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ITEM 4.3 Martin Farms 5th Additionot�11.1: 0 MINNESOT�g DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 13 November 2017 PRESENTER(s) REVIEWED BY: ITEM #: City Planner Licht City Administrator Flaherty 4.3 — Martin Farms 5 1h Add. Lennar has submitted application for final plat approval of 60 single family lots and one lot for a community City Engineer Wagner PUD -CUP for the development on 25 July 2016. City Attorney MacArthur AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of the Martin Farms 5 th Addition final plat and development agreement. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/JUSTIFICATION: BACKG RO U N D/J USTI FICATION: Lennar has submitted application for final plat approval of 60 single family lots and one lot for a community clubhouse to be known as Martin Farms 5 th Addition. The City Council approved the preliminary plat and PUD -CUP for the development on 25 July 2016. • Zoning. The subject site is zoned, R-6 Residential Medium Density District, which allows single family dwellings as a permitted use. • Preliminary Plat Consistency. The final plat consists of 60 single family lots and one clubhouse lot in a configuration consistent with the preliminary plat. • Streets. Streets within the proposed final plat are designed with a 60 foot right-of-way and 28 foot street section with concrete curb and gutter. A five foot wide concrete sidewalk will be constructed along one side of each public street as required by the Subdivision Ordinance and Engineering Manual. A temporary cul-de-sac is required at the terminus of Larabee Avenue with a sign identifying future extension of the streets south to 701h Street. Street names must be revised on the final plat to be consistent with the Wright County grid system, subject to approval of City staff. All street construction plans are subject to review and approval of the City Engineer. The developer will pay a collector street access fee of $1,690/lot as part of the development contract for the construction of Maciver Avenue. • Lot Requirements. Under the PUD -CUP approved with the preliminary plat, single family lots within Martin Farms 5th Addition are subject minimum requirements shown in the table below. All of the proposed lots illustrated on the final plat comply with these requirements. Lot Width Lot Depth Setbacks Front Side Rear Wetland Interior 65ft. 100ft. 25ft. Bldg. 30ft. garage 7ft. 20ft. 40ft. Corner 87ft. Landscaping. The preliminary plat/PUD-CUP approval for Martin Farms included a landscape plan to provide for boulevard landscaping along the public streets as well as buffer yard plantings along Maciver Avenue as required by Section 20-16-7.D of the Zoning Ordinance. The development agreement includes a security for the installation and warranty for these plantings. Park and Trail Dedication. The Future Parks and Trails System Plan included in the 2012 Comprehensive Plan does not designate any area within the area of the preliminary plat for additional park land acquisition. Park and trail dedication requirements for the final plat established by Section 21-7-18 of the Subdivision Ordinance will be satisfied by payment of a cash fee in lieu of land, which is included in the development agreement. Easements. The final plat illustrates drainage and utility easements at the perimeter of each single family lot as required by Section 21-7-15.A of the Subdivision Ordinance. All drainage and utility easements on the final plat are subject to approval of the City Engineer. Grading and Drainage Plans. The developer has submitted grading and drainage plans for the proposed final plat. All grading and drainage plans are subject to review and approval by the City Engineer. The developer is required to pay a Stormwater Impact Charge for Otsego Creek at the time of final plat approval with the development contract. Utilities. The developer has submitted utility plans for the proposed final plat. All utility plans are subject to review and approval by the City Engineer. The developer is required to pay Utility Availability charges at the time of final plat approval as outlined in the development agreement. Utility connection charges are to be paid when a building permit is issued for each lot in accordance with the fee schedule in effect at that time. Street Lighting. Section 6-8-4 of the City Code specifies installation of street lighting for new subdivisions. Type I lighting will be required to be installed by the developer at the corners of intersecting local streets a Type 11 light installed at intersection of MacIver Avenue and Limmer Avenue. The development contract will provide for payment of the street light operation fee of as established by the City Code. Outlots. The proposed final plat includes five outlots as shown below. The PUD -CUP approved with the preliminary plat included development of a community clubhouse building on the lot designated as Outlot B on the preliminary plat. Section 20-16-3.G of the Zoning Ordinance prohibits construction of buildings on outlots; the final plat must be revised to designate Outlot B as a lot/block (and re -letter the other outlots accordingly). Outlot Purpose Ownership A, C, D Wetland/Storm water basin Deed to City B Community clubhouse HOA E Future phase Developer Development Agreement. The City Attorney has drafted a development agreement related to the proposed final plat to provide for construction of the project, completion of all public improvements, establishment of required securities and payment of applicable fees. The Development Agreement is to be adopted by resolution of the City Council concurrent with the final plat approval and executed prior to recording of the final plat. SUPPORTING DOCUMENTS ATTACHED: • Site location map • Engineering Review dated November 8, 2017 • Findings of Fact and Decision • Resolution 2017-92 approving a development agreement • Development Agreement • Final Plat POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES: Motion to approve the final plat of Martin Farms 5 th Addition subject to the conditions as outlined in the Findings of Fact and Decision as presented and adopt Resolution 2017-92 approving a Development Agreement. BUDGET INFORMATION FUNDING: BUDGETED: NA t lul a I 1w 00 JIM I � E rm -4 07 FM A, I- RM -21 � U4 * -5 r-lf;7 rvrQ �m Review No. I I Hakanson 11 _- Anderson ENGINEERING REVIEW Residential Subdivision for the City of Otsego by Hakanson Anderson Submitted to: Honorable Mayor and City Council cc: Adam Flaherty, City Administrator Tami Loff, City Clerk Dan Licht, City Planner Andy MacArthur, City Attorney Paul Tabone, Lennar Corporation Francis Hagen II, P.E. Westwood Professional Services, Inc. Reviewed by: Ronald J. Wagner, P.E. Brent M. Larson, P.E. Date: November 8, 2017 Proposed Development: Martin Farms 5th Addition Street Location A portion of Section SE Y4of Section 25, T121, R24. Of Property: North of 701h Street NE and West of Maciver Avenue NE Applicant: PaulTabone Developer: Lermar Corporation 16305 36t' Ave. N Suite 600 Plymouth, MN 55446 Owners of Record: Lennar Corporation Purpose: Martin Farms 5th Addition is a proposed 60 lot single-family residential development on 24 + acres within Outlot A and Outlot B of Martin Farms 41b Addition in the City of Otsego, Wright County, Minnesota. The proposed development will be served with municipal water, sanitary sewer, stonn sewer, and public streets typical of an urban setting. Jurisdictional Agencies: City of Otsego, Wright County, Minnesota Department of (but not limited to) Health, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, Wright Soil and Water Conservation District. Permits Required: NPDES, Minnesota Department of Health (water), (but not limited to) Minnesota Pollution Control Agency (sanitary sewer), and Wright County TABLE OF CONTENTS INFORMATION AVAILABLE FINAL PLAT CONSTRUCTION PLANS COVER SHEET OVERALLPLANS SANITARY SEWER AND WATERMAIN PLANS STREET AND STORM SEWER PLANS DETAILS GRADING, DRIANAGE AND EROSION CONTROL PLANS STORM SEWER DESIGN/HYDROLOGY WETLANDS DEVELOPMENT PLAN OTHER CONSIDERATIONS SUMMARY AND/OR RECOMMENDATION PAGE 2 S:\Munic7ipal\Aotsego23xx\2322.05kot2322.05 RVWI.doc INFORMATION AVAILABLE Construction Plans for Martin Farms 5 th Addition, dated 9/19/17, by Westwood Professional Services, Inc. Final Plat for Martin Farms 5th Addition, dated 9/19/17, by Westwood Professional Services, Inc. Grading, Drainage and Erosion Control Plans for Martin Farms 4"' Addition, 9/22/16 