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ITEM 5.2 Magnolia LandingQ OtsTY F�\^�- o MINNESOTA < 7 DEPARTMENT INFORMATION Request for City Council Action I Plannine I Citv Planner Licht 1 22 October 2018 1 City Planner Licht City Administrator/Finance Director Flaherty 5.2 — Magnolia Landing City Engineer Wagner City Attorney MacArthur STRATEGIC VISION Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. 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. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS City staff recommends approval of a final plat and execution of a development agreement. Yes I No D.R. Horton has submitted application for final plat approval of the first phase of the Magnolia Landing subdivision consisting of 27 single family lots, located adjacent to 60th Street (CR 137) east of MacIver Avenue The City Council approved the preliminary plat for Magnolia Landing 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 that are to be accessed by public streets in a configuration consistent with the preliminary plat. Outlot B is to provide for an HOA owned/maintained play area. Outlot A is provided for the future phases of development. ■ Streets. The final plat includes construction of local streets designed with a 60 foot right-of-way and 28 foot street section with concrete curb and gutter. A five foot wide concrete sidewalk will be constructed along one side of each public street as required by the Subdivision Ordinance and Engineering Manual. A temporary cul-de-sac is required at both the north and south termini of Martin Avenue; signs identifying future extension of these streets will be required. The development agreement provides that the developer pay for the fabrication and installation of all street signs. Street Lighting. Section 8-8-4.A of the City Code requires installation of street lighting for new subdivisions at the corners of intersecting streets and midblock locations for blocks longer than 900 feet. Locations for street light installation are to be subject to review and approval of the City Engineer as part of the construction plans. 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 60th Street (CR 137) Street as required by Section 10-19-13.3 of the Zoning Ordinance. The development agreement includes a security for the installation and warranty for these plantings. ■ Outlots. The final plat includes two outlots as outlined below. Outlot A is to be separated into two outlots. One outlot will encompass the wetland, wetland buffer required by Section 11-16-5.F of the Zoning Ordinance, and stormwater basins and Outlot C will encompass the balance of the subject site to be final platted in future phases. Outlot Function A Future phases/stormwater basin B HOA open space. Park and Trail Dedication. No land is to be dedicated to the City for park purposes as part of the preliminary plat. The dedication requirements for the preliminary plat established by Section 10-8- 15 of the Subdivision Ordinance are to be satisfied by 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 establishment of stormwater basins within Outlot A. The final plat must be revised to separate Outlot A into two parcels; Outlot A will include the stormwater basins consistent with the preliminary plat layout and be deeded to the City for permanent ownership and maintenance. Outlot C will be established for final platting of future phases. The developer is required to pay a Stormwater Impact Charge for Otsego Creek with the development contract. Lot Area Lot Width Lot Depth Setbacks Front Side Rear CR 137 Wetland Interior 9,OOOsf. (net) 60ft. 100ft. 25ft. house 30ft. garage 7ft. 20ft. 65ft. 40ft. Corner 80ft. 25ft. ■ 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 60th Street (CR 137) Street as required by Section 10-19-13.3 of the Zoning Ordinance. The development agreement includes a security for the installation and warranty for these plantings. ■ Outlots. The final plat includes two outlots as outlined below. Outlot A is to be separated into two outlots. One outlot will encompass the wetland, wetland buffer required by Section 11-16-5.F of the Zoning Ordinance, and stormwater basins and Outlot C will encompass the balance of the subject site to be final platted in future phases. Outlot Function A Future phases/stormwater basin B HOA open space. Park and Trail Dedication. No land is to be dedicated to the City for park purposes as part of the preliminary plat. The dedication requirements for the preliminary plat established by Section 10-8- 15 of the Subdivision Ordinance are to be satisfied by 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 establishment of stormwater basins within Outlot A. The final plat must