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HomeMy WebLinkAbout6.e. Amend Ardan Place 1st Subdivision AgreementI:\City Clerk\Agenda Items\Approved Items\6.e. Amend Ardan Place 1st Subdivision Agreement.docx EXECUTIVE SUMMARY City Council Meeting: April 20, 2021 AGENDA ITEM: Amend Ardan Place 1st Subdivision Agreement AGENDA SECTION: Consent PREPARED BY: Brian Erickson, PE, Director of Public Works/City Engineer AGENDA NO. 6.e. ATTACHMENTS: Ardan Place 1st Subdivision Agreement Amendment APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve the Ardan Place 1st Subdivision Agreement Amendment. BACKGROUND At the March 16, 2021 City Council meeting the Ardan Place 1st Subdivision Agreement was approved as part of the final plat approval for this development. Subsequent to that approvals staff found a calculation error in the Development Fees portion of the agreement. The Sanitary Sewer and Water Trunk Charges were incorrect and undercharged. Staff has discussed this situation with Tamarack Land Development and have agreed to an amendment to the subdivision agreement. The table below shows the changes based on the corrected calculations. SUMMARY Staff recommends Council approve a motion amending the Ardan Place 1st Subdivision agreement. Original Corrected Change No.Item Cost Cost Change 1 Storm Sewer Trunk Charge 165,447$ 165,447$ -$ 2 Sanitary Sewer Trunk Charge 19,311$ 27,305$ 7,994$ 3 Water Trunk Charge 74,744$ 165,100$ 90,356$ 5 Park Dedication 299,550$ 299,550$ -$ Total 559,052$ 657,402$ 98,350$ 42 SF units x $3,400/unit + 55 TH units x Ardan Place 1st Subdivision Agreement Calculation $6,865/net developable acre x 24.1 acres $1,075/acre x 25.4 acres $6,500/acre x 25.4 acres Ardan Place 1st Addition February / 2021 I:\City Clerk\Agenda Items\Approved Items\6.e. Amend Ardan Place 1st Subdivision Agreement - attach 1.docx AMENDMENT TO SUBDIVISION AGREEMENT Ardan Place 1st Addition This AMENDMENT dated this ________ day of ________________________, 2021, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, (the "City"), and Tamarack Land – Ardan Place LLC, a Minnesota limited liability company, (the "Developer"). The Subdivision Agreement for Ardan Place 1st is modified by substituting the following sections into the corresponding numbers in the Agreement. 21. Park and Utility Fees. The Developer agrees to pay fees, charges and assessments set forth in this Section prior to, or at the time of execution of this agreement by the City: C. Sanitary Sewer Trunk Area Charges in the amount of $27,305 D. Watermain Trunk Area Charges in the amount of $165,100 Or other amounts for such fees as in effect at the time of plat approval. Ardan Place 1st Addition February / 2021 I:\City Clerk\Agenda Items\Approved Items\6.e. Amend Ardan Place 1st Subdivision Agreement - attach 1.docx IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF ROSEMOUNT BY: William H. Droste, Mayor BY: Erin Fasbender, City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _____ day of _____________________, 2021, by William H. Droste, Mayor, and Erin Fasbender, City Clerk, of the City of Rosemount, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public Tamarack Land – Ardan Place, LLC BY: Dale Willenbring, President STATE OF MINNESOTA ) ) SS COUNTY OF _____________) The foregoing instrument was acknowledged before me this ____ day of ______________________, 2021 by Dale Willenbring, President of Tamarack Land – Ardan Place LLC, a Minnesota limited liability company, on behalf of said corporation. Notary Public Drafted By: City of Rosemount 2875 145th Street West Rosemount, MN 55068 this cost).