revision, by Westwood Professional Services, Inc. Stormwater Management Calculations for Martin Farms West, dated June 20, 2016, by Westwood Professional Services, Inc. Geotechnical Report for Martin Farms West, dated 1/16/13, by Haugo Geotechnical Services Geotechnical Report for Martin Farms, dated 1/8/03, by Northern Technologies, Inc. Previous Plat Information Preliminary Plat of Martin Farms, 6/16/03, by Westwood Professional Services, Inc. As -built Construction Plans for Martin Farms, 12/16/09, by Westwood Professional Services, Inc. As -built Grading Plans for Martin Farms, 11/4/09, by Westwood Professional Services, Inc. Final Storm Water Runoff Calculations for Martin Farms, dated 4/20/04 and revised 7/9/2004, by Westwood Professional Services, Inc. Geotechnical Report for Martin Farms, 1/8/03, by Northern Technologies, Inc. Environmental Assessment Worksheet, June 2003, by Schoell & Madson, Inc. Additional Information Minnesota Rules, Chapter 4410 — EAW Requirement City of Otsego Engineering Manual City of Otsego Zoning and Subdivision Ordinances National Wetland Inventory Map PAGE 3 S:\MunicipaIXAotsego23x)ck2322.05\ot2322.05 RVWI.doc FMAL PLAT 1. All horizontal curves and tangents shall meet City of Otsego minimum lengths. Multiple tangents do not meet the minimum length of 10 0' between curves. 2. The 100 -year HWL of Pond E in the rear of Lot 7 and Lot 8, Block I shall be within a platted Outlot deeded to the City. 3. The intention of Outlot D is unclear. Please provide clarification. 4. The street names approved with the 4 Ih Addition are as follows: Larabee Avenue shall be named to Lasalle Avenue. Lasalle Avenue shall be named Little Avenue. Limmer Avenue shall be named to Lydia Avenue. 5. A watermain loop though the wetland in Outlot E in will be needed. This loop (or stub) will need to be covered by a 20' wide easement. 6. The cross drainage and draintile in the rear yards of Lots 1-6, Block I shall be covered by drainage and utility easements. 7. The drainage swales in the rear yards of Lots 6-9, Block 4 and Lots 5-8, Block 3 are not centered on the lots lines and will need additional drainage easement to cover the cross drainage. CONSTRUCTION PLANS Cover Sheet 8. No comments. Overall Plan 9. Streets shall be named as in Comment 4 above. 10. The existing swale located in the rear yards of Lots 1-4, Block 3 shall be filled in and brought to final grade once storm sewer has been installed from existing CBNM-87 to FES 74. 11. Label all ponds and wetlands high water level and normal water level. 12. FES 107 and STMH 108 (labeled STNM 107A in storm sewer schedule) are already installed. Please remove or note in the storm sewer casting schedule that these are existing. 13. OCS 117 is called out as STNM in storm sewer schedule. 14. STMYI 113 is labeled as STMIl 11 3A in storm sewer schedule. PAGE 4 S:\MunicipaIXAotsego23xx\2322.05Xot2322.05 RVWI.doe 15. Storm sewer south of STNM 121 ends at dead end with bulkhead. This storm sewer run will have to be installed to the end (FES 119) with the 5 th Addition. Sanitary Sewer and Watermain Plans 16. Possible watermain conflict with proposed storm structure CBMH 75 near station 7+25, along Limmer Avenue. 17. A watermain loop shall be extended to the future Martin Farms addition, south of the wetland in Outlot E. We recommend extending the watermain south of Limmer Avenue south near station 2+50 to provide a future connection when the future addition is constructed. 18. The gate valve located on Limmer Avenue at the south side of intersection with 72nd street shall be moved to the north side of this intersection. 19. Sheet 4, add a gate valve along 72"d Street at the east side of intersection with Lasalle A -venue. 20. Sheet 4, verify the vertical separation (and horizontal separation for Lot 3 from the CBMII) between the storm sewer and sanitary services to Lots 3-5, Block 2. Are the risers to be added after the crossing of the deep storm sewer or at the main? 21. Sheet 5, label NM -218 in plan view along Larabee Avenue. 22. Sheet 5, show the storm sewer and culvert crossings in the profile near station 66+00. Street and Storm Sewer Plans 23. City specifications only require trash guards for flared end sections that are 24" or larger in diameter. 24. Label all storm sewer structures in the plan views. 25. Label ponds (NWL, 2 -yr, I 0 -yr and I 00 -yr HWLs) and wetlands (NWL and I 00 -yr 26. Curb elevations and/or slope labels would be helpful at all intersections, in particular at 72'd Street intersection with Larabee Ave. 27. Sheets 8-11, show all watermain and sanitary sewer in the plan view. 28. Show all sanitary sewer and watermain in the profiles. Sheets 8 through 10 are missing these crossings in the right profiles. Show the watermain/sanitary sewer crossing in the profile near CBME 75, STNM 113, and CBNIH81 29. Sidewalk along Limmer Avenue shall be extended all the way to Maciver Avenue. The existing curb and shall be cutout and a pedestrian ramp constructed to cross Maciver Avenue. A pedestrian ramp on the east side of Maciver at this location may be needed as well. PAGE 5 S:\Municipal\Aotsego23xx\2322.05\ot2322.05 RVW1.doc 30. Please provide detail for the parking "bump out" for the park near Outlot B - 31. Storm sewer south of STNM 121 ends at dead end with bulkhead. This storm sewer run will have to be installed to the end (FES 119) with the 5 th Addition. 32. Please clarify the need/intention of the FES 113 to FES 115 storm. 33. All vertical and horizontal curves shall meet 30 mph design speed requirements. The vertical curves at station 68+74 and 65+73 along Larabee Avenue do not meet the minimum lengths or K values (min K = 19 for crest and 37 for sag curves). 34. The drain tile to be installed along the rear of Lots 5-6, Block I shall be called out in the plans. 35. Sheet 11 & 12, the storm profile C and the detail for OCS 117. Do not agree. The detail shows a weir with an 8" hole for this structure but the profile does not. Details 36. Skimmer detail on sheet 12 is for OCS 117, not Pond 50-1 skimmer as shown. 37. Please include City of Otsego Standard Plate No. 112. 38. Verify if the Westwood detail ST01 for rectangular catch basin with poured in-place invert is necessary as the City of Otsego Standard Plate 410 is included already in the plans. GRADING, DRMNAGE AND EROSION CONTROL PLAN 39. The cross drainage and draintile in the rear yards of Lots 1-6, Block I shall be covered by drainage and utility easements. 40. The drainage swales in the rear yards of Lots 6-9, Block 4 and Lots 5-8, Block 3 are not centered on the lots lines and will need additional drainage easement to cover the cross drainage. STORM SEWER DESIGN41YDROLOGY 41. Storm sewer run from FES 108 to CBNM 111 is missing from the storm sewer design and needs to be included. 42. Storm sewer calculations are needed for existing storm sewer past CBNM I I I draining into Outlot A. WETLANDS 43. The wetland delineation report dated 1/8/14 has been submitted and Notice of Decision issued 2/19/14. PAGE 6 S:\MunicipaMotsego23xx\2322.05\ot2322.05 RVW1.dOG DEVELOPMENT PLAN 44. A development plans shall be provided with the following requirements; a. Include a north arrow and bar scale. b. All setback and easement lines shall be shown. c. House pads shall be shown (within setback lines). d. Denote House Type and Garage Floor, Lowest Opening, and Lowest Floor elevations by Block and Lot. A separate (pdf. word or excel) document must be provided listing house type, Garage Floor, Lowest Floor, and Lowest opening elevations by Block and Lot. e. The legend should include abbreviations for house types. f. Include drainage arrows (no existing or proposed contours should be shown). g. Proposed finished grade street centerline elevations and gradients shall be shown. h. Elevations at lot comers shall be called out. i. Emergency Overflow (EOF) elevations shall be called out on the plan. j . Plan shall be certified by the design engineer. 