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Attachment A <br />SETTLEMENT AGREEMENT <br />THIS AGREEMENT is made and entered into by and between the City of Roseville, a <br />Minnesota municipal corporation (“City”) and AEON, a Minnesota nonprofit <br />corporation, (“AEON”). <br /> WHEREAS, the City and AEON entered into a Planned Unit Development <br />(“PUD”) Agreement dated June 8, 2009, a copy of which is attached as Exhibit A, as <br />amended April 25, 2011, a copy of which is attached as Exhibit B, relative to the <br />construction of a new 4-story, 50-unit apartment building within the City of Roseville, <br />Minnesota, known as the Sienna Green PUD (“Project”); and <br /> WHEREAS, the City and AEON entered into a Public Improvement Contract <br />(“PIC”) dated November 9, 2009, a copy of which is attached as Exhibit C, relative to the <br />Project. The PIC at Section III provided that the park dedication fee for the Project is <br />zero ($0); and <br /> WHEREAS, Resolution No. 10901, approving the preliminary final plat of Sienna <br />Green Second Addition (PF07-068), made no reference to the requirement for the <br />payment of a Park Dedication Fee as a condition of approval; and <br /> WHEREAS, in mid-2011, city staff verbally advised AEON that a park <br />dedication fee payment in the amount of $150,000.00 would be required prior to the <br />issuance of building permits for the project; and <br /> WHEREAS, AEON advised the City that the City entered into a PIC with Aeon <br />on November 9, 2009, that stated that park dedication fees were zero ($0), and that the <br />project budget was based upon that PIC and the project could not absorb an extra <br />$150,000, and that legal opinion given to Aeon was that the building permit could not be <br />withheld because of the assertion by staff that a fee was due; and <br /> WHEREAS, in the interests of completing the Project without interruption and <br />delay, on or about September 7, 2011, AEON deposited and the City accepted into <br />escrow the amount of $150,000.00, as required by the City of Roseville, and <br />subsequently Aeon received the building permit; and <br /> WHEREAS, the parties have engaged ongoing discussions to finalize the matter; <br />and <br /> WHEREAS, after various requests for the release of funds, including alternative <br />pro-rated amounts, City staff has agreed to release half of the escrowed funds, which is <br />an amount of $75,000. <br />1 <br /> <br />