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Home My WebLink About2011-05-18 PACKET 04.P.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 5/18/11 PREPARED BY Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider approving an amendment to the Development Agreement for Everwood 1 st Addition. STAFF RECOMMENDATION Approve the amendment to the Development Agreement for Everwood 1 st Addition. ADVISORY COMMISSION ACTION DATE ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY SUPPORTING DOCUMENTS REVIEWED APPROVED DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® MEMO /LETTER: Memo from John M. Burbank dated 5/13/11 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Development Agreement Amendment ADMINISTRATORS COMMENTS i i Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John M. Burbank, Senior Planner DATE: May 13, 2011 RE: Amendment to Development Agreement for Everwood 1 st Addition Through the development process for Everwood 3rd Addition, it was determined that the developer would design and install the public infrastructure in accordance with the City's new development policy options. Included in that project was the Phase II Street Improvements and final lift for Everwood 1st Addition. Discussion As a result of this action, the development agreement for Everwood 1st Addition, which was executed on August 8, 2007, needs to be amended to reflect the changes that impact the original agreement. Adopt the attached agreement amendment. [Reserved for recording data] DEVELOPMENT AGREEMENT AMMENDMENT FOR EVERWOOD ADDITION This Agreement is made and entered into on the day of May, 2011 by and between MJR Developers, LLC, a Minnesota limited liability corporation, referred to as "TIIE DEVELOPER," and Aspen Grove LLC, a Minnesota limited liability corporation, referred to as "THE OWNER" and the City of Cottage Grove, a municipal corporation, situated in the County of Washington, State of Minnesota, hereinafter referred to as the "CITY." WHEREAS, MJR Developers, LLC, is the Developer of a Residential SUBDIVISION recorded and known as Everwood Addition which is situated in the City of Cottage Grove, County of Washington, State of Minnesota; and WHEREAS, a Development Agreement was executed by the DEVELOPER and the CITY on August 8, 2007 relating to the SUBDIVISION; and WHEREAS, Title 10 of the City Code of the City of Cottage Grove, requires THE DEVELOPER to make certain improvements in the SUBDIVISION, and the parties hereto are desirous of entering into an agreement amending the requirements related to the completion of such improvements as detailed in 2007 DOCUMENT, and WHEREAS, Section 10.3 Amendments Changes and Modifications From the 2007 DOCUMENT details that the agreement may be amended or any of its terns modified only by written amendment authorized and executed by the CITY and THE DEVELOPER; and WHEREAS, the DEVELOPER and CITY agree that this amendment agreement is in conformance with section 10.3 of the 2007 DOCUMENT. WHEREAS, the new language amending the 2007 DOCUMENT is attached, in Exhibit "A" NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: I. DEFINITIONS. 1.1 TERMS The following terns shall have the meanings as set forth below. 1.2 CITY "CITY" means the City of Cottage Grove, a Minnesota municipal corporation. 1.3 DEVELOPER. 'DEVELOPER" means, MJR DEVELOPERS, L.L.C, a Minnesota limited liability corporation, 1.4 OWNER. "OWNER" Means Aspen Grove, LLC, a Minnesota limited liability corporation fee title owner to the property described in Exhibit A. 1.5 SUBDIVISION "SUBDIVISION" means. Everwood addition, a residential subdivision recorded with Washington County, State of Minnesota 1.6 2007 DOCUMENT "2007 DOCUMENT" means the original development agreement for the SUBDIVISION as executed by the CITY, the DEVELOPER, and The OWNER on August 8, 2007. 11. OWNER WARRANTIES. 2.1 Successors and Assigns This Agreement is binding upon and extends to the heirs, representatives, assigns and successors of the parties. 2 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first written above. MJR DEVELOPERS LLC., a Minnesota limited liability Corporation. CITY OF COTTAGE GROVE Bv: Mike J. Rygh - B y : -- Myron Bailey Its: Mayor Its: Chief Manager ASPEN GROVE, LLC, a Minnesota limited liability Corporation. Attest: By: Caron M. Stransky Its: City Clerk By: Thomas J. Ott Its : Governor ASPENT GROVE, LLC, a Minnesota limited liability Corporation. Bv: Matthew Francis Its : Governor 3 STATE OF MINNESOTA ) ) ss ACKNOWLEDGMENT BY CITY COUNTY OF WASFIINGTON ) On the _ day of , 2011, before me a notary public within and for said Comity, personally appeared Sandra Shiely and Caron M. Stransky to me personally known, each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Cottage Grove, a 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 Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public STATE OF MINNESOTA ) MJR DEVELOPERS, LLC, ACKNOWLEDGMENT COUNTY OF ) On this _ day of 2011, before me, a notary public within and for said County, personally appeared Mike J. Rygh, Chief manager of MJR DEVELOPERS, LLC, a Minnesota Corporation, on behalf of said corporation, to me personally known, each by me duly sworn, did say that he is respectively the Chief Manager of MJR DEVELOPERS, LLC, named