45. A lot tabulation (separate word, excel, or pdf document) must be provided listing proposed House Type, Garage Floor, Lowest Floor, and Lowest opening elevations by Block and Lot. OTHER CONSIDERATIONS 46. No comments. SUMMARY AND/OR RECOMMENDATION We recommend approval contingent on the above comments being addressed. PAGE 7 S:\Municipal\Aotsego23xx\2322.05kot2322.05 RVVVI.doc FINDINGS OF FACT AND DECISION 23 September 2016 APPLICANT: U.S. Home Corporation d/b/a Lennar APPLICATION: Request for approval of a Final Plat for 60 single family lots to be known as Martin Farms 5th Addition. CITY COUNCIL MEETING: 13 November 2017 FINDINGS: Based upon review of the application and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is Outlot B, Martin Farms 4 th Addition, City of Otsego, County of Wright, State of Minnesota. B. The subject site is guided by the Comprehensive Plan for low density and medium -to -high density residential uses within the West Sewer District. C. The subject site is zoned R-6, Medium Density Residential District. D. The City Council approved application for preliminary plat and PUD -CUP on 25 July 2016. E. The applicant is proposing a final plat of 60 single family lots to be known as Martin Farms 5 th Addition. F. The Request for Council Action dated 13 November 2017 prepared by the City Planner, The Planning Company LLC, is incorporated herein. G. The Engineering Review dated November 7, 2017 prepared by the City Engineer, Hakanson Anderson Inc., is incorporated herein. H. Final plat applications are processed in accordance with Section 21-3-3 of the Subdivision Ordinance and do not require a recommendation by the Planning Commission. DECISION: Based on the foregoing information and applicable ordinances, the application is hereby APPROVED subject to the following conditions: 1 . The applicant shall execute a development agreement as drafted by the City Attorney and subject to approval of the City Council. 2. All of the lots within Martin Farms 5 1h Addition shall comply with the following minimum lot requirements: 1 3. The applicant shall satisfy park and trail dedication requirements as a cash fee in lieu of land as provided for by the Development Agreement. 4. The applicant shall pay applicable utility availability charges upon approval of the final plat; utility connection charges shall be paid when a building permit is issued for each lot based on the current fee schedule in effect at that time. 5. Street names shall be designated on the final plat consistent with the Wright County grid system and approved by City staff. 6. All construction plans for sanitary sewer, water main, storm sewer, and streets shall be subject to review and approval by the City Engineer. 7. All grading, drainage and erosion control plans are subject to review and approval by the City Engineer. 8. Street lighting shall be installed within the final plat in accordance with Section 6-8-4 of the City Code with payment of charges as established in accordance with the City Fee Schedule, subject to review and approval of the City Engineer. 9. Outlot B shall be revised as a lot/block designation for development of the community clubhouse approved with the PUD -CUP. 10. Outlots A, C, and D as shown on the submitted final plat shall be deeded to the City. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: Attest: ADOPTED by the City Council of the City of Otsego this 13 th day of November, 2017. Tami Loff, City Clerk 2 CITY OF OTSEGO By: Jessica L. Stockamp, Mayor Lot Area Lot Width Lot Depth Setbacks Front Side Rear Wetland interior 8,138sf. 65ft. 100ft. 25ft. Bldg. 30ft. garage 7ft. 20ft. 40ft. Corner 87ft. 3. The applicant shall satisfy park and trail dedication requirements as a cash fee in lieu of land as provided for by the Development Agreement. 4. The applicant shall pay applicable utility availability charges upon approval of the final plat; utility connection charges shall be paid when a building permit is issued for each lot based on the current fee schedule in effect at that time. 5. Street names shall be designated on the final plat consistent with the Wright County grid system and approved by City staff. 6. All construction plans for sanitary sewer, water main, storm sewer, and streets shall be subject to review and approval by the City Engineer. 7. All grading, drainage and erosion control plans are subject to review and approval by the City Engineer. 8. Street lighting shall be installed within the final plat in accordance with Section 6-8-4 of the City Code with payment of charges as established in accordance with the City Fee Schedule, subject to review and approval of the City Engineer. 9. Outlot B shall be revised as a lot/block designation for development of the community clubhouse approved with the PUD -CUP. 10. Outlots A, C, and D as shown on the submitted final plat shall be deeded to the City. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: Attest: ADOPTED by the City Council of the City of Otsego this 13 th day of November, 2017. Tami Loff, City Clerk 2 CITY OF OTSEGO By: Jessica L. Stockamp, Mayor CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2017-92 RESOLUTION APPROVING DEVELOPERS AGREEMENT- MARTIN FARMS 5TH ADDITION WHEREAS, U.S. Home Corporation is seeking approval of a Plat known as MARTIN FARMS 5TH ADDITION; and WHEREAS, the approved Plat requires construction of public improvements and payment of City costs and fees; and WHEREAS, those obligations are contained and memorialized in the attached Developers Agreement; and WHEREAS, the Developers Agreement also sets forth the security required to assure satisfactory construction of public improvements and establishes the various remedies available to the City in the event that Developer breaches the terms and conditions of the Agreement. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego, Wright County, Minnesota as follows; 1. The attached Developers Agreement between the City of Otsego and U.S. Home Corporation is hereby approved. 2. The Mayor and City Clerk are hereby authorized to execute the Developers Agreement on behalf of the City of Otsego. ADOPTED this 1P day of November, 2017 by the City Council of Otsego. MOTION TO ADOPT the Resolution by Council Member. and seconded by Council Member IN FAVOR: OPPOSED: CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk DEVELOPMENT AGREEMENT MARTIN FARMS 5TU ADDITION AGREEMENT entered into this day of November, 2017 between the City of Otsego ("City"), a municipal corporation organized under the laws of the State of Minnesota, and US Home Corporation, a corporation under the laws of the State of Delaware ("Developer"). 1. Request for Plat Approval. The Developer has requested that the City approve that plat entitled MARTIN FARMS 5TH ADDITION. The legal description of the property covered by this Agreement is as follows: See Exhibit A. The Plat contains sixty (60) single family lots. The plat is located within the City's West Sewer District, the plat is zoned R-6 Residential Medium Density District as approved by ordinance by the City Council on March 8, 2004. The Plat is a phase of a multi -phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless fmal platted into lots and blocks, -not outlots, within five (5) years after preliminary plat approval. The Final Plat for MARTIN FARMS 5T11 ADDITION was approved by the City Council on November 13, 2017. 2. Conditions of Plat Approval. The City hereby approves the Plat on condition that the Developer enter into this Agreement, furnish the security required by it, and record the Agreement with the Wright County Recorder or Registrar of Titles within one hundred eighty (180) days after the City Council approves the Agreement. The Developer shall cooperate with the City in recording the Agreement and all required additional deeds and documents and providing assurance that the Agreement and all required documents have been properly and timely recorded. 3. Right to Proceed. Within the Plat, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, storm sewers, water lines, streets, utilities, public or private improvements, or any buildings or structures until all the following conditions have been satisfied: 1) this Agreement has been fully executed by both parties and filed with the City Clerk, and all conditions contained in the Agreement have been met, 2) the necessary security has been received by the City, 3) this Agreement has been recorded with the Wright County Recorder's Office, 4) The Developer has initiated and attended a pre -construction meeting with the City Engineer, and 5) the Zoning Administrator has issued a letter that all conditions have been satisfied and that the Developer may proceed; or until such time as approval to commence earlier construction is specifically approved by the City, and Developer has fully complied with all conditions set forth by City staff. 4. Sanitary Sewer Service Allocation. The allocation of sanitary sewer service to the sixty (60) dwellings within the Plat does not occur until all required security has been posted. 