be revised to separate Outlot A into two parcels; Outlot A will include the stormwater basins consistent with the preliminary plat layout and be deeded to the City for permanent ownership and maintenance. Outlot C will be established for final platting of future phases. The developer is required to pay a Stormwater Impact Charge for Otsego Creek with the development contract. Utilities. The developer has submitted utility plans for the proposed final plat that are subject to review and approval by the City Engineer. Approval of final plat will include initiation of public improvement project to construct a sewer lift station within Outlot A and remove the temporary lift station on Lot 9, Block 5 Otsego Preserves 2nd Addition. Water will be stubbed to Outlot B (likely for irrigation) but there is no sewer connection. 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. The sewer lift station will be funded by the sewer availability and connection charges paid from Magnolia Landing (all phases). ■ 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. ■ Site Location Map ■ Engineering Review dated October 17, 2018 ■ Findings of Fact and Decision ■ Resolution 2018-69 Approving a Development Agreement ■ Development Agreement ■ Final Plat (3 sheets) POSSIBLE MOTION ti P,LERSE,WORD„MfJT�ON AS;YOU,WQU,LD i:IKE 1T TC?=APPEIAR'IN THE 11lIIN17TES:” � ._ Motion to approve the Magnolia Landing final plat subject to the conditions as outlined in the Findings of Fact and Decision as presented and adopt Resolution 2018-69 approving a Development Agreement. BUDGET INFORMATION F1�NE NQ1 y N/A rri V. w -101 W w Y tui C�rT NE Q 118500311300 Q Q g co w Z w > z z x w w w 101500364303 Cha � g �y11'550031�2�{� Q 118500313400 '_"' s?Np, 118800361400 aLUUJ o } NF w r= � j 60TH ST NE 37 z 13 w � z 9 59TH PL NE � � 101 R w 59TH CIR,NE � 2�2� 114800061300 � i 101800062400 1 55TH ST NE 9��� 101022002060 _ 9q 1148000642 ■. l9 Q� � Review No. 2 � Hakanson ■■ Anderson ENGINEERING REVIEW Residential Subdivision for the City of Otsego by Hakanson Anderson Submitted to: Honorable Mayor and City Council cc: Adam Flaherty, City Administrator/Finance Director Developer: D.R. Horton, Inc. 20860 Kenbridge Court, Suite 100 Lakeville, MN 55044 Owners of Record: D.R. Horton, Inc. Purpose: Magnolia Landing is a proposed 27 single-family low density residential lot development on approximately 42+ 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 Tami Loff, City Clerk Dan Licht, City Planner Andy MacArthur, City Attorney Mike Suel, D.R. Horton, Inc. John Bender, Westwood Professional Services, Inc. Reviewed by: Ronald J. Wagner, P.E. Brent M. Larson, P.E. Cody Sylvester, E.I.T. Date: October 17, 2018 Proposed Development: Magnolia Landing Street Location A portion of the S '/2 of the SW '/4 Section 31, T121, Range 23 Of Property: all East of Marlowe Avenue NE and South of 63`d 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: Magnolia Landing is a proposed 27 single-family low density residential lot development on approximately 42+ 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 Iffiffffs-swowl SANITARY SEWER AND WATERMAIN PLAN STREET AND STORM SEWER PLANS TURN LANE CONSTRUCTION PLANS DETAILS ICTSEVII-Ort][Ow., EROSION CONTROL PLANS STREET PROFILES DETAILS STORM SEWER DESIGN/HYDROLOGY WETLANDS OTHER CONSIDERATIONS Q.111] uu_11 : INFORMATION AVAILABLE Construction Plans for Magnolia Landing, dated 8/31/18, by Westwood Professional Services, Inc. Grading Plans for Magnolia Landing, dated 8/21/18, by Westwood Professional Services, Inc. Final Plat for Magnolia Landing, dated 8/31/18, by Westwood Professional Services, Inc. Geotechnical Soil Borings for Magnolia Landing, dated 6/18/18, by Braun Intertec Corporation Stormwater Management for Magnolia Landing, dated 8/31/18, by Westwood Professional Services, Inc. Storm Sewer Design for Magnolia Landing, dated 8/31/18, by Westwood Professional Services, Inc. Geotechnical Report for Magnolia Landing, dated 6/18/18, by Braun Intertec Preliminary Plat Submittal for Magnolia Landing, dated 6/19/18, 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 SAMunicipalWotsego23xx\2342 Magnolia Landing\OT2342 RVW2.docx FINAL PLAT Lot and Block numbers shall be the same between the Final Plat and the Construction and Grading Plans. 2. Temporary easements will be required to cover all temporary cul-de-sacs. 3. Instead of platting easement over the watermain and sanitary sewer in the future streets we recommend that these easements be temporary easement set to expire when the future roads are platted or permanent easements that the City can hold and file if the next phase doesn't move forward. This will avoid the need to vacate these easements when the next phases come to final plat. 4. Outlot A shall be divided into Outlot A and Outlot C. Outlot A shall cover the eastern portion of the site (wetlands, storm ponds and utilities including future Lift Station). Outlot C should be for future addition areas. 