Loading...
HomeMy WebLinkAboutItem 06.j• • • ☐☐ 1 199512v1 (reserved for recording information) FIRST AMENDMENT TO DEVELOPMENT CONTRACT ASPEN GROVE 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 FO ONE DEVELOPMENT, LLC, a Minnesota limited liability company (hereinafter referred to as the "Developer"). RECITALS A. The City and Developer previously entered into a Development Contract dated September 17, 2018 for the property legally described on Exhibit “A” attached hereto and made a part hereof. B. City desires to modify the terms of the Development Contract to include additional landscape requirements NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 2 199512v1 1. EFFECT OF DEVELOPMENT CONTRACT. The Development Contract shall remain in full force and effect except as specifically amended herein. 2. AMENDMENT TO PARAGRAPH 28. Paragraph 28 of the Development Contract is amended to read as follows: 28. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or lot purchaser shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat, one of which must be planted in the front yard. Trees that are chosen by the Developer or property owner cannot cause a public nuisance, such as cotton producing trees, or trees that may become a public hazard due to insect infestation or weak bark. The minimum deciduous tree size shall be two and one-half (2½) inches caliper, balled and burlapped. Evergreen trees must be at least eight feet (8’) tall. The trees may not be planted in the right-of-way. The Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the rear of the structure on ever y lot. Weather permitting, the trees, sod, and seed shall be planted within sixty (60) days after a home has received a certificate of occupancy. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished the City to guarantee compliance with the landscaping requirements. If the landscaping is not completed in a timely manner, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the landscaping the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer or property owner is responsible for contacting the City when all the landscaping has been installed to set up an inspection. Fifty percent (50%) of the security will be released when all the landscaping has been installed and inspected by City staff and the remaining fifty percent (50%) will be released one year after the landscaping inspection and any warranty work has been completed. 3 199512v1 Landscaping shall be installed by the Developer in accordance with the approved landscape plan. The Developer shall post a security in the amount of $3,500.00 at the time of final plat approval to ensure that the landscaping is installed in accordance with the approved plan. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed on or as of the date first above written. 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 6 199512v1 EXHIBIT “A” TO FIRST AMENDMENT TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as Aspen Grove The West 242.39 feet of the South 470.3 feet of that part of the South Half of the Northeast Quarter lying East of the West 1663.8 feet therof in Section 28, Township 114, Range 20, Dakota County, Minnesota. AND The W est 1663.80 feet of that part of the South Half of the Northeast Quarter of Section 28, Township 114, Range 20, Dakota County, Minnesota, lying Southerly of the North 1054.00 feet thereof. AND The South 288 feet of the North 1054 feet of the West 1663.80 feet of the South Half of the Northeast Quarter of Section 28, Township 114, Range 20, Dakota County, Minnesota. (All Parcels are Abstract Parcels) 1 199514v1 (reserved for recording information) FIRST AMENDMENT TO DEVELOPMENT CONTRACT CEDAR CROSSINGS 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 ARCON LAND II, LLC, a Minnesota limited liability company (hereinafter referred to as the "Developer"). RECITALS A. The City and Developer previously entered into a Development Contract dated October 1, 2018 for the property legally described on Exhibit “A” attached hereto and made a part hereof. B. City desires to modify the terms of the Development Contract to include additional landscape requirements NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 2 199514v1 1. EFFECT OF DEVELOPMENT CONTRACT. The Development Contract shall remain in full force and effect except as specifically amended herein. 2. AMENDMENT TO PARAGRAPH 26. Paragraph 26 of the Development Contract is amended to read as follows: 26. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or lot purchaser shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat, one of which must be planted in the front yard. Trees that are chosen by the Developer or property owner cannot cause a public nuisance, such as cotton producing trees, or trees that may become a public hazard due to insect infestation or weak bark. The minimum deciduous tree size shall be two and one-half (2½) inches caliper, balled and burlapped. Evergreen trees must be at least eight feet (8’) tall. The trees may not be planted in the right-of-way. The Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the rear of the structure on every lot. Weather permitting, the trees, sod, and seed shall be planted within sixty (60) days after a home has received a certificate of occupancy. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished the City to guarantee compliance with the landscaping requirements. If the landscaping is not completed in a timely manner, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the landscaping the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer or property owner is responsible for contacting the City when all the landscaping has been installed to set up an inspection. Fifty percent (50%) of the security will be released when all the landscaping has been installed and inspected by City staff and the remaining fifty percent (50%) will be released one year after the landscaping inspection and any warranty work has been completed. 3 199514v1 Landscaping shall be installed by the Developer in accordance with the approved landscape plan. The Developer shall post a security in the amount of $15,000.00 at the time of final plat approval to ensure that the landscaping is installed in accordance with the approved plan. