HomeMy WebLinkAboutItem 06.i•
☐☐
1
199515v3
(reserved for recording information)
FIRST AMENDMENT
TO
DEVELOPMENT CONTRACT
WILD WINGS
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 RYAN CONTRACTING COMPANY, a Minnesota corporation
(hereinafter referred to as the "Developer").
RECITALS
A. The City and Developer previously entered into a Development Contract dated
October 15, 2018, and filed for record with the Dakota County Recorder on ________________, as
Document No. ________________ for the plat of Wild Wings (“Development Contract”);
B. Developer has requested to modify the terms of the Development Contract to address
the timing of the construction of Eagleview Road within the plat.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
2
199515v3
1. EFFECT OF DEVELOPMENT CONTRACT. The Development Contract shall
remain in full force and effect except as specifically amended herein.
2. AMENDMENT TO PARAGRAPH 21. Paragraph 21 of the Development Contract is
amended to read as follows:
21. WATERMAIN. The Developer shall extend 8-inch watermain within the Wild Wings
subdivision. Watermain to serve the lots within Wild Wings shall be extended by the Developer from
existing 12-inch trunk watermain in 173rd Street along both Eagleview Drive and Eastwood Avenue.
Watermain shall be extended by the Developer to the south end of Eagleview Drive to serve future
development to the south.
The Developer shall provide a cash escrow for the future extension of the 8-inch watermain
to the south plat boundary. The $28,156.22 cash escrow provided by the Developer for the future
extension of Eagleview Drive includes the cost to extend the 8-inch watermain and must be paid
prior to release of this Amendment for recording.
3. AMENDMENT TO PARAGRAPH 27. Paragraph 27 of the Development Contract is
amended to read as follows:
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
3
199515v3
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 of $10,000.00 for basin seeding and maintenance at the
time of final plat approval.
4. AMENDMENT TO PARAGRAPH 29. Subparagraphs E and F of Paragraph 29 of
the Development Contract is amended to read as follows:
E. Eagleview Drive will be extended to the south in the future with development of the
adjacent property. A “Future Street Extension” sign and barricades must be placed
by the Developer at the end of the street until it is extended in the future. The
Developer shall provide a $28,156.22 cash escrow simultaneous with the recording
of this Amendment for the future extension of Eagleview Drive to the south plat
boundary, the future extension of the sidewalk on the west side of Eagleview Drive
to the south plat boundary, and the future extension of the 8-inch watermain to the
south plat boundary.
F. The Developer shall construct a temporary cul-de-sac at the south end of Eastwood
Avenue to allow development of lots fronting Eastwood Avenue prior to construction
of Eagleview Drive. The Developer shall provide a $2,000.00 cash escrow
4
199515v3
simultaneous with the recording of this Amendment to ensure the complete removal
of the temporary cul-de-sac prior to completion of Eastwood Avenue and Eagleview
Drive. The $2,000.00 cash escrow shall be refunded to the developer upon removal
and restoration of the temporary cul-de-sac and City acceptance of the construction
of Eastwood Avenue and Eagleview Drive. The Developer shall grant to the City a
temporary easement over the cul-de-sac simultaneous with the recording of this
Amendment.
5. AMENDMENT TO PARAGRAPH 31. Paragraph 31 of the Development Contract
is amended to read as follows:
30. 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. Future Extension of Eagleview Drive and 8-inch Watermain $28,156.22
B. Removal of Temporary Cul-de-Sac 2,000.00
C. Park Dedication Fee $184,050.00
D. Sanitary Sewer Availability Charge 14,715.00
E. Trunk Storm Sewer Area Charge 110,595.49
F. Future Removal of Temporary Storm Sewer 13,920.00
G. Traffic Control Signs 1,950.00
H. Streetlight Operating Fee 1,593.00
I. Environmental Resources Fee 1,875.60
J. City Base Map Updating Fee 4,410.00
K. City Engineering Administration
(3% for letters of credit or 3.25% for alternate disbursement) 41,340.05
TOTAL CASH REQUIREMENTS $404,605.36
CREDITS TO THE CASH REQUIREMENTS WITH FINAL PLAT
Outlots A and B (Deed to the City) (Trunk Storm Sewer) $14,245.00
TOTAL REQUIREMENT WITH FINAL PLAT = $390,360.36
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
5
199515v3
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