HomeMy WebLinkAboutVIII-06 Authorize Signature - Villas at Pleasant - 3rd Amendment to Development Agreement
City Council Memorandum
To: Mayor Fasbender and City Council
From: John Hinzman, Community Development Director
Date: September 18, 2023
Item: Authorize Signature: 3rd Amendment to Development Agreement - Villas at
Pleasant - 32 Villas Homes - Simek Property Group - Northridge and Pleasant
Council Action Requested:
Authorize Signature of the attached 3rd Amendment to the Development Agreement for
Villas at Pleasant, a 32 lot villa home subdivision developed by Simek Property Group
northeast of Northridge and Pleasant Drives.
The amendment modifies the date for completion of wear course bituminous paving from
September 15, 2023 to September 15, 2024. No other significant changes are included in
the amendment. Action requires a simple majority of City Council.
Background Information:
The City Council granted Final Plat and Development Agreement approval on April 5,
2021. The agreement established a June 30, 2022 deadline for installation of pavement
wear course and completion of public and private improvements. The 1st Amendment
extended the deadline of wear course paving until October 15, 2022. The 2nd
Amendment extended the deadline of wear course paving until September 15, 2023.
Wear course paving is recommended when the majority of homes in a development have
been completed. Staff recommends extending the date.
Financial Impact:
The addition of 32 home sites will add to the tax base and create needed housing
opportunities.
Advisory Commission Discussion:
N\A
Attachments:
•3rd Amendment to Development Agreement
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THIRD AMENDMENT TO DEVELOPMENT AGREEMENT
THIS THIRDAMENDMENT TO DEVELOPMENT AGREEMENT (this “Third
Amendment”) is entered into as of this day of , 2023 (the
“Effective Date”), by and between the City of Hastings, a Minnesota municipal corporation (“City”),
and Villas at Pleasant, LLC, a Minnesota limited liability company (“Developer”).
RECITALS
Recital No. 1. The City and Developer entered into that certain Development
Agreement of Villas at Pleasant, Dakota County, Minnesota dated April 12, 2021 and recorded as
Document No. 3528860 on March 10, 2022 in the Office of the County Recorder, Dakota County,
Minnesota, as amended by that certain First Amendment to Development Agreement dated
July 14, 2022 and recorded as Document No. 3563459 and the Second Amendment to
Development Agreement dated September 6, 2022 and recorded as Document No. 3563460 in the
Office of the County Recorder, Dakota County, Minnesota (collectively the “Development
Agreement”), for the Subject Property identified in the Development Agreement.
Recital No. 2. Developer has requested the Development Agreement be amended to
extend the dates of the installation of wear course.
Recital No. 3. The City does not object to the extension.
NOW, THEREFORE, in consideration of the mutual promises and covenants of each to
the other contained in this Third Amendment and other good and valuable consideration, receipt
of which is hereby acknowledged, the parties hereto do covenant and agree as follows:
1. The entire Development Agreement is hereby incorporated into this Third Amendment,
except as modified below.
2. Section 6(B) of the Development Agreement shall be removed and replaced in its entirety
as follows:
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B. Surfacing. Following Public Works Department approval of street grading and
utility installation, streets shall be surfaced and provided with concrete curbs and
gutters in accordance with the latest recommended plans and specifications
prepared by the Public Works Department and on file at the City. The Developer
shall install the bituminous wear course of streets after the first course (base course)
has weathered a winter season, consistent with warranty requirements, but no later
than September 15, 2024. Final acceptance of the required improvements by the
City will not be granted until all work, including final wear course, is completed.
A bituminous ramping wedge to protect the concrete lip from snowplow damage
shall be installed with the bituminous base course. Prior to paving the bituminous
wear course, the ramping wedge must be milled off. The City will thoroughly
inspect all curb and gutter for damage prior to the installation of the bituminous
wear course and may require repairs and/or replacement by Developer depending
on the severity of damage.
3. Except as provided for above, the terms and provisions of the Development Agreement
shall remain in full force and effect.
4. This Third Amendment and all disputes or controversies arising out of or relating to this
Third Amendment, or the transactions contemplated hereby shall be governed by, and
construed in accordance with, the internal laws of the State of Minnesota, without regard
to the laws of any other jurisdiction that might be applied because of the conflicts of laws
principles of the State of Minnesota.
5. Nothing contained herein shall be deemed a waiver by the City of any governmental
immunity defenses, statutory or otherwise. Further, any and all claims brought by
Developer or its successors or assigns, shall be subject to any governmental immunity
defenses of the City and the maximum liability limits provided by Minnesota Statutes,
Chapter 466.
6. This Third Amendment may be executed in two or more counterparts, all of which shall be
considered one and the same instrument and shall become effective when one or more
counterparts have been signed by the parties and delivered to the other parties.
7. This Third Amendment shall not be amended, modified or supplemented, except by a
written instrument signed by an authorized representative of each party.
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IN AGREEMENT, the parties hereto have hereunto set their hands as of the Effective
Date.
CITY:
CITY OF HASTINGS
By:____________________________
Mary Fasbender, Mayor
By: ____________________________
Kelly Murtaugh, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
On this ___ day of ______________________, 2023, before me a Notary Public within
and for said County, personally appeared Mary Fasbender and Kelly Murtaugh, to me personally
known, who being each by me duly sworn, each did say that they are respectively the Mayor and
City Clerk of the City of Hastings, the municipality named in the foregoing instrument, and that
the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority
of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act
and deed of said municipality.
____________________________
Notary Public
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DEVELOPER:
VILLAS AT PLEASANT, LLC
By:_____________________________
Stuart R. Simek, President
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ________day of
______________________, 2023, by Stuart R. Simek, the President of Villas at Pleasant, LLC, a
Minnesota limited liability company, on behalf of said limited liability company.
____________________________
Notary Public
THIS INSTRUMENT WAS DRAFTED BY
AND AFTER RECORDING RETURN TO:
Korine L. Land (#262432)
LeVander, Gillen & Miller, P.A.
1305 Corporate Center Drive, Suite 300
Eagan, MN 55121
651-451-1831
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