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed on or as of the date first above written. 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 5 199514v1 EXHIBIT “A” TO FIRST AMENDMENT TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as Cedar Crossings The North 1,616.00 feet of the East 1616.00 feet of the Southeast Quarter of Section 28, Township 114 North, Range 20 West, Dakota County, Minnesota. And That part South Half of the Northeast Quarter lying east of the West 1663.8 feet thereof, Dakota County Minnesota, described as follows: Commencing at the southeast corner of said South Half of the Northeast Quarter, thence on an assumed bearing of South 89 degrees 58 minutes 28 seconds West, along the south line of said South Half of the Northeast Quarter, a distance of 90.00 feet to the point of beginning of the land to be described; thence North 00 degrees 26 minutes 24 seconds East, along the west right of way line of Cedar Avenue as shown on Dakota County Road Right of Way Map No. 229, a distance of 40.00 feet, thence South 89 degrees 58 minutes 28 seconds West a distance of 205.32 feet; thence westerly a distance of 209.15 feet along a tangential curve, concave to the south, having a central angle of 22 degrees 11 minutes 30 seconds and a radius of 540.00 feet to said south line, thence North 89 degrees 58 minutes 28 seconds East, along said south line, a distance of 408.96 feet to the point of beginning. 7 199514v1 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP/smt 1 199512v1 (reserved for recording information) FIRST AMENDMENT TO DEVELOPMENT CONTRACT KNOB HILL OF LAKEVILLE 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 KJ WALK, INC., a Florida corporation (hereinafter referred to as the "Developer"). RECITALS A. The City and Developer previously entered into a Development Contract dated _________, 2018 for the property legally described on Exhibit “A” attached hereto and made a part hereof. B. City desires to modify the terms of the Development Contract to provide the Developer with a cost reimbursement for the oversizing in connection with construction of 179th street and to include additional landscape requirements. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 2 199512v1 1. EFFECT OF DEVELOPMENT CONTRACT. The Development Contract shall remain in full force and effect except as specifically amended herein. 2. AMENDMENT TO PARAGRAPH 19. Paragraph 19 of the Development Contract is amended to read as follows: 19. 179th STREET (FUTURE CSAH 9). The Developer shall construct 179th Street from Pilot Knob Road west to the intersection with Eventide Way with the final plat. The design for 179th Street must be reviewed and approved by Dakota County. A “Future Street Extension” sign and barricades shall be installed by the Developer at the west terminus of the roadway. The Developer shall construct 179th Street from Eventide Way to its existing terminus in Autumn Meadows 4th Addition at the time; (i) Outlot D is final platted into lots and blocks, or; (ii) Outlot E is final platted into lots and blocks, or; (iii) By November 30, 2020 if neither Outlot is final platted. The City will provide the Developer with a credit to construct the roadway outside of the plat boundary adjacent to Autumn Meadows. The Developer shall pay 100% of the costs to construct 179th Street. The Developer is eligible for reimbursement for costs above the standards of a City collector roadway, consistent with Dakota County Highway Transportation policy. The City will reimburse the Developer for the County’s share of the project costs in accordance with the Joint Powers Agreement for Engineering and Highway Construction Between the County of Dakota and the City of Lakeville for County Project No. 97-191/City Project No. 18-09 (“JPA”). The reimbursement amount shall not exceed $690,000.00 and shall be paid to the extent collected by the City from the County under the terms of the JPA, and within 30 days’ receipt of payment by the City. Developer shall comply with all terms of the JPA in constructing the improvements required under the JPA and this Agreement. 3. AMENDMENT TO PARAGRAPH 27. Paragraph 27 of the Development Contract is amended to read as follows: 3 199512v1 27. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or lot purchaser shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat, one of which must be planted in the front yard. Trees that are chosen by the Developer or property owner cannot cause a public nuisance, such as cotton producing trees, or trees that may become a public hazard due to insect infestation or weak bark. The minimum deciduous tree size shall be two and one-half (2½) inches caliper, balled and burlapped. Evergreen trees must be at least eight feet (8’) tall. The trees may not be planted in the right-of-way. The Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the rear of the structure on every lot. Weather permitting, the trees, sod, and seed shall be planted within sixty (60) days after a home has received a certificate of occupancy. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished the City to guarantee compliance with the landscaping requirements. If the landscaping is not completed in a timely manner, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the landscaping the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer or property owner is responsible for contacting the City when all the landscaping has been installed to set up an inspection. Fifty percent (50%) of the security will be released when all the landscaping has been installed and inspected by City staff and the remaining fifty percent (50%) will be released one year after the landscaping inspection and any warranty work has been completed. Landscaping shall be installed by the Developer in accordance with the approved landscape plan. The Developer shall post a security in the amount of $ 18,300.00 at the time of final plat approval to ensure that the landscaping is installed in accordance with the approved plan. 4 199512v1 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) 5 199512v1 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 8 199512v1 EXHIBIT “A” TO FIRST AMENDMENT TO DEVELOPMENT CONTRACT Legal Description of Property The South ½ of the Southeast ¼ of Section 11, Township 114, Range 20, Dakota County, Minnesota.