ITEM 4.1 Magnolia Landing 2nd AdditionF
Otsego
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
11 February 2019
PRESENTER(s)
REVIEWED BY:
ITEM #:
City Planner Licht
City Administrator/Finance Director Flaherty
City Engineer Wagner
City Attorney MacArthur
4.1— Magnolia Landing 2nd Add
STRATEGIC VISION
MEETS:
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.
BACKG RO UN D/J USTI FI CATION:
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.
approved by the City Council on 22 October 2018. The developer has not recorded the final plat or
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
BACKG RO UN D/J USTI FI CATION:
On 23 July 2018D.R. Horton received preliminary plat approval for Magnolia Landing located adjacent to
60th Street (CR 137) east of MacIver Avenue. The developer then submitted application for final plat
approval of the first phase of the Landing subdivision consisting of 27 single family lots, which was
approved by the City Council on 22 October 2018. The developer has not recorded the final plat or
executed the development agreement. In the interim, the developer has determined to proceed to
construct the entire development as one phase and is now submitting a final plat for the 2nd Addition to
establish the remaining 40 single family lots.
■ 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 40 single family lots that are to be
accessed by public streets in a configuration consistent with the preliminary plat. To minimize
wetland impacts, the final plats have been revised to shift one lot into the second addition. The
overall number of lots is unchanged from that which was approved with the preliminary plat.
■ 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 terminus ends of Marshal Avenue and
Martin Avenue and 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. The construction plans include turn lanes being added to CR 137 at the Marx Avenue
intersection.
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 with 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 required by Section 10-19-2.13 of the Zoning Ordinance. A
security for the installation and warranty for these plantings will be included with the development
agreement.
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 set forth
in Section 3-1-2.D of the City Code 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 10-8-12.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 developer is
required to pay a Stormwater Impact Charge for Otsego Creek as set forth in Section 3-1-2.D of the
City Code with the development agreement.
■ Outlots. The final plat includes Outlots A and B, which include stormwater basins, wetlands, and
wetland buffers as required by Section 11-16-5.F of the Zoning Ordinance. Outlots A and B are to
be deeded to the City for stormwater management purposes in accordance with Section 10-8-12.D
of the Subdivision Ordinance.
■ Utilities. The developer has submitted utility plans for the proposed final plat that are subject to
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.
■ Landscaping. The preliminary plat included approval of a landscape plan to provide for boulevard
and yard landscaping for each lot as required by Section 10-19-2.13 of the Zoning Ordinance. A
security for the installation and warranty for these plantings will be included with the development
agreement.
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 set forth
in Section 3-1-2.D of the City Code 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 10-8-12.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 developer is
required to pay a Stormwater Impact Charge for Otsego Creek as set forth in Section 3-1-2.D of the
City Code with the development agreement.
■ Outlots. The final plat includes Outlots A and B, which include stormwater basins, wetlands, and
wetland buffers as required by Section 11-16-5.F of the Zoning Ordinance. Outlots A and B are to
be deeded to the City for stormwater management purposes in accordance with Section 10-8-12.D
of the Subdivision Ordinance.
■ Utilities. The developer has submitted utility plans for the proposed final plat that are subject to
review and approval by the City Engineer. The City Council has initiated a public improvement
project to construct a sewer lift station within Outlot B and remove the temporary lift station on
Lot 9, Block 5 Otsego Preserves 2nd Addition.
The developer is required to pay utility availability charges as set forth by Section 3-1-2.D of the
City Code 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 2nd Addition final plat approval and executed
prior to recording of the initial and 2nd addition final plats.
SUPPORTING DOCUMENTS ATTACHED:
■ Site location map
■ Site Plan
■ Magnolia Landing 2nd Addition Final Plat (3 sheets)
■ Engineering Review dated February 6, 2019
■ Findings of Fact and Decision
■ Resolution 2019-09 approving a development agreement
■ Development Agreement
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to approve the Magnolia Landing 2"d Addition final plat subject to the conditions as outlined in the
Findings of Fact and Decision as presented and adopt Resolution 2019-09 approving a Development
Agreement.
BUDGET INFORMATION
FUNDING: BUDGETED:
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IA
A
Review No. 3
1"Hakanson
INAnderson
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.