5. Cross drainage in the rear yards of Lot 3, Block 1 and Lot 1, Block 2 shall be covered with drainage easement or the swales moved to within the easement. (also future Lot 2, Block 2). CONSTRUCTION PLANS Cover Sheet (Sheet 1) 6. Revised preliminary plans have not been were received. The final plans are sufficient to address most of the outstanding comments with the exception of the existing conditions. A revised preliminary plat submittal is needed or an existing conditions sheet similar to the one submitted on 6/19/18, which lists the existing zoning classifications for land abutting the subdivision, can be included in the final plans. Overall Plan (Sheet 2) 7. Lot and Block numbers do not agree between the Final Plat and the Construction and Grading Plans. 8. An existing watermain stub was placed to the east property line of Zimmer Farms 6th Addition at the Cr. Rd 137 right-of-way for looping purposes to a future development. An 8" watermain shall be stubbed to the west property line along the Cr. Rd 137 right-of-way so this connection can be made in the future. Sanitary Sewer and Watermain Construction (Sheets 3-7) 9. Water service to Outlot B shall be done with 8"x4" tee and 4" DIP with 4" gate valve. 10. Watermain to be installed where street section will not be placed (62"d Street and north portion of Martin Avenue) may temporarily need additional material placed over it so that PAGE 4 S:\MunicipalWotsego23xx\2342 Magnolia Landing\OT2342 RVW2.docx there is a minimum of 7.5' of cover to top of pipe until the full street section is placed. 11. Installation of the hydrants along future 62nd Street and future Martin Avenue will be required at this time. For future connections, gate vales with minimum 20' stubs are required at the cross at the intersection of 62nd Street and Marshall Avenue and the tee at the intersection of 62nd Street and Martin Avenue. 12. We recommend installing sanitary risers to future Lot 3 and Lot 4, Block 2 at this time. 13. The irrigation service to Outlot B shall be a, 8"x4" tee with 4" gate valve and 4" DIP pipe (currently called out as 4" copper with curb stop). 14. Sheet 6, the sanitary sewer along future Lot 12, Block 2 should be moved 10' further east. The pipe will be approx. 16' deep and additional room is needed from the property line. 15. The proposed sanitary sewer and forcemain being stubbed to the future lift station appear to be sized correctly and elevations are appropriate for the future lift station. More exact elevations will be determined as the future lift station is designed. The following are a few items that may need to be addressed; a. The forcemain will need a continuous grade to a low point under the trench approx. mid -way. A cleanout manhole will be needed here. b. The removal of the existing temporary lift station is necessary c. An air release manhole may be needed at the connection to the existing forcemain stub. Street and Storm Sewer Construction (Sheets 8-11) 16. Include pond NWL, 2 -yr, 10 -yr and 100 -yr HWL and wetland NWL and HWL elevations on storm sewer sheets. 17. The cul-de-sac in Marx Court shall have a 50' radius (back of curb) on sheet 8. 18. Label profile for Marx Court NE on sheet 8. 19. Flared end sections less than 24" in diameter do not need trash guards. 20. The FES 50 invert is too low. It shall be submerged a maximum of %2 the pipe diameter (939.75). Also, the NWL shall not sit in the pipe past the first structure in the road. 21. For OCS structures, please include a note in the profile referencing to sheet 18 table for structure details. Intersection Construction Plan (Sheet 12) 22. 6" curb is required around all intersection radii as well as at catch basins. Some of the PAGE 5 SAMunicipal\Aotsego23xx\2342 Magnolia Landing\OT2342 RVW2.docx elevations do not reflect this. 23. Landings shall be shown with max. 2% in any direction prior to the steep approaches. Turn Lane Construction Plan (Sheets 13-14) 24. A traffic control plan for the construction of the turn lane shall be included. Also, please include a label on each sheet for the road (60th Street/C.S.A.H. 137). 25. Sheet 14 numbering appears to be mislabeled 13 Details (Sheets 15-18) 26. Please label the shouldering material to be used on the turn lane detail on sheet 18. GRADING PLANS Cover Sheet (Sheet 1) 27. No comments. Grading and Erosion Control Plan (Sheets 2-5) 28. Include pond NWL, 2 -yr, 10 -yr and 100 -yr HWL elevations for all ponds. 