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Home My WebLink About2006-06-12 WC Recorded Document #3589270 - Amended Developers Agreement3589270 11 1 1111 11111111 1111111111 1111111111 Office of the County Recorder Washington County, MN Z1 00 FIRST AMENDMENT TO Certified filed and /or recorded on: 2006!06/12 11.37.00 AM 3589270 Clndy Koosmenn County Recorder By CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA AMENDED DEVELOPER'S AGREEMENT' TMS FIRST AMENDMENT TO CITY OF OAK PARIS HEIGHTS, wASI11NGTON COUNTY, MINNESOTA., .AMENDED DEVELOPER' S AGREEMENT ( "First Amendment) is made this V day of June, 2006, by and between the City f oak Park Heights, a Minnesota y municipal corporation ( "City "), a Fox Hollow East, LLC, a Minnesota limited liability company ("Developer"), and Fox Hollow East Master Association, a Minnesota non-profit corporation ("Association"). RECITALS A. The Developer made application to the City for approval of a planned unit development permit, comprehensive plan amendment and for a plat approval of land within the corporate limits of the City ( "Subdivision "), described as follows: OUTLOTS A, B, and C, Lots 1 and 2, Block 1 and Lot 1, Block 2 FOX HOLLOW PUD 1 This document effective amends the amended Developer's Agreement recorded as Doc. No. 3545480 recorded in the office of the County Recorded in and for Washington Count y, Minnesota. B. The City had, on August 24, 2004, granted original approval to the Subdivision and approved related permits, on the condition that the Developer enter into that certain development agreement dated April 22, 2005, recorded on June 3, 2005, as Document Number 3 5173 51, which was amended and restated by that certain amended development agreement dated October 7, 2005, recorded on October 12, 2005 as Document Number 3545480 (collectively, "Development Agreement "), which is incorporated herein by reference and amended by this First Amendment. C. Unless otherwise defined herein, all. capitalized terms used in this First Amendment shall have the same meanings as defined in the Development Agreement. D. The Development Agreement stipulated the conditions for the installation of street, water, sewer and other public improvements as well as the development of on --site improvements, all in accordance with the te and conditions set forth therein. E. Subsequent to the recordation of the Development Agreement, Outlots A, B, and O were transferred to the Association. F. The parties hereto wish to clarify certain terms and conditions of the Development Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which. are hereby acknowledged, the parties hereto covenant and agree as follows: 1. The above - stated recitals are true and correct and are incorporated herein by reference. 2. Section d, GENERAL subsection. B8 on page 12, which reads "At least one van accessible stall shall be provided, in addition to the two stalls shown on the plan, for the office building. The City Engineer shall comment on the parking stall dimensions within the office building parking garage ", is hereby deleted in its entirety from the Development Agreement and replaced as follows: 8. At least two van accessible stalls shall be provided, as shown on the plan, for the office building . 2 3. Section 6, GENERAL subsection B2 on page 13, which reads "Lot 1, Block 1 shall be merged with the adjacent lots for tax purposes and deed restrictions shall be placed upon the lot so no construction can occur on the property in the future. The lot merger and deed restriction documents shall be subject to the review and approval of the City Attorney ", is hereby deleted in its entirety from. the Development Agreement and replaced as follows: 2. outlots A, B and C shall be merged for tax purposes and deed restrictions shall be placed thereon so no construction can occur thereon in the future. The lot merger and deed restriction documents shall be subject to the review and approval of the City Attorney. 4. Section 6, GENERAL subsection P on page 16, is hereby deleted in its entirety from the Development Agreement and replaced as follows: P. outlots A B & C and Lot L--Block 1. The outlots A, B and C of the Subdivision which contain the internal streets and storm water retention facilities shall be merged into a single tax parcel, for payment of real estate tax obligations to the City and Washington County. A confirmation of merger will be provided by the Developer to the City within 10 days following release of the plat for recording by the City. outlots A, B and C shall be cumulatively regarded by the City as a single indivisible parcel for all purposes under the City's ordinances and land development codes and no further subdivision or development thereon shall be allowed. The use and development of Lot 1, Block 1, is restricted to provide exclusive parking for Lot 1, Block 2. All other development rights to Lot 1, Block 1, are waived and released by this First Amendment. Lot 1, Block 1 and Lot 1, Block 2 shall be regarded as a single indivisible lot for development purposes under the City's zoning and subdivision codes. 5. Reaffirmation Except as expressly set forth in this First Amendment, City, Developer and Association hereby acknowledge, restate and reaffirm all other representations, warranties and covenants stated in the Development Agreement. Except as expressly modified by this First Amendment, all other terms and conditions of the Development Agreement shall continue unmodified and remain in full force and effect. 3 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the day and year first above written. THE FOLLOWING PAGES ARE THE SIGNATURE AND NOTARY PAGES. ►.1 ON CITY OF OAK PARK HEIGHTS (a Min ota mun' 'pa orporation) By: David Beaudet STATE OF MINNESOTA ) ss COUNTY OF 6[�i_�';hi'� ) Its: Mayor . zwk . in trument was acknowled ed before me this day of June 200 b David The forego s g y y Beaudet, the Mayor of the CITY OF OAK PARK HEIGHTS, a Minnesota municipal corporation, on behalf of the municipal corporation.. JUUE R. JO PUBLIC - MINNESOTA R IENOTARY y Comm #ss�on Ex res f� .fan. 31.2010 .......... ............ 4 Notary Public This is a signature and notary page to that certain First Amendment to City of Oak Park Heights, Washington County, Minnesota, Amended Developer's Agreement dated June Zoos. Fox Hollow East, LLC (a Minnesota limited liability company) t }• By. Jea. A au e Its: Chief Manager STATE OF MINNESOTA ) Iw ss COUNTY OF �C� �Vu kiz�eq ) The foregoing instrument was acknowledged before me this 2006 day of June, by Jeff G. Hause, the Chief Manager of Fox Hollow East, LLC, a Minnesota limited liability company, on behalf of the limited liability company. .t Notary Public This is a signature and notary page to that certain First Amendment to City of Oak par b k �A Heights, Washington County, Minnesota, Amended. Developer's Agreement dated June � 31 2006. Fox Hollow East Master Association (a Minnesota non - profit corporation) B y: z') Je G. a t� U v Its: President STATE OF MINNESOTA ) (^ ss COUNTY OF �U�,�; �� ) r !SJ� b The foregoing instrument w as acknowledged b efo re m e this s day of June 2006 y Jeff G. Hause, the President of Fox Hollow East Master .Association, a Minnesota non - profit corporation, on behalf of the non profit corporation. JULIE R. JOHNSON NOTARY PUBLIC - WNNESOTA �. t s My C mmisslon Ex0es Jan 31 2010 Notary Public This is a signature and notary page to that certain First Amendm to City of Oak Par Heights, Washington County, Minnesota, Amended Developer's Agreement dated ,dune IF 11 20060 (I �,, 1 (3 FFAAA p olt.-S �v I ( -ter 4- j vc v.f'k� &/jfj 0 / ce�l � 1