5. Changes in Official Controls. MARTIN FARMS 5TU ADDITION is a planned and staged development within the meaning of Minn. Stat. 462.358, Subd. 3c, and no amendment to the City's Comprehensive Plan or other Official Controls shall apply to or affect the use, development density, lot size, lot layout, or platting requirements for MARTIN FARMS 5TH ADDITION for a period of five (5) years. Thereafter, notwithstanding anything in this Agreement to the contrary, to the fall extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan, other Official Controls enacted after the date of this Agreement. This provision does not apply to regulations or Official Controls related to park and trail dedication or any fee established by the City chargeable to the Developer for municipal costs arising from said future phases. 6. Development Plans. The Plat shall be developed in accordance with the plans on file at the office of the City Clerk and the conditions stated below. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Plan A Final Plat, MARTIN FARMS 5TH ADDITION prepared by Westwood Professional Services, Inc. Plan B Grading, Drainage, and Erosion Control Plan prepared by Westwood Professional Services, Inc. and as finally approved by the City Engineer. Plan C Sanitary Sewer, Water Main, Storm Sewer and Streets Plans for MARTIN FARMS 5TH ADDITION, as prepared by Westwood Professional Services, Inc. and as finally approved by the City Engineer. Plan D Landscape Plan for MARTIN FARMS 5TH ADDITION, prepared by Westwood Professional Services, Inc., and as finally approved by the City Zoning Administrator. 7. Improvements. The Developer shall install and/or pay for the following: A. Streets B. Street lights C. Site grading and ponding D. Underground installation of all utilities E. Sanitary sewer lines F. Water lines G. Storm water management improvements H. Setting of lot and block monuments 1. Construction surveying and staking J. Traffic control signs Improvements shall be installed in accordance with City standards, the City Code, and the above -referenced plans that have been furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits before proceeding with construction. The City shall provide adequate field inspection personnel to assure acceptable quality control, which will allow certification of the construction work. The City may, when reasonably required to do so by the City Engineer, and at the Developer's expense, have one (1) or more City inspectors and a qualified engineer inspect the work. Within thirty (30) days after the completion of the improvements and before all retained security is released, the Developer shall supply the City with a complete set of reproducible 64as constructeX' and an electronic file of the "as constructed" plans in AutoCAD.DWG file or a DXF file, all prepared in accordance with City standards. Before the security for the completion of utilities is fully released, iron monuments shall be installed in accordance with Minnesota Statutes 505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments are installed following site grading, utility and street construction. 8. Contractors/Subcontractors. City Council members, City employees, and City Planning Commission members, and corporations, partnerships and other entities in which such individuals have greater than a twenty -five percent (25%) ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 7 above. 9. Permits. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include, but are not limited to: A. Wright County for County Road access and work in County right of way. B. MNDOT for State Highway Access C. MNDOT for work in right of way D. Minnesota Department of Health for watermains E. MPCA NPDES Permit for construction activity F. WCA for sanitary sewer and hazardous material removal and disposal G. DNR for dewatering H. City of Otsego for building permits 1. City of Otsego for sanitary sewer connections J. City of Otsego for retaining walls 10. Dewatering. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable County, State, and Federal rules and regulations. DNR regulations regarding appropriations permits shall be strictly followed. 11. Time of Performance. The Developer shall install all listed improvements by December 31, 2018, with the exception of the final wear course of asphalt on streets and landscaping. The Developer may request an extension of time from the City to be submitted in writing to the City Clerk, for which said extension shall be conditioned upon updating the security posted by Developer to reflect cost increases and the extended completion date. Final wear course placement outside of the above time frame must have the written approval of the City Engineer. The City may impose additional conditions on the extension necessary to ensure performance. 12. Right of Entry. The Developer hereby grants to the City, its agents, employees, officers and -contractors an irrevocable right of entry to enter the Plat to perform any and all work and inspections necessary or deemed appropriate by the City during the installation of improvements by Developer or the City, or to make any necessary corrective actions necessary by the City. Except in emergency situations, as defitied by the City, the City shall give the developer thirty (30) business days notice stating the deficiencies and necessary corrections prior to making any corrective action. Said right of entry shall continue until the City finally accepts the improvements and any applicable warranty period has expired. 13. Erosion Control. Prior to initiating site grading, and before any utility construction is commenced or further building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. If the City Engineer determines that it would be unreasonable to require full implementation of the erosion control plan prior to utility construction or issuance of certain building permits, he shall state in writing what construction can take place and what particular building permits can be issued prior to full implementation. The City may impose additional erosion control requirements if, in the reasonable opinion of the City Engineer, they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. If the Developer does not comply with the erosion control plan and schedule or any supplementary instructions, the City may, with reasonable notice and opportunity to cure, take action as it deems appropriate. 14. Grading Plan. Plat grading shall be in accordance with the approved grading plan, Plan B. The plan shall conform to City specifications and the City Code. Ponds, swales, and ditches shall be constructed on public easements or land owned by the City. Within thirty (30) days after completion of grading and before any retained security is fully released, the Developer shall provide the City with an "as builf 'grading plan including certification by a registered land surveyor or qualified engineer that all ponds, swales, and ditches have been constructed on public easements or land owned by the City. "As built" plans shall include field verified elevations of the following: A. Cross sections of ponds B . Location and elevations of swales and ditches C. Lot comers and house pads Occupancy permits shall not be issued by the Building Official until the grading and drainage plan is certified as set forth above. 15. Clean Up. The Developer shall promptly clean any and all dirt and debris from streets and construction sites in accordance with the City Code resulting from construction work by the Developer, its agents or assigns. 16. Ownership of Improvements. Upon acceptance by the City Council of the work and construction required by this Agreement, improvements lying within public easements and public right-of-way shall become City property without further notice or action. 