10-22-2018 Council Meeting Packet

Home Search

FIRST AMENDMENT AGREEMENT This Agreement is entered into on this ____ day of October, 2018, by and between the City of Lino Lakes, a Minnesota municipal corporation (“City”), and U.S. Homes Corp. d/b/a Lennar (“Developer“). This Agreement amends the June 19, 2018 Grading and Trunk Utility Agreement (the “GTU Agreement”) between the parties hereto. WHEREAS, the GTU Agreement allowed Developer to install certain improvements, as delineated in the GTU Agreement, prior to receiving full project approvals for the Watermark Subdivision. WHEREAS, Developer wishes to do additional work beyond that authorized by the GTU Agreement described as follows: 1) Sanitary sewer; Main line installation; 2) Water – Main line installation; 3) Sewer water – Service Lines; 4) Storm Sewer – as needed; 5) Streets preparation of subgrade WHEREAS, the above described additional improvements will be installed, and shall be limited to the area of the proposed project depicted in Exhibit A attached hereto. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Developer may install the additional improvements described herein under the terms of the GTU Agreement. 2. Developer shall provide security for the improvements in accordance with the terms of the GTU Agreement. 3. Per the terms of the GTU Agreement, Developer recognizes this additional work is being undertaken prior to full approval of the Watermark project, and Developer accepts the full risk of loss resulting from failed approval, or approval conditions or limitations that may affect the additional work authorized by this First Amendment. 4. Except as expressly provided for herein, all other terms of the GTU Agreement shall apply to this First Amendment. DEVELOPER CITY OF LINO LAKES By:___________________________________ By:_______________________________ Its: ___________________________________ Its: Mayor