HomeMy WebLinkAboutItem 06.g
Date: Item No.
AVONLEA 4TH ADDITION FIRST AMENDMENT TO DEVELOPMENT CONTRACT
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Avonlea 4th Addition
first amendment to development contract
Overview
Planning Department and Engineering Division staff recommend approval of the first
amendment to the Avonlea 4th Addition development contract. The amendment spells out the
reimbursement to the developer by Dakota County for the construction of 185th Street (future
CSAH 60) between Cedar Avenue and Hamburg Avenue to be completed in 2019 in conjunction
with the public improvements for Avonlea 4th Addition. The City Council approved a Joint
Powers Agreement (JPA) between the City and the County for the reimbursement of 185th Street
at their November 5, 2018 meeting. The Avonlea 4th Addition first amendment to development
contract includes language related to, and consistent with, the JPA.
Primary Issues to Consider
None
Supporting Information
• Signed Avonlea 4th Addition first amendment to development contract
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Daryl Morey, Planning Director
November 19, 2018
Avonlea 4th Addition Final Plat
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(reserved for recording information)
FIRST AMENDMENT
TO
DEVELOPMENT CONTRACT
AVONLEA 4TH ADDITION
THIS FIRST AMENDMENT TO DEVELOPMENT CONTRACT (“First Amendment”) dated
____________________, 2018, by and between the CITY OF LAKEVILLE, a Minnesota municipal
corporation (“City”), and MATTAMY MINNEAPOLIS LLC, a Delaware limited liability company, (the
“Developer”).
RECITALS
A. The City and Developer previously entered into a Development Contract dated July 18, 2018
and recorded with the Dakota County Recorder’s Office on September 27, 2018 as Abstract Document No.
3272858 and recorded with the Dakota County Registrar of Titles as Torrens Document No. 797577
(“Development Contract”).
B. The City and Developer desire to modify the terms of the Development Contract to provide the
Developer with a cost reimbursement for the oversizing in connection with construction of 185th street as
addressed in the Development Contract.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
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1. EFFECT OF DEVELOPMENT CONTRACT. The Development Contract shall remain in full
force and effect except as specifically amended herein.
2. AMENDMENT TO PARAGRAPH 23. Paragraph 23 of the Development Contract is
amended to read as follows:
23. 185TH STREET (FUTURE CSAH 60). The Developer shall construct 185th Street from Cedar
Avenue to Glenbridge Drive with the Avonlea 4th Addition improvements and from Glenbridge Drive to
Hamburg Avenue with the Avonlea 5th Addition improvements. A security will be required with the final
plat for the full length of the 185th Street construction with the Avonlea 4th Addition final plat. 185th Street
west of Hamburg Avenue will not be constructed with the Avonlea 4th or 5th Addition final plats. The
Developer will be required to meet the following requirements at the time Outlot K is final platted into lots
and blocks:
• Grade an emergency access roadway in the location of future 185th Street to provide a secondary
emergency access to the future lots within Outlot K.
• Submit a cash escrow with the final plat for ½ of the cost to construct 185th Street adjacent to
Outlot K. This section of 185th Street will be constructed when the property north of and adjacent
to 185th Street is final platted into lots and blocks.
The Developer shall pay 100% of the costs to construct 185th Street. The Developer is eligible for
reimbursement for costs above the standards of a City collector roadway, consistent with Dakota County
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. 97-163/City Project No. 18-11(Dakota
County Contract C0030566) (“JPA”). The reimbursement amount shall not exceed $716,000.00 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.
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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 ______________,
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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MATTAMY MI NNEAPOLIS LLC:
BY: ___________________________________________
Its
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ________ day of ______________,
2018, by ________________________, Vice President of Mattamy Minneapolis LLC, a Delaware limited
liability company, on behalf of said limited liability company.
______________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone: 651-452-5000
AMP/smt