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DC recordedDocument No. A654978 OFFICE OF THE COUNTY RECORDER CARVER COUNTY, MINNESOTA Recorded on -November 20, 2017 3:59 PM Fee: $46.00 111111 11 11 1111111 111 Kaaren Lewis 654978 County Recorder FIRST AMENDMENT TO DEVELOPMENT CONTRACT FAWN HILL THIS FIRST AMENDMENT TO DEVELOPMENT CONTRACT ("Amendment') is made this 1-j day of K�-Wrfry -r, 20 L-7, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and HP HOLDINGS, LLC, a Minnesota limited liability company (the "Developer"). 1. The City and Developer previously entered into a Development Contract dated August 14, 2017 2017 and filed of record on September 14, 2017 with the Carver County Recorder as Document No. 651667 concerning the plat of Fawn Hill ("Development Contract'). 2. Paragraph 8A, Securities and Fees, of the Other Special Conditions of the Development Contract, is hereby amended to read in its entirety as follows: A. SECURITIES AND FEES A $593,301.14 letter of credit or escrow for the developer -installed improvements, the $115,192.41 cash administration fee and the fully -executed development contract must be submitted and shall be submitted prior to scheduling a pre -construction meeting. 1 1947741 Administration fee (based on estimated construction cost: 3% of $491,160.25) $ 14,734.81 GIS fee: 10 parcels P. $10/parcel + $25 for the plat $ 125.00 Park Dedication fee: 9 parcels @ $5,800/parcel $ 52,200.00 Partial payment of City sewer and water hookup fees: 10 units P. $691/unit (sewer) + $2,147/unit (water) $ 28,380.00 Street light operating fee: 2 lights @ $300/light $ 600.00 Surface Water Management fee $ 19,152.60 TOTAL $ 115,192.41 3. Paragraph 8B, Conditions of Approval, subparagraph 8 under "Engineering" is hereby amended to read in its entirety as follows: 8. The SWMP Fee is $58,915.20. The SWMP Credit is $16,909.05. The City will reimburse the Developer $22,853.55 for the cost of upsizing the stormwater pipe, manhole and flared end section to accommodate off-site water. The net SWMP Fee due at the time of final plat is $19,152.60. 4. Except as herein amended, the Development Contract shall remain in full force and effect. IN WITNESS VY'MREOF, the parties have caused this Amendment to be executed this LS+ day of �6�hew�be.v 20n [The remainder of this page has been intentionally left blank. Signature pages follow.] 2 1947741 i WTM STATE OF MINNESOTA ) )ss. CITY OF CHANHASSEN By:47.�N D�fenbu ger, Mayo And t� odd Gerhard, City Manager COUNTY OF CARVER ) LL The foregoing instrument was acknowledged before me this I5- - day of LViPJN Il►�, 20_, by Denny Laufenburger 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. T NotaryPub 1c I KIMT . MEUWISSENere' NotaPublic-Minnesota�" My comW. E.Plree Jen 31, 2020 194774vt STATE OF MINNESOTA ) )ss. CITY OF CHANHASSEN By:47.�N D�fenbu ger, Mayo And t� odd Gerhard, City Manager COUNTY OF CARVER ) LL The foregoing instrument was acknowledged before me this I5- - day of LViPJN Il►�, 20_, by Denny Laufenburger 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. T NotaryPub 1c I KIMT . MEUWISSENere' NotaPublic-Minnesota�" My comW. E.Plree Jen 31, 2020 194774vt STATE OF MINNESOTA ) )ss. COUNTY OF 1&y&EAZ ) The foregoing instrument was acknowledged before me this day of 2017, by Timothy J. Brown, the Vice -President of HP Holdings, LLC, a Minnesota limited liability company, on its behalf. ANASTASIOS C. BAKRITGE S Notary Publlo-Min MyComnsnE*heJ' DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 AMP 194774v1 Notal Public FEE OWNER CONSENT TO AMENDMENT TO DEVELOPMENT CONTRACT HPH Fawn Hill, LLC, a Minnesota limited liability company, fee owner of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by it. I Dated thisr4 day of �raSSR "" HPI Un STATE OF MINNESOTA ) )ss. COUNTY OF ,) ) The foregoing instrument was acknowledged before me this irf day of 6�2017, by Timothy J. Brown, the Vice -President of HPH Fawn Hill, LLC, a Minnesota limited liability company, on its behalf. 1MI"Tll" A C. BAKRITGES Notary pubflo-Minnesota MS' C0MM1WW EVkWJW 31.2018 DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 AMP 1947741 MORTGAGE HOLDER CONSENT TO AMENDMENT TO DEVELOPMENT CONTRACT CROWN BANK, a Minnesota corporation, which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, which mortgage is dated September 13, 2017 and recorded September 14, 2017 with the Carver County Recorder as document number A651673 agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this 17-nv day of Oc-no cc 2 , 2017. By: 4zk.c. /• Join. Linqffwst Its Senior Vice President STATE OF MINNESOTA ) )ss. COUNTY OF !? 1 n (1 ) Y r going _p� u e Iwas acknowledged,bg€pre me this day of (1 U ��✓, 2017, by (� T the �u �✓ of Crown Bank, a Minnesota corporation, on behalf of the bank. 1/11 LORETTA H. SMITH Notary Public -Minnesota My emmn,MWn E%ptra9 an 37, 2020 DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 AMP 1947741 MORTGAGE HOLDER CONSENT TO AMENDMENT TO DEVELOPMENT CONTRACT EXCELSIOR CAPITAL SUB IH, LLC, a Minnesota limited liability company, which holds two mortgages on the subject property, the development of which is governed by the foregoing Development Contract, which mortgage are dated September 13, 2017 and recorded September 14, 2017 with the Carver County Recorder as document numbers A651675 and �i6fs agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgages. A651676 Dated this 18' day of October, 2017. EXCELSIOR CAPITAL SUB III, LLC STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 181h day of October, 2017, by Jay Schoo, the Vice President of Excelsior Capital Sub III, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Not P 1c 'a LYNN M. TH0M ' h NOTARY PUBLIC-MJNNESOTA Ny Canmission Expires Jan, 31, 2020 DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 AMP 1947741 MORTGAGE HOLDER CONSENT TO AMENDMENT TO DEVELOPMENT CONTRACT EXCELSIOR CAPITAL SUB I, LLC, a Minnesota limited liability company, which holds two mortgages on the subject property, the development of which is governed by the foregoing Development Contract, which mortgage are dated September 13, 2017 and recorded September 14, 2017 with the Carver County Recorder as document numbers A651675 and A6JMgrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgages. 1651676 Dated this 18' day of October, 2017. EXCELSIOR CAPITAL SUB 1, LLC ay Schoo Its Vice President STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 18th day of October, 2017, by Jay Schoo, the Vice President of Excelsior Capital Sub I, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary 1c 1 � LYNN M. TH4M s+_:. �� NOTARY PUBLIC -MINNESOTA '� A4y Canmission Expires Jan. 31, 2020 DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 AMP 194774v1