HomeMy WebLinkAboutItem 06.gMarch 18, 2011 Item No.
MARCH 21, 2011 CITY COUNCIL MEETING
AMENDMENT TO CLEMMER SECOND ADDITION DEVELOPMENT CONTRACT AND
PLANNED UNIT DEVELOPMENT AGREEMENT
PROPOSED ACTION
Staff recommends adoption of the following motion: Move to approve the first amendment to
the Clemmer Second Addition development contract and planned unit development agreement.
Adoption of this motion will delete Subparagraph 26D releasing the property owner from the
requirement to remove a pavement encroachment along the south line of the Dick's Sanitation
property as required by the Clemmer Second Addition development contract and planned unit
development agreement approved on January 19, 2010.
OVERVIEW
Dick's Sanitation is requesting an amendment to the existing development contract and planned
unit development that requires the removal of a pavement encroachment over the south property
line. The encroachment was discovered with staff review of the preliminary and final plat of
Clemmer Second Addition. The pavement also crosses onto Metropolitan Airports Commission
(MAC) property. The pavement encroachment was not approved as part of the Clemmer First
Addition preliminary and final plat in 2006. MAC has agreed to allow the encroachment to
remain. MAC is currently in negotiations with Dick's Sanitation regarding a formal agreement.
Dick's Sanitation has requested that the encroachment be allowed to remain since the extra
pavement is necessary for the parking of their vehicles and on -site circulation. The City Attorney
drafted the attached development contract and planned unit development agreement
amendment.
PRIMARY ISSUES To CONSIDER
Will the amendment to the development contract and PUD agreement allow a permanent
encroachment?
0 Staff will evaluate the continued need for the encroachment with future development phases of
the subject property.
SUPPORTING INFORMATION
0 First amendment to development contract and planned unit development.
0 Clemmer Second Addition preliminary plat.
Frank Dempsey, Associate Per
Financial Impact: $ None
Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
(reserved for recording information)
FIRST AMENDMENT
TO
DEVELOPMENT CONTRACT
AND PLANNED UNIT DEVELOPMENT AGREEMENT
AGREEMENT dated , 2011, by and between the CITY OF LAKEVILLE,
a Minnesota municipal corporation ( "City "), and DMAC REAL ESTATE MANAGEMENT COMPANY,
LLC, a Minnesota limited liability company (the "Developer ").
1. PRIOR AGREEMENT. The parties have previously entered into a Development
Contract and Planned Unit Development Agreement dated January 19, 2010 for Clemmer Second
Addition, recorded February 11, 2010 as Abstract Document No. 2713938 ( "Development
Agreement "). The Development Agreement shall remain in full force and effect except as amended
by this First Amendment.
2. AMENDMENT. Subparagraph 26D of the Development Agreement is hereby deleted.
26D. The encroachment of pavement and other improvements not allowed under the
Clemmer First Addition preliminary and final plat shall be removed from the south property line
adjacent to the Metropolitan Airports Commission property no later than November 30, 2010
and a five foot parking lot setback shall be maintained. The Developer shall post a $3,500.00
security to guarantee the removal of the encroachment. The Developer must contact the
Metropolitan Airports Commission to obtain right -of -entry prior to performing the work.
155900v02 1
SRN:r03 /15/2011
CLEMMER SECOND ADDITION
(SEAL)
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
155900v02
SRN:r03 /15/2011
CITY OF LAKEVILLE
BY:
AND
Mark Bellows, Mayor
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of ,
2011, by Mark Bellows 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
2
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452 -5000
SRN:ms
155900v02
SRN:r03/ 15/2011
DEVELOPER:
DMAC REAL ESTATE MANAGEMENT
COMPANY, LLC
BY:
The for ooiijngg instrument was acknowledged before
2011, by L M rs (\(I P.fs &-' the
DMAC Real Estat anagement Company, LLC, a Minnes
the company.
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