HomeMy WebLinkAbout2012 - Amendment ✓ D
1111 II I I IN Nil I 11111 I II
Doc No T5012568
Certified, filed and/or recorded on
11/9/12 3:20 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Rachel Smith,Acting Registrar of Titles
Mark V. Chapin,County Auditor and Treasurer
Deputy 55 Pkg ID 881320C
Doc Name:Amendment
Document Recording Fee $46.00
Document Total $46.00
Existing Certs New Certs
1358735
This cover sheet is now a permanent part of the recorded document.
(reserved for recording information)
FIRST AMENDMENT TO
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
WILLOW HILL
•
PROJECT NO. 11-3534
AGREEMENT dated October 10, 2012, by and between the CITY OF ORONO, a
Minnesota municipal corporation ("City"); and MARK J. NELSON, DANIEL A. NELSON
AND CINDY L. NELSEN,TRUSTEES FOR THE EDITH L. NELSON FAMILY TRUST
U/A 10/6/97(hereinafter collectively referred to as the"Developers").
1. DEVELOPMENT CONTRACT. The City and the Developers entered into a
Development Contract for the plat of "WILLOW HILL" dated August 27, 2012 (the
"Development Contract")and filed for record with the Hennepin County Recorder on
2012, as Document No. `4.I j\ -4 I (the"Development Contract"). The Development
Contract shall remain in full force and effect except as specifically amended by this First
Amendment to Development Contract("First Amendment").
2. AMENDMENT OF PARAGRAPH 6. Paragraph 6 of the Development
Contract is hereby amended to read as follows:
6. CHANGES IN OFFICIAL CONTROLS. For three (3) years from the date of
166756 1
this Contract,no amendment to the City's Comprehensive Plan,or official controls shall apply to
or affect the use, development density, lot size, lot layout or dedications of the Land unless
required by state or federal law or agreed to in writing by the City and the Developer.
Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted
by state law,the City may require compliance with any amendments to the City's Comprehensive
Plan, official controls,platting or dedication requirements enacted after the date of this Contract
with respect to property which did not receive final plat approval prior to any such amendment.
3. AMENDMENT OF PARAGRAPH 12. Paragraph 12 of the Development
Contract is hereby amended to read as follows:
12. TIME OF PERFORMANCE. The Developer shall install all Improvements as
contemplated by Section 8 and the approved Plans by November 30, 2013,with the exception of
the final wear course of asphalt on streets. The final wear course on streets shall be installed
between August 15th and September 15th the first summer after the base layer of asphalt has
been in place one freeze thaw cycle. The Developer may,however,request an extension of time
from the City. If an extension is granted, it shall be conditioned upon updating the"security" to
reflect cost increases and extended completion date. Final wear course placement must have the
written approval of the City Engineer, and may be delayed or scheduled at any time of the year
based upon existing site conditions at the discretion of the City Engineer.
IN WITNESS WHEREOF,this First Amendment to Development Contract was
executed by the parties the day and year first above written.
CITY OF ORONO
By: IX-
Lili Tod McMillan,Mayor
166756 2
(SEAL)
By: -711..ci
Linda S.Vee,City Clerk
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this go- day of
1\101/1444/024" , 204, by Lili Tod McMillan and by Linda S. Yee, respectively the Mayor
and City Clerk of the City of Orono, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
•
Mrl!JJ.r./l✓!J!l!Jl../''lll,/✓l!JJ:/J..f akY`M" v( ` "/ J /�/-,f����
MONICA A.FADNESS NOTARY PUBLIC / "�C f
ti . ::•.� NOTARY PUBLIC•MINNESOTA
My Commission Expires Jan.31,2017
DEVELOPER:
THE EDITH L. NELSON FAMILY
TRUST U/A 10/6/97
•
Mark J.Nelson,T7stee
•
D el A.Nelson Trus e
�.ne-tA-e--vt
Cindy L.Nel0a,Trustee
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was, acknowledged before me. this 0.4 "-/day of
,2012,by Mark J.Nelson.
- Ii
r
TIPP1N A BERG Notary Pu.lic
; NOTARY PUBLIC•MINNESOTA
My Comm,Expires don.31.2015
166756 3
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this y of
,,, I . ):.'-1 A.Nelson.
" TIPPIN A BERG:
�
' NOTARY PUBLIC-MINNESOTA C t u
t FAy Comm.Expires Jon.91.2015 Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
•
The foregoing instrument was acknowledged before me this tc f-i`--day of
re),mit_oej, ,2012,by Cindy L.Nelsen.
TIPPIN A BERG • Notary Public
• NOTARY PUBLIC•MINNESOTA
I} (�
Fly Comm.ExpIroi Jon.31.2015
•
166756 4