3c Pinehurst Dev Contract Amdt
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
WNW.ci. chanhassen. mn. us
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MEMORANDUM
VI
TO:
Paul Oehme, City Engineer/Dir. of Public Works
Alyson Fauske, Assistant City Engineer (}~~.
February 27, 2006
FROM:
DATE:
SUBJ:
Approve First Amendment to Pinehurst Development
Contract - Project No. 05-03
Plowshares Development and Lundgren Brothers Construction (a.k.a. US Homes
Corporation and Lennar Construction) own lots within the Pinehurst development.
The builders discovered that the proposed housing product would exceed the
impervious surface coverage standard. within the development, therefore the
builders are requesting to re-plat the entire development as Pinehurst 2nd Addition,
thus eliminating two lots from the development.
In order to process this request, the City and the developer must agree to amend
the development contract. The fee owners and mortgage holders must consent to
the amendment.
Staff recommends approval of the first amendment to the Pinehurst Development
Contract.
G:\ENG\PROJECTS\Pinehurst (Mancino prop.)\Approve first amendment.doc
The City of 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.
FIRST AMENDMENT TO
DEVELOPMENT CONTRACT
FOR
PINEHURST
AGREEMENT dated
, 2006, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation ("City"), and PLOWSHARES DEVELOPMENT, LLC, a Minnesota limited
liability company (the "Developer").
1. EXISTING AGREEMENT. The parties have previously entered into a Development
Contract for PINEHURST dated March 14, 2004, and recorded with the office of the Carver County
Recorder on July 25, 2005 as Document No. A419432, and Addendum "A" to Pinehurst Development
Contract dated November 14, 2005, and recorded with the office of the Carver County Recorder on January
18, 2006 as Document No. A433262 (the "Development Contract"). The Development Contract which is
incorporated herein by this reference shall remain in full force and effect except as specifically modified by
this First Amendment.
2. REPLA T. The property legally described on Exhibit "A" to the Development Contract
platted as "PINEHURST" is replatted, without the addition or deletion of property, as "PINEHURST 2ND
ADDITION". The Development Contract shall apply to Pinehurst 2nd Addition as modified herein.
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Development and U.S. Home Corp.)
3. ADDITIONAL OTHER SPECIAL CONDITIONS.
A. The water service curb stops must be removed and spot liners must be installed in
the sanitary sewer services in Manchester Drive (one sewer and one water service) and inn front of Lot 5,
Block 1, Pinehurst 2nd Addition (one sewer and one water service at Station 1 +07).
B. A final grading plan and soils report must be submitted to the Inspections Department
before building permits will be issued. The soils report must have a lot conversion table identifying how the
test results from the original subdivision correlate to the new lot descriptions.
C. The Developer shall create a Homeowners Association to take responsibility for the
retaining walls that cross property lines and maintain them. Homeowners Association documents are
subject to approval by the City Attorney.
D. The Developer must ensure that the soils under all revised building pads meet
required densities.
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
(S EAL)
AND
Todd Gerhardt, City Manager/Clerk
DEVELOPER:
PLOWSHARES DEVELOPMENT, LLC
BY:
Its
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Development and u.s. Home Corp.)
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, the Mayor and City Manager/Clerk 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
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2006, by the
Plowshares Development, LLC, a Minnesota limited liability company, on its behalf.
,
of
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL,KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452-5000
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Development and u.s. Home Corp.)
FEE OWNER CONSENT
TO
FIRST AMENDMENT TO DEVELOPMENT CONTRACT
FOR
PINEHURST
u.s. HOME CORPORATION, a Delaware corporation, fee owner of all or part of the subject
property, the development of which is governed by the foregoing First Amendment to Development Contract
for Pinehurst and the Development Contract described therein, affirms and consents to the provisions
thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject
property owned by it.
Dated this
day of
,2006.
u.s. HOME CORPORATION
BY:
Marc S. Anderson
Its Executive Vice President
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of ,
2006, by Marc S. Anderson, the Executive Vice President of U.S. Home Corporation, a Delaware
corporation, on behalf of the corporation.
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452-5000
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Development and U.S. Home Corp.)
MORTGAGE HOLDER CONSENT
TO
FIRST AMENDMENT TO DEVELOPMENT CONTRACT
FOR
PINEHURST
LAKELAND CONSTRUCTION FINANCE, LLC, a Minnesota limited liability company, which holds
a mortgage on the subject property, the development of which is governed by the foregoing First
Amendment to Development Contract for Pinehurst and the Development Contract described therein,
agrees that the same shall remain in full force and effect even if it forecloses on its mortgage.
Dated this _ day of
,2006.
LAKELAND CONSTRUCTION FINANCE, LLC
BY:
Its
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
2006, by the
Construction Finance, LLC, a Minnesota limited liability company, on its behalf.
of
Lakeland
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL,KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452-5000
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Development and U.S. Home Corp.)