John Bender, Westwood Professional Services, Inc.
Reviewed by: Ronald J. Wagner, P.E.
Brent M. Larson, P.E.
Sam Morse
Date: February 6, 2019
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 63rd 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
TITLE SHEET
SANITARY SEWER AND WATERMAIN PLAN
STREET AND STORM SEWER PLANS
TURN LANE CONSTRUCTION PLANS
DETAILS
GRADING PLANS
EROSION CONTROL PLANS
STREET PROFILES
DETAILS
STORM SEWER DESIGN/HYDROLOGY
WETLANDS
OTHER CONSIDERATIONS
SUMMARY AND/OR RECOMMENDATION
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INFORMATION AVAILABLE
Construction Plans for Magnolia Landing 1st & 2nd Addition, dated 1/15/19, by Westwood
Professional Services, Inc.
Grading Plans for Magnolia Landing Ist & 2nd Addition, dated 1/15/19, by Westwood
Professional Services, Inc.
Final Plat for Magnolia Landing, received 1/9/19, by Westwood Professional Services, Inc.
Final Plat for Magnolia Landing 2nd Addition, received 1/16/19, by Westwood Professional
Services, Inc.
Stormwater Management for Magnolia Landing, dated 8/31/18, by Westwood Professional
Services, Inc.
Storm Sewer Design for Magnolia Landing 1st & 2nd Addition, dated 1/15/19, 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
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FINAL PLAT
Minimum 10' wide easements are required along lines adjacent to Outlots or undeveloped
property. (i.e. side lot line of 1St Addition L1,B4 and 2nd Additions L5,135 & 1,12,132 &
1,10,133)
2. Written temporary easements will be required to cover all temporary cul-de-sacs.
3. 1St Addition Outlot A shall be renamed Outlot C. Outlots B and C shall become Outlots A
and B.
4. The EOF/cross drainage in the rear yards of 1St Addition Lot 3, Block 1 and in 2nd
Addition Lot 2, Block 2 shall be covered with drainage easement.
CONSTRUCTION PLANS
Cover Sheet (Sheet 1 )
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)
6. No comments.
Sanitary Sewer and Watermain Construction (Sheets 3-7)
7. We recommend installing sanitary risers to 2nd Addition Lot 3 and Lot 4, Block 2 at this
time.
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).
9. Sheet 6, the sanitary sewer along 2nd Addition 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.
10. 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. It is desired to have a continuous grade on the forcemain from the existing stub to
the north to the new lift station in the south.
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SAMunicipal\Aotsego23xA2342 Magnolia Landing\OT2342 RVW2.docx
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.
d. Review whether extra depth of gravity sewer or separate line along the east
property line is more economical/efficient.
Street and Storm Sewer Construction (Sheets 8-11)
11. Include pond NWL, 2 -yr, 10 -yr and 100 -yr HWL and wetland NWL and HWL elevations
on storm sewer sheets showing ponds.
12. The cul-de-sac in Marx Court shall have a 50' radius (back of curb) per Otsego Standard
Plate 108.
13. Label Marx Court NE in the profile on sheet 8.
14. Please stubbing drain tile from CB 65, 66 and STMH 65A to the west to pick up future lots
to the west.
15. Flared end sections less than 24" in diameter do not need trash guards.
16. Sheet 9A, removal of the existing cul-de-sac will require turf restoration of the area as well
as adjustments of any water valves and curb stops. The existing hydrant at this location will
also need to be moved to within the ROW (possibly able to remove this hydrant entirely).
17. Sheet 913, the inlet pipe to OCS 84 shall be a "skimmer" pipe. Please lower Invert of FES
85 to a minimum of 944.75.
18. Sheet 11, for OCS structures, please include a note in the profile referencing to sheet 18
table for additional structure details. It would also be helpful to note in the profile which
structures have weirs and which side the draintile should come into the structure with regard
to this weir.
19. Sheet 11, label the size of the draintiles in the ponds.
Intersection Construction Plan (Sheet 12)
20. B618 curb is required around all intersection radii as well as at catch basins. Some of the
elevations do not reflect this.
