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HomeMy WebLinkAboutResolution - 2007-43 - United Healthcare Services First Amendment to Developer's Agreement - 03/20/2007 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2007-43 A RESOLUTION APPROVING FIRST AMENDMENT TO DEVELOPER'S AGREEMENT FOR UNITED HEALTHCARE SERVICES, INC. GRANTING EXTENSION TO THE DEVELOPER'S AGREEMENT WHEREAS, United Healthcare Services, Inc has received City Council approval for United Health Group PUD for Guide Plan Change from Office to High Density Residential on 19 acres, Office to Regional Commercial on 4.2 acres, Office to Neighborhood Commercial on 4.5 acres, Medium Density Residential to Quasi-Public on 10 acres, and Medium Density Residential to Office on 5 acres, Planned Unit Development Concept Review on 72 acres, and Alternative Urban Areawide Review (AUAR) on 72 acres as more fully described in a Development Agreement dated April 9, 2002; and WHEREAS, a condition of said Development Agreement is set forth in paragraph IV of Exhibit C states "In recognition of the size, scope, and complexity of this project and further in recognition that this project will be built over a period of many years, and that the Developer indicates that construction will not be immediately initiated, and in fact, may take several years to initiate construction, for a period of five (5) years from the date hereof 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 dedication or platting required or permitted by the City as set forth in this Agreement. If Developer fails to proceed in accordance with this Agreement within five (5) years of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any Guide Plan Change or PUD approved in connection with this Agreement, thus restoring the status of the Property before the Developer's Agreement and all approvals listed above were approved." and WHEREAS,the sixty(60)month will expire on April 9, 2007; and WHEREAS, Developer has not proceeded with the Agreement and has requested approval of an amendment and extension of the condition set forth in paragraph IV of Exhibit C to the Developer's Agreement until April 9, 2012; and WHEREAS the City Council has reviewed said amendment and extension requests at its March 20, 2006; meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby approves the First Amendment to the Developer's Agreement extending the time period referred to in paragraph IV of Exhibit C to March 20, 2008, subject to the terms of the First Amendment. ADOPTED by the City Council of the City of Eden Prairie this 20th f March 2007. h?----N Phil Young,for ATTEST: ,4*&,) �4 Ka th en Porta, City Clerk