29. Provide a clear "1St Addition" limits. 30. Verify the existing bottom elevation of the existing ditch where the outlet for the wetland will be located. The plans indicate that the outlet will be placed at 939.3. The intention of this outlet is to match the existing ditch bottom so the wetland is not affected. 31. A number of high points are labeled as EOF's. Please revise these EOF labels to HP or High Point instead where there is another higher point downstream that actually controls. (See attached redline) 32. The need for ponds 4 and 5 need clarification. No storm water is being directed to either pond. 33. Some wetland buffers are labeled 10' wide. Verify that there are other areas that provide additional buffer area to provide the 20' average required. 34. The rear low opening for Lot 8, Block 5 shall be at or above 952.5 to provide 1.5' of freeboard. 35. Assuming all site grading will take place in one phase, some sort outlets shall be installed for Ponds 1, 4, and 5. PAGE 6 SAMunicipalWotsego23xx\2342 Magnolia Landing\OT2342 RVW2.docx 36. Provide an elevation label at the front/rear setback lines on the lot lines between Lots 6-7, Block 2 (final plat #s) and Lots 4-5, Block 3 (grading plan #s). These elevations shall provide fall away from the lower house. Street Profiles (Sheet 6) 37. No comments. Details (Sheet 7) 38. No comments. SURFACE WATER MANAGEMENT 39. No comments. WETLANDS 40. No comments. OTHER CONSIDERATIONS 41. A statement certifying the environmental condition of the site including the presence of any hazardous substance as defined in Minnesota Statutes 115B.02, Subd 8 is required. 42. A separate development plan and tabulation shall be provided with Lot, Block, Garage Floor Elevation, Lowest Floor Elevation, and Lowest Opening Elevation for each lot. SUMMARY AND/OR RECOMMENDATION We recommend approval contingent upon the above items being addressed. PAGE 7 S:\Municipal\Aotsego23xx\2342 Magnolia Landing\OT2342 RVW2.docx A ry OtkgoF MINNESOTA V APPLICANT: D.R. Horton, Inc. 16 Oct 18 FINDINGS & DECISION FINAL PLAT APPLICATION: Request for approval of a final plat to be known as Magnolia Landing. CITY COUNCIL MEETING: 22 October 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 West Sewer District and is guided for Medium -to -High 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 was approved by the City Council on 23 July 2018. E. The proposed final plat consists of 27 single family lots, two outlots, and public rights-of-way. F. The Request for Council action for the 22 October 2018 City Council meeting prepared by the City Planner, The Planning Company LLC., is incorporated herein. G. The Engineering Review dated October 17, 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 2 3 Approval of the final plat shall be contingent upon City Council awarding a contract for a public improvement project to construct the sewer lift station necessary to serve the final plat. The developer shall execute a development agreement as drafted by the City Attorney and subject to approval of the City Council. Lots within the final plat shall be subject to the following requirements: 1 Lot Area Lot Width Lot Depth Setbacks Front Side Rear CR 137 Wetland Interior 9,000sf. (net) 60ft. 100ft. 25ft. house 30ft. garage 7ft. 20ft. 65ft. 40ft. Corner 80ft. 25ft. 1 4. Plans for street construction shall subject to review and approval of the City Engineer and shall include installation and operation of street lights required by Section 8-8-4 of the City Code and fabrication and installation of street signs. 5. Park and trail dedication requirements shall be satisfied by payment of a cash fee in lieu of land in accordance with the City's fee schedule as provided for by the Development Agreement. 6. The final plat shall be revised to separate Outlot A into two outlots; one outlot shall include the wetlands, wetland buffers, and stormwater basins consistent with the preliminary plat and shall be deeded to the City for stormwater management purposes with the second outlot encompassing the remainder of the property to be final platted in future phases. 7. All grading, drainage, wetland, and erosion control issues are subject to review and approval of the City Engineer; the developer shall pay stormwater area charges for Otsego Creek at the time of final plat approval in accordance with the fee schedule then in effect. 8. All utility plans are subject to review and approval of the City Engineer; the developer shall pay utility availability charges at the time of final plat approval in accordance with the fee schedule then in effect. 