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HomeMy WebLinkAbout6.f. Approve Replacement Subdivision Agreement for Amber Fields 2nd DevelopmentI:\City Clerk\Agenda Items\Approved Items\6.f. Approve Replacement Subdivision Agreement for Amber Fields 2nd Development.docx EXECUTIVE SUMMARY City Council Regular Meeting: August 1, 2022 AGENDA ITEM: Approve Replacement Subdivision Agreement for Amber Fields 2nd Development AGENDA SECTION: Consent PREPARED BY: Nick Egger, PE – Public Works Director AGENDA NO. 6.f. ATTACHMENTS: Subdivision Agreement – Amber Fields 2nd Addition APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve a Replacement Subdivision Agreement for Amber Fields 2nd Development. BACKGROUND On June 21st, City Council approved a Subdivision Agreement for Amber Fields 2nd Addition. However, there was a desire by both parties to add language clarifying vegetation and landscaping maintenance responsibilities for several public boulevard spaces. The original subdivision agreement was never fully executed by both parties, and rather than execute an amendment, staff’s recommendation is to fully replace the original document with a new one. The City and Developer have negotiated this additional language and produced a revised subdivision agreement that will serve as a complete replacement for the originally approved version from June 21st. The approval of this Subdivision Agreement will be the final step in allowing Maplewood Development to begin the planned improvements. This agreement follows the standard format and includes all the required conditions from the prior Council approval. In its final form, the language and structure of this agreement will serve as a template for all subsequent subdivisions within the Amber Fields Development. RECOMMENDATION Staff recommends City Council approve the attached Subdivision Agreement and authorize the Mayor and City Clerk to enter into this agreement. 1 Amber Fields 2nd Subdivision Agreement Revised July 2022 3731736.v3 SUBDIVISION AGREEMENT Amber Fields 2nd Addition AGREEMENT dated this day of , 2022, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation (the “City”), and Maplewood Development and Construction, Inc., a Minnesota corporation (the “Developer”). 1. Request for Plat Approval. The Developer has asked the City to approve the subdivision of land and a plat of land to be known as Amber Fields 2nd Addition, which land is legally described on ATTACHMENT ONE, attached hereto and hereby made a part hereof (hereinafter referred to as the “Subject Property”). 2. Conditions of Plat Approval. The City has approved the subdivision and the plat on the following conditions: a. Execution of a Subdivision Agreement. b. Adherence with the conditions of the Preliminary and Final Plats for Amber Fields 2nd Addition and Amber Fields Planned Unit Development Master Development Plan as amended. c. Incorporation of recommendations of the City Engineer concerning design and installation of public infrastructure and including grading, erosion control, streets and utilities. d. Payment of all applicable fees including GIS, Park Dedication and other fees identified in the current fee schedule. e. Incorporation of any easements necessary to accommodate drainage, ponding, trails, underpasses, conservation areas, streets and utilities. f. Provision of $122,760 for landscaping surety. g. Park Dedication requirements were fulfilled as part of the Amber Fields Subdivision Agreement and Outlot plat through dedication of land and associated amenities. 3. Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Agreement and the breach has not been remedied. Development of each subsequent phase may not proceed until a subdivision agreement for such phase is approved by the City. 4. Effect of Subdivision Approval. For seven (7) years from the date of this Agreement, no amendments to the City’s Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to 2 Amber Fields 2nd Subdivision Agreement Revised July 2022 3731736.v3 the contrary, to the full extent permitted by state l aw, the City may require compliance with any amendments to the City’s Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. 5. Development Plans. The Subject Property shall be developed in accordance with the following plans, specifications and contract documents, original copies of which are on file with the City Engineer. The plans and contract documents may be prepared and revised, subject to City approval, after entering this Agreement, but before commencement of any work on the Subject Property. If the plans vary from the written terms of this Agreement, the written terms shall control. The “Development Plans” are: Plan A – Preliminary plat: Amber Fields 2nd Addition, Preliminary Plat Submittal pages 5 – 9 dated 3/18/2022, revised 4/18/2022 Plan B – Soil Erosion Control Plan and Schedule: Amber Fields 2nd Additional, Final Plat Submittal pages 13 – 18 dated 4/18/2022 Plan C – Drainage and Storm Water Runoff Plan: Amber Fields 2nd Additional, Final Plat Submittal pages 28 – 39 dated 4/18/2022 Plan D – Plans & Specifications for Public Improvements: Amber Fields 2nd Additional, Final Plat Submittal dated 4/18/2022 Plan E – Grading Plan: Amber Fields Mass Grading Plan – Phase I dated 01/28/2022 as revised Plan F – Street Lights: Amber Fields 2nd Additional, Final Plat Submittal pages 28 – 39 dated 4/18/2022 Plan G – Landscape Improvements: Amber Fields 2nd Additional, Final Plat Submittal pages 43 – 46 dated 4/18/2022 All improvements, including Developer Improvements (as noted in Section 6) and City-Installed Public Infrastructure Improvements (if any), that lie within the public right-of-way or easements and are improvements listed in Minnesota Statutes, Section 429.021 (hereinafter “Public Improvements”) will be designed by the Developer and must be approved by the City Engineer. The Developer will prepare plans and specifications for Public Improvements which shall be approved by the City Engineer. Such approvals shall not be unreasonably withheld and the City shall approve or provide Developer with necessary revision comments within 30 calendar days of Developer submittal of Public Improvement plans and specifications. The City will perform all construction inspection for the Public Improvements, at the Developer’s expense. Construction inspection includes but is not limited to inspection, documentation, and monitoring. 