2007 03-20 CCP - Laserfiche WebLink

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CITY OF GEM LAKE SECOND AMENDMENT TO DEVELOPER'S AGREEMENT THIS AGREEMENT (the "Second Amendment") is made this 20t" day of March, 2007 between the CITY OF GEM LAKE, a Minnesota municipal corporation (the "City") and HILLARY FARM, LLC, a Minnesota limited liability corporation ("Hillary Farm"). RECITALS WHEREAS, this City and Hillary Farm entered into a Developer's Agreement dated the 231d day of August, 2004 ("Developer's Agreement") for the development of property to be platted as Hillary Farm in the City of Gem Lake; WHEREAS, the Developer's Agreement was amended by that certain Amendment To Agreement Hillary Farm Bituminous Road Work vs. Building Permits, executed November 8, 2004 (the "First Amendment"); WHEREAS, the City passed Resolution No. 2006-23C extending the period of exemption from changes in Gem Lake Zoning Ordinance No. 43G to the date of issuance of the building permit for the final lot sold in the subdivision; WHEREAS, by Resolution 2007-08 the City removed the requirement that the extension is provided solely as long as Mr. McNulty remains the sole owner of Hillary Farm; WHEREAS, the City instituted a 15% surcharge to Hillary Farm on all of the City's consultant fees; WHEREAS, the City and Hillary Farm have agreed on the method to measure the height of the residences in Hillary Farm; and WHEREAS, Hillary Farm commenced a detachment/attachment proceeding before the State of Minnesota Office of Administrative Hearings Municipal Boundary Adjustments Unit captioned as D-441 Gem Lake/A-7467 Vadnais Heights (Hillary Farm Petition; 82 acres). NOW, THEREFORE, in consideration of Hillary Farm dismissing the above -captioned detachment/attachment proceeding and the City's adoption of Resolution No. 2007-08, the parties agree that: 1. In accordance with Resolution 2007-08 the period of exemption from changes in Gem Lake Comprehensive plan or "official control", including Zoning Ordinance No. 43I, is extended to the date of issuance of the building permit for the final lot sold in the subdivision. 2. The City shall not charge Hillary Farm any surcharge on top of the City's consultant fees.