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ITEM 4.2 Nantucket Shoresi ' r' OtsTY.F o MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 8 April 2019 PRESENTER(s) REVIEWED BY: ITEM #: City Planner Licht City Administrator/Finance Director Flaherty 4.2 — Nantucket Shores City Engineer Wagner City Attorney MacArthur STRATEGIC VISION MEETS: THE CITY OF OTSEGO: of a release and declaration of a conservation easement, and execution of a development agreement. Is a strong organization that is committed to leading the community through innovative communication. IS A PUBLIC HEARING REQUIRED? Has proactively expanded infrastructure to responsibly provide core services. Yes 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. Council approved a preliminary plat and PUD -CUP on 27 April 2006. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends vacation of existing drainage and utility easements, approval of a final plat, approval of a release and declaration of a conservation easement, and execution of a development agreement. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes Yes BACKGROUND/JUSTIFICATION: Mr. John Lenz has submitted application for final plat approval of Nantucket Shores consisting of 14 lots and 12 outlots. The proposed final plat is the third addition of Davis Mississippi Cove for which the City Council approved a preliminary plat and PUD -CUP on 27 April 2006. ■ Zoning. The majority of the subject site is zoned R -C, Residential Rural Open Space Cluster District. The R -C District allows single family dwellings as a permitted use at rural densities in conjunction with permanent preservation of open space. Outlot L is zoned A-1, Agriculture Rural Service District. The subject site is also within the Wild and Scenic Recreational River Overlay District, which is a management district established by Minnesota Rules for natural resource protection of the Mississippi River corridor. ■ Preliminary Plat Consistency. The final plat consists of 14 single family lots and 12 open space outlots. The subdivision design of the proposed final plat is generally consistent with that of the preliminary plat. Two changes to the final plat warrant attention. The proposed final plat modifies the three open space outlots along the Mississippi River shoreline approved with the preliminary plat as 11 outlots that will be owned by the abutting lots avoiding the need for a homeowners association for ownership and maintenance. The depth of the outlots is to include the 100 foot shoreland impact zone, which is a requirement for allowance of the density included in the preliminary plat within the WS District. Outlots A through K must be revised to maintain the same depth from the Ordinary High Water Level of the Mississippi River as shown on the preliminary plat. A conservation easement will be established over the outlot preventing construction of any structures and limiting grade alteration or removal of vegetation as regulated under the WS District. Lot 3, Block 3 of the proposed final plat was preliminary platted as an open space outlot with the preliminary plat. The PUD -CUP amendment approved by the City Council on 13 November 2017 allowed for a transfer of a development right from the parcel included as Outlot L within the proposed final plat to Lot 3, Block 3 to increase protection of Otsego Creek. Outlot L will be final platted as permanent open space overlaid by conservation easement prohibiting placement of any structures and limiting removal of vegetation or grade alterations. ■ Streets. The final plat will include construction of a local street between the current termini of 96th Street and Nantucket Avenue. The street will have a 24 foot width with a rural paved section and curb provided along the front of the lots. All street construction plans are subject to review and approval of the City Engineer. ■ Lot Requirements. The R -C District requires lots to be at least 1.0 acres and not larger than 2.5 acres in acre to preserve open space. The required minimum lot width is 100 feet. Lots 1-9, Block 1 and Lots 1 and 2, Block 2 comply with these requirements. The area of Lots 1-9, Block 1 will be reduced by revising the final plat to comply with the open space depth required by the preliminary plat along the Mississippi River, but will still be more than 1.0 acre in area. Lot 1, Block 2 and Lot 3, Block 3 were approved to exceed 2.5 acres in area under a PUD -CUP. Lot 10, Block 1 is proposed to have an area of 3.01 acres by including the area of a stormwater basin within the lot. This reduces the net area of the lot to less than 2.5 acres consistent with the intent of the R -C District. The area of Lot 10, Block 1 will also be reduced by revising the final plat to increase the depth of Outlot K as measured from the OHWL of the Mississippi