21. Landings shall be shown with max. 2% in any direction prior to the steep approaches.
22. Remove the sidewalk crossing/ped ramp heading west at Marx Avenue (crossing Martin
Avenue). No sidewalk is to be installed on the other side of the street.
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Turn Lane Construction Plan (Sheets 13-14)
23. 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 (601h Street/C.S.A.H. 137).
Details (Sheets 15-18)
24. Please label the shouldering material to be used on the turn lane detail on sheet 18.
25. The information for OCS 501 is blank in the table.
GRADING PLANS
Cover Sheet (Sheet 1)
26. No comments.
Grading and Erosion Control Plan (Sheets 2-5)
27. Include pond NWL, 2 -yr, 10 -yr and 100 -yr HWL elevations for all ponds.
28. Provide a line to clearly indicate 1st and 2nd Addition limits.
29. 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.
30. 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)
31. The need for ponds 4 and 5 need clarification. No storm water is being directed to
either pond.
32. Some wetland buffers are labeled 10' wide. Verify that there are other areas that provide
additional buffer area to provide the 20' average required.
33. The rear low opening for Lot 8, Block 5 shall be at or above 952.5 to provide 1.5' of
freeboard.
34. 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.
35. The block 4 label in Lot 8, Block 2 needs to be removed.
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Street Profiles (Sheet 6)
36. No comments.
Details (Sheet 7)
37. No comments.
SURFACE WATER MANAGEMENT
38. It is noted that the storm runoff from the —5 acre parcel to the SW has been accounted for
(fully developed) in both the Stormwater Management Plan and the Storm Pipe Sizing
design.
WETLANDS
39. No comments.
OTHER CONSIDERATIONS
40. 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.
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CITY O
OtSe F O
MINNESOTA V
APPLICANT: D.R. Horton, Inc.
5Feb 19
FINDINGS & DECISION
FINAL PLAT
APPLICATION: Request for approval of a final plat to be known as Magnolia Landing 2nd Addition.
CITY COUNCIL MEETING: 11 February 2019
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 Outlot C, Magnolia Landing, City of Otsego, Wright
County Minnesota.
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 40 single family lots, two outlots, and public rights-of-way.
F. The Request for Council action for the 11 February 2019 City Council meeting prepared by
the City Planner, The Planning Company LLC., is incorporated herein.
G. The Engineering Review dated 6 February 2019 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
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:
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
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.
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.
4. Park and trail dedication requirements shall be satisfied by payment of a cash fee in lieu of
land in accordance with Section 3-1-2.D of the City Code as provided for by the Development
Agreement.
5. 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 in
accordance with Section 3-1-2.D of the City Code.
6. 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 Section 3-
1-2.D of the City Code t.
7. All easements are subject to review and approval of the City Engineer.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 11th day of February, 2019.
Attest:
Tami Loff, City Clerk
2
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2019-09
RESOLUTION APPROVING DEVELOPERS AGREEMENT- MAGNOLIA
LANDING 2ND ADDITION
WHEREAS, D.R. Horton, Inc.- Minnesota has an approved Plat known as
MAGNOLIA LANDING 2ND ADDITION; 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 Cleric are hereby authorized to execute the final
Developers Agreement on behalf of the City of Otsego.
ADOPTED this 1 Ith day of February, 2019 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
MAGNOLIA LANDING 2ND ADDITION
AGREEMENT entered into this day of February, 2019 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 2ND ADDITION. The
legal description of the property covered by this Agreement is as follows:
See Exhibit A.
The Plat contains forty (40) 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 forty (40) lots within the Plat does not occur until all required security has been
posted.
5. Changes in Official Controls. MAGNOLIA LANDING 2' ADDITION is
a planned and staged development within the meaning of Minn. Stat. 462.358, Subd. 3c,
and no amendment to the City's Comprehensive Plan or other Official Controls shall apply
to or affect the use, development density, lot size, lot layout, or platting requirements for
MAGNOLIA LANDING 2' ADDITION 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 2ND ADDITION prepared by
Westwood Professional Services, Inc.
Plan B Grading, Drainage, and Erosion Control Plan prepared by Westwood
Professional Services, Inc. and as finally approved by the City
Engineer.
