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Home My WebLink About20120305 - VIII-B-1 City Council Memorandum To: Mayor Hicks & City Councilmembers From: John Hinzman, Community Development Director Date: March 5, 2012 Item: Authorize Signature: Amendment to Wallin Master Development Agreement Council Action Requested: Authorize signature of the attached amendment to the Wallin Master Development Agreement. The amendment extends the term of the agreement until July 31, 2017. The agreement may be further extended until July 31, 2022 if not complete by the 2017 date. Additional language guaranteeing that the agreement is tied to the land (not the developer) has been added. Background Information: The Wallin Master Development Agreement memorializes conditions for development of Wallin Limited Partnership land in Hastings. The 108 acre property is generally located east of General Sieben Drive between Carleton Drive and CSAH 46. Signature of the original agreement was authorized by the City Council on July 8, 2002. Wallin has since received preliminary plat approval of the entire development. Final plat approval of Wallin 10th, 11th, 12th, and 14th additions have been recorded creating 77 of the 137 lots. All park dedication and interceptor charges have been paid. Most of the streets, grading, and ponding have been completed. Financial Impact: The cost to the City will be minimal. Advisory Commission Discussion: N\A Council Committee Discussion: N\A Attachments: ! Location Map ! Development Agreement City of Hastings ! 101 Fourth Street East ! Hastings, MN 55033-1955 ! p:651-480-2350 ! f:651-437-7082 ! www.ci.hastings.mn.us Dakota County, MN Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Map Scale 1 inch = 659 feet Print Preview Page 1 of 1 http://gisx.co.dakota.mn.us/website/dakotanetgis/printPreview.aspx?PrintOptData=Dakota ... 3/1/2012 Future Development Wallin Master Development Agreement Page 1 of 5 FIRST AMENDMENT TO MASTER DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO MASTER DEVELOPMENT AGREEMENT (“Amendment”) is made and effective this ____ day of ____________, 2012, by and between the City of Hastings, a municipal corporation under the laws of the State of Minnesota ("City"), and the Duane R. Wallin and Winston R. Wallin Limited Liability Limited Partnership (“Developer”) (City and Developer sometimes referred to as the “Parties”). RECITALS: WHEREAS, the Parties, on July 10, and July 15, 2002, respectively, executed and entered into that certain Master Development Agreement (“Agreement”), filed for record with the office of the Dakota County Recorder on ___________, 2002, providing for, among other things, City approval of a comprehensive preliminary plat of all of the previously un-platted land owned by Developer (the “Project”, the unplatted portions of which are legally described on attached Exhibit A, which is incorporated by reference herein) and located within the City (“Approvals”), and further provided that the said Approvals would be valid and effective for a period of ten (10) years notwithstanding the provisions of Minn. Stat. §462.358, Subd.3(c) and any contrary City ordinance, subject to the terms and qualifications set forth in section 2 of the Agreement; and WHEREAS, since the Parties entered into the Agreement some, but not all, of Developer’s preliminarily platted Project land has been final platted in accordance with the Approvals, primarily because of a prolonged period of slowed residential growth in the City; and WHEREAS, the Developer is now, and at all times since the Agreement was made effective has been, in compliance with the terms and provisions of the Agreement, and has fulfilled all obligations and responsibilities thereunder without default; and WHEREAS, Developer has the current right under the Agreement to final plat the entirety of the Project, but is desirous instead of extending the period of time for it to complete the platting and development of the Project due to the prevailing market conditions; and Page 2 of 5 WHEREAS, the City deems the overall plan for Project contemplated by and approved in the Agreement and the Approvals to be of continuing value and benefit to the City and its citizens, and seeks no revision or substantive amendment of the conditions or nature of the Approvals, but is amenable to extending the term during which the validity and effectiveness of the Approvals provided under the Agreement shall survive; and WHEREAS, the Parties therefore are desirous of formally providing for an extension of the effective period of the Project's preliminary plat approval, and the other Approvals, all as contemplated under Minn. Stat. §462.358, Subd. 3c. NOW, THEREFORE, in consideration of the foregoing, and for good and valuable consideration, it is hereby agreed, by and between the parties, undersigned, as follows: 1. Effect of Project Approval and Extension of the Agreement. The provisions of the Agreement, all Approvals provided for thereunder, and the preliminary plat of the Project granted by City shall be, and hereby are, initially extended until July 31, 2017, and until such date, unless Developer and City agree in writing to the contrary, no amendment to a comprehensive plan or official control shall apply to or affect the use, development density, lot size or layout, or dedication or platting required or permitted by the approved preliminary plat for the Project, or any of the other Approvals provided for in the Agreement. In the event the Project has not been fully final platted on or prior to July 31, 2017, and provided that Developer continues at that time to be in full compliance with all obligations and responsibilities under the Agreement, as amended, the Agreement, and all Approvals shall automatically be extended as of July 31, 2017 for an additional five (5) year period without further action or application. 2. Amendment of Section 14.7 of the Agreement. The provisions of Section 14.7 of the Agreement shall be amended by deleting the original language thereof in its entirety, and replacing the same with the following. From and after the date of this Amendment, all references to Section 14.7 of the Agreement shall mean and refer to the following Section 14.7 language. 14.7 Binding Effect. The provisions of this Agreement are made binding upon, and shall enure to the benefit of, the heirs, executors, administrators, successors, and assigns of the Parties, and this Agreement shall run with the land legally described in Exhibit A. 3. Substitution of Legal Description. By reason of the final platting and sale of portions of the Project land since the date of the Agreement, the Parties herewith agree that Exhibit A to the Agreement shall be superseded, and replaced by the Exhibit A attached and made a part hereof. From and after the date of this Amendment, all references to Exhibit A in the Agreement, as amended, shall mean and refer to the attached Exhibit A. 4. Applicability and Binding Effect. Except to the extent modified herein, all other terms and conditions of the Agreement, as amended, shall remain in full force and effect, enforceable according to their terms. In the event of a conflict between the terms of this Amendment and the terms of the Agreement, the terms of this Amendment shall govern and control. All terms used herein shall have the meanings ascribed to them in the Agreement. Page 3 of 5 IN WITNESS WHEREOF, the parties above named have caused this instrument to be executed as of the day and year first above written. Dated: __________________, 2012 CITY OF HASTINGS, a Minnesota municipal corporation By: Its Mayor By: Its Clerk STATE OF MINNESOTA )) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ___ day of _____________, 2012, by ________________________ , Mayor, and ____________________________, City Clerk of the City of Hastings, a municipal corporation, on behalf of the City. Notary Public Page 4 of 5 Dated: ___________________, 2012 THE DUANE R. WALLIN AND WINSTION R. WALLIN LIMITED LIABILITY LIMITED PARTNERSHIP, a Minnesota limited liability limited partnership, By: Its: Partner STATE OF MINNESOTA )) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of _____________, 2012, by __________________, partner of the Duane R. Wallin and Winston R. Wallin Limited Liability Limited Partnership, a Minnesota limited liability limited partnership. Notary Public This Instrument Drafted by: S. Todd Rapp, P.A. 4686 Slater Road Eagan, MN 55122 Page 5 of 5 EXHIBIT A TO FIRST AMENDMENT TO MASTER DEVELOPMENT AGREEMENT Outlots B, G, H, and J, inclusive, Wallin 10th Addition, according to the recorded plat thereof on file with the Office of the County Recorder, Dakota County, Minnesota; And Outlot A, Wallin 11th Addition, according to the recorded plat thereof on file with the Office of the County Recorder, Dakota County, Minnesota.