herein and he did acknowledge and execute said instrument to be his free act and deed on behalf of said Corporation. Notary Public 4 STATE OF MINNESOTA ) ASPEN GROVE, LLC, ACKNOWLEDGMENT COUNTY OF ) On this _ day of 2011, before me, a notary public within and for said County, personally appeared Thomas J. Ott, Governor of ASPEN GROVE, LLC, a Minnesota Corporation, on behalf of said corporation, to me personally known, each by me duly sworn, did say that he is respectively the Governor of ASPEN GROVE, LLC , named herein and he did acknowledge and execute said instrument to be his free act and deed on behalf of said Corporation. Notary Public STATE OF MINNESOTA ) ASPEN GROVE, LLC, ACKNOWLEDGMENT COUNTY OF ) On this _ day of , 2011, before me, a notary public within and for said County, personally appeared Matthew Francis, Governor of ASPEN GROVE, LLC, a Minnesota Corporation, on behalf of said corporation, to me personally known, each by me duly sworn, did say that he is respectively the Governor of ASPEN GROVE, LLC, named herein and he did acknowledge and execute said instrument to be his free act and deed on behalf of said Corporation. Notary Public THIS INSTRUMENT DRAFTED BY: Community Development Department City of Cottage Grove 7516 — 80th Street South Cottage Grove, MN 55016 5 2011 AMMENDMENTS TO EVERWOOD FIRST ADDITION DEVELOPMENT AGGREEMENT DATED AUGUST 2007 AMMENDMENT I IV. CITY IMROVEMENTS. STRIKE MILE NN MAM! mns enae:a • .+. G4P� br 0 t. b ak e seven (7V +h t + A - l t h.i• — S i v�o J aeeordan o.7 tY...t +h zs�ix=rraicc � ° c izi� F DE VELOPER µe L.�.,..,i D _ �3cr" ,sci- o�rciro r Ph ase h;,.h .. vs C 1 _'e and bending eOStS ess . CIDER div A ii� iastallat�on of said or and seven (7) l ets i n th - QT R�?ozv��. T r, Trt:. ..rte C +-+ + Cha 2 .,.� Th e assess pu t o 14 b e . a«s. r s h a ll — �i nui`d ° cam ii� iastallat�on of said F TTTC TlP�7RT (IDEA ,'a a h TT�T7 T1P�7T:T 11DT:A F hl i, + any r F+t,o Ftor T:. +.. +,.F� A T ,.« b ts r SaW asse ....�' .�"_ _ : . _ . _ .,. �... THE DEVELOPER fi ._+l. 'a:. p __ �_ntG I +.. +T.� bI E +��:.� REPLACE 4.1 Petition The DEVELOPER and CITY agree that petition items for the SUBDIVISION are substantially complete and assessments paid for in full with the exception of the completion of phase II final street construction, and that based on change in City policies, that the outstanding Phase lI improvement work shall now be built, constructed and financed by THE DEVELOPER in accordance with the plans and specifications approved by the CITY and the CITY Council, and all ordinances and preliminary and final plat resolutions of the CITY or any amendments thereto and other CITY Development Policy, and that furthermore, the CITY is released from having to complete the remaining public improvements. 4. 1.1 The DEVELOPER and CITY agree that the Developers petitions related to all Improvements constructed and assessed pursuant to Minnesota Statutes, Chapter 429 and Chapter 444 prior to the date of this document are still valid and in effect. 4.2 Waiver The DEVELOPER and CITY agree that the DEVELOPER's waiver of public hearings related to all Improvements constructed and assessed pursuant to Minnesota Statutes, Chapter 429 and Chapter 444 prior to the date of this document are still valid and in effect. 3 ►/ FLN UN 10 i V. DEVELOPER IMPROVEMENTS. REPLACE 5.1 CITY Conformance All remaining work and improvements required by this Agreement to be performed by THE CITY in relation to phase II final street construction shall be built and constructed by THE DEVELOPER in accordance with the plans and specifications approved by the CITY and the CITY Council, and all ordinances and preliminary and final plat resolutions of the CITY or any amendments thereto and other CITY Development Policy. AMMENDMENT III VIII. FINANCIAL. GUARANTEE REQUIREMENTS. STRIDE 7 • - c 10 ba bE+., �Gn a :�� :_ � ..._r�� F r n ti on an a' u �3e v c :i.:: ��:: ., y The i will csifire, • - c 10 me d) DE f �DUA P- .I,+.. :.]° \_._TT _. ' -- ,.7; +1,° tm ° ir�8- Ev13 1?rmz'� � i .. "'t i9k2 ,fig o / im provem en t ` � °' - T i iic- T1 a ri� Of A,° requir "p s efow 'ems rr are -loot if CITY is .,,,+ ' °.7 to dr ,,..+..on t he rem l.°1,..,.. ,.F 47,a T ��. After assessments for the publie impfavemems have be-en., p-` �-,l I -------- 0 assessments redueed as , are paid on 4--- remaining lets. The Feduetion Poold be made vwo times a year on june 1-5 anA NI on the request of the DEVu Wi F assessme A .. !'TTV , w 0 v A, „ °a °,rt :F,..., +:..,, h., +h° C ITY that th + ccT"r.��i - ^ ^ + �� ;�F ,. +..r: /.. 1„ +e.] --A C TTV ir'ivvivv Upon :a 3- &cv= �'c -a.`.' _�� 11 8.1 The DEVELOPER and CITY agree that the pending assessments for the SUBDIVISION being held in place for the payment of Phase li street improvements and any related financial guarantee will be rescinded and released based new CITY policy changes that allow the Developer to complete the remaining Phase II street work in the SUBDIVISION privately in lieu of publicly bid and constructed as previously agreed upon in this document and furthermore, that the development agreement for Everwood 3rd Addition will address the financial guarantees for the completion of said work, and any other related or outstanding costs associated with the SUBDIVISION. 12