HomeMy WebLinkAboutVIII-05 Authorize Signature - 2nd Amendment to Development Agreement - Heritage Ridge 3rd Addition1
City Council Memorandum
To: Mayor Fasbender and City Council
From: John Hinzman, Community Development Director
Date: August 21, 2023
Item: Authorize Signature: 2nd Amendment to Development Agreement - Heritage
Ridge 3rd Addition
Council Action Requested:
Authorize signature of the attached 2nd Amendment to the Development Agreement
between the City and Creative Homes for the development of Heritage Ridge 3rd Addition
containing 40 lots located at the northwest corner of General Sieben Drive and Fallbrooke
Drive.
The amendment extends the date for installation of bituminous wear course (final course)
after the first course (base course) until October 31, 2024. Approval would be subject to
minor modifications by staff. A simple majority is necessary for action.
Background Information:
The City Council authorized signature of the original agreement on April 18, 2022. Final
Plat approval was granted on September 7, 2021 to TC Land, LLC. The assignment of TC
Land’s approval to Creative Homes was approved by the Council on February 7, 2022.
The City Council authorized signature of the 1st Amendment on May 2, 2022.
Financial Impact:
The addition of 40 home sites will add to the tax base and create needed housing
opportunities.
Advisory Commission Discussion:
N\A
Attachments:
• 2nd Amendment to Development Agreement
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SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (this “Second
Amendment”) is made and entered into on the day of , 2023
(“Effective Date”), by and between the City of Hastings, a Minnesota municipal corporation (“City”),
and Creative Home Construction Investments LLC, a Wisconsin limited liability company
(“Developer”).
RECITALS:
WHEREAS, the City and Developer entered into a Development Agreement for the plat
of Heritage Ridge 3rd Addition dated April 28, 2022, recorded as Document No. 3546022 on June
24, 2022 in the Dakota County Recorder’s Office, as amended by the First Amendment to
Development Agreement dated May 2, 2022, recorded as Document No. 3546023 on June 24,
2022 in the Dakota County Recorder’s Office (collectively “Development Agreement”), for the
real property identified in the Development Agreement; and
WHEREAS, the Developer has requested an extension of installing the bituminous wear
course; and
WHEREAS, the City does not object to the requested 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 4.5 of the Development Agreement shall be removed and replaced in its entirety
as follows:
4.5. INTERIM BITUMINOUS STREET. The DEVELOPER will construct a
bituminous wedge for the roadways within the FINAL PLAT. The DEVELOPER shall
install the bituminous wear course of streets after the first course (base course) has
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weathered a winter season, consistent with warranty requirements, but no later than
October 31, 2024. 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.
Final acceptance of the required improvements by the CITY will not be granted until all
work, including final wear course, is completed.
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]
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IN AGREEMENT, the parties hereto have hereunto set their hands as of the Effective
Date.
CITY:
CITY OF HASTINGS
By:
Mary Fasbender
Its Mayor
By:
Kelly Murtaugh
Its City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this day of , 2023, 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 said
instrument was signed 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
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DEVELOPER:
CREATIVE HOME CONSTRUCTION INVESTMENTS LLC
By:
Nicholas R. Hackworthy
Its Manager
STATE OF _____________________)
) ss.
COUNTY OF )
On this _____ day of _____________, 2023, before me a Notary Public within and for said
County, personally appeared Nicholas R. Hackworthy to me personally known, who being by me
duly sworn, did say that he is the Manager of Creative Home Construction Investments LLC, a
Wisconsin limited liability company, the entity named in the foregoing instrument, and that said
instrument was signed on behalf of said entity and said Nicholas R. Hackworthy acknowledged
said instrument to be the free act and deed of the entity.
Notary Public
THIS INSTRUMENT DRAFTED BY AND
AFTER RECORDING PLEASE RETURN TO:
Korine Land, #262432
LeVander, Gillen, & Miller, P.A.
1305 Corporate Center Drive, Suite 300
Eagan, MN 55121
(651) 451-1831
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