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1h Addendum to Chanhassen West Business Park CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone 952.2271100 Fax 9522271110 Building Inspections Phone 9522271180 Fax 952.2271190 Engineering Phone 952227.1160 Fax 952.2271170 Finance Phone 952.227.1140 Fax 9522271110 Park & Recreation Phone 9522271120 Fax 952.2271110 Recreation Center 2310 Coulter Boulevard Phone 9522271400 Fax 9522271404 Planning & Natural Resources Phone 952227.1130 Fax 952.2271110 Public Works 1591 Park Road Phone 952.2271300 Fax 952227.1310 Senior Center Phone 952.2271125 Fax 952.2271110 Web Site www.ci.chanhassen.mn.us 1-~ - MEMORANDUM ()- <1' \ TO: Paul Oehme, City Engineer/Dir. of Public Works FROM: Alyson Morris, Assistant City Engineer l~t(1'- ~ DATE: October 5,2005 SUBJ: Approve Addendum to Chanhassen West Business Park Development Contract - Project No. 05-15 The developer of Chanhassen West Business Park has requested an extension for the time of performance. The development contract for Chanhassen West Business Park, approved by the City Council on September 29,2005, stipulates that the developer shall install all required improvements by November 15, 2005. Due to the late construction start for this project, staff recommends that the time of performance be extended to November 16,2006. The development contract is also being amended to change the developers name from Eden Trace Corporation to Yolk-Minger Properties LLC, Karen Minger, Chief Manager. g:\eng\projects\chanwestbuspark\approve addendum a.doc The City of Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ADDENDUM "A" TO CHANHASSEN WEST BUSINESS PARK DEVELOPMENT CONTRACT SPECIAL PROVISIONS AGREEMENTS dated October 10, 2005, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and Eden Trace Corporation (the "Developer"). 1. BACKGROUND. City Council approved the development contract for Chanhassen West Business Park (the "Development Contract") at the September 29,2005 City Council meeting. 2. EXTENSION OF DEVELOPMENT CONTRACT. The Development Contract shall remain in full force and effect and shall also apply to Chanhassen West Business Park. 3. SPECIAL CONDITIONS. In addition to the terms and conditions outlined in the development contract, the following special conditions shall apply to Chanhassen West Business Park: A. The amendment is to extend the time of performance to for the Developer to install all required improvements by one year. The amended time of performance shall be November 15, 2006. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. B. The developer's name shall be amended from Eden Trace Corporation to Volk- Minger Properties LLC--Karen Minger, Chief Manager. 1 4. RECORDING. The Development Contract and this Addendum "A" shall be recorded against all lots, blocks, and outlots in Chanhassen West Business Park. IN WITNESS WHEREOF this Addendum "A" was executed by the parties the day and year first above written. CITY OF CHANHASSEN (SEAL) BY: Thomas A. Furlong, Mayor AND: Todd Gerhardt, City Manager Yolk-Minger Properties LLC BY: Karen Minger 2 STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this _ day of 2005, 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 ST A TE OF MINNESOTA) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2005, by Karen Minger, the Chief Manager of Volk-Minger Properties LLC, 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