Agenda - Council - 10/22/2013 - Laserfiche WebLink

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What happens if the private amenities are not properly maintained? While the City is cognizant and aware of the benefit of providing these amenities for the neighborhood, the City is not in a financial position, nor a resource position, to take on these additional obligations at this time. The City will ensure that the pond continues to function as a Stormwater pond in compliance with the approved grading plan. The City will not maintain the pond in such a way that guarantees a certain water level. If the residents of the community desire to maintain a level of water, it shall be their responsibility to do so through appropriate tools and mechanisms. The City will not construct or maintain the planned private park, as stipulated throughout the platting and Development Agreement process for Brookfield 1st 2nd and 3rd Additions and, as it is not part of the City's Master Park and Trail Plan as recommended by the Park and Recreation Commission. The City will, however, continue to develop key connections through linear parks and trails as planned in the Master Park and Trail Map. The City will not maintain the landscape medians at the Nowthen Boulevard entrance and roundabout. In the event the lack of maintenance results in vegetation failure, the City will remove these improvements from the right of way. At this time, the City has no plans to remove the vegetation from the City right of way, so long as the condition of the landscaping remains acceptable. It is noted that said landscaping is beginning to deteriorate, so it is preferred if corrective action is commenced as soon as possible. Will the future lots being created as part of BROOKFIELD 4TH ADDITION include an HOA? Based on the materials submitted to date, it does not appear that the Applicant is planning on including itself as part of the existing HOA nor creating a new HOA. According to information provided to the City, the Declaration of Restrictive Covenants was only recorded on individual buildable lots for BROOKFIELD 1ST 2ND and 3RD ADDITIONS. The Declaration does not appear to have been recorded on Outlots, which are undeveloped portions anticipated for future development. What options do we have to ensure the private amenities are properly constructed and maintained? Interested individuals should consult legal counsel specializing in real estate law. Options include forming or re-forming an HOA or exploring other funding and maintenance alternatives. Again, the City is interested in assisting by facilitating discussion and providing educational materials, but cannot provide legal counsel nor require formation of an HOA.