9. All easements are subject to review and approval of the City Engineer. SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 22nd day of October, 2018. CITY OF OTSEGO By: Jessica L. Stockamp, Mayor Attest: Tami Loff, City Clerk CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2018-69 RESOLUTION APPROVING DEVELOPERS AGREEMENT- MAGNOLIA LANDING WHEREAS, D.R. Horton, Inc.- Minnesota has an approved Plat known as MAGNOLIA LANDING; 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 by the Otsego City Council this 22nd day of October, 2018. ATTEST: CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk MOTION made by Council Member and SECONDED by Council Member IN FAVOR: OPPOSED: 2 DEVELOPMENT AGREEMENT MAGNOLIA LANDING AGREEMENT entered into this day of November, 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 MAGNOLIA LANDING. The legal description of the property covered by this Agreement is as follows: See Exhibit A. 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, I 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. MAGNOLIA LANDING 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 MAGNOLIA LANDING 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, MAGNOLIA LANDING 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 MAGNOLIA LANDING, as prepared by Westwood Professional Services, Inc. and as finally approved by the City Engineer. Plan D Landscape Plan for MAGNOLIA LANDING, prepared by Westwood Professional Services, Inc., and as finally approved by the City Zoning Administrator. 0 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 .DXF file, all prepared in accordance with City standards. Before the security for the completion of utilities is fully released, iron monuments shall be installed in accordance with Minnesota Statutes 505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments are installed following site grading, utility and street construction. 8. Contractors/Subcontractors. City Council members, City employees, and City Planning Commission members, and corporations, partnerships and other entities in which such individuals have greater than a twenty five percent (25%) ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 7 above. 9. Permits. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include, but are not limited to: A. Wright County for County Road access and work in County right of way. B. MNDOT for State Highway Access C. MNDOT for work in right of way D. Minnesota Department of Health for watermains 3 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 15ffi 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 pennits, 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 4 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 by the City will constitute no acceptance or evidence of acceptance of the street(s) in question. I 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 seventy-five percent (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 seventy-five percent (75%) build out of the Plat. 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 B. 20. Sewer Availability Charges. The Sewer Availability Charges for this Plat are as set forth in the Financial Summary, Exhibit B. 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 B. The Water Availability Charge includes one additional unit for water service to Outlot B. 23. Water Connection Fees. Water connection fees are paid at the time of issuance of a building pen -nit. The applicable amount due per unit shall be the fee per REC unit in place at the time of application for a building permit. One unit connection fee for Outlot B is to be paid with this Agreement. 24. Park and Trail Dedication. The Park and Trail Dedication for the Plat is to be satisfied by cash in lieu of land. The park dedication cash fee in lieu of land for the Plat is set forth on the Financial Summary, Exhibit B. I 25. Storm Water Management Fee. The Storm Water Management Fee for the Plat is set forth on the Financial Summary, Exhibit B. 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 B 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 B. 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 B. 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 B. 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 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 8 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 tunes. 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 B. 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. 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, 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. 9 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. 