17. Streets. The Developer agrees to maintain the streets in the Plat until the base course bituminous has been accepted by the City. Should the City be required to grade the street prior to paving, the cost of such grading shall be paid by the Developer and drawn from the Developer's letter of credit. Should snow plowing be necessary prior to street paving, the Developer shall be responsible for such plowing as may be required by the City. If, upon Developer's request, the City agrees plow the street prior to acceptance, such work will be done upon agreement that the Developer will hold harmless and indemnify the City from any and all liability claims related to such work and pay all costs associated with that work. Any plowing undertaken by the City will constitute no acceptance or evidence of acceptance of the street(s) in question. The final wear course shall not be constructed until at least one construction season after the base construction is completed and shall be delayed one more construction season if at least 75% build out is not achieved. However, the final wear course shall not be delayed for a period longer than two years after the base course is paved, regardless of build out; in which case, the Developer shall provide an escrow for fog sealing the streets in the event the final wear course is placed prior to 75% build out. Upon final completion of streets and acceptance by the City as a City street rather than a private drive, the Developer shall guarantee to the City for a period of two (2) years that the streets have been constructed to City standards. The warranty period shall not commence until such time as street construction is completed and the streets are accepted as City streets by the City. The two (2) year warranty set forth above commences upon the date on which the City accepts the streets by resolution. 18. Sewage Treatment. No occupancy permit for any building within the Plat will be issued by the City unless the Building Official has inspected both the sewer and water connections to the building and has certified that they have been constructed satisfactorily in accordance with City specifications and the City Code. 19. Administrative Fee. A fee for City Administration of this project is one percent (1 %) of estimated construction costs of the public improvements, or $ 12,760. 20. Sewer Availability Charges. The Sewer Availability Charges for the Plat due upon Final Plat approval is as follows; 60 units at $2,3 82.00 per REC = $142,920.00. 21. Sewer Connection Fees. Sanitary sewer connection fees are paid at the time of issuance of a building permit. The applicable amount due per unit shall be the fee per REC unit in place at the time of application for a building permit. 22. Water Availability Charges. The Water Availability Charges for the Plat due upon Final Plat approval is as follows: 60 units at $1,663.00 per REC = $99,780.00. 23. Water Connection Fees. Water connection fees are paid at the time of issuance of a building permit. The applicable amount due per unit shall be the fee per REC unit in place at the time of application for a building permit. 24. Park and Trail Dedication. The Park and Trail Dedication fee is cash as follows; 60 units x $3,486.00 per unit = $209,160.00. 25. Storm Water Management Fee. The trunk storm water management fee for the Plat is as follows: 23.2 net acres x $3,290.00 per net acre = $76,722.80. 26. Transportation Infrastructure Cost. The transportation infrastructure cost charged to the Plat is as follows: 60 units x 1,690.00 per unit = $101,400.00. 27. Street and Traffic Control Signs. Before the City signs the final plat, the Developer shall pay to the City $6,500.00 for installation of traffic control signs (stop signs, street signs, dead-end signs). The said amount is calculated as follows: 26 signs at $250.00 per sign--- $6,500.00. Using these funds, the City shall purchase and install the street and traffic control signs. 28. Street Light Construction. The Developer shall pay for the operation and maintenance of the street lights for a period of two (2) years. In order to facilitate payment for operation and maintenance of street lights, the Developer shall submit a fee to be included within the escrow and fees established in Paragraph 29 of this Agreement calculated as follows: five (5) lights x $500.00 per light for a total payment of $2,500.00. The operation and maintenance of the street lights by the City shall not commence until such time as the street lights are actually constructed. Street lighting shall conforni to adopted City Code. 29. City Engineering Administration and Construction Observation, Legal Fees Escrow and City Fees. The Developer shall pay a fee for consulting engineering administration following approval of the Plat. City engineering administration will include consultation with Developer and its engineer on status or problems regarding the project, monitoring during the warranty period, general administration and processing of requests for reduction in security. Fees for this service shall be the actual amount billed for those services, which are estimated to be three percent (3%) of the estimated construction cost of the Plan C Improvements to be inspected, assuming normal construction and project scheduling. The Developer shall pay for construction observation performed by the City Engineer. Construction observation shall include part or full time observation, as determined by the City Engineer, of proposed street, sanitary sewer, water and stonn drainage construction and will be billed on hourly rates actually required for said inspection, which are estimated to be five percent (5%) of the estimated construction cost of the Plan C Improvements to be inspected. In the event of prolonged construction or unusual problems, the City will notify the Developer of anticipated cost overruns for engineering administration and observation services. Any amounts for engineering administration not utilized from this escrow fund shall be returned to the Developer when all improvements have been completed, all financial obligations to the City satisfied, and the required "as constructed" plans have been received by the City. All City fees and costs billed to Developer pursuant to this Agreement shall be billed at City's customary rates therefor. The escrow and fee account shall also include estimated fees for Legal expenses actually incurred (with any excess funds, if any, returned to Developer as indicated further in this Paragraph 29), City Administrative Fee (a flat fee due upon execution of this Agreement), Trunk Water and Sewer Access Fees (a flat fee due upon execution of this Agreement), Transportation Infrastructure Costs (a flat fee due upon execution of this Agreement), Park and Trail Dedication Fees (a flat fee due upon execution of this Agreement), Street Light Maintenance and Operation Fee (a flat fee due upon execution of this Agreement) and shall be established as follows: Engineering Services Escrow-- 8% of $ $1,276,000.00 $102,080.00 Legal Services Escrow 1% of $1,276,000-00 $12,760.00 City Administration Fee 1% of $1,276,000-00 $12,760.00 Street Signs 26 at $250.00 per sign $6,500.00 Street Lights 5 at $500.00 per light $2,500-00 Sewer Availability Charge 60 units at $2,382.00 per REC $142,920.00 Water Availability Charge 60 units at $1,663.00 per REC $99,780.00 Stormwater Impact Charge 23.32 acres at $3,290.00 per acre $76,722.80 Transportation Charge 60 units at $1,690.00 per unit $101,400.00 Park and Trail Dedication Fee 60 units x $3,486/unit $209,160.00 GIS Data Entry Fee - 24.78 acres x $ 100 per acre $2,478.00 Wetland Delineation Review 0 Review x $2,000.00 per review $00.00 TOTAII, $769,060.80 This escrow amount shall be submitted to the City prior to the City executing this Agreement. All administrative and legal fees related to plan review, drafting of this Agreement and any other necessary items shall be paid to the City prior to execution of this Agreement. Any amounts for legal and engineering not utilized from this escrow fund shall be returned to the Developer when all improvements have been completed, all financial obligations to the City satisfied, and the required "as constructed" plans have been received by the City. All other amounts listed as flat fees are non-refundable and available immediately for City use when posted. 