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ITEM 5.1 AshwoodTY O OtCI�eF,ffo MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 10 September 2018 PRESENTER(s) REVIEWED BY: ITEM #: City Planner Licht City Administrator/Finance Director Flaherty 5.1— Ashwood City Engineer Wagner City Attorney MacArthur STRATEGIC VISION MEETS: I THE CITY OF OTSEGO: ARE YOU SEEKING APPROVAL OF A CONTRACT? Is a strong organization that is committed to leading the community through innovative communication. Yes Has proactively expanded infrastructure to responsibly provide core services. BACKGROUND/JUSTIFICATION: Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. ■ Zoning. The subject site is zoned R-5, Residential Single and Two Family District. Single family lots Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of a final plat and execution of a development agreement. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes No BACKGROUND/JUSTIFICATION: D.R. Horton has submitted application to final plat the first phase of the Ashwood subdivision consisting of 27 single family lots. The City Council approved the preliminary plat and PUD -CUP for the development on 23 July 2018. ■ Zoning. The subject site is zoned R-5, Residential Single and Two Family District. Single family lots are a permitted use within the R-5 District. ■ Preliminary Plat Consistency. The final plat consists of 27 single family lots accessed by public streets in a configuration consistent with the preliminary plat. Outlots A and C includes the future phases of development. ■ Streets. The final plat includes construction of the first 870 feet of 75th Street west of Odean Avenue. The Transportation Plan designates 75th Street as a residential collector street. The right- of-way for 75th Street is 80 feet wide with a 46 foot section of roadway. A trail will be constructed on the north side of 75th Street to align with the existing trail east of Odean Avenue. Local streets within the proposed final plat are designed with a 60 foot right-of-way and 28 foot A SHWOOD KNOW ALL PERSONS BY THESE PRESENTS., That D.R. Horton, Inc.—Minnesota, a Delaware corporation, fee owner of the following described CITY COUNCIL, CITY OF OTS£GO, MINNESOTA property situated /n the County of Wright, State of Minnesota, to wit: - lhis plot of ASHtfOOD was approved and accepted by the City Council of the City of Otsego, Minnesota, of o regular meeting The Northeast Quarter of the Southwest Quarter, except the South half thereof the Southwest Quarter of the Northwest Quarter thereof held this day of 20 , and said plat is in compliance with the provislons of Minnesota and the Southeast Quarter of the Northwest Quarter, alt In Section 28, Township 121, Range 23, Wright County, Minnesota Statutes, Section 505.03, Subd. 2. Has caused the some to be surveyed and platted as ASHINOOD 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 D.R. Horton, Inc.—Minnesota, a Delaware corporation, has caused these presents to be signed by its proper officer this day of , 20_ . D.R. HORTON, INC:—MINNESOTA (Signature) Its (Nome printed) (Title) STATE OF COUNTY OF 7h/s instrument was acknowledged before me this day of 20_ , by its of D.R. Horton, Inc.—Minnesota, a Delaware corporation, on behalf of the corporation. (Sig—l—) (Nome Printed) Notary Public, County, My Commission Expires SURVEYORS CER71P7CA7E 1, Craig W. Morse, do hereby certify that this plat was prepared by me or under my direct supervision; that l am a duly Licensed Land Surveyor in the State of Minnesota; that this plat Is a correct representation of the boundary survey, that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year, that a/1 water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Doted this day of , 20 Craig W. Morse, Licensed Land Surveyor Minnesota License No. 23021 STATE OF COUNTY OF The foregoing Surveyor's Certiflcate was acknowledged before me this day of 20 , by Crag W. Morse, Land Surveyor, Minnesota License No. 23021. Notary Public, My Commission Expires (Signatu ) Coun ty, Mayor City Administrator VRIGHT 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 County Surveyor NRIGHT COUNTY AUDITOR/7REASURER Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable for the year 20 on the land hereinbefore described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this day of , 20 Wright County Aud/tor/Treosurer By Deputy BRIGHT COUNTY RECORDER I hereby certify that this Instrument was filed /n the office of the County Recorder for record on this day of , 20 , at o'clock .M., and was duly recorded in Cabinet No. , Sleeve as Document Number Wright County Recorder Westwood Professional Services, Inc. Sheet 1 of 3 sheets I I I IV V/ /'1�7 i I I 5 Z O ( 120 0 120 240 260 Scale in feet SEAR/NG ORIENTA71aN., The west line of the Southwest Quarter of the Northwest Quarter of Section 28, Township 121, Range 23, is assumed