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: A. Outlot B shall be conveyed to the established Homeowner's Association. B. Outlot A shall be separated into Outlot A and Outlot C. Ice C. Outlot C shall be retained by Developer and used for future development. D. Outlot A shall be conveyed to the City for drainage, stone water and utility purposes. E. City shall construct as a City project a new lift station on Outlot A to replace the existing temporary lift station on Lot 11, Block 5 of Otsego Preserve 2nd Addition. The new lift station will provide sanitary sewer service to Magnolia Landing. The lift station will be a City project, subject to City Council approval. No building permits shall be issued within Magnolia Landing until such time as the lift station project is substantially complete, or until the City Engineer certifies in writing that building permits can be issued. 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. 11 37. Developer's Default. In the event of default by the Developer as to any of the work to be perfonned 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 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 detennines 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 12 to promptly take legal action to enforce this Agreement shall not be a waiver or release. G. This Agreement shall run with the land, shall be recorded against the title to the property and all properties therein established by the Plat, and shall be binding on all parties having any right, title or interests in this phase of the plat or any part thereof, their heirs, successors, and assigns. After the Developer has completed the work required of them under this Agreement as set forth in Section 8, at the Developer's request, the City will execute and deliver to the Developers a release or partial release (s) of this Agreement. H. The Developer shall take out and maintain until one (1) year after the City has accepted the public improvements, public liability and 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 13 to either the site drainage tiles or problems with on-site drainage facilities to be constructed in accordance with this agreement and plat approval. 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 90ffi Street NE, Otsego, MN 55330, Attention: City Clerk 14 re Y KrArel arel MD[K�7 M Jessica Stockamp, Mayor Tami Loff, City Clerk DEVELOPER D.R.1 • :' STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) 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 3601 Thurston Avenue North Suite 103 Anoka, MN 55303 (763) 231-5850 16 Notary Public I O111.��I17_\ The Southwest Quarter of the Southwest Quarter and the Southeast Quarter of the Southwest Quarter of Section 31, Township 121N, Range 23W, except the West 1070.0 feet of the Southwest Quarter of the Southwest Quarter of Section 31, Township 121, Range 23, Wright County, Minnesota as measured at right angles to the West line thereof. Subject to County Road No. 37. Less and except those parts of the Southwest Quarter of the Southwest Quarter and the Southeast Quarter of the Southwest Quarter of Section 31, Township 121, Range 23, Wright County, Minnesota described as follows: Beginning at the southeast corner of the West 1070.0 feet of said Southwest Quarter of the Southwest Quarter; thence on an assumed bearing of North 0 degrees 00 minutes 10 seconds East along the east line of said West 1070.0 feet of the Southwest Quarter of the Southwest Quarter, a distance of 681.50 feet; thence South 88 degrees 36 minutes 15 seconds East, a distance of 340.22 feet; thence South 0 degrees 31 minutes 41 seconds West, a distance of 675.48 feet to the south line of said Southwest Quarter; thence North 89 degrees 36 minutes 55 seconds West along said south line, a distance of 333.93 feet to the point of beginning. 17 EXHIBIT B FINANCIAL SUMMARY 18 MAGNOLIA LANDING EXHIBIT B Summary of Financial Responsibility Developer's Agreement City of Otsego D.R. Horton, Inc - Minnesota 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 $1,185,660.00 B. City Administrative - 1.0% of $1,185,660.00 C. City Construction Administration and Utility & Street Inspection 8% of $1,185,660.00 D. Trunk Water & Sewer Access Fees E F. G H 1. Trunk Sewer SAC 27 REC X $2,480 /REC 2. Trunk Water WAC 28 REC X $1,731 /REC 3. Trunk Water(WCC) r 1 REC X $1,731 /REC Trunk Storm Water Management Im act Fee 36.11 Net Ac X $3,427 /Net Acre Park & Trail Dedication Fee 27 Units X $4,057 /Unit Street & Traffic Control Signs 37 Signs X $250 /Sign Street Lights _ LA Lights X $500/light GIS Data Entry Fee F 42.4 1 Ac X $100 /Acre Wetland Delineation Review 1 Review X $2,000 /Review Total Escrow Cash $108,300.00_ $383,840.00 $183,710.00 $218,590.00 $399,520.00 $80,580.00 $54,000.00 $1,428,540.00 $1,785,675.00 $11,857.00 $11,857.00 $94,853.00 $66,960.00 $48,468.00 $1,731.00 $123,714.70 $109,539.00 $9,250.00 $2,000.00 $4,240.00 $2,000.00 $486,469.70 PAGE 1 OF 2 10/17/2018 MAGNOLIA LANDING EXHIBIT B 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 $0.00 E. Transportation Infastructure $0.00 Total Development Credits $0.00 IV. Development Warranty Letter of Credit A. Sanitary Sewer $383,840.00 x 15 % $57,576.00 B. Watermain $183,710.00 x15% $27,556.50 C. Storm Sewer $218,590.00 x 15 % $32,788.50 D. Streets 1,550 LF x $25/LF $38,750.00 E. Erosion & Sedimentation Control 27 Lot x $250/1-ot $6,750.00 Total Warranty Letter of Credit $163,421.00 PAGE 2OF2 10/17/2018 KNOW ALL PERSONS BY THESE PRESENTS: That D.R. Horton, Inc.