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1b. Approve Addendum B to Chan West Business Park Development Contract CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone 952.2271100 Fax 952.2271110 Building Inspections Phone 952.2271180 Fax 952.227 1190 Engineering Phone 952.2271160 Fax 952.2271170 Finance Phone 952.2271140 Fax 952.2271110 Park & Recreation Phone 952.227 1120 Fax 952.2271110 Recreation Center 2310 Coulter Boulevard Phone 952.2271400 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 952.2271310 Senior Center Phone 952.2271125 Fax 952.227 1110 Web Site www.ci.chanhassen.mn.us lh <<ll;(r"'~.a~,=,~ MEMORANDUM TO: Paul Oehme, CIty Engineer/DIr. of Public Works?, tJ. Alyson Fauske, AssIstant City Engmeera:!' ~ . August 14, 2006 FROM: DATE: SUBJECT: Approve Addendum B to Chanhassen West Busmess Park Development Contract - Project No. 05-15 The owner of Chanhassen West Business Park has provided documentation to City Staff showing that the trunk sanitary sewer and watermam fees for thIS development were assessed to the property m conjunction with the Upper Bluff Creek Sewer and Water Project, CIty Project 91-17B. The $224,500.00 assessment has been paId according to Carver County Tax statements provIded to staff. Based on thIS information, the Sewer and Water Hookup Fees are not due with the building permit, therefore staff recommends approval of Addendum B to the development contract. The City Attorney has reviewed this information and has ensured that it is in order. G'\EN G\PROJECTS\A -E\Chan W estB usPark\Approve Addendum B.doc The City ot 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 "B" TO CHANHASSEN WEST BUSINESS PARK DEVELOPMENT CONTRACT SPECIAL PROVISIONS AGREEMENT dated August 14,2006, by and between the CITY OF CHANHASSEN, a Minnesota mumcIpal corporation ("City") and VOLK-MINGER PROPERTIES, LLC, a Minnesota lIrruted lIabIlIty company (the "Developer"). 1. BACKGROUND. The City and the Developer entered Into a development contract for Chanhassen West Business Park dated October 10, 2005, recorded October 13,2005 as Document No. A426223, amended by Addendum "A" to Chanhassen West BusIness Park Development Contract dated November 16,2005, recorded November 28,2005 as Document No. A429887 (the "Development Contract"). The Development Contract shall remain In full force and effect except as specifically modified by the Addendum. 2. SPECIAL CONDITIONS. Paragraph FF of the Development Contract shall be amended to read as follows: FF The property was assessed the trunk samtary sewer and trunk watermain charges In 1994 in conjunction with City Project 91-17B, Upper Bluff Creek Sewer and Water. ThIS 1 assessment has been paid, therefore Sewer and Water Hookup Fees are not due with the building permit. The Metropolitan Council Sanitary Access Charge ("Metro SAC") is payable at the time of building permit issuance. The 2006 Metro SAC is $1 ,625/SAC unit. 3. RECORDING. The Development Contract, Addendum "A" and this Addendum "B" shall be recorded against all lots, blocks, and outlots In Chanhassen West Business Park. IN WITNESS WHEREOF this Addendum "B" 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 VOLK-MINGER PROPERTIES, LLC BY: Karen Minger 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 STATEOFMINNESOTA ) ( ss. COUNTY OF ) The foregOIng Instrument was acknowledged before me this day of 2006, by Karen Minger, the Chief Manager of Yolk-Minger Properties, LLC, a Minnesota lImited lIabIlIty company, on behalf of said company. Notary PublIc Drafted by: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 3