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1k. Crossroads of Chanhassen: Approve Amendment A CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952,227.1180 Fax: 952.227,1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952,227.1140 Fax: 952,227,1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227,1110 Web Site www.ci.chanhassen.mn.us ~.-l MEMORANDUM TO: Paul Oehme, Director of Public Works/City Engineer Joseph Shamla, Project Engineer /5- July 28, 2008 D~. FROM: DATE: SUBJ: Approve Amendment "A" to Development Contract for Crossroads of Chanhassen Project No. 08-10 PROPOSED MOTION "The City Council approves Amendment "A" dated July 28, 2008 to the development contract dated May 27,2008." City Council approval requires a simple majority vote of the City Council present. The developer (Kraus-Anderson) has been in contact with the City regarding the stree~ lights for Crossroads Boulevard. Crossroads Boulevard is within the Crossroads of Chanhassen development that was recently approved west of TH 101 and north of Lyman Boulevard. The City's standard street lights which are 175 watt do not match the parking lot lights within the development. Kraus- Anderson is proposing 400 watt lights which match the architectural detail of all the other lights in the development. In order to offset the costs of these lights, the developer has agreed to pay the operational cost for the next 20 years. The operational cost difference between the two fixtures is $40/light/year. The total cash fee required will be 6 lights x $40/year/light x 20 years = $4,800.00. Typically the City pays for the operation and maintenance of the street lights. Since the developer is proposing a different type of fixture, the developer will be responsible for the maintenance of the street lights. This type of agreement has been approved for other developments. Attachment: Amendment "A" to Crossroads of Chanhassen Development Contract c: Michael Korsh, Kraus-Anderson Realty Company g:\eng\projects\a-e\crossroads of chanhassen\amendrnent a to the de. doc Chanhassen is a Community for Life. Providing for Today and Planning for Tomorrow CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AMENDMENT "A" TO CROSSROADS OF CHANHASSEN DEVELOPMENT CONTRACT SPECIAL PROVISIONS AGREEMENT dated July 28, 2008, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and KRAUS-ANDERSON INCORPORATED, a Minnesota corporation (the "Developer"). 1. BACKGROUND. The parties have previously entered into a development contract for Crossroads of Chanhassen dated May 27,2008 (the "Development Contract"). The Development Contract was recorded on June 2, 2008 as Carver County Abstract Document No. A484405. 2. EXTENSION OF DEVELOPMENT CONTRACT. The Development Contract shall remain in full force and effect and shall also apply to Crossroads of Chanhassen Second Addition. 3. SPECIAL CONDITIONS. In addition to the terms and conditions outlined in the development contract, the following special conditions shall apply to Crossroads of Chanhassen: 1 A. The amendment is to stipulate that the City approves the installation of six street lights that do not meet our street light standard in order to have continuity in the street lights along Crossroads Boulevard. The developer must 'submit a cash fee to the City to pay for the additional cost to operate these six street lights for a 20-year period. Minnesota Valley Electric Cooperative indicates that the additional cost to operate these lights is $40.00/light/year, therefore the escrow amount is calculated as follows: 6 lights x $40.00/light/year x 20 years = $4,800.00. The costs associated with installation and maintenance of these lights will be at the sole expense of the developer. 4. RECORDING. The Development Contract and this Addendum "A" shall be recorded against all lots, blocks, and outlots in Crossroads of Chanhassen. IN WITNESS WHEREOF this Addendum "A" was executed by the parties the day and year first above written. CITY OF CHANHASSEN BY: Thomas A. Furlong, Mayor (SEAL) AND: Todd Gerhardt, City Manager KRAUS-ANDERSON INCORPORATED BY: Its: Dan Engelsma President 2 STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this _ day of 2008, by Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor and City Manager of the City of Chanhassen, 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 ) The foregoing instrument was acknowledged before me this day of 2008, by Dan Engelsma, the President of Kraus-Anderson Incorporated, on behalf of said corporation. Notary Public Drafted by: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 3