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Home My WebLink About2015-10-07 PACKET 04.E. REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM #�� DATE 10/7/15 . . PREPARED BY: Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR * * * * * * * * * * * * * * * * � * * * * � * � * * * * * * * * * * * � * * * * * * * * * * * * COUNCIL ACTION REQUEST: Consider approving the Eastridge Woods 4th Addition Development Agreement Amendment to Section 2 titled "Conditions of Approval," subsection "c" that requires this final plat be recorded within six months from the date the final plat was approved by the City Council to change to a June 17, 2016 deadline. All other sections of the Eastridge Woods 4th Addition Development Agreement remain in place and in force as originally approved. STAFF RECOMMENDATION: Approve the request ADVISORY COMMISSION ACTION: DATE REVIEWED APPROVED DENIED ❑ PLANNING ❑ ❑ ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES/RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS: � MEMO/LETTER: Memo from John McCool dated 9/30/15 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Eastridge Woods 4th Addition Development Agreement Amendment ADMINISTRATOR'S COMMENTS: � �� Ci y Ad ' strator Date * * * * � * � * * * * * * * * * * * * � * * * * * * * * * * * * * * * * * * � * * * * * * * * COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage J Grove �here P�ide andPrOSPerity Meet TO: Honorable Mayor and City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: September 30, 2015 RE: D.R. Horton — Eastridge Woods 4th Addition Development Agreement Amendment Introduction D.R. Horton, Inc. has requested the City's approval to amend the Eastridge Woods 4th Addi- tion Development Agreement, which was originally approved on June 17, 2015. The amend- ment pertains to Section 2 titled "Conditions of Approval", subsection "c." This provision required that the Developer record the final plat within six months from the date that the City approved the final plat. The Eastridge Woods 4th Addition final plat was approved by the City Council on June 17, 2015 (City Resolution No. 2015-074). The Developer is focusing on completing more lots sales in the previous phases before opening up the fourth phase. This will delay the development and marketing of these 17 lots until next year. For these reasons, the Developer intends to record the plat sometime before June 17, 2016. City staff recommends approval of Development Agreement Amendment, which extends the recording of the final plat to June 17, 2016. City ordinance regulations already provide a one- year final plat approval from the date that the City Council approved the final plat. The proposed Development Agreement Amendment requires that the final plat be recorded at the Washington County Recorder's Office before June 17, 2016. A copy of the Development Agreement Amendment is attached. Recommendation The City Council approve the Eastridge Woods 4th Addition Development Agreement Amend- ment to Section 2 titled "Conditions of Approval," subsection "c" that requires this final plat be recorded within six months from the date the final plat was approved by the City Council to change to a June 17, 2016 deadline. All other sections of the Eastridge Woods 4th Addition Development Agreement remain in place and in force as originally approved. DEVELOPMENT AGREEMENT AMENDMENT EASTRIDGE WOODS 4TH ADDITION THIS DEVELOPMENT AGREEMENT AMENDMENT ("Amendment") is entered into on the day of , 2015, by and between D. R. Horton, Inc. —Minnesota, a Delaware corporation,referred to as "Developer" and the City of Cottage Grove, a municipal corporation, situated zn the County of Washington, State of Minnasota,hereinafter referred to as the "City." RECITALS A. Ti�e City approved the EASTRIDGE WOODS preliminary plat (City Resolution No. 2013-041) on April 3, 2013, The EASTRIDGE WOODS preliminary plat consisted of 134 single-family lots on 61.793 acres. The EASTRIDGE WOODS final plat was approved by the City on June 5,2013,for a residential development consisting of 37 single-family lots and 12 outlots. The City approved an amendment to Resolution No. 2013-041 (City Resolution No, 2013-143) on December 18, 2013 to increase the total number of lots from 134 to 135 in the EASTRIDGE WOODS prelirrzinary plat, The EA5TRIDGE WOODS 2ND ADDITION final plat was approved by the City on April 16,2014,for a residential development consisting of 37 single-family lots and eight outlots on 16.14 acres. The EASTRIDGE WOODS 3RD ADDTTION final plat was approved by the City on February 18,2015 (Resolution 2015-020) for a residential development consisting of 24 single-family lots. The EASTRIDGE WOODS 4TH ADDITION final plat was appzoved by the City on June 17, 2015 (Resolution 2015-074)for a residential development consisting of 17 single-family lots. B. Subsequent to the approval of the EASTRIDGE WOODS 4TH ADDITTON Development Agreement on June 17,2015, Section 2, subsection c required the final plat to be recorded with the Washington County Recorder within six(6)months after City Council approval of the final plat, C. The Developer has requested that the EASTRIDGE WOODS 4TH ADDITION Development Agx�eement be amended for purposes of changing the six month deadline to record the EASTR.TDGE WOODS 4TH ADDITrON final plat to a June 17,2016 deadline. This amendment is a correction of Section 2 (c) of the EASTRIDGE WOODS 4TH ADDITION Development Agreement which was approved by the City Council on June 17,2015. D. All other sections of the EASTRIDGE WOODS 4TH ADDITTON Development Agreeinent remain in place and in force as originally approved. i NOW,THERE�ORE,TT IS HEREBY AND HEREIN MUTUALLY AGREED,in consideration of each party's promises and considerations herein set forth,the following section in the EASTRTDGE WOODS 4TH ADDITION Development Agreement shall read as follows: 2. �C��nclii�i9uq�o�'Au��rovnl. c. The Developer records the final plat with the Washington County Recorder on or before June 17, 2016. IN WITNESS OF THE ABOVE,the parties have caused this Agreement to be executed on the date and year written above. SIGNATURES APPEAR ON NEXT PAGE .2_ D.R.HORTON,INC. -MINNESOTA CITY OF COTTAGE GROVE: /��f�� By: ��/`� BY� ,Tames R. Slailceu,Vice President Myron Bailey,Mayor By: Joe�'ischbach, City Clerk ACKNOWLEDGEMENT FOR CITY STATE OF MINNESOTA ) )ss. COUNTY O�'WASHINGTON ) The foregoing instrument was acicnowledged before me this day of ,2015,by Myron Bailey,Mayor, and Joe Fischbach, City Clerlc, of the City of Cottage Grove, a Miru�.esota municipal corporation,on behalf of the corporation. Notary Public (Notary Seal) ACI�N4WLEDGEMENT FOR DEVELOPER STATE OF MINNESOTA ) )ss. COUNTY OF �0'l�r.`�"�« ) � � �r- 7 On tl�is --�� lay�I' `�� I��`,�2�1 S, l�efo�•c��e,� no��ry�pu�lic��vitliin ai�d fol�saicl��iun�y, personally appeared James R. S rtik�u, Vice I'residenl or D.R. I3ortotl, Iitc. - Mitu�esai�t, � l�el�t�+�re corporation, on behalf of said corporation. . � �+�� ' AMY LYNNE BIAZ "C , r �'l r' NOTARYPUBLIC-MINNESOTA NOt�PLib11C �t ��' (Notary Seal) ��*► �My Commission�Zpires Jan,31,2017. ��. THTS DOCUMENT DRAP'TED BY; Community Development Department City of Cottage Grove 12800 Ravine Parlcway South Cottage Grove,MN 55016 _3.