (the “Development
Contract”).
B. Developer desires to modify its development by constructing a 55 unit apartment
building instead of a 70 unit apartment building as originally approved and may construct the
remaining 15 units at a later date.
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C. Developer desires to modify the terms of the Development Contract to reflect the
revised plans and reduction in units.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. EFFECT OF DEVELOPMENT CONTRACT. The Development Contract shall
remain in full force and effect except as specifically amended herein.
2. AMENDMENT TO PARAGRAPH 7. Paragraph 7 of the Development Contract is
amended to read as follows:
7. DEVELOPMENT PLANS. The plat shall be developed in accordance with
the following plans. The plans shall not be attached to this Contract. With the exception of Plans A,
B, C, and F the plans may be prepared, subject to the City Engineer’s approval, after entering the
Contract, but before commencement of any work in the plat. The City Engineer may approve minor
amendments to Plan B without City Council approval. The erosion control plan may also be
approved by the Dakota County Soil and Water Conservation District. If the plans vary from the
written terms of this Contract, the written terms shall control. The plans are:
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan, dated April 20, 2018
Plan C - Tree Preservation Plan, dated April 20, 2018
Plan D - Plans and Specifications for Public Improvements, dated _______
Plan E - Street Lighting Plan, dated July 11, 2017
Plan F - Landscape Plan, dated April 20, 2018
2. AMENDMENT TO PARAGRAPH 12. 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.
3. AMENDMENT TO PARAGRAPH 23. Paragraph 23 of the Development Contract
is amended to read as follows:
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23. PARK DEDICATION. The Developer shall pay a cash contribution of
$111,760.00 at the time of final plat approval in satisfaction of the City’s park dedication
requirements. The Park Dedication Fee is based on the rate in effect at the time of final plat
approval, calculated as follows:
55 units x $2,032.00 = $111,760.00
Residential Units in Lot 1, Block 1
Bethlehem First Addition
High Density Park Dedication Fee Park Dedication Requirement
For expansion of the building beyond 55 units, additional park dedication fees shall be paid
for any additional units prior to issuance of a building permit for additional units at the rate in effect
at the time the building permit is issued.
4. AMENDMENT TO PARAGRAPH 24. Paragraph 24 of the Development Contract
is amended to read as follows:
24. STREET LIGHT OPERATION COSTS. The Developer shall pay to the City
$1,926.65 at the time of final plat approval in payment of the first year operating costs for street
lights. The fee was calculated as follows:
55 units x $35.03/unit = $1,926.65
Dwelling Units Streetlight Operating Fee Total
For expansion of the building beyond 55 units, additional street light operation costs shall be paid
for any additional units prior to issuance of a building permit for additional units at the rate in effect
at the time the building permit is issued.
5. AMENDMENT TO PARAGRAPH 25. Paragraph 25 of the Development Contract
is amended to read as follows:
25. ENVIRONMENTAL RESOURCES EXPENSES. The Developer shall pay
to the City at the time of final plat approval $511.50 in payment of the first year environmental
resources expenses for the subdivision. The fee was calculated as follows:
55 units x 0.25 x $9.30/unit/quarter x 4 = $511.50
Dwelling Units - Lot 1,
Block 1
Bethlehem First Addition
Apartment Utility
Factor
Environmental Resources
Fee
Quarters per
year
Total
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For expansion of the building beyond 55 units, additional environmental resources fees shall be
paid for any additional units prior to issuance of a building permit for additional units at the rate in
effect at the time the building permit is issued.
6. AMENDMENT TO PARAGRAPH 29. Paragraph 29 of the Development Contract
is amended to read as follows:
29. SUMMARY OF CASH REQUIREMENTS. The following is a summary of
the cash requirements under this Contract which must be furnished to the City prior to the City
Council signing the final plat:
A. Park Dedication Fee $ 111,760.00
B. Trunk Storm Sewer Area Charge 35,950.07
C. Streetlight Operating Fee 1,926.65
D. Environmental Resources Fee 511.50
E. City Base Map Updating 180.00
F. City Engineering Administration 2,580.00 (3% for letters of credit or 3.25% for alternate disbursement)
TOTAL CASH REQUIREMENTS $ 152,908.22
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed on or
as of the date first above written.
[Remainder of Page Intentionally Left Blank.]
[Signature Pages Follow.]
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197568v2
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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First Addition
plat area
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City of Lakeville
Bethlehem First Add
Final Plat
OUTLOT ALOT 1BLOCK 1DEPARTMENT OF PROPERTY TAXATION AND RECORDSCOUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTACITY COUNCIL, CITY OF LAKEVILLE, MINNESOTACOUNTY SURVEYOR, DAKOTA COUNTY, MINNESOTASURVEYORS CERTIFICATEBETHLEHEM FIRST ADDITION