HomeMy WebLinkAbout5M - Jeffers Pond Development Agreement
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
ISSUES:
FINANCIAL
IMPACT:
ALTERNATIVES:
JULY 16,2007
5M
STEVE ALBRECHT, DIRECTOR OF PUBLIC WORKS
CONSIDER APPROVAL OF A RESOLUTION APPROVING AMENDMENT
NO.1 TO THE JEFFERS POND DEVELOPMENT CONTRACT
Introduction
The purpose of this agenda item is for the City Council to consider
Amendment No. 1 to the Jeffers Pond Development Contract.
History
On June 5, 2005, the City Council approved the Development Contact for
Jeffers Pond. The development has been substantially completed.
Current Circumstances
As part of the Jeffers Pond Development Contract the Developer completed
certain improvements on the City's behalf for which the City agreed to
reimburse the Developer. The costs related to installation of the pressure
reduction valve (PRV) were estimated as noted in the Development
Contract. An estimate was used because the City had not previous
constructed a PRY and did not have any actual costs beyond estimates
available for preparation of the Development Contract. The work has been
completed and the Developer has requested reimbursement for the cost to
install the PRY which exceeded the $50,000 stipulated in the Contract. The
total additional cost owed to Wensmann Homes by the City is $10,433.04.
Staff does not have any issues with the reimbursement as the Developer is
owed these funds
The funding for the reimbursement shall come from the Trunk Reserve fund
in the amount of $10,433.04. These funds are available for reimbursement
to the Developer.
The alternatives are as follows:
1. Approve Amendment No. 1 to the Development Contract for Jeffers
Pond.
2. Deny this item for a specific reason and provide Staff with direction.
3. Table this item until some date in the future.
RECOMMENDED Alternative 1.
MOTION:
Revie
2007\07 16 07\x Jeffers Pond Amendment AAendQl.doc I k
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DEVELOPMENT CONTRACT
JEFFERS POND
AMENDMENT NUMBER 1
PROJECT #03-31
This AMENDMENT NUMBER 1 ("Amendment") to the DEVELOPMENT CONTRACT dated
June 6, 2005, for Jeffers Pond is entered into this 16th day of July, 2007, by and between the City of Prior
Lake, a Minnesota municipal corporation ("City"), and Wensmann Reality Inc., a Minnesota Corporation
(the "Developer").
Jeffers Pond (referred to in the Development Contract and this Amendment as the "Plat") is legally
described as shown on attached Exhibit A which is incorporated herein as if fully set forth.
Based on the mutual promises and covenants set forth herein, the sufficiency of which is not
disputed, the City and the Developer (collectively "Parties") agree as follows:
1. OVERSIZING. Paragraph 38 of the Development Contract reimbursed the Developer for
oversizing of utilities within the development. Because the exact costs of the City's first pressure relieve
valve structure of this type were unknown an estimate was used for the purposes of the agreement. The
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agreement noted the use of the estimate and stipulated that the City would reimburse additional costs at the
end of the project. The additional oversizing reimbursement due the Developer at this time is $10,433.04.
2. MISCELLANEOUS.
A. Amendments. All of the provisions of the DEVELOPMENT CONTRACT for
Stemmer Ridge, with the exception of these amendments, shall remain in full force and effect, unless
otherwise amended. No additional amendments to this Development Contract shall be valid unless in
writing, signed by the parties and approved by resolution of the City Council. The City's failure to promptly
take legal action to enforce this Development Contract shall not be a waiver or release.
R Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Amendment is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Amendment.
C. Assignment. The Developer may not assign this Amendment without the prior
written approval of the City Council which approval shall not unreasonably be withheld. The Developer's
obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the
entire Plat, or any part of it.
D. Interpretation. This Amendment shall be interpreted in accordance with and
governed by the laws of the State of Minnesota. The words herein and hereof and words of similar import,
without reference to any particular section or subdivision, refer to this Amendment as a whole rather than
to any particular section or subdivision hereof. Titles in this Amendment are inserted for convenience of
reference only and shall be disregarded in constructing or interpreting any of its provisions.
E. Jurisdiction. This Amendment shall be governed by the laws of the State of
Minnesota.
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CITY OF PRIOR LAKE:
By:
Jack G. Haugen, Mayor
By:
Frank Boyles, City Manager
DEVELOPER:
By:
Its:
STATE OF MINNESOTA )
( ss.
COUNTY OF SCOTT)
The foregoing instrument was acknowledged before me this _ day of , 20_,
by Jack G. Haugen, Mayor, and by Frank Boyles, City Manager, of the City of Prior Lake, 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
,20_,
by
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
4646 Dakota Street
Prior Lake, Minnesota 55372
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A RESOLUTION APPROVING AMENDMENT NO.1 TO THE JEFFERS POND
DEVELOPMENT CONTRACT
Motion By:
Second By:
WHEREAS, On June 5, 2005, the Prior Lake City Council approved the Development Contract for
Jeffers Pond with Wensmann Homes; and
WHEREAS, Wensmann Homes has completed the improvements in accordance with the
Development Contract with the exception of final punch list items; and
WHEREAS, As part of the project the Developer completed certain oversizing improvements as
requested by the City and is requesting reimbursement for those improvements in the
amount of $10,433.04 in accordance with the Development Contract; and
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1, The recitals set forth above are incorporated herein.
2. The Mayor and City Manager are authorized to execute on the City's behalf Amendment No. 1 to
the Development Contract for Jeffers Pond.
3. The City is authorized to reimburse $10,433.04 to Wensmann Homes for the Jeffers Pond
Oversizing Improvements.
4. The reimbursement shall be paid from the following accounts: Trunk Water Fund Account # 502-
50076-518.
PASSED AND ADOPTED THIS 16th DAY OF JULY 2007.
YES
NO
Haugen Haugen
Erickson Erickson
Hedberg Hedbera
leMair leMair
Millar Millar
Frank Boyles, City Manager
R\Council\Agenda Reports\2007\07 16 07\Jeffers Pond Amendment Resolution x.doc
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