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HomeMy WebLinkAboutVIII-04 Authorize Signature - 2nd Amendment - Villas at Pleasant Development Agreement City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: September 6, 2022 Item: Authorize Signature: 2nd Amendment to Development Agreement - Villas at Pleasant - 32 Villas Homes - Simek Property Group - Northridge and Pleasant Council Action Requested: Authorize Signature of the attached 2nd 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 October 15, 2022 to September 15, 2023. 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 October 15, 2022. Wear course paving is recommended when the majority of homes in a development have been completed. Since only 4 of 32 homes are currently under construction, 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: • 2nd Amendment to Development Agreement VIII-04 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (this “Second Amendment”) is entered into as of , 2022 (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. _____________________ on _____________________ 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 Second 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 Second Amendment, except as modified below. 2. Section 6(B) of the Development Agreement shall be removed and replaced in its entirety as follows: B. Surfacing. Following Public Works Department approval of street grading and VIII-04 2 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, 2023. 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 Second Amendment and all disputes or controversies arising out of or relating to this Second 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 Second 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 Second Amendment shall not be amended, modified or supplemented, except by a written instrument signed by an authorized representative of each party. [remainder of page intentionally blank] VIII-04 3 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 ______________________, 2022, 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 VIII-04 4 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 ______________________, 2022, 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 VIII-04