30. Security. To ensure compliance with the terms of this Agreement, and construction of all public improvements, the Developer shall famish the City with a cash escrow or Irrevocable Standby Letter of Credit with automatic renewal provisions in the amount of $1,858,425 said amount calculated as follows: Site grading, erosion control and wetland protection $00.00 Sanitary sewer (lateral & trunk) $315,000.00 Watermain (lateral & trunk) $230,750.00 Storm Sewer (lateral) $187,000.00 Streets $543,250.00 Landscaping $120,000.00 Engineering services $90,740.00 SUBTOTAL $1,486,740.0 0 25% additional security $37105.00 TOTAL $1,858,425.0 0 The issuer and form of the security (other than cash escrow) shall be subject to City approval. The security shall be issued by a banking institution in good standing as determined by the City and reasonably approved by the City Administrator. The City shall have the ability to draw on the security at a bank or branch bank located within fifty (50) miles of the City Hall. The security shall be for a term initially ending three hundred sixty four (364) days from the date of issuance and shall contain an automatic renewal provision pursuant to which the security shall be deemed automatically renewed for successive one year (or 364 day) periods unless the issuer shall provide written notice of non -renewal to the City at least sixty (60) days prior to the expiration date of the letter of credit (a "Issuer Notice of Non -Renewal"). If the Developer does not replace such security with substitute security meeting the requirements hereof and reasonably acceptable to the City within thirty (30) days after the Issuer Notice of Non -Renewal, then the City may draw down the security and hold the proceeds thereof as security for the performance of the obligations of Developer hereunder. It shall be the responsibility of the Developer to inform, the City at least thirty (30) days prior to expiration of the security of the impending expiration and the status of the project relative to the security and this Agreement. If, for whatever reason, the security lapses prior to complete compliance with this Agreement (other than during any warranty period), the Developer shall immediately provide the City with either an extension of the security or an irrevocable letter of credit of the same amount upon notification of the expiration. The City may draw down the security for any other violation of the terms of this Agreement, which violation remains uncured after delivery of any required notice hereunder and expiration of the applicable cure period. If the security is drawn down the proceeds shall be used to cure any default and the balance held as security for the performance of any remaining obligations of the Developer hereunder. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval, the security may be reduced from time to time down to $203,263.00, which is the amount of warranty security. A warranty security in the amount of $203,263.00 shall be posted with the City as set forth in paragraph 34 of this Agreement. The warranty period shall be a twelve (12) month period after the applicable work has been completed. Notwithstanding the posting of that warranty security, the security shall not be reduced below ten percent (10%) of the posted security until all Improvements have been completed, all financial obligations to the City satisfied (which includes posting of warranty security), and the required "as builf 'plans have been received by the City. The intent of this Agreement is that the City shall have access to sufficient security, either security or warranty security, to complete the project and insure warranty on all public improvements at all times. This security amount shall be submitted to the City prior to execution of the Agreement. All administrative and legal fees related to plan review, drafting of this Agreement and any other necessary items shall be paid to the City prior to execution of this Agreement. The security for this Agreement shall be an h -revocable Standby Letter of Credit with automatic renewal provisions conforming to the requirements of this Paragraph or cash in the amount of $1,858,425.00. 31. Landscaping. The Developer shall install two (2) trees upon each lot within the Plat of a species approved by the Zoning Administrator. These plantings may not be installed in a public right-of-way. Any security posted for this agreement or prior additions may be used to cure any defects in the event that the Developer, it assigns or successors fail to install landscaping according to this Agreement. Landscaping security to insure compliance with the approved Landscape Plan shall be $3,000 per dwelling unit to be posted with the City at the time of application for a building permit on each lot. Any trees which can cause a public nuisance or public hazard, such as bug infestation or weak bark, are specifically prohibited. The Developer, Builders or Property Owners (applicant for building permit) in the residential lot area shall sod all front yards within the buildable portion of each lot and shall post any security required by the City to assure landscaping or other items in compliance with the City Code at the time of application for a building permit on each lot. The Developer, Builder or Property Owner shall provide not less than six (6) inches of topsoil in required front yards or side yards abutting public rights-of-way. Where slopes lie in excess of ten (10) percent, sodding (staked) shall be required. Weather permitting, the trees, grass seed and sod shall be planted before Certificates of Occupancy are issued. All grass seed shall be maintained so that turf is established within one (1) year of planting. If landscaping as required by the City Code and this Agreement is not timely completed, the City, after reasonable notice and opportunity to cure, may enter the lot or lots, perform the work, and apply any posted security toward the cost. The Developer, it assigns or successors, Builder or Property Owner will provide will provide all trees, grass, seed and sod within the Plat and shall maintain said plantings and warrant them to remain alive, of good quality and disease free for twelve (12) months after planting. Any replacement shall be warranted for twelve (12) months from the time of planting. Developer is also required to implement a Landscaping Plan including boulevard landscaping along City streets as well as designated other plantings. Security shall be posted in order to insure compliance with the approved Landscaping Plan. 10 32. Significant Trees. There are no significant trees within the Phase. The Developer is not required to replace any significant trees. 33. Meters. Meters shall be provided as per City policy. 34. Warranty. The Developer warrants all work required to be performed by it against poor material and faulty workmanship for a period of one (1) year after its completion and acceptance by the City, except for warranty on streets which is set forth in Section 17 of this Agreement. The amount of posted warranty security for public improvements to be posted by the Developer shall be in the amount of $203,263.00. The amount, has been determined by the City Engineer, and is based upon the costs of the raw materials and labor which would be necessary to correct the most common deficiencies in such public improvements. 35. Claims. The Developer shall pay any subcontractor within ten (10) days of the Developer's receipt of payment by the City for undisputed services provided by the subcontractor. In the event that the City receives claims from labor, materialmen, or others that perform work required by this Agreement, which is provided to real property owned by the City, and the sums due them have not been paid, and the laborers, materialmen or others are seeking payment from the City, the Developer hereby authorizes the City to commence an interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to one hundred twenty- five percent (125%) of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorney fees pursuant to this Agreement. In the event that the Developer desires to make a cash deposit instead of drawing down the letter of credit if a claim is made as stated above, they shall immediately notify the City of this intent at the time the claim is made and shall delivery one hundred twenty-five percent (125%) of the claim to the City within ten (10) days of such notice in the form of cash or certified check. 36. Restrictions. The following restrictions apply to the property and all lots thereon shall be held'. sold, and conveyed subject to the following conditions and restrictions., which are for the purpose of protecting the value and desirability of the Plat and insuring that all conditions imposed by the City in this Agreement are properly recorded against the property. Said conditions shall run with the real property and be binding on all parties having a right, title or interest in the plat or any part thereof, their heirs, executors, representatives, successors and assigns: Outlots A, C and D shall be deeded to the City as wetland and/or stonn water basin. Outlot B shall be deeded to the established Homeowner's Association as a community clubhouse. 37. Responsibility for Costs. 