River. ■ Setbacks. Lots within the R -C District are subject to the setback requirements as set forth by Section 11-60-8.C.1 of the Zoning Ordinance as shown in the table below. Each of the lots has adequate area within required setbacks to allow for construction of a single-family dwelling. The 100 foot setback from the OHWL of the Mississippi River required by Section 11-95-7.D.2 is to be taken up by the depth of Outlots A -K consistent with the preliminary plat approval. Front I Side I Rear 35ft.1 15ft.1 50ft. ■ Open Space. Section 11-60-7.A of the Zoning Ordinance requires developments within the R -C District to provide for preservation of a minimum of 50 percent of the net area of the development as permanent open space. The preliminary plat of Davis Mississippi Cove consisted 48.12 acres of buildable area requiring preservation of 24.06 acres. The outlots and park dedication within the preliminary plat preserved 24.09 acres of permanent open space. The proposed final plat reduces the open space area provided by Outlots B, D, H, and I of the preliminary plat. Outlot L, which is to be preserved in its entirety, will off -set the reduction in open space from the original preliminary plat. The exact open space to be preserved is to be verified upon revision of Outlots A through K to increase their depth to 100 feet as measured from the OHWL of the Mississippi River. Landscaping. Section 11-19-2.13.1 of the Zoning Ordinance requires planting two deciduous shade trees per lot. The trees will be installed as a condition of a certificate of occupancy during the building process. A security is collected at the time each building permit is issued to guarantee that the yard is sodded/seeded and the trees installed. Park and Trail Dedication. Park and trail dedication requirements for the final plat established by Section 10-8-15 of the Subdivision Ordinance for the Davis Mississippi Cove preliminary plat, which includes the proposed final plat, were satisfied by dedication of Outlot B, Davis Mississippi Cove. This 16.47 acre outlot is to be developed in the future as Davis Farm Park. No additional park dedication is required for the proposed final plat. Easements. The final plat illustrates drainage and utility easements at the perimeter of each single family lot as required by Section 10-8-10.A of the Subdivision Ordinance. The final plat must be revised to dedicate drainage and utility easements over all of Outlots A -L. All drainage and utility easements are subject to review and approval of the City Engineer. A drainage and utility easement were dedicated over all of Outlot B, D, and I, Davis Mississippi Cove. It is necessary to vacate the existing drainage and utility easements and dedicate new easement with the current final plat request. A public hearing to consider vacation of the existing drainage and utility easements dedicated within these outlots has been noticed for this purpose. The proposed drainage and utility easements to be dedicated with the final plat will supersede existing drainage and utility easements and make it such that the existing easements no longer serve a public purpose. All proposed drainage and utility easements on the final plat are subject to approval of the City Engineer. ■ Grading and Drainage Plans. The developer has submitted grading and drainage plans for the proposed final plat. All grading and drainage plans are subject to review and approval by the City Engineer. ■ Utilities. The proposed single family lots are to be served by on-site septic and well systems. The submitted plans illustrate a primary and secondary drainfield site for a septic system within each lot as required by Section 9-5-5 of the City Code. All utility issues are subject to review and approval of the City Engineer. ■ Street Lighting. Section 6-8-4 of the City Code specifies installation of street lighting for new subdivisions. The need and location for street lighting is to be determined by the City Engineer. The development agreement will provide for payment of a street light operation fee of as established by the City Code. ■ Development Agreement. The City Attorney has drafted a development agreement related to the proposed final plat to provide for construction of the project, completion of all public improvements, establishment of required securities, and payment of applicable fees. The Development Agreement is to be adopted by resolution of the City Council concurrent with the final plat approval and executed prior to recording of the final plat. I SUPPORTING DOCUMENTS ATTACHED: I ■ Site location map ■ Engineering Review dated March 27, 2019 ■ Resolution 2019-21 vacating existing drainage and utility easements ■ Findings of Fact and Decision ■ Resolution 2019-22 approving a development agreement ■ Development Agreement ■ Final