Agenda - Council - 05/14/2013 - Laserfiche WebLink

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a. The City shall use its best efforts to obtain title to Outlot B Tooth Acres from the County and if successful convey that portion of said Outlot B Tooth Acres designated as "E" to one of the LLCs as they shall select (except that portion retained by the City for the Riverdale Extension) b. The City will allow drainage into the storm water pond located on the property described on "F" for any improvements or developments on Tooth Acres, Diamonds, or the property designated as "E", subject to the City acquiring ownership of Outlot B Tooth Acres 7. Miscellaneous. a. The LLCs shall have the responsibility of completing the necessary grading work relating to the storm water pond on the property described as "D". The LLCs shall convey a permanent drainage and utility easement to the City over, under and across "D". b. During the construction of the Riverdale Extension, the LLCs agree to allow access to the plats Tooth Acres, The Diamonds, and "E" for purposes of construction and road improvement at no charge. The City agrees to restore any disturbed areas that are caused by the construction that diminishes the value of the property or requires repair. c. The City agrees that until there is a filing of a plat or building permit application for the development of Tooth Acres, The Diamonds, or the property within "E" there will be no assessments or charges for water access connections, sewer access connections, park dedication, water management fee, escrow for street lights, inspection fees, water or sewer handling fee, and platting fees. d. The LLCs shall have the option, but not the requirement, to use the same contractor that the City selects to perform its portion of the work relating to the improvements. e. The City and the LLCs will work together to define the future access to service the lots of future subdivision of the Plats of Tooth Acres and The Diamonds. f. The proposed storm water pond in "D" and the current storm water pond in "F" shall be maintained by the City at its expense. g. The City agrees that the replacement construction of the existing pedestrian walkway will be installed and located consistent with the LLCs' potential use on a North/South alignment as much as reasonably as possible. h. The LLC's agree to dedicate an easement adjacent to the Riverdale Extension to the City for a pedestrian overpass such that an ADA compliant connection can be made with the proposed and existing pedestrian walkways.