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1e Approve Henry Development Contract Proj. 05-05 CITY OF CHANHASSEN 7700 Market Bou levard PO Box 147 Chanhassen, MN 55317 Administration Phone 952.227.1100 Fax 952.227.1110 Building Inspections Phone 952.227.1180 Fax 952.2271190 Engineering Phone 952.227.1160 Fax: 952.227.1170 Finance Phone 952.227.1140 Fax 952.2271110 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 .1~ ."",..--. MEMORANDUM TO: Paul Oehme, City Engineer/Dir. of Public Works Alyson Fauske, Assistant City Engineer ().+ 0' FROM: ci..,-? DATE: January 23, 2006 SUBJ: Approve Addendum to John Henry Development Contract Project No. 05-05 The developer of John Henry Addition has requested an extension for the time of performance. The development contract for John Henry Addition, approved by the City Council on April 11, 2005 stipulates that the developer shall install all required improvements by November 15, 2005. Due to changes in the construction and demolition plans, the developer requests that the time of performance be extended to July 31,2006. Attachment: 1. January 3,2006 email message from Tim McGuire 2. Amendment g:\eng\projects\john henry add\approve addendum a.doc The City of 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. Page 1 of 1 Fauske, Alyson From: Tim P. McGuire [tim@mcguireandsons.com] Sent: Tuesday, January 03, 200610:16 AM To: Fauske, Alyson Regarding the extension request for the John Henry Addition I offer the following: Reason for the extension: Development plans have changed from the original plan and now includes the demolition of the existing house. The property has been sold to 10Springs Construction and we anticipated construction to start in the spring. Extension request date: July of 2006 If you have any further questions, please call at 852-292-5541 "Pax Vobis" Tim McGuire 1/10/2006 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ADDENDUM "A" TO JOHN HENRY ADDITION DEVELOPMENT CONTRACT SPECIAL PROVISIONS AGREEMENTS dated April 11, 2005, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and Timothy P. McGuire, a married person (the "Developer"). 1. BACKGROUND. City Council approved the development contract for John Henry Addition (the "Development Contract") at the April 11, 2005 City Council meeting. 2. EXTENSION OF DEVELOPMENT CONTRACT. The Development Contract shall remain in full force and effect and shall also apply to John Henry Addition. 3. SPECIAL CONDITIONS. In addition to the terms and conditions outlined in the development contract, the following special conditions shall apply to John Henry Addition: 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 July 31,2006. The Developer may, however, request an extension of time from the City. If an extension is 1 granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 4. RECORDING. The Development Contract and this Addendum "A" shall be recorded against all lots, blocks, and outlots in John Henry Addition. 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 BY: Timothy P. McGuire 2 STATE OF MINNESOTA) ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this _ day of 2006, 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 2006, by Timothy P. McGuire. day of Notary Public Drafted by: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 G:\ENG\DC\John Henry Addendum A.doc 3