Plat (2 sheets) ■ Release of Open Space Restrictions and Declaration of Open Space Restrictions POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES: I Motion to adopt Resolution 2019-21 vacating existing drainage and utility easements, approve the Nantucket Shores Final Plat and Release and Declaration of Conservation Easements subject to the conditions as outlined in the Findings of Fact and Decision as presented, and adopt Resolution 2019-22 approving a Development Agreement. BUDGET INFORMATION FUNDING: BUDGETED: NA II J U -j LLI Q J z Q U v 2 U }} > a 'C 0 <n F a 3 C U U a s n t,O 0 I 1 1 Y J Q t c � N o D t u — d cj OO CI Review No. 1 Hakanson I-IIIAnderson ENGINEERING REVIEW Residential Subdivision for the City of Otsego by Hakanson Anderson Submitted to: Honorable Mayor and City Council cc: Adam Flaherty, City Administrator Tami Loff, City Clerk Dan Licht, City Planner Andy MacArthur, City Attorney John & Kathy Lenz Scott Dahlke, Civil Engineering Site Design Reviewed by: Ronald J. Wagner Brent M. Larson Date: March 27, 2019 Proposed Development: Nantucket Shores Street Location A portion of the NE 1/a of Section 18, T121, R23. North Of Property: of 95th Street NE and South of the Mississippi River. Applicant: John & Kathy Lenz Developer: Owners of Record: John & Kathy Lenz 9568 Nantucket Avenue NE Otsego, MN 55330 Purpose: Nantucket Shores is a proposed 14 single-family low density residential lot development on approximately 39± acres in the City of Otsego, Wright County, Minnesota. The proposed development is unsewered on lots of one plus acres. The proposed development will be served with municipal 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 PRELIMINARY PLAT CONSTRUCTION PLANS TITLE SHEET PUD AMENDMENT DEVELOPMENT PLANS PROJECT LAYOUT GRADING PLAN STREET AND STORM SEWER EXISTING CONITIONS AND REMOVALS STORM WATER POLLUTION PREVENTION PLAN (SWPPP) DETAILS STORM SEWER DESIGN/HYDROLOGY WETLANDS OTHER CONSIDERATIONS SUMMARY AND/OR RECOMMENDATION PAGE 2 S:\Municipal\Aotsego23xx\2302.02 Natucket Shores -REVIEW PHASE\OT2302.02 RVW1.docx INFORMATION AVAILABLE Site Development Plans for Nantucket Shores, dated 2/12/19, by Civil Engineering Site Design Preliminary Plat for Nantucket Shores, dated 2/8/19, by Meyer-Rohlin Land Services Storm Water Pipe Size Analysis, dated 2/12/19, by Civil Engineering Site Design Davis Mississippi Coves (previous approved plans) Final Plat for Davis Mississippi Cove, received 2/9/07, by Taylor Land Surveyors, Inc. Final Plat for Davis Mississippi Cove 2"d Addition, received 2/9/07, by Taylor Land Surveyors, Inc. Grading, Street, and Storm Sewer Plans for Davis Mississippi Cove, 4/23/07, by Quality Site Design, LLC Storm Sewer Calculations for Davis Mississippi Cove, 4/13/07 revision, by Quality Site Design, LLC Drainage Analysis for Davis Mississippi Cove, dated 4/18/07, by Quality Site Design, LLC Existing Conditions for Davis Mississippi Cove, 5/30/06, by Quality Site Design, LLC Preliminary Site Plan for Davis Mississippi Cove, 5/30/06, by Quality Site Design, LLC Preliminary Plat for Davis Mississippi Cove, 5/30/06, by Quality Site Design, LLC Geotechnical Report for Mississippi Cove, dated 9/23/04, by Braun Intertec Preliminary HydroCAD Report for Davis Mississippi Cove, 4/14/06 revision, by Quality Site Design, LLC. Environmental Investigation for Davis Mississippi Cove, 5/17/06, By Miller Environmental Inc. Environmental Statement for Davis Mississippi Cove, 4/14/06, by Quality Site Design, LLC Additional Information Minnesota Rules, Chapter 4410 — EAW Requirement City of Otsego Engineering Manual City of Otsego Zoning and Subdivision Ordinances National Wetland Inventory Map , PAGE 3 S:\Municipal\Aotsego23xx\2302.02 Natucket Shores\A-REVIEW PHASE\OT2302.02 RVW1.docx PRELIMINARY PLAT 1. The preliminary plat for Davis Mississippi Coves, dated 5/30/2006 includes the area of Nantucket Shores. Nantucket Shore generally agrees with this preliminary plat. FINAL PLAT 2. The new Outlots along the river (A -K) shall start at the existing Davis Mississippi Coves Outlot D edge. 3. All lots shall have a minimum 10' wide easement along lot lines adjacent to unplatted land or Outlots not covered with drainage and utility easements (i.e. east property line of Lot 1, Block 2). 4. The existing Blocks 83, 109 and 86 and the vacated streets within Outlot L shall be vacated and cleaned up at this time. CONSTRUCTION PLANS Title Sheet 5. No comments. PUD Amendment Development Plans 6. All sheets, include a benchmark description and elevation and datum (1929 NGVD) (all sheets). 7. All sheets, the NWL, 2 -yr, 10 -yr, 100 -yr high water levels shall be labeled for all existing ponds, wetlands, the creek and the Mississippi River (only the 100 -yr HWL for the river is needed). 