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.
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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.]
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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