to bear N W16'14' W o Denotes 1/2 Inch by 14 Inch Iron rebor set and marked by License No. 23021 • Denotes iron rebor found and marked as shown A SHWOOD I I I I I T- -r A 'r r- I r /l, ' A I r, L_ .: I I n I I L_ I k k I I V L-1 I A I r, n I I T r n I A I n Iv v l I r I v Iry 1 C� 50 tj 75TH STRE:T -25 o nic 40 Lecl Westwood Professional Services, Inc. Sheet 2 of 3 sheets C) O V _ 50 tj 75TH STRE:T -25 o nic 40 Lecl Westwood Professional Services, Inc. Sheet 2 of 3 sheets INSET A (FROM SHEET 2 OF 3 SHEETS) ASHWOOD \ oDRAINAGE0 /5 /URUTY EASEMENT PERMANENT EASEMENT FOR SLOPE, GRADING & MAIN7ENANCE PER DOCUMENT NO. 693125 OMOT A DRAINAGE & U77UTY EASEMENT OVER ALL OF OUTLOT A _ a ti \ o59 / SB4° m iE // \ 14849 1 1�%i JO.oa N` / \\N f'9 .�"'�.-2.49 2 \ 1 °� �'�'-DRAINAGE & URLITY i - \ 0 [L, I EASEMENT I N84°0655` 5�!4t // \ y0 !tl\\ o 1 _ 1 �'T.�-------- W 4=4°5089 '( -T: _____ _--17.24 -------- .� s 556 N 0p0 \ L=26.38 -`'I. W -�. / ///� r \�+/ 233"W j3 i -'1 o w I It 9x \�'° s eo`oF' / / 9 / //URUTY EASEMENT' -c, 11 S88 5784E 134.89 p q r l i8 / I� 2 fl I 42 rrr� \'/ / �URLIrY EASEMENT ////5 q6 \ \ \ fl �^ W 2�4_ ,, �,/ e 3 3 \ DRAINAGE & U7ILITY ui 14' I of 6°2236 i% _ �� iq// �f� J i'' / //52� �w\tl_ a N i'\ o \ 'I EASEMENT 2 5� I i 1226-..." / /o5g y I 3 1 3a a P N \ 2 d / \ O \ 2�'/ 2 / 30 S89°31'32E 149.3048. 30 -------------JS79104S oN� N° I) °d S82°53'064 751 0717'' 0\ 6629L=19," H' I 'o / NI I o 1 7 I� W --------_—J I I o I N84°24'15'W 130,00 1 \ N6 r\ \. yry/ / 31 I MI 151 to S hl 1 l�tlpo° / 4 yI I bl L-- 584°24_15_E 149, 58 1� W of DRAINAGE& -c. 1 \4� / / o I I Jr 3 75--------._---� Q 1p ^I UTILITY EASEMENT m `\ :%unuTTr�EA&EMENra` ;ssJ' / hl h� '� 5 \� Lei 1.59 �/ //0\!� J`?�\='i• / 1 I o I I• `'•-_DRAINAGE& I� _ .-_'---J 01 1 U77LITY EA SEMEN I Nr- -__ 7n I I nI N8424W - +- 73000 o\ \i/ /�/ // N\C \d>`8y'_;•164-3ir..� I L -- I m75I 6 > 9041 —. 1I7 00 6 81 / M (/ 5 17B.26 --- -- S2o�:/5 i 74249 - ---1�C---� D"D D,ryA y'73poo / 7 j0\\ //// ', O////11M1• / d 1¢014`)2` 1j' JO I 90.00 DRAINAGE &-,, �a l V �5/ 11 JO l'-----_,- 22.50 o1"I y\\\\URUTY EASEMENT �-DRAINAGE & / � 7 / / /7 1 L=39.08 2'1 3 N o� y PERMANENT EASEMENT FOR SLOPE, GRADING & MAINTENANCE PER DOCUMENT NO. 693125 I I I--- 40 I I 4G I I I I I I I I I I I I I I I = r j URLITY EASEMENT / o°N` OULOTA I DRAINAGE & U77LW EASEMENT 8 o J la I I I� 10 \ \ i?a\\\\ / 8 y� OVER ALL OF OUROT A 1 Ih z\ \ 9 \ \/ / ORAINURLITY �1 / /0yO 1 Q I I \ J I w h I W 0\ EASEMENT I ?! \ I -DRAINAGE &4 1 URUTY I O I °j DRAINAGE I M I : 1 1 1 h f I m\ \ // / 0 6g I d=2°4937' p5• d=4°49%13' i ��. EASEMENT l , i I EASEMENT L,1 L=4391 L=75.01 139.!3 L' -i -L I JO I ----.1 L.--------- '\ I1 126.79 O -'J JO d=1°08'27 40-- a i v 190.04 L-19.12 _ �```p Spry e 515e c— - - `�^ r L=92.92 i 226.13 ao R=850.00 � -'----- 796.12 i --I- d=7°3910' � -- -- 584 °2415E 41573 - - ----- 219_6! i 4=6°47'12' 708.23 7 0"Y&I�&C - '--57H----.-. ,_ I �'- .--- R=7000.00 _ L=716.70 NBB°54'33 E 226.17 _ - R=810.00 d=7°3920' S ' CB=N88°1J 55'W sa4° 24'15E 415.73 � I o i A=6'41'12' 50 0 50 100 150 Scale in feet Scale: 1 Inch = 50 Feet BEAR/NG ORIENTATION: fie west line of the Southwest Quarter of the Northwest Quarter of Section 28, Township 121, Range 2J, is assumed to bear N O1°16'14" W o Denotes 1/2 inch by 14 Inch iron rebor set and marked by License No. 23021 • Denotes iron rebor found and marked as shown Drainage and Utility Easements are shown thus: I I II 5-{ I-5 II II II ----- ----JI L --- (Not to Scale) ' Being 5 feet in width, unless otherwise indicated, and odjolning lot lines, and 10 feet in width and adjoining right-of-way lines as shown on the plat. Westwood Professional Services, Inc. Sheet 3 of 3 sheets 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 termini of Oday Lane and Oday Avenue and signs identifying future extension of these streets will also be required. The development agreement provides that the developer pay for the fabrication and installation of all street signs. Section 8-8-4 of the City Code specifies installation of street lighting for new subdivisions at the corners of intersecting streets and midblock locations for blocks longer than 900 feet. The development contract provides for payment of the street light operation fee of as established by the City Code. ■ Lot Requirements. The preliminary plat approval establishes minimum lot requirements shown in the table below for the lots within this final plat. All of the proposed lots within the final plat comply with these minimum lot requirements. ■ Landscaping. The preliminary plat included approval of a landscape plan to provide for boulevard and yard landscaping for each lot as well as buffer yard plantings abutting Odean Avenue and 75th Street as required by Section 10-16-7.D of the Zoning Ordinance. The development agreement includes a security for the installation and warranty for these plantings. ■ Park and Trail