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MOTION BY:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
AMENDMENT NO.1
TO
CONTRACT FOR DEVELOPMENT OF LAND
EAGLE CREEK VILLAS
Kedrowski
SECOND BY: Schenck
on July 15, 1996 the City Council approved the Final Plat and approved
Final Plans for Eagle Creek Villas, LLC (hereinafter "Developer"); and
pursuant to the approval, the City Council authorized the Mayor and
City Manager to execute a Contract for Development of Land in the
City of Prior Lake ("Development Contract")for Eagle Creek Villas;
and
the Development Contract provides a townhouse development,
pursuant to Minnesota Statutes Section 462.358 Subdivision 2a, shall
construct certain City Improvements; and
subsequent to the approval and execution of the Development Contract
the City discovered certain infrastructure defects relating to the City's
sanitary sewer lines; and
based upon consultation with the City's Consulting Engineer, MSA and
in the opinion of the Acting City Engineer, repairs to the defective
sanitary sewer presented a serious risk to the health, safety and welfare
of the City; and
the defective sanitary sewer required repair before the Developer could
construct certain Developer Installed and Financed Improvements.
Amendment No.1 to the Contract for Development for Eagle Creek Villas, LLC is amended as
follows:
1. The recitals set forth above are incorporated herein as if fully set forth.
2. Section 4 of the Development Contract is amended by adding subsection 4.3 as
follows:
Developer shall repair on behalf of the City a defective section of the existing 15"
sanitary sewer within the Plat. The defective sanitary sewer shall be considered a
Public Improvement, the cost of which shall be paid by City to Developer.
1626}6w~ Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
3. Those sections in Exhibit D (Developer and City Cost Summary) to the Development
Agreement dealing with City costs are amended to add $50,631.25, for the purpose of
making the necessary repairs to the City's defective 15" sanitary sewer.
4. The total amount owed by City to Developer is revised from $121,693.65 to
$172,324.90.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF
PRIOR LAKE that Amendment No. 1 to the Contract for Development of Eagle Creek Villas,
LLC is approved and payment of the additional City costs authorized, and the Mayor and City
Manager are authorized.
Passed and adopted this 3rd day of September, 1996.
YES NO
Andren X Andren
Greenfield X Greenfield
Kedrowski X Kedrowski
Mader X Mader
Schenck X Sche. ck
{Seal}
RES9694.DOC
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