8. Development Plan shall include the following; a. Denote House Type and Garage Floor, Lowest Opening, and Lowest Floor elevations by Block and Lot. A separate (pdf. word or excel) document must be provided listing house type, Garage Floor, Lowest Floor, and Lowest opening elevations by Block and Lot. A legend should be include for abbreviations for house types. b. Proposed drainage arrows or proposed contours are required. c. Include drainage arrows (no existing or proposed contours should be shown). d. Proposed finished grade street centerline elevations and gradients shall be shown. e. Elevations at lot corners shall be called out. f. Emergency Overflow (EOF) elevations shall be called out on the plan. g. Setback lines (with dimension) shall be shown or called out. PAGE 4 S:\Municipal\Aotsego23xx\2302.02 Natucket Shores -REVIEW PHASE\OT2302.02 RVW1.docx Project Layout 9. The entire project area cannot be seen on this plan sheet (missing SE area, Lot 1, Block 2). 10. We recommend showing the proposed contours as well or eliminating all contours on this sheet. 11. The NWL, 2 -yr, 10 -yr, 100 -yr high water levels shall be labeled for all existing ponds, wetlands, the creek and the Mississippi River (only the 100 -yr HWL for the river is needed). 12. The street centerline horizontal curve information is required to be in the plans. All curves shall have a minimum of 250' radii. Grading Plan 13. The Davis Mississippi Coves plans and stormwater model shows an 8' x 10' emergency overflow outlet for the for the Existing Pond (#3). The report model also has an infiltration rate of 0.8"/hr being modeled. This pond was never as -built with Davis Mississippi Coves and therefore the grading will need to be as -built with Nantucket Shores if it is to be used. We need to verify that the pond was graded property, the berm is at the right height, the overflow is properly constructed and the infiltration rates shall be verified in the field. The designed EOF for the pond is 879.30 therefore the lowest opening allowed for the adjacent house on Lot 10, Block 1 = 880.8. 14. Some of the line types being used are not shown in the legend (i.e. easements, setbacks, wetland edges, etc) 15. It appears that there is a flat area located on east side of Lot 3, Block 3, outside of the ROW, where proposed elevation of 882' is shown. Please add elevation points to ensure drainage to street. 16. The water from the west side of the house on Lot 1, Block 1 is being pushed on to the adjacent existing lot to the west. This drainage shall be directed towards the street or down the property line easement and to the north. 17. A berm shall be added within the ditch on both sides of the street near 58+50. This berm is intended to catch and direct runoff to the CB 32 and FES B I. A berm should also be graded east of CB 31, so the ditch runoff does not go directly into the pond to the east. Street and Storm Sewer 18. Restoration of the area where the existing temporary cul-de-sac is removed will be necessary. 19. EX CB 144 may require a drive -over casting (Neenah 3501) if it is in or too close to the driveway. PAGE 5 S:\Municipal\Aotsego23)cA2302.02 Natucket Shores -REVIEW PHASE\OT2302.02 RVW1.docx 20. Sufficient pipe cover from FES -B 1 to CB -31 may be hard to obtain. Consider using a catch basin in place of a flared end at the location of FES -B 1. 21. Articulated concrete block shall be shown at the location of FES -A1. 22. Please provide infiltration rates for the existing pond if it will be utilized as an infiltration basin. 23. Existing Conditions and Removals 24. The existing conditions shall include the following: a. Show and label widths of existing streets and show buildings, etc within 150' of the project boundary. b. Location, size, and elevations of existing sewers, culverts, and other underground facilities within 150' boundary. c. Boundary lines of adjoining unsubdivided or subdivided land, identified by name and ownership within 150'. d. Minimum of NWL and 100 -year flood elevations for all storm ponds, wetlands, creeks and rivers shall be shown. e. The proposed existing well locations within 150' of the project boundary shall be shown. Storm Water Pollution Prevention Plan 25. This section of the Mississippi River is a "special water" and additional measures and BMPs are required. Typically, the time frames that things need to be completed and restored are accelerated. Please verify that these are addressed in the SWPPP. Details 26. Show recommended R -Value from soils engineer that was used to determine proposed street sections. STORM SEWER DESIGN/HYDROLOGY 27. A Stormwater Management Report was submitted and found acceptable with the Davis Mississippi Coves plat. Verify that this report designed for the Nantucket Shores project at full build out. WETLANDS 28. A Wetland Determination is required. The previous Davis Mississippi Coves delineations are expired and are no longer valid for the current plat. PAGE 6 S:\Municipal\Aotsego23xx\2302.02 Natucket Shores\A-REVIEW PHASE\OT2302.02 RVW1.docx OTHER CONSIDERATIONS 29. A geotechnical report with a recommended "R" value for the street design shall be submitted. 