HomeMy WebLinkAbout[10b] Amendment to Development Agreement 11 Council Agenda Item 10b
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MEETING DATE: August 31, 2015
AGENDA ITEM: Amendment to Development Agreement—Elite Development
SUBMITTED BY: Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: N/A
PREVIOUS COUNCIL ACTION: The City Council previously approved execution of a Development
Agreement for the construction of utilities and street for Graceview 4 to allow for single family home
development. The development was a two phase project.
BACKGROUND INFORMATION: Al Keller, Elite Development, is requesting an extension for
placing the wear course in Graceview 4. It is his intent to complete phase II next year and would rather
have one wear course for the entire development.
BUDGET/FISCAL IMPACT:
ATTACHMENTS: Request for Council Action
Request from Elite
REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the
amendment to the Developers Agreement for Graceview 4.
City of St. Joseph Development Agreement for Graceview Estates 4
Elite Development would like to ask for an extension in regards to the two items below in
the development agreement with the city of St. Joseph.
1. Section 3.2 d states that only four building permits are allowed until Elena Lane has been
constructed to City standards and the four building permits can include any of the following lots:
2-6 Block 1 and 2 -6 Block 2 Graceview Estates 4. Elite Development would like to be able to
build on any of the lots in the first phase of the development Block 1 lots I-8 &Block 2 lots 1-11
and secure up to 8 building permits prior to constructing Elena Lane to City Standards.
2. Section 3.3 sta.tes the final lift of asphalt on phase 1 was to be completed by September l,
2015. Elite development would like an extension granted to move the completion da.te to
September 1,2416 so the second lift for phase one can be completed with the intention to
complete the road for phase 2 simultaneously.
AMENDMENT TO CITY OF ST. JOSEPH
DEVELOPER AGREEMENT BETWEEN ELITE
DEVELOPMENT, LLC AND THE CITY OF ST. JOSEPH
(For Graceview Estates 4)
THIS AMENDMENT TO DEVELOPER AGREEMENT (hereinafter "Amendment"), made and
entered into this day of , 2015, by and between Elite Development, LLC,
hereinafter called "Developer", and the City of St. Joseph, Minnesota, a municipal corporation,
hereinafter called the "City".
RECITALS:
WHEREAS, the Developer is the Owner of certain Real Property known as Graceview Estates 4,
which is legally described on Exhibit A, (hereinafter called the "Property" or "Development" or
"Development Property") attached hereto and made part hereof, and
WHEREAS, the Developer and the City entered into a Developer Agreement for Graceview
Estates on August 29, 2014, and recorded September 8, 2014 as Document No. A1428402 with
the Stearns County Recorder's Office (hereinafter "Developer Agreement"); and
WHEREAS, the City and Developer desire to amend Section 3.2(d) and Section 3.3 of the
Developer Agreement with the express understanding and agreement that all other provisions of
the Developer Agreement shall remain in full force and effect.
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties
hereto, each of them does hereby covenant and agree with the other as follows:
1. Section 3.2(d) in the Developer Agreement shall be amended as follows.
"Developer has complied with the requirements under Section 3.2(d) of the Developer
Agreement by constructing the first lift of pavement in the Development and the
Developer may commence with construction on Graceview Estates 4."
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2. Section 3.3 of the Developer Agreement shall be amended as follows: "The final lift of
asphalt on Phase I shall be completed on or before September 1, 2016, with the following
conditions: the Developer agrees that winter load increases and summer loads shall be
limited to a maximum of seven (7) tons on any single axle and spring load restrictions
shall be limited to a maximum of five (5) tons on any single axle all in accordance with
the seasonal load limits starting and ending dates defined by the Minnesota Department of
Transportation. The Developer agrees that it will be responsible for repairing any
damages or deficiencies in the street, curb and gutter, and utility systems that may occur,
in the opinion of the City Engineer, as a result of the delay in constructing the final lift of
asphalt on the street."
3. The Developer and City agree that all other terms, conditions and requirements set forth
in the Developer Agreement, dated August 29, 2014, shall remain in full force and effect.
4. This Amendment and the Developer Agreement between the Developer and City
constitute the entire agreement between the parties. There are no understandings,
agreements or representations, oral or written, beyond those specified in this Amendment
and the Developer Agreement.
5. This Amendment shall be binding upon the parties, their heirs, successors and/or assigns.
IN WITNESS WHEREOF, the City has caused this Amendment to be duly executed in its name
and behalf and the Developer has caused this Amendment to be duly executed in its name and
behalf on or as of the date first written above.
ATTEST CITY OF ST. JOSEPH
By By
Judy Weyrens Rick Schultz
City Administrator Mayor
DEVELOPER
ELITE DEVELOPMENT, LLC.
By
Allen Keller
Co-Owner of Elite Development, LLC
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STATE OF MINNESOTA )
)ss
COUNTY OF STEARNS )
This instrument was acknowledged before me on 2015 by Rick Schultz and Judy
Weyrens, the Mayor and City Administrator respectively, of the City of St. Joseph a Minnesota
municipal corporation, on behalf of said City.
NOTARIAL STAMP OR SEAL
(OR OTHER TITLE OR RANK)
SIGNATURE OF NOTARY PUBLIC
OR OTHER OFFICIAL
STATE OF MINNESOTA )
)ss
COUNTY OF )
On this day of 2015 , before me, a notary public within and
for said County, personally appeared Allen Keller, to me personally known, who, being each by
me duly sworn, did say that he is the Co-Owner of the company named in the foregoing
instrument, and acknowledged said instrument to be the free act and deed of said company.
NOTARIAL STAMP OR SEAL
(OR OTHER TITLE OR RANK)
SIGNATURE OF NOTARY PUBLIC
OR OTHER OFFICIAL
THIS DOCUMENT DRAFTED BY:
Thomas G. Jovanovich
Jovanovich, Kadlec & Athmann, PA
1010 W. St. Germain, Suite 420
St. Cloud, MN 56301
Telephone: (320) 230-0203
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