6. Installation by Developer. The Developer shall install or cause to be installed and pay for the following within this phase of the project as reflected herein unless expressly noted otherwise. a. Surveying and staking b. Surface improvements (paved streets, sidewalks, trails, etc.) c. Water main improvements d. Sanitary sewer improvements e. Storm sewer improvements f. Setting of lot and block monuments 3 Amber Fields 2nd Subdivision Agreement Revised July 2022 3731736.v3 g. Gas, electric, telecommunications, and cable lines h. Site grading i. Landscaping j. Streetlights k. Other items as necessary to complete the development as stipulated herein or in other agreements signed by Developer. Developer is required to obtain all necessary permits as required by regulatory agencies and other levels of government beyond the City of Rosemount. 7. Time of Performance. The pavement wear course shall be completed within one year of the first lift installation for all public roads within the Subject Property. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date, if any. 8. [This Section Intentionally Left Blank] 9. [This Section Intentionally Left Blank] 10. Security for Developer Improvements. To guarantee compliance with the terms of this Agreement, payment of the costs of all Developer Improvements, and construction of all Developer Improvements (as noted in Section 5), the Developer shall furnish the City with a cash deposit or irrevocable letter of credit from a local bank (“security”) in the amount of Five-Million, Two-Hundred Ninety-Two Thousand, Nine-Hundred Ninety-Eight Dollars ($5,292,998). The amount of the security was calculated as follows: Letter of Credit for Developer Improvements (due with signed agreement) No. Item Cost 110% Calculation 1 Grading and Erosion Control $ 182,196 $ 200,416 $3000/ac x 60.732 acres. Minimum $25,000 2 Pond Restoration and Erosion Control Removal $ 25,000 $ 27,500 Minimum $25,000 3 Survey Monumentation $ 96,500 $ 106,150 $500/lot x 193 lots 4 Landscaping $ 111,600 $ 122,760 Per City Planner (372 trees x $300) 5 Street Lights $ 32,000 $ 35,200 $7,500/light x 12 lights 6 Surface Improvements $ 1,454,710 $ 1,818,388 125% 7 Water Main Improvements $ 824,244 $ 1,030,305 125% 8 Sanitary Sewer Improvements $ 798,059 $ 997,574 125% 9 Storm Sewer Improvements $ 763,765 $ 954,706 125% Total $ 4,288,074 $ 5,292,998 Refer to Exhibits A, B, C and D for an explanation of each item. The bank and form of the letter of credit or other security shall be subject to the approval of the City Administrator. The letter of credit shall be automatically renewable until the City releases the developer from responsibility under this Agreement with respect to the items in the chart above. The letter of credit shall secure compliance with all terms of this Agreement and all obligations of the Developer under it. The City may draw down on the letter of credit without notice if the obligations of the Developer have not been completed, as required by this Agreement. In the event of a default under this Agreement by the Developer, the City shall furnish the Developer with written notice by certified mail of Developer’s default(s) under the terms of this Agreement. If the 4 Amber Fields 2nd Subdivision Agreement Revised July 2022 3731736.v3 Developer does not remove said default(s) within thirty (30) days of receiving the notice, the City may draw on the letter of credit and take such steps as it deems necessary to remedy the default. Developer may request an extension of the 30-day cure period, which the City has the discretion to approve or deny in its reasonable judgment. With City approval, the letter of credit shall be reduced from time to time as financial obligations are paid and Developer Improvements and other Developer obligations are completed to the City’s requirements. Within ten (10) business days of the date of the reduction request, the City shall begin a review of the request. Processing of an approval of said requests will be dependent on the level of detailed information submitted to the City by the Developer, and from time to time the Developer may be required to provide supplemental information to substantiate a request. The City will act in good faith to process and approve reduction requests in a reasonable and timely fashion. 11. Grading Plan/Site Grading. Site grading shall be completed by the Developer at its cost and approved by the City Engineer. The completion of grading activities will need to be coordinated by the City in conjunction with the installation of utilities. Developer shall furnish the City Engineer satisfactory proof of payment for the site grading work and shall submit a certificate of survey of the development to the City as the site grading is completed by phase, with street and lot grades. If any installation of utilities is occurring simultaneously with the grading, the utility contractor shall have preference over the grading activities. No substantial grading activities can be completed over installed utilities unless otherwise protected. All final grading of lots shall comply with the City- approved final grading plans. 12. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Subject Property to perform all work and inspections deemed appropriate by the City. Such license shall terminate as to each lot within the Subject Property upon acceptance by the City of the public infrastructure improvements. 