—Minnesota, a Delaware corporation, fee owner of the following described property situated in the County of Wright, State of Minnesota, to wit: The Southwest Quarter of the Southwest Quarter and the Southeast Quarter of the Southwest Quarter of Section 31, Township 121N, Range 23W, except the West 1070.0 feet of the Southwest Quarter of the Southwest Quarter of Section 31,Township 121, Range 23, Wright County, Minnesota as measured at right angles to the West line thereof. Subject to County Road No. 37. Less and except those parts of the Southwest Quarter of the Southwest Quarter and the Southeast Quarter of the Southwest Quarter of Section 31, Township 121, Range 23, Wright County, Minnesota described as follows. Beginning at the southeast corner of the West 1070.00 feet of said Southwest Quarter of the Southwest Quarter, thence on an assumed bearing of North 0 degrees 00 minutes 10 seconds East along the east line of said West 1070.00 feet of the Southwest Quarter of the Southwest Quarter, a distance of 681.50 feet; thence South 88 degrees 36 minutes 15 seconds East, a distance of 340.22 feet, thence South 0 degrees 31 minutes 41 seconds West, a distance of 675.48 feet to the south line of said Southwest Quarter thence North 89 degrees 36 minutes 55 seconds West along said south line, a distance of 333.93 feet to the point of beginning. Hos caused the same to be surveyed and platted as MAGNOIJA LANDING and does hereby dedicate to the public for public use the public ways and the drainage and utility easements as created by this plot. 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 . (Name printed) D.R. HORTON, INC.—MINNESOTA (Signature) Its (Title) STATE OF COUNTY OF This 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. Notary Public, My Commission Expires SURVEYORS DERRFICA TE (S(gnnture) (Nome Printed) County, 1, Craig W. Morse, do hereby certify that this plat was prepared by me or under my direct supervision; that I 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 all water boundaries and wet /ands, as defined in Minnesota Statutes, Section 50501, 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. Dated this day of Craig W. Morse, Licensed Land Minnesota License No. 23021 20 STATE OF COUNTY OF The foregoing Surveyor's Certificate was acknowledged before me this day of 20_ , by Craig W. Morse, Land Surveyor, Minnesota License No. 23021. (Signature) Notary Public, My Commission Expires (Name Printed) County, CITY COUNCIL CITY OF OTSEGO, MINNESOTA This plat of MAGNOLIA LANDING was approved and accepted by the City Council of the City of Otsego, Minnesota, at a regular meeting thereof held this day of 20 and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. City Administrator WRIGHT COUNTY SURVEYOR I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of , 20 Wright County Surveyor WRIGHT COUNTY AUDITOR/TREASURER 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 By Wright County Auditor/Treasurer Deputy WRIGHT COUNTY RECORDER I hereby certify that this instrument was filed in the office of the County Recorder for record on this day of 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 5 sheets MA GNOL/A LAND/NG -1 Ll G�\rn �n .i ', `C? VI I'Kl�\ l r\l \IVi.�\,� , r ,.. ( ,� „ \\ ,v LJI 60 N89°4547"E 1579.64 237.1 a � � \ Found Copped Pi 9/ Faund Iron \ -Found 3/8' Rebar `�Faund Cepp, Pi `Found Copped Pipe; un r pe, °. ; PPe Pe:- eadable , / LS un -readable I un-reodob/e north line of the SE 114-' ----- L- 707000 - north line of the SW 7/4-' of the SW 1/4 of Sec. 31 \ , of the SW 1/4 0( Sec. 3I "_Oralnoge t& Utility =23°56'54" h «Found Ir -Pipe EasemenR=50.00 .� IS ,#23021 _-Dret-g, & utility E e --t 20.90 ,?=•^ o p -----------------------'`\ 56.41 T --_.--T- T I h N30°5337"W 7°13'34'E 378.36 8N88 --- 2 'C -'-- 0.00 _ 132.58 r 86.70 I r d=l1°58'77" 1 02"E 18787 - R=1900.00 y o \222.93 I w --R=600.00- R-50000 N84°32' 1 4.76' I 4=1i°24'35 o NOS°56"37"E� ' 0 \ r r 4-B°76.46,•• 706.48-",-,--70447-- _ ------------7- 11.2 0.00 r - r 73.11 :N05°27'58"W L - T ._83°29'40"W IO o __ 18.47 -. _.