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HomeMy WebLinkAboutRES 2007-19 AMENDING THE DEVELOPMENT CONTRACT FOR HODGIN ACRES City of Corcoran County of Hennepin State ofMinnesota RESOLUTION NO. 2007-19 Motion By: T h o m a s Seconded By: G r a b o w s k i RESOLUTION AMENDING THE DEVELOPMENT CONTRACT FOR HODGIN ACRES WHEREAS,the City of Corcoran approved the Final Plan and Development Contract for the development referred to as Hodgin Acres, as submitted by Lecy Bros. Homes on December 14, 2006; and WHEREAS,the Development Contract identifies that a Transportation Area Charge of$2,�0 per developable acre will be required to be paid by the Developer prior to the release of the final plat; and WHEREAS,the City of Corcoran is presently reviewing that area charge to deternune its nexus and fairness to development within the City. THEREFORE BE IT RESOLVED,that the Corcoran City Council hereby amend the Development Contract with Hodgin Acres, per E�chibit A hereto attached. VOTING AYE VOTING NAY X Guenthner,Ken Guenthner,Ken �Grabowski, Chuck Grabowski,Chuck �Thomas, Ron Thomas,Ron_ X Jacobs, Paul dacobs, Paul �Hudok, Christop6er Hudok,Christopher_ Whereupon, said Resolution is hereby declared passed on this 22�day of March 2007. �� Ken Guenthner,Mayor ATT'ES • ,�/ � ue Ve in,Acting City erk Ciry Sea1 1 � . EXHIBIT A AMENDMENT TO DEVELOPMENT CONTRACT Dated December 14, 2006 HODGINACRES This is an AMENDMENT to the DEVELOPMENT AGREEMENT dated December 14, 2006, by and between the CITY OF CORCORAN and LECY BROS HOMES. 1. Paragraph 19 of the Development Agreement is hereby stricken and replaced with the following: TRANSPORTATION AREA CHARGE. This plat is subject to a transportation area charge of$2,000 per developable acre. The area charge shall only apply to the developable portion of the site south of County Road 10. The total area charge is $50,356 (25.178 acres x $2,000). Prior to release of the fmal plat, the Developer shall satisfy the amount of the area charge by submitting an irrevocable letter of credit in the amount of$50,356 to the City in a form acceptable to the City. The letter of credit shall remain in place for a period of one year from the date of submission and shall be payable at the bank issuing the letter upon presentation by the City, whether in person or by mail, of a signed statement evincing the assessment of the charge. All costs associated with obtaining the letter of credit shall be paid by the Developer. 2. Paragraph 23(D)(8)(k) of the Development Agreement is hereby stricken and replaced with the following: k) Provide an irrevocable letter of credit to the City for the Transportation Area Charge in the amount of$2,000 per developable acre for the portion of the site south of County Road 10. No charges will be required for Outlot A at this time Page 1 of 3 . � because no development is planned at this time. Area Charges will be required when Outlot A is developed. 3. Paragraph 28 of the Development Agreement is hereby stricken and replaced with the following: SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contact that must be furnished to the City at the time of final plat approval: Park Dedication $ 7,382 Transportation Area Charge (letter of credit) NA Sanitary Sewer Area Charge NA Watermain Storage Area Charge NA Water Supply Area Charge NA Stormwater Area Charge NA TOTAL CASH REQUIREMENTS LEVIED: $ 7,382 All other terms in the original Development Agreement shall remain unchanged. Page 2 of 3 � � ' . - CITY OF CORCORAN BY: Kenneth S. Guenthner, Mayor (SEAL) AND Susan Vergin, City Administrator DEVELOPER: BY: Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2007,by Kenneth S. Guenthner and by Susan Vergin, the Mayor and City Administrator of the City of Corcoran, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2007,by the of Notary Public Page 3 of 3