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
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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
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A SHWOOD
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Professional Services, Inc.
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INSET A
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ASHWOOD
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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:
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----- ----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
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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.
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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.
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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