Dedication. The preliminary plat approval provides for dedication of land for a public park located at the northwest corner of the subject site. The park outlot will not be final platted with this phase. The dedication of the park outlot satisfies 18.8 percent of the park and trail dedication requirements for the preliminary plat established by Section 10-8-15 of the Subdivision Ordinance. The remaining 81.2 percent of the park and trail dedication requirements will be satisfied by proportional payment of a cash fee in lieu of land per lot. The park dedication fee in lieu of land in accordance with the City's current fee schedule for the final plat is included in the development agreement. ■ Easements. The final plat illustrates drainage and utility easements at the perimeter of each single family lot and overlaying stormwater facilities as required by Section 21-8-12.A of the Subdivision Ordinance. All drainage and utility easements 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 that are subject to review and approval by the City Engineer. The proposed final plat includes Outlot A as encompassing a stormwater basin that will be deeded to the City for permanent ownership and maintenance. Utilities. The developer has submitted utility plans for the proposed final plat that are subject to review and approval by the City Engineer. The developer is required to pay Utility Availability Lot Lot Lot Setbacks Area Width Depth Front Side Rear Odean Wetland Ave./ 75th St. Interior 9,000sf. (net) 60ft. 100ft. 25ft. house 7ft. 20ft. 65ft. 40ft. Corner 80ft. 25ft. 30ft. garage ■ Landscaping. The preliminary plat included approval of a landscape plan to provide for boulevard and yard landscaping for each lot as well as buffer yard plantings abutting Odean Avenue and 75th Street as required by Section 10-16-7.D of the Zoning Ordinance. The development agreement includes a security for the installation and warranty for these plantings. ■ Park and Trail Dedication. The preliminary plat approval provides for dedication of land for a public park located at the northwest corner of the subject site. The park outlot will not be final platted with this phase. The dedication of the park outlot satisfies 18.8 percent of the park and trail dedication requirements for the preliminary plat established by Section 10-8-15 of the Subdivision Ordinance. The remaining 81.2 percent of the park and trail dedication requirements will be satisfied by proportional payment of a cash fee in lieu of land per lot. The park dedication fee in lieu of land in accordance with the City's current fee schedule for the final plat is included in the development agreement. ■ Easements. The final plat illustrates drainage and utility easements at the perimeter of each single family lot and overlaying stormwater facilities as required by Section 21-8-12.A of the Subdivision Ordinance. All drainage and utility easements 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 that are subject to review and approval by the City Engineer. The proposed final plat includes Outlot A as encompassing a stormwater basin that will be deeded to the City for permanent ownership and maintenance. Utilities. The developer has submitted utility plans for the proposed final plat that 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. ■ Outlots. The final plat includes three outlots as outlined below. Outlot Function Ownership A Stormwater basin Deed to City B, C Future phases Developer Development Agreement. The City Attorney has drafted a development agreement related to the proposed final plat to provide for 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. I SUPPORTING DOCUMENTS ATTACHED: I ■ Site location map ■ Engineering Review dated August 30, 2018 ■ Findings of Fact and Decision ■ Resolution 2018-57 approving a development agreement ■ Development Agreement ■ Final Plat (3 sheets) POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to approve the final plat of Ashwood subject to the conditions as outlined in the Findings of Fact and Decision as presented and adopt Resolution 2018-57 approving a Development Agreement. BUDGET INFORMATION FUNDING: BUDGETED: CITY Ot�ezo MINNESOTA APPLICANT: D.R. Horton, Inc. 5 Sep 18 FINDINGS & DECISION FINAL PLAT APPLICATION: Request for approval of a final plat to be known as Ashwood. CITY COUNCIL MEETING: 10 September 2018 FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes the following findings of fact: A. The legal description of the property is attached as Exhibit A. B. The property lies within the East Sewer District and is guided for Low Density Residential land uses by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned R-5, Residential Single and Two -Family District; single family dwellings are a permitted use within the R-5 District. D. A preliminary plat of 143 single family lots and PUD -CUP to address certain lot