30. 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. SUMMARY AND/OR RECOMMENDATION We recommend approval contingent upon the above items being addressed. PAGE 7 S:\Municipal\Aotsego23xx\2302.02 Natucket Shores\A-REVIEW PHASE\OT2302.02 RVW1.docx RESOLUTION NO.: 2019 - 21 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION APPROVING VACATION OF EXISTING DRAINAGE AND UTILITY EASEMENTS DEDICATED WITH THE PLAT OF NANTUCKET SHORES WHEREAS, easements were dedicated for public drainage and utility purposes as described by Exhibit A within the plat of Davis Mississippi Cove; and, WHEREAS, the proposed final plat of Nantucket Shores includes dedication of drainage and utility easements required by Section 21-7-15 of the Subdivision Ordinance; and, WHEREAS, the dedication of drainage and utility easements with the final plat of Nantucket Shores supersede and make unnecessary those easements described by Exhibit A; and, WHEREAS, John F. Lenz Revocable Trust has applied for vacation of the drainage and utility easement described by Exhibit A; and, WHEREAS, the City Council held a public hearing at their regular meeting on 8 April 2019 to consider the vacation, preceded by required published and mailed legal notice; and, WHEREAS, the City Council heard all parties interested therein and closed the public hearing; and, WHEREAS, the drainage and utility easements described by Exhibit A serve no useful public purpose; and, WHEREAS, the City Council having considered all information received related to the proposed vacation and easement dedication finds that vacating the existing drainage and utility easement as shown on Exhibit A would be in the public interest; and, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego that Otsego hereby orders: That the drainage and utility easements located in the City of Otsego, Wright County, State of Minnesota described by Exhibit A are hereby vacated. 2. The City Council hereby determines that the vacation of said drainage and utility easement shall cause no damage to any abutting or nearby property owners and therefore no damages are awarded to any such property owners. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 8t" day of April, 2019. ATTEST: Tami Loff, City Clerk CITY OF OTSEGO Jessica L. Stockamp, Mayor 2 3 Apr 19 01 SIiY 41 FII FJ I�'i dO TA FINDINGS OF FACT AND DECISION APPLICANT: John F. Lenz Revocable Trust APPLICATION: Request for approval of a final plat to be known as Nantucket Shores. CITY COUNCIL MEETING: 8 April 2019 FINDINGS: Based upon review of the application and evidence received, the City Council of the City of Otsego now makes.the following findings of fact: A. The legal description of the property is described by Exhibit A. B. The subject site is guided by the 2012 Comprehensive Plan for rural residential uses within the Rural Residential Preserve Area. C. The subject site is zoned R -C, Residential Rural Open Space Cluster District. D. The City Council approved an application for preliminary plat and PUD -CUP on 27 April 2006. E. The applicant is proposing a final plat of 14 single family lots and 12 outlots. F. The Request for Council Action dated 8 April 2019 prepared by the City Planner, The Planning Company LLC, is incorporated herein. G. The Engineering Review dated March 27, 2019 prepared by the City Engineer, Hakanson Anderson Inc., is incorporated herein. H. Final plat applications are processed in accordance with Section 10-3-3 of the Subdivision Ordinance and do not require a recommendation by the Planning Commission. DECISION: Based on the foregoing information and applicable ordinances, the application is hereby APPROVED subject to the following conditions: 1. The applicant shall execute a development agreement as drafted by the City Attorney and subject to approval of the City Council. 2. All street construction plans shall be subject to review and approval by the City Engineer. 3. All utility issues shall be subject to review and approval of the City Engineer. 4. All grading, drainage and erosion control plans are subject to review and approval by the City Engineer. 5. Street lighting shall be installed within the final plat in accordance with Section 6-8-4 of the City Code with payment of charges as established in accordance with the City Fee Schedule, subject to review and approval of the City Engineer. 6. Conservation easements shall be recorded over Outlots A -L prohibiting construction of any structures; alteration of the grade or removal of vegetation within these outlots shall be subject to the provisions of the Wild and Scenic Recreational River District adopted as Chapter 95 of the Zoning Ordinance. 