Resolutions-2018-022

Every owner of property in the Prairie Village Residential Development subdivision will be a member of the Association. Developer agrees and acknowledges that Outlot “A” in Prairie Village Residential Development subdivision shall be conveyed to the Association for use as open space, common area and storm water detention easement. The Association shall have the sole responsibility of maintaining Outlot A, including the pond(s) and storm water detention easement area located thereon. The City shall have no obligation for the maintenance of Outlot A, or the pond of any storm water detention easement area. If the Association fails to maintain Outlot A, or the pond or any storm water detention easement area located thereon, the City may assess each lot in the Prairie Village Residential Development subdivision equally for any maintenance costs in the same manner as property taxes and without further notice. The Developer shall grant a public access easement over Outlot A. 10. The Developer is responsible to ensure construction of all off-site public improvements which serve the subdivision are completed, after such plans are approved by the City. The trunk sewer which is to run north from Highway 6 to this subdivision must be completed prior to final plat approval. The aforementioned trunk sewer must serve this subdivision. Subject to City Council approval, the Developer and the City shall enter into a separate agreement for the cost, design and installation of the trunk sewer. 11. Neither Lot 1 nor Lot 60 shall have access to Oakdale Boulevard D. Developer’s Obligations. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein, nor shall the Developer be deemed to be acting as the City’s agent during the original construction and installation of the above-described improvements. The parties agree that the obligation to install the above described public improvements herein shall be in accordance with the plans and specifications drafted by the Developer and subject to the approval of the City. Furthermore, the obligations shall remain on the Developer until completion by the Developer and until acceptance by the City, as provided by law. E. Sanitary Sewer Upgrade. Developer and City acknowledge that the sanitary sewer main located south of Highway 6 will have to be upgraded by City in order to meet the demands of the subdivision, and other property in the area. The cost due from the Developer for this upgrade is $616.67/acre for a total of $24,932.00, which shall be paid prior to final plat approval. F. Fencing. If, at the time of dedication or conveyance to the City of any property (i.e. outlot, right of way, open space), and abutting property is used for agricultural purposes, the Developer must provide the City with a copy of the existing fence agreement. If no fence agreement exists, the Developer must enter into a fence agreement with the adjacent owner that is acceptable to the City. Prior to final plat approval, the Developer must ensure the part of the fence it is responsible for pursuant to the fence agreement is in good condition, subject to approval by the City. SECTION 4. PUBLIC UTILITIES Developer agrees that it will obtain any necessary concurrence of utility or other easements from appropriate utility companies. Developer agrees that it will provide for the continuation of all required water, sanitary sewer and storm drainage facilities. The Developer