requirement flexibilities was approved by the City Council on 23 July 2018. E. The proposed final plat consists of 27 single family lots, three outlots, and public rights-of- way. F. The Request for Council action for the 10 September 2018 City Council meeting prepared by the City Planner, The Planning Company LLC., is incorporated herein. G. The Engineering Review dated 30 August 2018 prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. H. Applications for final plat approval are processed in accordance with Section 10-5-3 of the Subdivision Ordinance and do not require review by the Planning Commission. DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED, subject to the following conditions: 1 N Lots within the final plat shall be subject to the following requirements: Plans for street construction shall subject to review and approval of the City Engineer including: Lot Lot Lot Setbacks Area Width Depth Front Side Rear Odean Wetland Ave./ 75th St. Interior 9'000sf. (net) 60ft. 100ft. 25ft. house 30ft. garage 7ft. 20ft. 65ft. 40ft. Corner 80ft. 25ft. Plans for street construction shall subject to review and approval of the City Engineer including: a. Installation and operation of street lights required by Section 8-8-4 of the City Code. b. Fabrication and installation of street signs. 3. Park and trail dedication requirements shall be satisfied by payment of a cash fee in lieu of land equal to 81.2 percent of the fee in accordance with the City's fee schedule as provided for by the Development Agreement. 4. Outlot A shall be deeded to the City for stormwater management purposes. 5. All grading, drainage, wetland, and erosion control issues are subject to review and approval of the City Engineer. 6. All utility plans are subject to review and approval of the City Engineer. 7. The developer shall pay utility availability charges at the time of final plat approval in accordance with the fee schedule then in effect. 8. All easements are subject to review and approval of the City Engineer. 9. The developer shall execute a development agreement as drafted by the City Attorney and subject to approval of the City Council. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: Attest: ADOPTED by the City Council of the City of Otsego this 10th day of September, 2018. Tami Loff, City Clerk 2 CITY OF OTSEGO By: Jessica L. Stockamp, Mayor Review No. 3 Hakanson 1-111Anderson ENGINEERING REVIEW Residential Subdivision for the City of Otsego by Hakanson Anderson Submitted to: Honorable Mayor and City Council cc: Adam Flaherty, City Administrator/Finance Director Tami Loff, City Clerk Dan Licht, City Planner Andy MacArthur, City Attorney Mike Suel, D.R. Horton, Inc. Robert Olson, Westwood Professional Services, Inc. Reviewed by: Ronald J. Wagner, P.E. Brent M. Larson, P.E. Cody Sylvester, E.I.T. Date: August 30, 2018 Proposed Development: Ashwood 1St Addition Street Location A portion of the NE'/4 of the SW '/4 Section 28, T121, R23 and the Of Property: South %2 of the NW 1/4 Section 28, T121, R23, all West of Odean Avenue NE and South of 78th Street NE. Applicant: Mike Suel Developer: D.R. Horton, Inc. 20860 Kenbridge Court, Suite 100 Lakeville, MN 55044 Owners of Record: D.R. Horton, Inc. Purpose: Ashwood 1St Addition is a proposed 27 lot single-family low density residential lot development on approximately 15 acres in the City of Otsego, Wright County, Minnesota. The proposed development will be served with municipal water, sanitary sewer, storm 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 • AITA IM."Im11 SANITARY SEWER AND WATERMAIN PLAN STREET & STORM SEWER PLAN INTERSECTION DETAILS DETAILS ECTURNIT1000-jr.,-1, - SURFACE WATER MANAGEMENT WETLANDS SUMMARY AND/OR RECOMMENDATION PAGE 2 S:\MunicipaMotsego23xx\2339\ot2339 RVW1.docx INFORMATION AVAILABLE Final Plat for Ashwood, received 8/14/18, by Westwood Professional Services, Inc. Grading Plans for Ashwood, dated 8/6/18, by Westwood Professional Services, Inc. Construction Plans for Ashwood, revised 8/8/18, by Westwood Professional Services, Inc. Preliminary Plans for Ashwood, revised 8/20/18, by Westwood Professional Services, Inc. Geotechnical Soil Borings for Ashwood, dated 4/20/18, by Westwood Professional Services Stormwater Management for Ashwood, revised 7/17/18, by Westwood Professional Services, Inc. Storm Sewer Design for Ashwood, dated 4/25/18, by Westwood Professional Services, Inc. Wetland Delineation for Ashwood Property, dated 6/14/18, by Westwood Professional Services, Inc. Geotechnical Report (Draft) for Ashwood Residential Development, dated 6/13/18, by Westwood Professional Services, 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:\Municipal\Aotsego23xx\2339\ot2339 RVW1.docx FINAL PLAT The street east of Oday Avenue shall also be Oday Avenue (currently Oday Lane). 