04-12-2021 Council Packet - Laserfiche WebLink

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Watermark 4th Addition Development Agreement April 12, 2021 page 12 18. Special Provisions. a. Rear yard draintile systems shall be privately maintained, and will not be maintained by the City. This is consistent with all phases of the Watermark Development. b. Club House - Sanitary Sewer and Water Trunk Charges are being charged as one unit, and the SAC and WAC charges will be due at the time of building permit and when a Metropolitan Council of Environmental Services (MCES) SAC determination is available. c. Lake 20 (Outlot D Watermark 4th Addition, and Outlots E and G Watermark), which is owned and maintained by the Watermark Homeowners Association, may be utilized by the City for the extraction of water to irrigate the Public Park to be constructed on Outlot C, Watermark 4th Addition. In addition, the City may construct a dock or pier from the Public Park onto Lake 20, and the public shall have the right to access and utilize Lake 20 from the Public Park or any dock or pier constructed by the City. The City and the Watermark Homeowners Association shall enter an agreement, City Park Operations and Maintenance and Stormwater Re-Use Agreement, prior to recording of the plat, vesting the City with the rights described in this section. The agreement providing for such rights shall not be deemed to be a dedication of any property for general public use. The City’s entry and access to, and use of, Lake 20 shall always be subject to the following provisions: (i) the City shall promptly restore any areas disturbed in the course of the City's entry or use thereof, (ii) the City shall maintain, repair and replace any improvements installed by the City at the City’s sole cost and expense, and (iii) the City shall indemnify, defend and hold Developer and the Watermark Homeowners Association harmless from and against any costs, damages, liabilities, losses, expenses, liens or claims (including, without limitation, reasonable attorney’s fees) arising out of or relating to any such access, entry or use thereof, all such obligations shall survive termination or expiration of this Agreement. d. The Developer shall obtain a FEMA approved CLOMR to revise the impacted floodplain prior to grading within the floodplain. Building permits will not be issued on until a FEMA approved LOMR is received for Lots 12-20 Block 1, Lots 8- 18 and 20-26 Block 2, and Lots 1-2 Block 3 of the Watermark 4th Addition. e. Outlots A, B and D, Watermark 4th Addition are preserved as permanent Open Space and shall be improved by the Developer in accordance with the approved plans and upon completion and acceptance by the city, of such improvements, it shall be owned and maintained by a Homeowner’s Association in accordance with an approved Restoration and Management Plan.