7. Drainage and utility easements shall be dedicated over all of Outlots A -L; all drainage and utility easements shall be subject to review and approval of the City Engineer. 8. The final plat shall be revised such that the depth of Outlots A -K as measured from the Ordinary High Water Level of the Mississippi River are consistent with the depth of Outlots B and D as shown on the preliminary plat and final plat of Davis Mississippi Cove, subject to review and approval of City staff. 9. The final plat shall provide for preservation of a minimum of 50 percent of the net area of the Davis Mississippi Cove preliminary plat as permanent open space as required by Section 11- 60-7.A of the Zoning Ordinance. 10. The lots within the final plat shall comply with the lot requirements of the R -C District as set forth in Section 11-60-8 of the Zoning Ordinance. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 8th day of April, 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. 2019-22 RESOLUTION APPROVING DEVELOPERS AGREEMENT - NANTUCKET SHORES WHEREAS, John F. Lenz as Trustee of the John F. Lenz Revocable Trust Dated August 19, 1999 has an approved Plat known as NANTUCKET SHORES; and WHEREAS, the approved Plat requires construction of public improvements and payment of City costs and fees; and WHEREAS, those obligations are contained and memorialized in the attached Developers Agreement; and WHEREAS, the Developers Agreement also sets forth the security required to assure satisfactory construction of public improvements and establishes the various remedies available to the City in the event that Developer breaches the terms and conditions of the Agreement. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego, Wright County, Minnesota as follows; The attached Developers Agreement between the City of Otsego and the John F. Lenz Revocable Trust Dated August 19, 1999 is hereby approved in form, subject to modification of fees, charges and security as approved by City staff. 2. The Mayor and City Clerk are hereby authorized to execute the final Developers Agreement on behalf of the City of Otsego. ADOPTED this 8th day of April, 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 2 DEVELOPMENT AGREEMENT NANTUCKET SHORES AGREEMENT entered into this day of April, 2019 between the City of Otsego ("City"), a municipal corporation organized under the laws of the State of Minnesota, and John F. Lenz as Trustee of the John F. Lenz Revocable Trust Dated August 19, 1999 ("Developer"). 1. Request for Plat Approval. The Developer has requested that the City approve a plat entitled NANTUCKET SHORES (referred to in this Agreement as "the Plat") and legally described as follows: See Exhibit A. The plat contains fourteen (14) single family residential lots. The plat is zoned R-3, Residential Long Range Urban Service District as approved by Ordinance 2017 -XX adopted by the City Council on November 13, 2017. 2. Conditions of Plat Approval. The City hereby approves the plat on condition that the Developer enter into this Agreement, furnish the security required by it, and record the Plat with the Wright County Recorder or Registrar of titles within one hundred (100) days after the City Council approves the final plat. The Developer shall cooperate with the City in recording the Plat and all required additional deeds and documents and providing assurance that the Plat and all required documents have been properly and timely recorded. Any restrictive covenants for the Plat shall be submitted to the City Attorney for approval and shall be recorded prior to sale of any lots within the Plat. 1 3. Right to Proceed. Within the Plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, storm sewers, water lines, streets, utilities, public or private improvements, or any buildings or structures until all the following conditions have been satisfied: 1) this Agreement has been fully executed by both parties and filed with the City Clerk, and all conditions contained in the Agreement have been met, 2) the necessary security has been received by the City, 3) the Plat and this Agreement have 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. Sanitary sewer service is not available to the fourteen (14) lots within the Plat. Subsurface sewage treatment systems shall be provided for each lot in accordance with Chapter 4, Section 3 of the Otsego City Code. 5. Changes in Official Controls. NANTUCKET SHORES 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 future phases of NANTUCKET SHORES 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, NANTUCKET SHORES, dated 2019 prepared by Meyer-Rohlin Land Services. Plan B Grading, Drainage, and Erosion Control Plan prepared by Meyer- Rohlin Land Services and as finally approved by the City Engineer. Plan C Construction Plans for NANTUCKET SHORES, prepared by Meyer- Rohlin Land Services and as finally approved by the City Engineer. Plan D Specifications for NANTUCKET SHORES, prepared by Meyer- Rohlin Land Services, and as finally approved by the City Engineer. 