2. Round the right-of-way at the intersections. An existing permanent easement for slope, grading, and maintenance per doc no 693125 should be vacated at this time. CONSTRUCTION PLANS Cover Sheet 4. Provide benchmarks and datum (should be NGVD 1929 adj. datum). Overall Please identify Ist Addition limits. 6. The O'Day Lane east of O'Day Avenue shall also be O'Day Avenue. Sanitary Sewer And Watermain Plans 7. Watermain coming from the eastern development along 77th Street is a 12" (ID) HDPE. Upsizing of the proposed 8" DIP to 12" DIP will be necessary to provide adequate water supply beyond the Ashwood development. The developer shall continue to work with City staff to develop an acceptable configuration. The cost for the extra size will be credited to the Developer. Also, please label the down -stream pipe with the size and type of pipe. The cost for the extra depth will be credited to the Developer. 8. No western invert was constructed at the existing manhole so one must be core drilled as the desired elevation/location. Also, please label the down -stream pipe with the size and type of pipe (10" HDPE (8" I.D.)). 9. The 8" sanitary sewer shall be run at minimum grade from the existing manhole through the entire development to supply beyond the Ashwood development. The developer shall continue to work with City staff to develop an acceptable configuration. The cost for the extra depth will be credited to the Developer. 10. Sheet 4, these streets shall be labeled O'Day Avenue. 11. Sheet 4, show storm sewer in the background of the right O'Day Avenue profile. 12. Sheet 4, verify a minimum 12" of vertical separation is provided between the storm sewer and watermain at approx. station 2+50. 4" of insulation is needed if separation is less than 24". PAGE 4 S:\MunicipalWotsego23xx\2339\ot2339 RVW1.docx 13. Sheet 5, there appears to be a conflict between the storm and watermain near station 8+80. 14. Sheet 5, the watermain is proposed to be stubbed all the way to 77th Street. It will be difficult to install the deeper sanitary sewer here with this watermain installed. We recommend leaving this stub at least 25' shorter. Street & Storm Sewer Plan 15. Transverse draintile and draintile under the curb is redundant and not necessary. If draintile is placed under the curb on the upstream side of structures the transverse draintile can be eliminated. 16. An existing storm pipe and apron was installed along the west side of O'Dean Avenue that needs to be located and shown on the plans. The invert elevations should be 929.39. 17. Show the water and sanitary lines or crossings in the background of all profiles. 18. The temporary cul-de-sacs required 4" bituminous curb. A separate document with the temporary easements will be needed for both temporary cul-de-sacs. 19. 75th Street should be constructed to the end point shown but the "End of Street" signs and barricades will be moved up to the intersection of O'Day Avenue for now. Intersection Details 20. ADA pedestrian ramps are required at all sidewalk and bituminous path intersection crossings including at O'Dean Avenue. Please show in the intersection details as well. Details 21. All details shall be the most recent Otsego Engineering Manual version (March 2018). GRADING PLANS Cover 22. Provide approval signature line for Ronald Wagner, City Engineer. 23. Provide benchmark(s) and datum (should be NGVD 1929 adj. datum). 24. The grading plans show grading onto the property to the south. Written permission from the adjacent property owner shall be provided. 25. The O'Day Lane east of O'Day Avenue shall also be O'Day Avenue. 26. A vehicle maintenance route must be provided (and covered by minimum 10' wide easement) to all ponds and all inlet and outlet structures for the ponds. Verity the access PAGE 5 S:\Municipal\Aotsego23xx\2339\ot2339 RVW1.docx route for the inlet pipe and outlet pipes for Basin 2 is traversable by maintenance vehicle. 27. Please identify 1St Addition limits even though grading will be done over the entire site. 28. Label the 2 -yr and 10 -yr HWL elevations for each pond/basin. Also, labeling the wetlands with a name/number would be helpful. 29. Show the delineated edge for all wetlands, including the wetlands proposed to be filled. 30. Preliminary plans showed "forebays" for the infiltration basins. Current plans are calling for sump manholes instead. Providing forebays is the preferred option for maintenance purposes. 31. An existing storm pipe and apron was installed along the west side of O'Dean Avenue that needs to be located and shown on the plans. The invert elevations should be 929.39. 32. Provide an elevation label at the front/rear setback lines on the lot lines between rear setback line between Lots 11-12 & 14-15, Block 7A and at rear setback line between 5-6 & 10-12, Block 4A and at rear setback line between 7-8 & 10-13, Block 2A and at rear setback line between 14-15, Block 3A. These elevations shall provide fall away from the lower house. 