13. Erosion Control. Prior to site grading, and before any utility construction is commenced or building permits are issued, an approved erosion control plan, to be submitted with the final grading plan for grading permit shall be implemented, inspected and approved by the City. All areas disturbed by the excavation and backfilling operations shall be reseeded within seventy-two (72) hours after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be rye grass or other fast-growing seed suitable to the existing soil to provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc-anchored as necessary for seed retention. The parties recognize that time is critical in controlling erosion. If development does not comply with the erosion control plan and schedule, or supplementary instructions received from the City the City may take such action as it deems appropriate to control erosion. This right also applies to the required erosion control for basement and/or foundation excavation spoil piles. The City will attempt to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer’s or City’s right or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) business days after receipt of an invoice for the work, the City may draw down the letter of credit to pay such costs. No development will be allowed and no building permits will be issued unless the Subject Property is in full compliance with the erosion control requirements. Costs for City inspection of onsite erosion shall be at the Developer’s expense. Notwithstanding the foregoing, the City agrees that the Developer shall have no continuing liability with respect to lots or any other portion of the Property as of the date that the Developer transfers 5 Amber Fields 2nd Subdivision Agreement Revised July 2022 3731736.v3 each such portion of the Property to a builder. Developer shall follow MPCA required protocol for transfer of Stormwater Construction Permit responsibility to the new owner of each lot. The Developer is required to show proof of this assignment to the City. Until such time that the transfer of permit responsibility is presented to the City, the City will consider the Developer to remain responsible for required erosion and sediment control. 14. Clean up. The Developer shall clean streets of dirt and debris that has resulted from construction work by the Developer or its agents. The City will inspect the site on a weekly basis and determine whether it is necessary to take additional measures to clean dirt and debris from the streets. Costs for City inspection of onsite erosion and sediment control shall be at the Developer’s expense. After a twenty-four (24) hour verbal or written notice to the Developer, the City will complete or contract to complete the clean-up at the Developer’s expense. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) business days after receipt of an invoice for the work, the City may draw down the letter of credit to pay such costs. The Developer shall inspect and, if necessary, clean all catch basins, sumps, and ponding areas of erosion/siltation and restore to the original condition at the end of the home construction or completion of Developer’s Improvements within each phase of this development. All silt fence and other erosion control should be removed following the establishment of turf. These items are to be secured through the letter of credit as is noted in Exhibit A. 15. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Agreement, the Public Improvements lying within public rights-of-way and easements shall become City property without further notice or action unless the improvements are specifically identified herein as private infrastructure. 16. Warranty. The Developer warrants all work required to be performed by it against poor material and faulty workmanship for a period of two (2) years after its completion and acceptance by the City or such longer period as is specified in plans and specifications for Public Improvements. All trees, grass and sod shall be warranted to be alive, of good quality and disease free for twenty-four (24) months after planting. Vegetation surrounding ponds and/or wetlands shall be warranted to be alive, of good quality and weed free for three (3) years after planting. For each pond/wetland in the development, the Developer shall provide to the City Engineer an inspection report by July 31 each year that includes the following: a. Date of inspection. b. Name of person responsible for inspection. c. Photos of the pond/wetland area confirming the vegetation is established as intended. d. Maintenance plan describing the required maintenance activities and tentative schedule. Any required wetland reporting must comply with State WCA and the City’s CWMP reporting rules. 17. Responsibility for Costs. a. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the Subject Property including, but not limited to, Soil and Water Conservation District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the subdivision and the plat, the 6 Amber Fields 2nd Subdivision Agreement Revised July 2022 3731736.v3 preparation of this Agreement and any amendments hereto, and all costs and expenses incurred by the City in monitoring and inspecting the development of the Subject Property. b. The Developer shall reimburse the City for costs incurred in the preparation and enforcement of this Agreement, including engineering and attorney’s fees. Upon request, the City shall provide invoices, in reasonable detail, as to any such fees. The estimated City fees of Six Hundred Twenty- Seven Thousand Two Hundred Fifty-Two Dollars ($627,252) shall be deposited with the City at the time this Agreement is signed, and represent the following amounts: City Fees (due with signed agreement) No. Item Cost Calculation Estimated Construction Cost $ 3,840,778 Developer's Estimate (Lines 6 - 9 above) 1 Engineering Fees $ 384,078 10% of Estimated Construction Cost 2 Attorney Fees $ 3,000 Estimate 3 5% City Administrative Fees $ 192,039 5% of Estimated Construction Cost 4 Street Light Energy Cost $ 8,640 12 lights x 24 months x $30/month 5 GIS Fees $ 11,580 $60/unit X 193 units 6 Trail Fog Seal $ 1,878 $0.35/SF x 5,367 SF 7 Seal Coating $ 26,037 $1.70/SY x 15,316 SY Total $ 627,252 If the actual City fees exceed this estimate, the Developer shall pay the additional costs to the City within thirty (30) business days after receipt of a written request from the City, which shall include an invoice, including itemized costs. If actual City fees are lower than this estimate, any surplus funds will be returned to the Developer when the project fund is reconciled and closed. c. The Developer shall pay in full all invoices submitted to it by the City for obligations incurred under this Agreement within thirty (30) business days after receipt. If the invoices are not paid on time, the City may halt development work and construction including, but not limited to, the issuance of building permits, assess costs, or pursue other appropriate and lawful remedies, until the past-due invoices are paid in full. Bills not paid within thirty (30) business days shall accrue interest at the rate of six percent (6%) per year. d. The Developer shall pay all energy costs for street lights installed within the Subject Property for 24 months at a cost of $30/month/light. After that, the City shall pay and be responsible for the energy costs. e. The Developer will pay the cost of sealcoating the public streets within the development at a cost of $1.70/SY. The sealcoating will be completed within three (3) years following wear course placement. f. The Developer will pay the cost of fog sealing the public trails within the development at a cost of $0.35/SF. The fog sealing will be completed within three (3) years following trail installation. 