2 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. Storm water management improvements F. Setting of lot and block monuments G. Construction surveying and staking H. 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, 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: 3 A. Wright County for County Road access and work in County right of way. B. MNDOT for State Highway Access C. MNDOT for work in right of way D. Minnesota Department of Health for watermains E. MPCA NPDES Permit for construction activity F. 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 May 1, 2020. 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 fifteen (15) business days notice stating the deficiencies and 4 necessary corrections prior to making any corrective action. Said right of entry shall continue until the City finally accepts the improvements and any applicable warranty period has expired. 13. Erosion Control. Prior to initiating site grading, and before any utility construction is commenced or further building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. If the City Engineer determines that it would be unreasonable to require full implementation of the erosion control plan prior to utility construction or issuance of certain building permits, he shall state in writing what construction can take place and what particular building permits can be issued prior to full implementation. The City may impose additional erosion control requirements if, in the 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, 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 applied. Should the City be required to grade s 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. The City agrees to plow the streets within the Plat once the bituminous base course has been placed, but prior to City acceptance of the Street(s). All work done by the City, prior to formal acceptance will be done upon agreement herein that the Developer will hold harmless, defend and fully indemnify the City from any and all liability claims of whatever nature related to or arising from such work and pay all costs associated with that work. Any plowing undertaken by the City will constitute no acceptance or evidence of acceptance of the street(s) in question. The final wear course shall not be constructed until at least one construction season after the base construction is completed and shall be delayed one more construction season if at least 75% build out is not achieved. However, the final wear course shall not be delayed for a period longer than two (2) 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 that the final wear course is placed prior to 75% build out. Upon final completion of streets and acceptance by the City as a City street rather than a private drive, the Developer shall guarantee to the City for a period of two (2) years that the streets have been constructed to City standards. The warranty period shall not commence until such time as street construction is completed and the streets are accepted as City streets by the City. The two (2) year warranty set forth above commences upon the date on which the City accepts the streets by resolution. 18. Sewage Treatment. No occupancy permit for any building within the plat will be issued by the City unless the Building Official has inspected both the sewer and water connections to the building and has certified that they have been constructed satisfactorily in accordance with City specifications and the City Code. 19. Administrative Fee. A fee for City Administration of this project shall be paid prior to the City executing the plat and this Agreement. Said fee shall be one percent (1%) of the estimated construction costs of the improvements within the plat, or alternatively a minimum fee. The administrative fee for this Plat is as set forth in the attached Financial Summary Exhibit B. This fee is immediately available to the City upon establishment of the escrow. 