33. All cross drainage shall be covered by drainage easements. This appears to have been addressed in the current preliminary plans except the swale in the rear of lot 21-22, Block 7A. The EOF between Lot 1, Block 3 and Lot 5, Block 8A also needs to within an easement. 34. The EOF elevation appears to be a typo between 16-17, Block 4A (should be EOF 935.7) 35. The EOF elevation appears to be a typo between 14-15, Block 3A (should be EOF — 937.2) 36. The EOF elevation between 6-7, Block 3A and Lot 27-28, Block 4A are not necessary. 37. There is a typo for the EOF between Lots 7-8, Block 3A (should be EOF — 937.5). 38. The lot corner elevation in the SE corner of Lot 7, Block 3Aand in the NE corner of Lot 3, Block 3A also appears to be incorrect. 39. The house types for Lot 5, Block 9A and Lot 6 & 15-18, Block 3A and Lot 7, Block 2A appear to be mislabeled. Please verify and revise. 40. An EOF label is needed between Lots 8-9, Block 2A and for Pond 4 near the SE corner of Lot 10, Block IA. 41. The EOF from Pond 3 to the wetland shall have articulated concrete block. PAGE 6 S:\Municipal\Aotsego23xx\2339\ot2339 RVW1.docx 42. The storm sewer, cross drainage and EOF in the rear of Lot 14, Block IA shall be covered by a drainage and utility easement in the future. We suggest moving the EOF and changing the grading to have EOF over the storm pipe if possible. 43. The lowest opening elevation of 941.6 for Lot 1, Block 5A depends on the grading off- site to the north (Walesh Estates). Please verify that this elevation provides a minimum 1.5' of freeboard from the downstream overflow elevation. 44. Ashwood is planned to be graded all at once but utilities constructed with each subsequent addition. There is a swale planned to take the storm sewer from the north end of O'Day Lane to Basing 2 until the future storm sewer is constructed. A plan/sketch of this swale is needed. The swale shall be protected from erosion using ditch checks, etc. 45. The street profile for 77th Lane (middle profile) should be labeled O'Day Lane (—sta 0+00 to 9+00) and O'Day Aveue (—sta 9+00 to 15+50). SURFACE WATER MANAGEMENT 46. No comments. WETLANDS 47. Wetlands have been reviewed and report is out for comments. SUMMARY AND/OR RECOMMENDATION We recommend approval contingent upon the above comments being addressed. PAGE 7 S:\Municipal\Aotsego23xx\2339\ot2339 RVW1.docx CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2018-57 RESOLUTION APPROVING DEVELOPERS AGREEMENT- ASHWOOD WHEREAS, D.R. Horton, Inc.- Minnesota has an approved Plat known as ASHWOOD; and WHEREAS, the approved Plat requires construction of public improvements, payment of City costs and fees and escrow and security; 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 D.R. Horton, Inc.- Minnesota is hereby approved in form, subject to modification of fees, charges and security as approved by City staff. 2. The Mayor and City Clerk are hereby authorized to execute the final Developers Agreement on behalf of the City of Otsego. ADOPTED this 10th day of September, 2018 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 ASHWOOD AGREEMENT entered into this day of August, 2018 between the City of Otsego ("City"), a municipal corporation organized under the laws of the State of Minnesota, and D.R. Horton, Inc.- Minnesota, 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 ASHWOOD. The legal description of the property covered by this Agreement is as follows: The Northeast Quarter of the Southwest Quarter, except the South half thereof; the southwest Quarter of the Northwest Quarter and the Southeast Quarter of the Northwest Quarter, all in Section 28, Township 121, Range 23, Wright County, Minnesota. The Plat contains twenty seven (27) single family residential lots. The plat is located within the City's West Sewer District, is zoned R-5, Residential Single and Two Family District as approved by Ordinance adopted by the City Council on July 23, 2018. 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 (100) 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 twenty seven (27) lots within the Plat does not occur until all required security has been posted. 5. Changes in Official Controls. ASHWOOD 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 ASHWOOD for a period of five (5) years. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full 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, ASHWOOD 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 ASHWOOD, as prepared by Westwood Professional Services, Inc. and as finally approved by the City Engineer. 2 Plan D Landscape Plan for ASHWOOD, 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 I. 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 "as constructed" and an electronic file of the "as constructed" plans in AutoCAD.DWG file or a .DNF 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. K 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. MPCA for sanitary sewer and hazardous material removal and disposal G. DNR for dewatering H. City of Otsego for building permits I. 