11 A. Except as otherwise specified herein, the Developer shall pay all costs incurred by them or the City in conjunction with the development of the Plat, including, but not limited to, legal, planning, engineering, and inspection expenses incurred in connection with development of said Plat, the preparation of this Agreement, and all costs and expenses incurred by the City in monitoring and inspecting development of the Plat. B. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from Plat development, except for any claims based on the negligence or willful misconduct of City, it employees, agents and contractors, the Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including reasonable attorney's fees. C. The prevailing party shall reimburse the non -prevailing party for costs incurred in the enforcement of this Agreement, including engineering fees, attorney's fees, and costs and disbursements. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt, unless the Developer is in good faith and with all due diligence disputing the payment of the same. If the bills are not paid on time, and such failure remains uncured as of a date thirty (3 0) days after delivery of written notice to the Developer of such failure, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until all bills are paid in fall. Claims not paid within thirty (30) days shall accrue interest at the rate of twelve percent (12%) per year. 38. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, and the failure of Developer to cure such default within thirty (30) days after delivery of written notice from the City (a "Developer Defaulf') the City may, at its option, perform the work and the City may then draw down the security established in Paragraph 17 to pay for any work undertaken. This notice provision does not apply if the work performed by the City or its contractors is of an emergency nature, as determined at the reasonable discretion of the City. Should such emergency work be required the City will make all reasonable efforts to notify the Developer as soon as possible. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part pursuant to any applicable statutes or ordinances. 39. Miscellaneous. 12 A. The Developer represents to the City that to best of its knowledge, the Plat complies with all City, County, State, and Federal laws and regulations, including but not limited to, Subdivision Ordinances, Zoning Ordinances, and environmental regulations except where specifically excluded by this agreement. If the City determines that the Phase does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Agreement. C. The occurrence and continuance of a Developer Default under this Agreement shall be grounds for denial or revocation of building permits. D. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E. If building permits are issued by the City prior to the completion and acceptance of public improvements, the Developer shall assume all liability for the costs resulting in any delay in completion of public improvements and damage to any public improvements caused by the Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. No one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface, unless a specific exception is approved by the City. F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. G. This Agreement shall run with the land, shall be recorded against the title to the property and all properties therein established by the Plat, and shall be binding on all parties having any right, title or interests in this phase of the plat or any part thereof, their heirs, successors, and assigns. After the Developer has completed the work required of them under this Agreement as set forth in Section 8, at the Developer's request, the City will execute and deliver to the Developers a release or partial release (s) of this Agreement. H. The Developer shall take out and maintain until one (1) year after the City has accepted the public improvements, public liability and properiy damage insurance covering personal injury, including death, and any claims for property damage which may arise out of the Developer's work or the work of their subcontractors or by one 13 directly or indirectly employed by any of them. Limits for bodily injury and death shall not be less than $500,000.00 for one person and $ 1,000,000.00 for each occurrence; limits for property damage shall be not less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, and the Developer shall file a copy of the insurance coverage with the City prior to the City issuing further building pen -nits. 1. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. The Developer shall pay for all local costs related to drainage improvements required to complete the construction according to the plans and conditions that are a part of this Agreement. K. Should development of the plat proceed at a pace slower than anticipated, and for that reason, specific terms of this agreement become onerous or unduly burdensome to the Developer, upon his/her application, the City will enter into negotiations regarding those specific terms and shall not unreasonably withhold consent to appropriate changes in the terms of this Agreement. L. The Developer shall demonstrate and maintain compliance with the 1991 Wetland Conservation Act. M. The Developer shall be responsible for all on site drainage as well as for any affects that their actions may have on adjoining properties. Specifically, the Developer shall maintain existing drainage tiles on site, and shall be responsible for any and all drainage problems related to either the site drainage tiles or problems with on-site drainage facilities to be constructed in accordance with this agreement and plat approval. 40. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, their employees or agents, or mailed to the Developer by registered mail at the following address: 16305 36th Avenue North, Suite 600, Plymouth, MN 55446 Attention: Joe Jablonsky. Notice to the City shall be in writing and shall be either hand delivered to the City Clerk at the following address: City of Otsego, City Hall, 13400 90'h Street NE, Otsego, NIN 55330, Attention: City Clerk 14 CITY OF OTSEGO IA* -M ran Jessica Stock -amp, Mayor Tami Loff, City Clerk US HOME CORPORATION DEVELOPER LOMA ITS: STATE OF MINNESOTA SS. COUNTY OF WRIGHT The foregoing instrument was acknowledged before me this day of 2017, by Jessica Stockamp, Mayor and by Tami Loff, City Clerk, of the City Otsego, a Minnesota municipal corporation, on behalf of the City and pursuant to the authority of the City Council. Notary Public 15 STATE OF MINNESOTA ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 2017 by the of US Home Corporation with authority and on behalf of the corporation. DRAFTED BY: MACARTHUR LAW OFFICE, LLC 3601 Thurston Avenue North Suite 103 Anoka, MN 55303 (763) 231-5850 16 Notary Public EXHIBIT A- LEGAL DESCRIPTION Outlot A and Outlot B, MARTIN FARMS 4TH ADDITION according to the Plat on file and of record with the Office of the County Recorder, Wright County, Minnesota. 17 MA R TIN FA RNS 5 TH A DDI TION KNOW ALL PERSONS BY 7HESE PRESDVM- That U.S Home Corporation, a Delaware corporation. fee owner- of the following described CITY Coma- CITY OF OTSEGO, MINNESOTA property situated in the County of Wright, State of Minnesota, to wit., 777is plot of MAR71N FARMS 5TH AOM770M was approved and accepted by the City Council of the City of Otsego, Minnesota. at a regular Outlot A and Outlot B. MARTIN FARMS 41H ADDITFON, according to the recorded plat thereof Wright County, Minnesota. meeting thereof held this — day of 20 and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. Has caused the same to be surveyed and platted as MAR71N FARMS 57H ADD17ION and does hereby dedicate to the public for public use the public ways and the drainage and utility easements as created by this plat. In witness whereof said U.S. Home Corporation, a Delaware corporation, has caused these presents to be signed by its proper officer this — day of , 20 U,S. HOME CORPORA7101V BY Jonathan Aune, Division Vice President STA7E OF COUNTY OF 777is instrument was acknowledged before me this — day of 20 , by Jonathan Aune, Division Vice President of U -S. Home Corporation, a Delaware corporation, on behalf of the corporation. Notary Public, — My Commission Expires (SF9..t.re) (N— Printd) — County, SURVEYORS CER77FICAZE I, Craig W Morse, do hereby cet-tify that this plat was prepared by me or- under my direct supervision, that I am a duly Licensed Land Sui-veyor in the State of Minnesota; that this plat is a correct representation of the boundary sui-vey that, alamathematical data and labels are correctly designated an this plat; that all monuments depicted on this plat have been, or will b e tly set within one year that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subb. J, as of th dote of this certificate are shown and labeled on this plat; and all public ways are shown and labeled On this plat. Dated this — day of 20— Craig W. Morse, Licensed L nd gr Minnesota License No. 23021 STA7E OF COUNTY OF The foregoing Surveyor's Certificate was acknowledged before me this _ day of 20--- . by Craig W Morse, Land Sur�yor, Minnesota License No. 23021. (S�riitu-) (N—e Pfint�d) Notary Public, County, My Commission Expires City Administrator WRIGHT COUNTY SURVEYOR I hereby certify that in accordance with Minnesota Statutes. Section 505.021, Subd 11, this plat has been reviewed and approved this — day of . 