18. Indemnification. The Developer shall hold the City and its officers, agents and employees harmless from claims made by third parties for damages sustained or costs incurred resulting from plat or subdivision approval and development of the Subject Property, except for any costs or expenses arising from intentional acts or gross negligence of the City, or its agents, employees or contractors. The Developer shall indemnify the City and its officers, agents and employees for all costs, damages or expenses that the City may pay or incur in consequence of such claims, including attorney’s fees. 7 Amber Fields 2nd Subdivision Agreement Revised July 2022 3731736.v3 19. Insurance. The Developer agrees to take out and maintain until six (6) months after the City has accepted the Developer Improvements, commercial general liability insurance covering personal injury, including death, and claims for property damage which may arise out of Developer’s work or the work of its contractors or subcontractors. Liability limits shall be not less than $2,000,000 per occurrence and $3,000,000 annual aggregate and twice said limits when the claim arises out of the release or threatened release of a hazardous substance. To accomplish the above limits, an umbrella excess liability policy may be used. Developer must also maintain worker’s compensation insurance with coverage amounts required by statute. The City shall be named as an additional insured on the commercial general liability policy or umbrella/excess insurance policy, if applicable. The Developer must provide a certificate of insurance to the City demonstrating compliance with the above. The certificate of insurance shall provide that the City must be given the same advance written notice of the cancellation of the insurance as is afforded to the Developer. 20. Park, Utility Fees and Service Charges. The Developer agrees to pay sanitary sewer trunk, water trunk, and stormwater area charges set forth in this Section prior to release of the final plat of each plat within the project phase for the lots created by each plat. The sanitary sewer, water, and stormwater connection charges set forth in this Section shall be paid prior to building permit issuance on a per unit basis. The party requesting a building permit, not the Developer, shall be responsible for these connection charges. The rates for each of these items will be set according to the current rate structure for connection charges and trunk area charges at the time of final plat approval or receipt of a building permit and the fees will be adjusted based upon actual bid costs for road assessments. Park dedication fees or property in lieu of, will be addressed in each final plat of project phases as part of the subdivision agreement with the City, which shall be consistent with this Agreement. a. The fees, charges, and assessments in effect as of the date of this Agreement and estimated based upon the Developer-submitted plan dated 4/18/2022 for Amber Fields 2nd (as revised) are stated in Exhibit B. The Developer shall receive a dollar-for-dollar credit for the cost of any oversizing to address regional stormwater facilities and infrastructure that the Developer constructs which provides regional service functionality for stormwater sources above and beyond those which originate within Amber Fields. Credits amounts to the Developer will be locked in at the dollar value for the year in which the corresponding infrastructure was installed. b. Park Dedication Fees: Satisfied via Amber Fields Subdivision Agreement dated March 1, 2022. c. Storm Sewer Trunk Area Charges in the amount of $267,105. d. Sanitary Sewer Trunk Charges in the amount of $46,695. e. Water Trunk Charges in the amount of $282,340. f. The Developer understands that builders will be required to pay for the Subject Property fees, charges and assessments in effect at the time of issuance of building permits. The rates for each of these items will be set according to the current rate structure at the time the building permit is received. The fees, charges, and assessments in effect as of the date of this Agreement are stated below. The City agrees that it shall collect such amounts with building permits and that the party requesting a building permit, not the Developer, shall be responsible for these charges. i. Metropolitan Council Environmental Services Availability Charges per SAC unit (current rate is $2,485 per single-family home). ii. Sanitary Sewer Availability Charges per SAC unit (currently at $1,200/SAC unit). iii. Water Availability Charges per WAC unit (currently at $2,475/WAC unit for single-family residential and multi-family residential). iv. Storm Sewer Connection Charges per unit. 8 Amber Fields 2nd Subdivision Agreement Revised July 2022 3731736.v3 21. Certificates of Occupancy. Unless otherwise authorized in writing by the City Chief Building Official, no certificates of occupancy shall be issued until: a. The site grading is completed and approved by the City. b. All public utilities are tested, approved by the City Engineer, and in service. c. All curbing is installed and backfilled. d. The first lift of bituminous is in place and approved by the City. e. All building permit fees for the lot requesting the occupancy permit are paid in full. f. No early building permits will be issued without prior authorization from the City Building Official. The Developer in executing this Agreement, assumes all liability and costs for damage or delays incurred by the City in construction of Public Improvements caused by the Developer, its employees, contractors, subcontractors, material men or agents. 22. Record Drawings. At project completion, Developer shall submit record drawings of all public and private infrastructure improvements in accordance with the City’s Engineering Guidelines. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. 23. Developer’s Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City will furnish the Developer with written notice of such default by certified mail. If the Developer does not remove said default(s) within thirty (30) days of receiving the notice, the City may, at its option, perform the work and the Developer shall reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, no less than 48 hours in advance. Developer may request an extension of the 30 -day cure period, which the City has the discretion to approve or deny in its reasonable judgment. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work to cure a default, the City may, in addition to its other remedies, draw on the letter of credit or other security described in Section 10, or levy the cost in whole or in part as a special assessment against portions of the Subject Property owned or managed by Developer. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, Section 429.081. 24. Miscellaneous. a. The Developer represents to the City that the development of the Subject Property, the subdivision and the plat comply with all city, county, metropolitan, state and federal laws and regulations including, but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the subdivision, or the plat, or the development of the Subject Property does not comply, the City may, at its option, refuse to allow construction or development work on the Subject Property until the Developer does comply. Upon the City’s written demand, the Developer shall cease work until there is compliance. b. Third parties shall have no recourse against the City under this Agreement. c. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. 9 Amber Fields 2nd Subdivision Agreement Revised July 2022 3731736.v3 d. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. e. The action or inaction of a party shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. A party’s failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. f. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. All terms and provisions of this Agreement shall be binding upon and inure to the benefit of the heirs, representatives, successors, and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subject Property and shall be deemed covenants running with the land. The terms and provisions of this Agreement shall not be binding upon the owners of individual units or residences built upon lots within the development and shall not be deemed to run with the title of the individual units or residences within the development. This provision does not release any future developer or the Developer’s successors or assigns from the terms and provisions of this Agreement. The Developer shall take such steps, including execution of amendments to this Agreement, as are necessary to affect the recording hereof. After the Developer has completed the work required of it under this Agreement, at the Developer’s request as to all or a portion of the Subject Property, the City will execute and deliver to the Developer the requested release(s). g. Each right, power or remedy herein conferred upon a party herein is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to such party, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by such party and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. h. The Developer may not assign this Agreement without the written permission of the City Council, except the Developer may assign this Agreement to Earl Street Partners II, LLC, a Minnesota limited liability company, without written permission from the City Council. i. The Developer acknowledges that the City may issue additional requirements outside of the 2015 General Specifications and Standard Detail Plates for Street and Utility Construction or the 2008 Engineering Guidelines as the City is in the process of updating these documents. The review process may require additional time and expense due to this process, which shall be the Developer’s responsibility. The Developer shall not be billed for the time required for the City to update and approve their revisions to the 2015 General Specifications and Standard Detail Plates for Street and Utility Construction or the 2008 Engineering Guidelines. j. This Agreement includes all attachments, exhibits, and schedules, if any, attached to it, all of which are hereby made a part of this Agreement. 25. Disclaimer of Relationship. Nothing in this Agreement nor any act by the City or the Developer shall be deemed or construed by the City, the Developer, or any third party as creating any relationship of principal/agent, limited or general partner or joint venture between such parties. 26. Landscaping and Irrigation of Common Areas and Rights-of-Way. Installing finished sod within the common areas (“Common Area”) of Outlots in the Subject Property shall be completed by the Developer; except, however, the Developer’s responsibility shall cease with respect to a lot and the adjacent Common Area upon the Developer transferring title to the lot to a builder. Such builder shall thereafter be responsible for installing finished sod in the Common Area adjacent to the lot through any right-of-way area to the curb line or trail, as applicable. Irrigation, lawn 10 Amber Fields 2nd Subdivision Agreement Revised July 2022 3731736.v3 maintenance, and landscaping within any Common Area and/or right-of-way thereafter shall be by the owner of the lot to be expressed in a recorded instrument, unless responsibility is assumed by a homeowners’ association (“HOA”) or a collective arrangement or agreement. Such maintenance includes, without limitation, cutting and irrigating lawns and vegetation, weed control, and tree trimming. No permanent irrigation system may be installed within any City right-of-way unless the City provides its prior written approval. A visual representation of the parties responsible for the irrigation, lawn maintenance and landscaping described in this Section 27 is attached to this Agreement as Exhibit E: Maintenance Responsibility. Shaded areas identified as either an Outlot or an Addition are the areas where private parties are responsible. The areas identified as City of Rosemount are the City’s responsibility and include (a) East of Akron Avenue/North of Outlots T and S1, (b) right-of-way on both sides of Akron Avenue between 