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, 2019, with the exception of the final wear course of asphalt on streets and landscaping. The final wear course on streets shall be installed not later than October 15th and in accordance with Section 17 of this Agreement. 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 defined 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 4 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 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 built" 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 corners 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 surfacing 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 Streets Supervisor. If, upon the Developer's request, the City agrees to 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 5 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, as set forth in the Financial Summary, Exhibit A. 20. Sewer Availability Charges. The Sewer Availability Charges for this Plat are as set forth in the Financial Summary, Exhibit A. 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 this Plat are as set forth in the Financial Summary, Exhibit A. 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 for the Plat is to be satisfied as dedication of land as indicated on the preliminary plat that will occur with a future final plat. The land to be dedicated to the City satisfies 18.8% of the 6 required park land dedication for the preliminary plat. The balance of the park dedication requirements is to be satisfied as cash in lieu of land equal to 81.2% of the fee adopted at the time of final plat approval. The park dedication cash fee in lieu of land for the Plat is set forth on the Financial Summary, Exhibit A. 25. Storm Water Management Fee. There is no Trunk Storm Water Fee for the Plat. 26. Street and Traffic Control Signs. Before the City signs the final plat, the Developer shall pay to the City money for installation of traffic control signs (stop signs, street signs, dead-end signs and wetland signs). Using these funds, the City shall purchase and install the street and traffic control signs. The amount required is set forth on the Financial Summary, Exhibit A 27. 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 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 conform to adopted City Code. The amount required for street light construction is set forth on the Financial Summary, Exhibit A. 28. 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 storm 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. 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). The required escrow is set forth on the Financial Summary, Exhibit A. 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. 29. Security. To ensure compliance with the terms of this Agreement, and construction of all public improvements, the Developer shall furnish the City with a cash escrow or Irrevocable Standby Letter of Credit with automatic renewal provisions in the amount as set forth on the Financial Summary, Exhibit A. 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 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 ending July 1, 2019 and shall contain an automatic renewal provision. The City may draw down the security for any violation of the terms of this Agreement, or upon receiving notice of the pending expiration of the security. 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. If the required improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw down the security. If the security is drawn down the proceeds shall be used to cure any default. 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 the amount of warranty security as set forth on the Financial Summary, Exhibit A.. A warranty security shall be posted with the City as set 8 forth in paragraph 33 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 built" 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 Irrevocable Standby Letter of Credit with automatic renewal provisions conforming to the requirements of this Paragraph or cash in the amount as set forth on the Financial Summary, Exhibit A. 30. Landscaping. The Developer shall install trees upon each lot within the Plat of a species approved by the Zoning Administrator in accordance with the landscape plan approved with the preliminary plat.. 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 lot 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, 9 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 buffer yard landscaping along City collector and arterial streets as well as designated other plantings. Security shall be posted in order to insure compliance with the approved Landscaping Plan. 31. Significant Trees. There are no significant trees within the Phase. The Developer is not required to replace any significant trees. 