20 Wright 'ounty Surveyor WRIGHT COUNTY AUDITOR Pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes On the land hereinbefore described on this plot and tianstei- entered this — day of 1 20 Wright ounty Au fitor By :— Deputy WRIGHT COUNTY 7REASURER Pursuant to Minnesota Statutes, Section 505-021, Subd 9. taxes payable for the year 20L_ on the land hereinbefore described ham been paid this — day of , 20 -- By : Wight County Treasurer Deputy WRIGHT COUNTY RECORDER I hereby certify that this instrument was filed in the office of the County Recorder for record on this — day Of I 20L____ , at _ o'clock — U., and was duly recorded in Cabinet No.— Slee- as Document Number Wright Coun Westwood Profemional SerVices, Inc- Drainage and Utility Easements are shown thus, + J I L_ - - - - - - (No Scale) Being 5 feet in width, unless otherwise indicated, and ad ' ibining lot lines, and 10 feet in width and adjoining right-of-way lines as shown on the plaL MARTIN FARMS 5TH ADDITION -T MINITY MAP No scal BOTH ST ME NW 114 NE 114 SE 1 4 100.. SW 114 4: 1 I 70FH ST NE Section 25, Twp, 121. Rge- 24 _J -T 7 in -, Is;, / p N fe r DRAINAGE U17"TY L N1 r t r Q, 9 _101 - - Ift - _J F - - - (T - -_ -1 N&5��70;;� 25" -7 h A C- ;� /% -S 10 IVI - 1-i V I - 1 4 9 2 _� I r- I Fl�, - L__ I- - 3 %V - --- I - -��5*36�,,_ / - 4 , - -- - 039'07-W N7 N85 J L - - - - - - - !'�-�7 - - _J 1.41 A % I 10 1 ,�-DRAINAGE & URUTY EASEMENT & U77UrY 4 L EASEMENT it Q, 3 43'W 162. 10, L S16 �V_ r 1 19. -W 148.42 65. 151.17 - - - - - - -- 1 -1 Na5*39'07 6515 1 _;� , _-J / 0 b, T 0 T 001-16'Vl I 6a 86.02 lk M86-10 !2 87.51 - - W I -W49 - )v M82 7 7 87 .41 T I I -EDGE OF- R. & TY 9 _J �b .. ...... ... N8501010 11, - - - - - - - - - - - - so r -DRAINAGE IIETIAND S86o"I"107' 206 94 DRAIIVAGE�r V 2-U94 & URUTY 9 8 7 6 ,50. 00 EASEMDVT ;31 1 1 1 1 -15-2.2��61 'a I 6 J0 --8.08 OUMOT A , -DRAINAGE & UTILITY E4SV"T 8 7 � I I . 1 .0 PER DIF PLAT OF MAR77N FARMS NJ h % t -1 n -n - N I v5 I N I % I - V I K- 6 A-90,00,00- IN E -DR I 71AUTAGEALENT 5 1 ',, 18.72- 4 30 --J L -o W..3 'J51E 203 04 A j4. _qL10 M3 04 A\ Z_ :J L L _T_ �,6­6 047M '14' 2 5 'E �36'01 �S82.0714V 7IC�10W Ia549 _J� R 1 , 1,48, N R=470.00 AR=590. I Ioaz '41' L L �0�5 W 16247 124.40 C) - - - R=340.00 720 S7REFTAIF R 2 - - - - - - - - - - - - - - -7 r- 45 Z Az 16-00W 51' 76 C) L A-5-5 --011-01. 4 "Ll&64 14 MAR77N FARMS 47H ADD177ON ta - - L__* . , T I L I> DRA D 6.b5 3 'a 4 T 01 IL 6.01 ctl 1 -1 1 30 sag -10,35"w 1 5 f L - - - 17 6 7 2 T--�-D�RAWAGE & U 8 1 1 7 :!1 93 i, " I I I.q F "k 3 I 1 9 9 q \ I 0-toN.. .111, 1 4 t 3 4 '131 ANJ to -DRAINAGE 0 51 7Y L U77LI -4� I - V U71LITYDREIVEMEENT I E 156.57 'qJ EASEMENT __J L_ CIO L _1'_ _J pill 00 L I's .15 U. 14 *,58"W 7 27 13 NBB*22'41*W *41 14 YE SM24INFIE 00 1 30, 5 90.23 N111' __N22 Lij 30 6. '211E 01 �14 4- 30 00 0 ao\� 30- sil 5 Nis 31E 13B-01 5 50. 60-').044-C SID, 2& - - - ---- - ----------------- MATCHLIE (SEE SHEET .3 OF -3 SHEETS) - --------------- -------- - ------------------------ - -------- - --- - - -- - - -- - --------------- L,j ZZ 73 I I 700-i ---------- I I Westwood Professional Services, Inc. qh­1 9 f 4 ­­f� 100.. 4: 1 I 60 77LJTY--' BEARING OMENTA710N. DRAINAGE & EA T -00 7he West line of Outlot A MAR77N FARMS 47H .00 ADD1770N, is assurned to bear N 00*4925' W L EASIMENT * Denotes 112 inch by 14 inch !ran rebar set DRAINAGE & U77UTY OWY ALL OF OUILOT A and marked by License No. 23021 * Denotes, lbund monument AW50j9,07-W 2.32 88 60 91 13 .00 Monument 30.00 r, _J Denotes Wight County J .Z 1130.00 if I -7 I N 11! 4 A, 14! Lq A182- 149.44 2 i� ff DRAtNAG,- unury EA5EMENT 50 0 50 100 150 V L IZ18 - - DRAINA �_,___UDUTY in scale Ifeet - - - - - - - -- 11 ioF - - - - - - 1 EASEEMOVT N 11 "/ - _J A185*3_910_-W J 66.80 l. 12 .2 lk 101 - Scale-- I Inch 50 Feet x, r� A p L'I l--'_1 / * / to 7 in -, Is;, / p N fe r DRAINAGE U17"TY L N1 r t r Q, 9 _101 - - Ift - _J F - - - (T - -_ -1 N&5��70;;� 25" -7 h A C- ;� /% -S 10 IVI - 1-i V I - 1 4 9 2 _� I r- I Fl�, - L__ I- - 3 %V - --- I - -��5*36�,,_ / - 4 , - -- - 039'07-W N7 N85 J L - - - - - - - !'�-�7 - - _J 1.41 A % I 10 1 ,�-DRAINAGE & URUTY EASEMENT & U77UrY 4 L EASEMENT it Q, 3 43'W 162. 10, L S16 �V_ r 1 19. -W 148.42 65. 151.17 - - - - - - -- 1 -1 Na5*39'07 6515 1 _;� , _-J / 0 b, T 0 T 001-16'Vl I 6a 86.02 lk M86-10 !2 87.51 - - W I -W49 - )v M82 7 7 87 .41 T I I -EDGE OF- R. & TY 9 _J �b .. ...... ... N8501010 11, - - - - - - - - - - - - so r -DRAINAGE IIETIAND S86o"I"107' 206 94 DRAIIVAGE�r V 2-U94 & URUTY 9 8 7 6 ,50. 00 EASEMDVT ;31 1 1 1 1 -15-2.2��61 'a I 6 J0 --8.08 OUMOT A , -DRAINAGE & UTILITY E4SV"T 8 7 � I I . 1 .0 PER DIF PLAT OF MAR77N FARMS NJ h % t -1 n -n - N I v5 I N I % I - V I K- 6 A-90,00,00- IN E -DR I 71AUTAGEALENT 5 1 ',, 18.72- 4 30 --J L -o W..3 'J51E 203 04 A j4. _qL10 M3 04 A\ Z_ :J L L _T_ �,6­6 047M '14' 2 5 'E �36'01 �S82.0714V 7IC�10W Ia549 _J� R 1 , 1,48, N R=470.00 AR=590. I Ioaz '41' L L �0�5 W 16247 124.40 C) - - - R=340.00 720 S7REFTAIF R 2 - - - - - - - - - - - - - - -7 r- 45 Z Az 16-00W 51' 76 C) L A-5-5 --011-01. 4 "Ll&64 14 MAR77N FARMS 47H ADD177ON ta - - L__* . , T I L I> DRA D 6.b5 3 'a 4 T 01 IL 6.01 ctl 1 -1 1 30 sag -10,35"w 1 5 f L - - - 17 6 7 2 T--�-D�RAWAGE & U 8 1 1 7 :!1 93 i, " I I I.q F "k 3 I 1 9 9 q \ I 0-toN.. .111, 1 4 t 3 4 '131 ANJ to -DRAINAGE 0 51 7Y L U77LI -4� I - V U71LITYDREIVEMEENT I E 156.57 'qJ EASEMENT __J L_ CIO L _1'_ _J pill 00 L I's .15 U. 14 *,58"W 7 27 13 NBB*22'41*W *41 14 YE SM24INFIE 00 1 30, 5 90.23 N111' __N22 Lij 30 6. '211E 01 �14 4- 30 00 0 ao\� 30- sil 5 Nis 31E 13B-01 5 50. 60-').044-C SID, 2& - - - ---- - ----------------- MATCHLIE (SEE SHEET .3 OF -3 SHEETS) - --------------- -------- - ------------------------ - -------- - --- - - -- - - -- - --------------- L,j ZZ 73 I I 700-i ---------- I I Westwood Professional Services, Inc. qh­1 9 f 4 ­­f� Drainage and Utility Easements are shown thus., + - - - - - - 1472� 4'4 O -OC (No Sc -le) 174-08 3"00 Being 5 feet in width, unless otherwise indicated, .12 -- and adjoining lot lines, and 10 feet in width and I472o3u adjoining right-of-way lines as shown on the plot. --- 6 '01 +--7-DRAINAGE & UTILITY EASEMENT BEARING ORIENTA770N., Ab The We t line of Outlot B, MAR77N FARX4TH ADD1710N. Is assu- d to bear N 00o4g'25' W 7 0 Denotes 1/9 inch h� 14 inch MARTIN FARMS 5TH ADDITION -------------------------------------------------------------------------------------------------------------- A"Taf LOYE N83 21,,O-Q'E S88 -2456-E - L . -, v— - T J OF 3 SHEETS) _L .59 45 (SEE -.qEE i - N56'22'41 -W 90 23 .30'XI - - -- - .- I e t471,6.0 S)I 0 ()4 - — - - - - - - - 7 25.)'8 .66 5 30.00 65. '16 -7 -99 o'b/ IDRAINAGE-' & U17LITY 1,0 12 EASEMENT 51 4/ 13 lb A 14 t OU7LOTC 6 15 J9 16 4 OU7LOTB *,�4. 49 �J iron reb 'N set and marked by / �� V% Irl o N74 :T;il '00. T EDGE License a. 23021 01 4 -DRAINAGE IS 4J WE ILA Ili 78 OU7LOTD �SIIXO�402 '23�E - W 160 -13 -- ----------- Too N786,' .60 \30- DO DRAINACE--' & U7`L'TY & Un'Ll 0 30-03 T 000 EASEMENT /MO 8 2 30 30 A, 9 '0 -"f (3 / / 10 -16, --fDOE OF WTLAND-- 1A I r OUMOTA 4� DRAINAGE & UTILITY EASEMENT OVER ALL OF OUTLOT A -. -oo _J 15�14o4622-1 L�.56.;7,2 JO.0J' I iron reb 'N set and marked by / �� V% Irl ,, ,, :T;il '00. 0 �2 License a. 23021 01 4 -DRAINAGE Z- S81 o0222 78 OU7LOTD �SIIXO�402 a Denotes found monument , T' T T _ EAUSEILMENT \Ob oj-- � 30-03 T Denotes Wright County Monument 8 30 A, 9 �o/ lo -"f (3 / / 10 -16, --fDOE OF WTLAND-- 1A I r 4� Qf L, j 70 IJ2.63 12 If / �� V% Irl ,, ,, 6 00. Z- S81 o0222 OU7LOTD A LJ -J L L / 30 S87o56'29'W 144.48 EDGE OF WFTLAND-­ S89-04'22-W 1A I r moo LINE OF OUTLOT A MARTIN FARMS 4TH ADDITION 50 0 50 100 150 Scale in fee t Scale. I Inch = 50 Feet 75%5� 12 OUILOTE N00005'21"E 10.00- 44a79 WesbNood Professional Senilices, Inc.