145th Street and 155th Street, a portion of which is shown in Inset F, and (c) the area at the center of Amber Fields, which is North of Outlots N, O and P and the 2nd Addition and South of the 2nd, 4th, 5th and 3rd Additions, portions of this are shown at the bottom of Insets B and C and at the top of Insets D and E. The City acknowledges its maintenance area (see (c) in previous sentence) includes the area around the large pond to be installed by Developer. In addition to what is depicted on Exhibit E, the City acknowledges it is responsible for initial construction and continued irrigation, lawn maintenance and landscaping West of the City’s Auburn Avenue project that will be constructed South of 148th Street. The Maintenance Responsibility exhibit does not address who is responsible for tree removal and replacement within rights-of-way. The City is responsible for tree removal and replacement only in the rights-of-way of 148th Street, Akron Avenue, and Auburn Avenue. The Maintenance Responsibility exhibit does not address who is responsible for snow removal. The City is responsible for snow removal from all trails. The City is also responsible for snow removal from all sidewalks within rights-of-way for Akron Avenue, Auburn Avenue, and 148th Street which run parallel to the street along which they are built. Snow on all other segments of sidewalks within the neighborhoods will be cleared by private property owners, HOAs, or similar collective maintenance arrangements or agreements. This Section 26 does not alter responsibilities of (i) the Developer or a builder as to initial construction of sidewalks, trails, or landscaping, including irrigation, or (ii) the City as to its Akron Avenue and Auburn Avenue construction projects South of 148th Street, except for the shaded area designated as 2nd Addition that is East of such future Auburn Avenue. 27. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to Mr. Mario J. Cocchiarella on behalf of the Developer, or mailed to the Developer by registered mail at the following address: Maplewood Development and Construction, Inc 1128 Harmon Place Suite 320 Minneapolis, MN 55403 A copy of each notice, whether hand delivered or mailed, to Developer shall be simultaneously delivered to Developer’s legal counsel at both the physical address below and electronically to mgherty@felhaber.com. 11 Amber Fields 2nd Subdivision Agreement Revised July 2022 3731736.v3 Felhaber Larson Attn: Molly Gherty 220 South Sixth Street, Suite 2200 Minneapolis, MN 55402 Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by registered mail in care of the City Administrator at the following address: City Administrator Rosemount City Hall 2875 145th Street West Rosemount, Minnesota 55068 [Remainder of page intentionally left blank.] Signature Page Amber Fields 2nd Subdivision Agreement Revised July 2022 3731736.v3 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 __________, 2022 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 MAPLEWOOD DEVELOPMENT AND CONSTRUCTION, INC. BY: Mario J. Cocchiarella, its President STATE OF MINNESOTA ) ) SS COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ___ day of __________, 2022 by Mario J. Cocchiarella, President of Maplewood Development and Construction, Inc., a Minnesota corporation, on behalf of said corporation. Notary Public Drafted By: City of Rosemount 2875 145th Street West Rosemount, MN 55068 Exhibit A Amber Fields 2nd Subdivision Agreement Revised July 2022 3731736.v3 EXHIBIT A The following clarifies the various portions of the letter of credit for Developer Improvements that are outlined in the Subdivision Agreement; except, however, the City will accept the amounts attributed to grading and erosion control and pond restoration/erosion control removal from a contractor instead of the Developer. Grading & Erosion Control – A restoration and erosion control bond to ensure re-vegetation and erosion control ($3,000/acre). Note: The minimum surety amount is set at $25,000. Pond Restoration/Erosion Control Removal – A security to allow for cleaning of sedimentation ponds prior to City acceptance, and removal of any installed erosion control measures such as silt fence and wood fiber blanket following development of 75% of adjoining lots (estimated lump sum). Survey Monumentation – An amount equal to 110% of the cost to monument all lots within the development. Landscaping – An amount equal to 110% of the cost to complete the minimum required landscaping. If additional landscaping is planned, a surety for that cost is not required. Street Lights – An amount equal to 110% of the cost to complete the required street light installation on public roadways. Improvements – An amount equal to 125% of the cost to complete those public improvements provided as part of the final plat and final construction documents. Private improvements may also be included when necessary to complete access to and utility supply for platted lots. Amber Fields 2nd Addition EXHIBIT B No. Item Cost 110% Calculation 1 Grading and Erosion Control 182,196$ 200,416$ $3000/ac x 60.732 acres. Minimum $25,000 2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000 3 Survey Monumentation 96,500$ 106,150$ $500/lot x 193 lots 4 Landscaping 111,600$ 122,760$ Per City Planner (372 trees x $300) 5 Street Lights 32,000$ 35,200$ $7,500/light x 12 lights 6 Surface Improvements 1,454,710$ 1,818,388$ 125% 7 Water Main Improvements 824,244$ 1,030,305$ 125% 8 Sanitary Sewer Improvements 798,059$ 997,574$ 125% 9 Storm Sewer Improvements 763,765$ 954,706$ 125% Total 4,288,074$ 5,292,998$ No. Item Cost Estimated Construction Cost 3,840,778$ 1 Engineering Fees 384,078$ 2 Attorney Fees 3,000$ 3 5% City Administrative Fees 192,039$ 4 Street Light Energy Cost 8,640$ 5 GIS Fees 11,580$ 6 Trail Fog Seal 1,878$ 7 Seal Coating 26,037$ Total 627,252$ No. Item Cost 1 Storm Sewer Trunk Charge 267,105$ 2 Sanitary Sewer Trunk Charge 46,695$ 3 Water Trunk Charge 282,340$ 4 Park Dedication -$ Total 596,139$ See Exhibit C & D for details $1.70/SY x 15,316 SY Development Fees (due before signed plat is released) Satisified via land dedication Calculation See Exhibit C & D for details See Exhibit C & D for details 10% of Estimated Construction Cost Letter of Credit for Developer Improvements (due with signed agreement) City Fees (due with signed agreement) Calculation Developer's