--- w� ' - 11.23 Piss pa 1� >o /p ry Found COFPed Pipe,*-" \ \ \ --- 3J.a i�'I 30 30 \ ae o�`s6o �op'•�56\ �'�I \ •� � Edg R=5.00 e f Weil oand \ \ \ \ \ 8.24 7.56 3 \ ^ \ _�o I, utility Eas`amenr \" o O U T L O T A Z N51- el A. I \ \ / °y° / / 151"W 217.25 A �i i oM \\ u h°s° o�y/ I L it OUTLOT /A � nI n' / �r oy yp \ \,/ `„/,\/\ \•qSS� ry°j ryry/ �-Ed of \� Al1 \ - \ \per / ��' +-Easement far Eleciric all. ✓ P� / - - \V/ Wetland Transmission Lines per Bk. 11 of oh "I" Pg i & per Assignment & Assumption Easements per j ry0 2 ooh j N 7° \ / it Document No.e. 732312 o� \ 1 5� `C -%.-d WOPPed Pipe; \\\ / l� C , ''L - Drainage & Utility o 3B9°2244"E 340.22 " \ - LSu,#11Iron 5233 PIPe 1 �ry `\ i \ / __ - --- Easement r \ m 1 (S88°36'15'E DEED) S 0 A 1 c�ysl r\ ' \ I� - 2 <> = 6 7 0 / \ 1 7 6 1 0 o .J i h 6 i\ \ 10 N \ ----- - i 7 11 i \ i 27'00,' \ 1 \/ -=1 r� J J ry ------- 1070.00____________-I CN='0620004"�I 589 °36 CB=N>°5637"W " --- / '`Edge of Wetland SE Cor of the West \�`. I'lo.oa a of the Sw f/4 .\ I S00 23'25E I! `. _________ W 2J2.87 --' of the Set 1/4 of Sec. 31 \,\ .-soafh fine of the SW 1/4 / 14.97 3=_c_ _!-! ______.-- 35" - - - - - -\ -{ of the SW 1/4 of Sec. 31 Fo nd Iron Pipe - -60.00-��' u �_ >L. 589°3635"W SB1.24 S89°3635"W 589.47 ._._� LS ,#24992 �, ' ouch line f the SE 7/4 N89°3635"E of the SW 1/4 of See. 3/ v n NO. 37J -1,89°3635'E 333.93 60TH STREET NE (C.S.A.H. _l r„cc, NE ,..,;.H. 11111%,01. S89°36'35'W 1230.54 r• .N .-: i J Cor of the 1,W ge. 0 Sec. 31, Twp. 121, Rge. 23 Found Y/right County Cast Iron Monument Vicinity Map Not to Sca/e 7071 ST. NE - 67 1/ 6771 ST NE a NW 1/4 Z ¢ - +� i rx i S W 7/4 I Q 1 � I SE 1/4 60TH Sr. NE SECTION 31, TOWNSHIP 121, RANGE 23 80 0 80 160 240 Scale in feet Scale: 1 Inch = 80 Feet BEARING ORIENTATION: The South line of the Southeast Quarter of the Southwest Quarter of Section 31, Township 121, Range 23, is assumed to bear S 89°36'35" W 0 Denotes 112 inch by 14 inch iron rebar set and marked by License No. 23021 • Denotes iron rebar found and marked as shown Q Denotes found Wright County Monument viii STREET - 37) Westwood Professional Services, Inc. Sheet 2 of 3 sheets MA GNOL/A LAND/NG 4hti r �° fhl"esfP�g)�6� p 9• /^ c I.�SSOe�,f eepse 3S•. f O Drainage and Utility Easements are shown thus: ry�A se5°50'25"w 37.50 BEARING ORlENTA 110N: ^ Q �\\ �� i �� I Ay �,p`s"ty Lire South line of the Southeast Quarter of the ----- � ----J L--- ------ / t h Southwest Quarter of Section 31, Township 121, 0, Ronge 23, is assumed to bear S 89°36'35" W (Not to Scale) J \` �� Being 5 feet in width, unless otherwise indicated, o 4=2°48'45" TB j a Denotes 7/2 inch en e inch iron rebor set and adjoining lot lines, and 10 feet in width and and marked by License No. 23021 adjoining right-of-way lines as shown on the plat. h0 / "� \ \ Jl / / Jpg p'D,h� • Denotes iron rebor found and marked as ✓/1\ 3 shown 1 / \\� 00 /O \g Dr°m°ge Utility found Wright County Monument & l o sio 5 Z 40 0 40 80 120 Sbio Scale in feet S80 ?447E 748.50 v1 N�vry I Scale: 1 loch = 40 Feet I � 7�j \ v 25 s 25 L - 588°35'03"E 140.24 I '7 I Drainage 25 r - - - - - - - - - - - - - --- I Utility Easement L=7.85 / h' /tory /p,. ,. % 1°' 11" "s 161 45•� '�-Droina & Utility�+ /Droinage &-' 'j Easement 4,\ l l / /y\ Utility Easement 25 L -'-/- - -- N89°45'14"E 140.00 I � y Sirs r -------------t <, 9090., / // / 25 s I 31 57.42 - - - Gps'\ / / n=2°3651" / /6� / / Utility Easement 589°45"W iR,29 ? , o \ ib o a,3g 330202 \\\ //LJi �^ R9 `�/ \\SO 2 � ♦16.421 9 \ / / O O 9 / \? I k' / \ 25 1 N89°45'14'E 140.00 ( _ � r __ �-71,g3 0_25O7j40"'2F4\"\ ' °oo'00" po / 99 / Utility D Ea--t h0 s\ 307. 6es& a2�q.Aa 4-4596 \\ p'/ k Utility Eamt —Orirtge7 < 9 '& Utility moi �•: 1I 0Emep� \\O\s o o �=45°34'23" R=40.00 \'/ o o L=31.m °\� _ _ _ _ _1' . 00 L-___----- r t 1 y0 00� ^�� \0-� Drain°ge &Utility 80.65.28 00 1\X' Easement // 5, 129.25 00 a io i `�\ oOry/ / // // L=18.47__. 1/�/` '( / .� P try' 10 1 0 cor II /h I ro - S8g°45Y4"w BD oo —�1,— of \\ �ryj // 0/ // 4=3°24'52" // // \\ 0 r / �t G� to�� / if I "i o MARTIN AVENUE NE 68.00 1` L-44.;�5�\ u0 &utAlrY Easement dl 2 12 2 1 �I iE\ of 1 3 577547w /y� \\\\ � 57a \ 11 30 JD tl 1 11 i Utility Easement 110 L � ` ' I T Drainoga & Utility v ,�o v I h Easement \ \ 1 I rnM L------J 4---1-i -- -J / \ \ Droinage &utility 108.10 12477 "-D-)nage & Utility \flS \ Easement _ \ O Easement \ \ \ \ �` I I o S89°36'35'"W 232.87 �_ __ -=3°06'13„ i --R=370.00 L=20.04 14.97_0 _ _____________ _ _ Westwood \--__---- - - ---�—_-___--_1-_---_--_ SOO°23'25"E 0 22L24 0 0 1162.71 v '� 14.97 68.00 0 13752 ° �` 30.00 i 30.00 .................60.00............... S89°36'35"W 589.47 - Professional @NICCS,Inc. °36"35"W Sheet 3 of 3 sheets