32. Meters. Meters shall be provided as per City policy. 33. 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 $185,970.00. 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. 34. 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. 10 35. 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: Outlot B shall be conveyed to the City. 36. Responsibility for Costs. 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 negligence of City, 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 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, the City may, after notice and a reasonable period of time to cure said default, halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developers may or may not have sold, until all bills are paid in full. Claims not paid within thirty (30) days shall accrue interest at the rate of twelve percent (12%) per year. 37. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, 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, provided the Developer is first given notice of the work in default, not less than seven (7) days in advance and a reasonable period of time to cure said default. This notice provision does not apply if the work performed by the City or its contractors is of an II 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. 38. Miscellaneous. 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. Breach of any of the terms of this Agreement by the Developer 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 City, 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 12 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 property 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 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 permits. I. 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 Developers, 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. 13 39. 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: Attention: , . 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 90th Street NE, Otsego, MN 55330, Attention: City Clerk 14 CITY OF OTSEGO M Jessica Stockamp, Mayor Tami Loff, City Clerk DEVELOPER D.R. HORTON, IBIS STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) INC. - MINNESOTA The foregoing instrument was acknowledged before me this day of 2018, 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 2018 by the of D.R. Horton, Inc.- Minnesota, a Delaware corporation with authority and on behalf of the corporation. DRAFTED BY: MACARTHUR LAW OFFICE, LLC 3 601 Thurston Avenue North Suite 103 Anoka, MN 55303 (763) 231-5850 16 Notary Public EXHIBIT A FINANCIAL SUMMARY (ATTACHED) 17 ASHWOOD EXHIBIT Summary of Financial Responsibility Developer's Agreement City of Otsego D.R. Horton, Inc - Minnesota I. Security - Letter of Credit A. Site Grading, Erosion & Sediment Control and Wetland Protection B. Sanitary Sewer - Lateral & Trunk C. Watermain - Lateral & Trunk D. Storm Sewer - Lateral E. Streets F. Engineering & Surveying Construction Services (6.5%) G. Landscaping Subtotal Total Irrevocable Letter of Credit for Security (125% of Subtotal) Escrow - Cash A. Legal Service - 1.0% of $1,305,055.00 B. City Administrative - 1.0% of $1,305,055.00 C. City Construction Administration and Utility & Street Inspection 8% of $1,305,055.00 D. Trunk Water & Sewer Access Fees 1. Trunk Sewer SAC 27 REC X $2,480 /REC 2. Trunk Water WAC 27 REC X $1,731 /REC E. Park & Trail Dedication Fee 2-71 Units X $4,057 /Unit F. Street & Traffic Control Signs 28 Signs X $250 /Sign G. Street Li hts 51 Lights X $500/light H. GIS Data Entry Fee 14.67 Ac X $100 /Acre I. Wetland Delineation Review 1 Review X $2,000 /Review Total Escrow Cash Shared Docs/Municipal/aotsego/2289/OT2341 FinSum.xlsx Sheet: Financial Summary - $20,593 Credit Separate Grading Agreement $255,040.00 $142,040.00 $419,550.00 $488,425.00 $88,340.00 $54,000.00 $1,447,395.00 $1,809,243.75 $13,051.00 $13,051.00 $104,404.00 $66,960.00 $46,737.00 $88,945.67 $7,000.00 $2,500.00 $1,467.00 $2,000.00 $346,115.67 PAGE 1 OF 2 9/5/2018 ASHWOOD EXHIBIT Summary of Financial Responsibility Developer's Agreement City of Otsego D.R. Horton, Inc - Minnesota III. Development Credits A. Trunk Sanitary Sewer $0.00 B. Trunk Watermain $0.00 C. Trunk Storm Water Management $0.00 D. Park & Trail 18.8% Credit $20,593.33 E. Transportation Infastructure $0.00 Total Development Credits $20,593.33 IV. Development Warranty Letter of Credit A. Sanitary Sewer $255,040.00 x 15 % $38,256.00 B. Watermain $142,040.00 x 15 % $21,306.00 C. Storm Sewer $419,550.00 x 15 % $62,932.50 D. Streets 2,269 LF x $25/LF $56,725.00 E. Erosion & Sedimentation Control 27 Lot x $250/1-ot $6,750.00 Total Warranty Letter of Credit $185,970.00 Shared Docs/MunicipaVaotsego/2289/OT2341 FinSum.xlsx PAGE 2 OF 2 Sheet: Financial Summary 9/5/2018