Estimate (Lines 6 - 9 above) Estimate 5% of Estimated Construction Cost 12 lights x 24 months x $30/month $60/unit X 193 units $0.35/SF x 5,367 SF Block Lots Units Block Lot Units SQ FT Acres 1 9 9 1 1 1 10,602.00 0.243 2 17 17 1 2 1 8,125.00 0.187 3 17 17 1 3 1 8,125.00 0.187 4 17 17 1 4 1 8,125.00 0.187 5 22 22 1 5 1 9,450.00 0.217 6 4 4 1 6 1 9,073.00 0.208 7 5 5 1 7 1 9,581.00 0.220 8 4 4 1 8 1 9,000.00 0.207 9 5 5 1 9 1 9,081.00 0.208 10 5 5 2 1 1 10,054.00 0.231 11 5 5 2 2 1 7,964.00 0.183 12 4 4 2 3 1 8,193.00 0.188 13 6 6 2 4 1 8,422.00 0.193 14 4 4 2 5 1 9,283.00 0.213 15 5 5 2 6 1 8,260.00 0.190 16 6 6 2 7 1 7,718.00 0.177 17 4 4 2 8 1 9,000.00 0.207 18 4 4 2 9 1 7,800.00 0.179 19 4 4 2 10 1 9,666.00 0.222 20 5 5 2 11 1 8,413.00 0.193 21 5 5 2 12 1 7,800.00 0.179 22 6 6 2 13 1 7,800.00 0.179 23 4 4 2 14 1 7,800.00 0.179 24 4 4 2 15 1 7,800.00 0.179 25 5 5 2 16 1 7,800.00 0.179 26 5 5 2 17 1 9,816.00 0.225 27 6 6 3 1 1 9,488.00 0.218 28 6 6 3 2 1 7,800.00 0.179 3 3 1 7,800.00 0.179 3 4 1 7,800.00 0.179 Total 193 193 3 5 1 7,800.00 0.179 3 6 1 7,800.00 0.179 Total Plat Area = 60.732 acres 3 7 1 7,800.00 0.179 Total Park Area = 0.000 acres 3 8 1 7,800.00 0.179 Future Plat Area = 27.897 acres 3 9 1 8,779.00 0.202 Developable Area * = 32.836 acres 3 10 1 10,232.00 0.235 Ponding to HWL = 0.000 acres 3 11 1 10,357.00 0.238 Net Developable Area =32.836 acres 3 12 1 8,069.00 0.185 3 13 1 7,800.00 0.179 * Excludes future plat and park areas (all outlots) 3 14 1 7,800.00 0.179 3 15 1 7,800.00 0.179 3 16 1 7,800.00 0.179 3 17 1 9,122.00 0.209 4 1 1 10,669.00 0.245 4 2 1 5,850.00 0.134 4 3 1 5,850.00 0.134 4 4 1 5,850.00 0.134 4 5 1 6,634.00 0.152 4 6 1 6,634.00 0.152 4 7 1 6,368.00 0.146 4 8 1 9,028.00 0.207 4 9 1 7,552.00 0.173 4 10 1 6,375.00 0.146 4 11 1 5,625.00 0.129 4 12 1 5,625.00 0.129 4 13 1 5,625.00 0.129 4 14 1 5,625.00 0.129 4 15 1 6,228.00 0.143 4 16 1 8,119.00 0.186 4 17 1 12,076.00 0.277 Amber Fields 2nd Addition EXHIBIT B Totals 5 1 1 8,131.00 0.187 5 2 1 5,400.00 0.124 5 3 1 5,400.00 0.124 5 4 1 5,400.00 0.124 5 5 1 5,400.00 0.124 5 6 1 5,400.00 0.124 5 7 1 5,400.00 0.124 5 8 1 5,553.00 0.127 5 9 1 7,577.00 0.174 5 10 1 11,704.00 0.269 5 11 1 13,821.00 0.317 5 12 1 9,694.00 0.223 5 13 1 6,525.00 0.150 5 14 1 6,525.00 0.150 5 15 1 6,525.00 0.150 5 16 1 6,525.00 0.150 5 17 1 6,525.00 0.150 5 18 1 6,525.00 0.150 5 19 1 6,525.00 0.150 5 20 1 6,526.00 0.150 5 21 1 6,526.00 0.150 5 22 1 10,257.00 0.235 6 1 1 2,129.00 0.049 6 2 1 1,836.00 0.042 6 3 1 1,836.00 0.042 6 4 1 2,129.00 0.049 7 1 1 2,129.00 0.049 7 2 1 1,836.00 0.042 7 3 1 1,836.00 0.042 7 4 1 1,836.00 0.042 7 5 1 2,129.00 0.049 8 1 1 2,129.00 0.049 8 2 1 1,836.00 0.042 8 3 1 1,836.00 0.042 8 4 1 2,129.00 0.049 9 1 1 2,129.00 0.049 9 2 1 1,836.00 0.042 9 3 1 1,836.00 0.042 9 4 1 1,836.00 0.042 9 5 1 2,129.00 0.049 10 1 1 2,129.00 0.049 10 2 1 1,836.00 0.042 10 3 1 1,836.00 0.042 10 4 1 1,836.00 0.042 10 5 1 2,129.00 0.049 11 1 1 2,129.00 0.049 11 2 1 1,836.00 0.042 11 3 1 1,836.00 0.042 11 4 1 1,836.00 0.042 11 5 1 2,129.00 0.049 12 1 1 2,129.00 0.049 12 2 1 1,836.00 0.042 12 3 1 1,836.00 0.042 12 4 1 2,129.00 0.049 13 1 1 2,129.00 0.049 13 2 1 1,836.00 0.042 13 3 1 1,836.00 0.042 13 4 1 1,836.00 0.042 13 5 1 1,836.00 0.042 13 6 1 2,129.00 0.049 14 1 1 2,129.00 0.049 14 2 1 1,836.00 0.042 14 3 1 1,836.00 0.042 14 4 1 2,129.00 0.049 15 1 1 2,129.00 0.049 15 2 1 1,836.00 0.042 15 3 1 1,836.00 0.042 15 4 1 1,836.00 0.042 15 5 1 2,129.00 0.049 16 1 1 2,129.00 0.049 16 2 1 1,836.00 0.042 16 3 1 1,836.00 0.042 16 4 1 1,836.00 0.042 16 5 1 1,836.00 0.042 16 6 1 2,129.00 0.049 17 1 1 2,129.00 0.049 17 2 1 1,836.00 0.042 17 3 1 1,836.00 0.042 17 4 1 2,129.00 0.049 18 1 1 2,129.00 0.049 18 2 1 1,836.00 0.042 18 3 1 1,836.00 0.042 18 4 1 2,129.00 0.049 19 1 1 2,129.00 0.049 19 2 1 1,836.00 0.042 19 3 1 1,836.00 0.042 19 4 1 2,129.00 0.049 20 1 1 2,129.00 0.049 20 2 1 1,836.00 0.042 20 3 1 1,836.00 0.042 20 4 1 1,836.00 0.042 20 5 1 2,129.00 0.049 21 1 1 2,129.00 0.049 21 2 1 1,836.00 0.042 21 3 1 1,836.00 0.042 21 4 1 1,836.00 0.042 21 5 1 2,129.00 0.049 22 1 1 2,129.00 0.049 22 2 1 1,836.00 0.042 22 3 1 1,836.00 0.042 22 4 1 1,836.00 0.042 22 5 1 1,836.00 0.042 22 6 1 2,129.00 0.049 23 1 1 2,129.00 0.049 23 2 1 1,836.00 0.042 23 3 1 1,836.00 0.042 23 4 1 2,129.00 0.049 24 1 1 2,129.00 0.049 24 2 1 1,836.00 0.042 24 3 1 1,836.00 0.042 24 4 1 2,129.00 0.049 25 1 1 2,129.00 0.049 25 2 1 1,836.00 0.042 25 3 1 1,836.00 0.042 25 4 1 1,836.00 0.042 25 5 1 2,129.00 0.049 26 1 1 2,129.00 0.049 26 2 1 1,836.00 0.042 26 3 1 1,836.00 0.042 26 4 1 1,836.00 0.042 26 5 1 2,129.00 0.049 27 1 1 2,129.00 0.049 27 2 1 1,836.00 0.042 27 3 1 1,836.00 0.042 27 4 1 1,836.00 0.042 27 5 1 1,836.00 0.042 27 6 1 2,129.00 0.049 28 1 1 2,129.00 0.049 28 2 1 1,836.00 0.042 28 3 1 1,836.00 0.042 28 4 1 1,836.00 0.042 28 5 1 1,836.00 0.042 28 6 1 2,129.00 0.049 Outlot A 125,127.23 2.873 Outlot B 66,659.30 1.530 Outlot C 12,172.40 0.279 Outlot D 70,914.90 1.628 Outlot E 36,116.02 0.829 Outlot F 11,723.43 0.269 Outlot G 1,215,184.28 27.897 ROW 246,136.89 5.651 Total Boundary 2,645,503.45 60.732 Amber Fields 2nd AdditionEXHIBIT CDetail provided in Exhibit DOutlot G Outlot I Outlot M TOTALSanitary Sewer 26,178.47$ 16,908.79$ 43,278.69$ 86,365.95$ Water Area 158,288.41$ 102,239.22$ 261,685.10$ 522,212.73$ Stormwater Area 149,747.06$ 96,722.33$ 247,564.39$ 494,033.78$ Total Plat Area 60.73Developing Area 32.84 54.07%Future Development 27.90 45.93%Trunk Area Charges to be collected with this platSanitary Area 46,694.66$ Water Area 282,339.79$ Stormwater Area 267,104.54$ Remaining Trunk Area Charges to be collected via future platSanitary Area 39,671.29$ Water Area 239,872.95$ Stormwater Area 226,929.24$ Trunk Charge ApportionmentsAmountTrunk Charge Amber Fields 2nd AdditionEXHIBIT DSubtotalGRAND TOTAL Outlot Trunk Fee(Estimated based on 2022 Rates)ParcelSAC ($1,075/Acre)WAC($6,500/Acre)STAC($6,865/Acre)SAC WAC STACOutlot A 1 546,505 12.546 2.88% 0.00%13,486.98$ 81,549.19$ 22,146.69$ 117,182.85$ Storm HWL = 9.32 ac (includes 2.73 ac wetland)Outlot AOutlot B 1 524,625 12.044 2.77% 3.65%12,947.01$ 78,284.26$ 82,680.23$ 173,911.50$ 4,132.50$ 24,987.23$ 15,018.67$ 44,138.41$ 218,049.91$ Outlot BOutlot C 1 402,659 9.244 2.12% 2.80%9,937.06$ 60,084.56$ 63,458.54$ 133,480.16$ 3,171.77$ 19,178.15$ 11,527.10$ 33,877.01$ 167,357.18$ Outlot COutlot D 1 195,662 4.492 1.03% 1.36%4,828.67$ 