Plan C Sanitary Sewer, Water Main, Storm Sewer and Streets Plans for
MAGNOLIA LANDING 2� ADDITION, as prepared by Westwood
Professional Services, Inc. and as finally approved by the City
Engineer.
2
Plan D Landscape Plan for MAGNOLIA LANDING 2N -D ADDITION,
prepared by Westwood Professional Services, Inc., and as finally
approved by the City Zoning Administrator.
7. Improvements. The Developer shall install and/or pay for the following:
A. Streets
B. Street lights
C. Site grading and ponding
D. Underground installation of all utilities
E. Sanitary sewer lines
F. Water lines
G. Storm water management improvements
H. Setting of lot and block monuments
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.
3
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 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
2
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
W,
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
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 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. One unit connection fee for
Outlot B is to be paid with this Agreement.
6
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.
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),
7
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 iminediately 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.
s
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 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.
0
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 as set forth on the
Financial Summary, Exhibit B. 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:
10
A. Outlots A and B shall be conveyed to the City for drainage, storm
water and utility purposes.
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
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
II
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
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.
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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.
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
13
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
STATE OF MINNESOTA
ss.
COUNTY OF WRIGHT
CITY OF OTSEGO
O
Jessica Stockamp, Mayor
Tami Loff, City Clerk
DEVELOPER
D.R. HORTON, INC. — MINNESOTA
i39
The foregoing instrument was acknowledged before me this day of
2019, 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
2019 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, NIN 55303
(763) 231-5850
16
Notary Public
EXHIBIT A
LEGAL DESCRIPTION
Outlot C, MAGNOLIA LANDING, according to the recorded plat thereof, Wright County,
Minnesota.
17
EXHIBIT B
FINANCIAL SUMMARY (ATTACHED)
18
MAGNOLIA LANDING 2nd ADDITION
EXHIBIT C
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)
II. Escrow - Cash
A. Legal Service - 1.0% of
$1,238,517.60
B. City Administrative - 1.0% of
$1,238,517.60
C. City Construction Administration and Utility & Street Inspection
8% of $1,238,517.60
D. Trunk Water & Sewer Access Fees
1. Trunk Sewer SAC
40 REC X $2,552 /REC - Credit $66,691
2. Trunk Water WAC
40 REC X $1,781 /REC
E. Trunk Storm Water Management Impact Fee
0 1 Net Ac X $3,526 /Net Acre
F. Park & Trail Dedication Fee
40 Units X $1,968 /Unit
G. Street & Traffic Control Signs
12 Signs X $250 /Sign
H. Street Lights
41 Lights X $500/light
I. GIS Data Entry Fee
0 1 Ac X $100 /Acre
J. Wetland Delineation Review
0 Review X $2,000 /Review
Total Escrow Cash
$0.00-
$201,149.50_
$143,103.00
$357,026.00
$537,239.10
$85,700.00
$80,000.00
$1,404,217.60
$1,755,272.00
$12,385.00
$12,385.00
$99,081.00
$35,388.93
$71,240.00
$0.00
$78,720.00
$3,000.00
$2,000.00
$0.00
$0.00
$314,199.93
PAGE 1 OF 2
2/6/2019
MAGNOLIA LANDING 2nd ADDITION
EXHIBIT C
Summary of Financial Responsibility
Developer's Agreement
City of Otsego
D.R. Horton, Inc - Minnesota
III. Development Credits
A. Trunk Sanitary Sewer
B. Trunk Watermain
C. Trunk Storm Water Management
D. Park & Trail
E. Transportation Infastructure
Total Development Credits
Credit for Trunk Gravity and Forcemain Sewer $66,691.08
$0.00
$0.00
$0.00
$0.00
IV. Development Warranty Letter of Credit
A. Sanitary Sewer
$66,691.08
$201,149.50 x 15 % $30,172.43
B. Watermain
$143,103.00 x 15 % $21,465.45
C. Storm Sewer
$357,026.00 x 15 % $53,553.90
D. Streets
2,437 LF x $25/LF $60,925.00
E. Erosion & Sedimentation Control
40 Lot x $250/Lot $10,000.00
Total Warranty Letter of Credit $176,117.00
PAGE 2OF2
2/6/2019