HomeMy WebLinkAbout6.a. West Ridge PUD Agreement c"� �"._� • . � . � � . . � � . .
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( ���� � 28?5-145TH ST W
��s'�p y� ROSEMOUN7: MIWNESOTA 55f}68
�JG���♦�� 612-423-4411
TO: CITY COUNCIL ���� � � �
FROM: MICHAEL WC)ZNIAR� AICg, CITY PLANNTR
11ATEt DECBM88R 15i 1989
SUBJ: DEC8M88R 19, 1989 - REG4ULAR ME�TINt3 REV'ISWS
WE$T RTDtiE PUD AM8NDM8NT
Under the conditions of the West Ridge Planned Unit Development
Agreement, Rasemount Development eo. , is required to dedicate to
the City 8.3 acres of park land (southern portion a€ Jay Cee Park)
by January 1, 1990 or pay the City $50,000 in cash, The 3.nt�nt of
the PUD Agreement was that the Park would be dedicated to the City
upon the platting af West Ridge Fourth Addition. The Bra�ack's are
not prepared to plat the Fourth Addition at this time and they do
not at tt�is time awn the park land but do have a purchase agreement
to buy it in the future.
Based upon the timing for construction of Jay Cee Park it is
impor�tant that the City control the p�rk acreage by at least the
middle af 1990 or be in jeopardy of losing a $35,000 grant �Qr park
development. To allow the Broback's additional time to secure the
park property and dedicate it to the City it is the recomm�ndation
of StaEf that the Council consider authorizing an amen+dment to tY�e
West Ridge Planned Unit Development Agreement (see �ttached PUD
Addendum) .
mhe addendum to the West Ridge PUD would amend the park dedication
re�uirement to a11aw an extensidn to �'une 30, 1990 far a date by
which the park land would have to be deeded to the City. However,
if the City has not received the park land by June 30, 1990 the ,
addendum would call for a cash payment of $83,000. This sum of
$83, 004 relates to the current cash value for park dedication af
$10, 000 per acre jrecently established by Council) .
It is the recommerrdation of Staff that Council approve the attacY�ed
PUD Addendum. Y should alsa note that the Broback's have not
indicated whether the conditions of the addendum are acceptable to
them. Yf they dn not choose to accept the terms of an amendment
to the agreement they would be obligated to meet the conditions of
the existing agreement. It is certainl.y the preference of the City
to receive the land rather than cash because of the extensive
planning and construction already invested into Jay Cee Park
. . � a. .....� � � � � . . � . .� . � .. . �:
ADDSli1�UM TO PLR�iNED UNIT
DEVELOPMENT AND SUSDIVISION AGiRB�NT
AGREEMENT date , 1989, between the CITY OF
ROSEMOUNT, a Minnesota municipal corporatinn (the "City" ) , and
ROSEMOUNT DEVELOPMENT CO. , a Minnesota corporation, (The
°Developer" ) .
l. Prior Agreernerxt. This is an addendum ta a planned Unit
Development and Subdivisian Agreement prsviously entered into
between the parties for the WEST RIDGE development {dated June 2,
198'7) . Except as specifically set forth below, the prior
agreement between the parties remains in full force and effect.
2. Park Dedication. Section 6. (Park Dedication) +of the
West Ridge Pl�nned Unit Development and Subdivision Agreement
shall be amended ta read as folic�ws: Based upon the maximum
riumber of housing units permitted in the Final Development Plan,
the total park dedication for the development is 11 .3 acres.
Land dedication is 8.3 acres, leaving a cash dedication equal to
3 acres due. The Developer shali dedicate the park land with the
: final platting of Phase 4 and pay the cash dedication of
$13,500.00 within ninety (90) days of the filing af the €inal
plat identified as Phase Z . Any Arnendments to the Final
Development Plan, causing an increase or decrease in the �umber
af housing unitis, will result in a corresponding increase or
decrease in the amount of cash dedication to the City. If Phase
4 has not been final platted and warranty deed for the park 2and
re�eived by June 30, 1990, the T3evelaper shall pay the City
$83,OOQ.00.
.�+- � �. � .
IN WITNESS WHEREOF, this agreement has been executed by the
parties the day and year first above written.
CI3'Y OF ROSEMOUNT
. BY•
Rollan Hoke, Mayor
AND
Stephan ,7ilk,
City Administratar/C3erk
ROSEMOUNT DEVEL�PMENT COMPANY
BY:
Timothy T. Broback,
President
STATE OF MINNESdTA )
( ss.
COUNTY OF DAKaTA )
On this day of , 1989, the foregoing
instrument was acknt�wledged before me by Rollan Hoke, Mayor and
by Stephan Jilk, Administratar/Clerk of the City of Rasemount, a
municipal corparation, an behalf of the corporation, and pursuant
to the authority of the City Council.
NOTI�RY PUBLIC
STATE OF MINNESOTA )
( ss.
CbUNTY OF DAKOTA )
On this day af , 1989, the €aregoing �
instrument was acknowl�tiged be�ore me by Timothy T. Brab�ek,
President of Rasemount Development Co. , a Minnesota corporation,
on behalf of the corporation.
NO2'ARY PUBLIC