29,196.58$ 30,836.08$ 64,861.32$ 1,541.24$ 9,319.14$ 5,601.30$ 16,461.68$ 81,323.00$ Outlot DOutlot E 1 499,401 11.465 2.63% 3.47%12,324.52$ 74,520.35$ 78,704.96$ 165,549.83$ 3,933.81$ 23,785.85$ 14,296.57$ 42,016.23$ 207,566.06$ Outlot E Outlot F 1 675,481 15.507 3.56% 4.70%16,669.93$ 100,794.92$ 106,454.94$ 223,919.78$ 5,320.81$ 32,172.32$ 19,337.29$ 56,830.41$ 280,750.19$ Outlot FOutlot G 1 804,11418.460 4.24% 5.59%19,844.41$ 119,989.46$ 126,727.33$ 266,561.21$ 6,334.06$ 38,298.95$ 23,019.72$ 67,652.73$ 334,213.93$ Outlot GOutlot H 1 2,603,640 59.771 13.72% 0.00%64,254.20$ 388,513.77$ 162,572.47$ 615,340.44$ Storm HWL = 36.09 ac (includes 1.59 ac wetland)Outlot HOutlot I 1 519,381 11.923 2.74% 3.61%12,817.60$ 77,501.76$ 81,853.78$ 172,173.13$ 4,091.20$ 24,737.47$ 14,868.55$ 43,697.21$ 215,870.35$ Outlot IOutlot J 1 967,302 22.206 5.10% 6.73%23,871.66$ 144,340.29$ 152,445.55$ 320,657.50$ 7,619.50$ 46,071.39$ 27,691.38$ 81,382.26$ 402,039.77$ Outlot JOutlot K 1 791,652 18.174 4.17% 5.50%19,536.87$ 118,129.89$ 124,763.34$ 262,430.09$ 6,235.89$ 37,705.40$ 22,662.97$ 66,604.26$ 329,034.35$ Outlot KOutlot L 1 732,550 16.817 3.86% 5.09%18,078.31$ 109,310.72$ 115,448.94$ 242,837.97$ 5,770.34$ 34,890.44$ 20,971.03$ 61,631.81$ 304,469.79$ Outlot LOutlot M 1 1,329,37530.518 7.01% 9.24%32,807.12$ 198,368.63$ 209,507.79$ 440,683.54$ 10,471.57$ 63,316.47$ 38,056.60$ 111,844.64$ 552,528.18$ Outlot MOutlot N 2 1,374,558 31.556 7.25% 9.56%33,922.17$ 205,110.81$ 216,628.57$ 455,661.56$ 10,827.48$ 65,468.48$ 39,350.07$ 115,646.04$ 571,307.60$ Outlot NOutlot O 2 909,535 20.880 4.79% 6.32%22,446.05$ 135,720.33$ 143,341.55$ 301,507.93$ 7,164.46$ 43,320.02$ 26,037.66$ 76,522.14$ 378,030.07$ Outlot OOutlot P 2 548,138 12.584 2.89% 3.81%13,527.28$ 81,792.86$ 86,385.84$ 181,705.99$ 4,317.72$ 26,107.13$ 15,691.79$ 46,116.63$ 227,822.62$ Outlot POutlot Q 3 881,305 20.232 4.65% 6.13%21,749.38$ 131,507.86$ 138,892.54$ 292,149.78$ 6,942.09$ 41,975.46$ 25,229.50$ 74,147.06$ 366,296.83$ Outlot QOutlot R 3 623,412 14.312 3.29% 4.33%15,384.94$ 93,025.21$ 98,248.93$ 206,659.07$ 4,910.66$ 29,692.34$ 17,846.69$ 52,449.68$ 259,108.75$ Outlot ROutlot S 3 1,846,870 42.398 9.73% 12.84%45,578.17$ 275,588.96$ 291,064.34$ 612,231.47$ 14,547.91$ 87,964.11$ 52,871.16$ 155,383.18$ 767,614.65$ Outlot SOutlot T 3 351,417 8.067 1.85% 2.44%8,672.48$ 52,438.26$ 55,382.87$ 116,493.61$ 2,768.13$ 16,737.55$ 10,060.17$ 29,565.86$ 146,059.46$ Outlot TOutlot U 3 404,451 9.285 2.13% 2.81%9,981.29$ 60,351.96$ 63,740.96$ 134,074.21$ 3,185.89$ 19,263.50$ 11,578.40$ 34,027.78$ 168,101.98$ Outlot UROW - CSAH 42 1 358,955 8.240 1.89% 0.00%8,858.51$ 53,563.07$ 56,570.85$ 118,992.43$ ROW - CSAH 42ROW - CR 73 1 525,850 12.072 2.77% 0.00%12,977.24$ 78,467.06$ 82,873.28$ 174,317.58$ ROW - CR 73ROW - FUT 1 1 819 0.019 0.00% 0.00%20.21$ 122.21$ 129.07$ 271.50$ ROW - FUT 1ROW - FUT 2 3 153,282 3.519 0.81% 0.00%3,782.79$ 22,872.66$ 24,157.05$ 50,812.49$ ROW - FUT 2ROW-INTER 1 1 401,445 9.216 2.12% 0.00%9,907.10$ 59,903.41$ 63,267.22$ 133,077.73$ ROW-INTER 1TOTAL 18,972,384 435.55 100.00% 100.00% 468,211.96$ 2,831,049.04$ 2,678,283.68$ 5,977,544.67$ $5,977,544.67Aggregate Trunk Fees - Phase 1 (Highlighted Outlots & ROWs)113,287.03$ 684,991.37$ 411,716.62$ NOTE: All calculations based on City of Rosemount Adopted 2022 Trunk Rates (Subject to change over time. Actual charges based on rate in year when final subdivision and final platting occur)SAC WAC STAC1,075.00$ 6,500.00$ 6,865.00$ Individual Outlot/ROW CalculationsParcel Phase Area (SF) Area (AC)Portion of Total AreaPortion of Total Future Net Developed AreaAll calculations based on City of Rosemount Adopted 2022 Trunk Rates (Subject to change over time. Actual charges based on rate in year when final subdivision and final platting occur)Subtotal CommentsNot ApplicableNot ApplicableFuture Net Developed Acres (Total area minus Outlot A, H, ROW CSAH 42, ROW CR 73, ROW FUT 1, ROW FUT 2, ROW INTER 1)330.163Apportioned Trunk Fees(Aggregate Totals for Outlot A, H, ROW CSAH 42, ROW CR 73, ROW FUT 1, ROW FUT 2, ROW INTER 1)Not ApplicableNot ApplicableNot ApplicableNot ApplicableNot Applicable Exhibit E Amber Fields 2nd Subdivision Agreement Revised July 2022 3731736.v3 EXHIBIT E MAINTENANCE RESPONSIBILITY LEGEND (also in lower right corner of Exhibit) - COLOR INDICATES PARTY/DEVELOPMENT RESPONSIBLE FOR IRRIGATION AND LANDSCAPE MAINTENANCE OF PUBLIC AREAS - PROPERTY LINE - PRIVATE PROPERTY NOTE: ALL IRRIGATION EQUIPMENT SUCH AS PIPES AND HEADS USED BY PRIVATE ENTITIES TO IRRIGATE ADJACENT PUBLIC AREAS SHALL REMAIN ON PRIVATE PROPERTY - BITUMINOUS TRAIL DEMARCATES BOUNDARY OF MAINTENANCE AREAS LOCATIONS OF AUBURN AVENUE AND AKRON AVENUE, AND 148TH STREET - Auburn Avenue (including the future portion) is the road shown West of and adjacent to the 2nd Addition shaded area. - Akron Avenue is the road at the center of Inset F. - 148th Street is the road that extends East-West from Auburn Avenue to Akron Avenue, South of the 6th and 7th Additions and Outlot C, and North of the 2nd, 3rd, 4th, and 5th Additions. 6FUTURE ELEMENTARY SCHOOLSTORMWATERMANAGEMENTAREA 1BASIN 1918PER CITYSTORMWATERMANAGEMENTAREA 2STORMWATERMANAGEMENTAREA 3STORMWATERMANAGEMENTAREA 3STORMWATERMANAGEMENTAREA 6WETLANDWE-18-00611258-000WETLANDWE-18-00611258-000WETLANDWE-18-00611258-000AUBURN AVE.ABBEYFIELD AVE.148TH ST. W.148TH ST. W.148TH ST. W.148TH ST. W.APARTMENTS27,788 SF (.63) ACAPARTMENTS28,494 SF (.65 AC)APARTMENTS28,494 SF (.65 AC)244 TOTAL PARKING STALLSPATIOPATIO9,600 S.F.RETAIL22,450 SFGROCERY45,000 SFSENIOR HOUSING47,000 SF108 UNITS 3 STORIES4,800 S.F.PATIO7,000 S.F.7,000 S.F.PERGOLARETAIL7,000 SFAUBURN AVE.AUBURN AVE. AKRON AVE. (C.R. 73)POOLSNOWSTORAGEOUTLOTD7THADDITIONOUTLOTC6THADDITION2NDADDITION2NDADDITION2NDADDITION4THADDITION5THADDITION3RDADDITIONOUTLOTNCITY OFROSEMOUNTOUTLOTOOUTLOTPOUTLOTUOUTLOTTOUTLOTS1OUTLOTS2INSETB.INSETC.INSETD.INSETE.CITY OFROSEMOUNTCITY OFROSEMOUNTINSETF.INSETA.BASIN 1918PER CITYWETLANDWE-18-00611258-000AMBER FIELDS MAINTENANCE RESPONSIBILITY EXHIBIT 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700INSET B.INSET C.INSET D.INSET E.LEGENDINSET F.2NDADD.4THADD.4THADD.5THADD.INSET A.2NDADD.OUTLOTNOUTLOTO145TH -155THOUTLOTNAKRON AVE.CITY OF ROSEMOUNTRESPONSIBILITY INCLUDES R.O.W. ON BOTH SIDESOF AKRON AVE. BETWEEN 145TH ST. AND 155TH ST.145TH -155TH2ND ADD.148TH ST. W.148TH ST. W.AUBURN AVE.148TH ST. W.