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1d Pinehurst, Project 05-03 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 wwwci.chanhassen.mn.us J-cL MEMORANDUM <f. () , TO: Paul Oehme, City Engineer/Dir. of Public Works Alyson Morris, Assistant City Engineer~ 6~ FROM: DATE: November 14, 2005 SUBJ: Approve Addendum to Pinehurst Development Contract Project No. 05-03 The developer of Pinehurst has requested an extension for the time of performance. The development contract for Pinehurst, approved by the City Council on March 14,2005 and recorded on July 25, 2005, stipulates that the developer shall install all required improvements by November 15,2005. Due to the number of rain delays this project has experienced, staff recommends that the time of performance be extended to November 15, 2006. g:\eng\projects\pinehurst\approve addendum a.doc The City 01 Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautitul parks. A great place to live, work, and play. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ADDENDUM "A" TO PINEHURST DEVELOPMENT CONTRACT SPECIAL PROVISIONS AGREEMENT dated November 14, 2005, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and Ploweshares Development, LLC, a Minnesota limited liability company (the "Developer"). 1. BACKGROUND. The City and Developer entered into a development contract for the Pinehurst dated March 14,2005, recorded July 25,2005 as Document No. A419431 with the Carver County Recorder's office (the "Development Contract"). 2. EXTENSION OF DEVELOPMENT CONTRACT. The Development Contract shall remain in full force and effect subject to the following amendment: All required improvements must be completed by 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. 1 3. RECORDING. The Development Contract and this Addendum "A" shall be recorded against all lots, blocks, and outlots in Pinehurst. 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 PLOWSHARES DEVELOPMENT, LLC BY: Todd M. Simning, Chief Manager 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 ATE OF MINNESOTA) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2005, by Todd Simning, the Chief Manager of Ploweshares Development, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public Drafted by: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 3