20. Sewer Availability Fees. Wastewater treatment is provided by an on- site septic system conforming to State, County and City statutes, rules and regulations. There is no City Sewer Availability Fee. 21. Sewer Connection Fees. Wastewater treatment is provided by an on-site septic system conforming to State, County and City statutes, rules and regulations. There is no City Sewer Connection Fee. 6 22. Water Availability Fees. Water is provided by private wells conforming to State, County and City statutes, rules and regulations. There is no City Water Availability Fee. 23. Water Hookup Fees. Water is provided by private wells conforming to State, County and City statutes, rules and regulations. There is no City Water Hookup Fee. 24. Park and Trail Dedication. The Park and Trail fee requirement were satisfied by dedication of Outlot B, Davis Mississippi Cove. This 16.47 acre outlot is to be developed in the future as Davis Farm Park. No additional park dedication is required for the proposed final plat. 25. Street and Traffic Control Signs. Before the City signs the final plat, the Developer shall pay to the City for installation of traffic control signs (stop signs, street signs, dead-end signs). The said amount is as set forth on the attached Financial Summary Exhibit B. Using these funds, the City shall purchase and install the street and traffic control signs. 26. 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 of payment for operation and maintenance of street lights, the Developer shall submit a fee as set forth n the attached Financial Summary Exhibit B. The operation and maintenance of the street lights by the City shall not commence until such time as the Plat is accepted by the City and is formally recorded. Street lighting shall conform to adopted City Code. 27. City Engineering Administration and Construction Observation, Legal Fees Escrow and City Fees. The Developer shall pay a fee for consulting engineering administration. City 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 estimated to be three percent (3%) of the estimated construction cost of the 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 estimated to be five percent (5%) of the estimated construction cost of the 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. The escrow and fee account shall also include estimated fees for Legal expenses actually incurred, City Administrative Fee (a flat fee due upon execution of this Agreement), Trunk Water and Sewer Access Fees (a flat fee due upon execution of this Agreement), Transportation Infrastructure Costs (a flat fee due upon execution of this Agreement), Park and Trail Dedication Fees (a flat fee due upon execution of this Agreement), Street Light Maintenance and Operation Fee (a flat fee due upon execution of this Agreement) and shall be established as set forth on the attached Financial Summary Exhibit B. 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 the Plat and this Agreement. Any amounts for legal and engineering and Wetland Delineation Review 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. 28. 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 other "security" in the amount as set forth on the attached 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 December 31, 2020 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 in the attached s Financial Summary Exhibit B. A warranty security shall be posted with the City as set forth in paragraph 32 of this Agreement. 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 Plat and 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 the plat and this Agreement. The security for this Agreement shall be cash or Irrevocable Standby Letter of Credit in the amount as set forth in the attached Financial Summary Exhibit B. 29. Landscaping. The Developer shall install two (two) trees upon each lot within the Plat of a species approved by the Zoning Administrator. These plantings may not be installed in a public right-of-way. Any security posted for this agreement or prior additions may be used to cure any defects in the event that the Developer, it assigns or successors fails to install landscaping according to this Agreement. Landscaping security to insure compliance with the approved Landscape Plan shall be $ 1,000 per lot to 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. 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 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 0J (12) months after planting. Any replacement shall be warranted for twelve (12) months from the time of planting. 30. Significant Trees. There are no significant trees within the Plat. The Developer is not required to replace any significant trees. 31. 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 warrant 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 in the attached 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. 32. 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, 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. 33. 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: None. 34. Responsibility for Costs. 10 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. 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 Developer shall reimburse the City 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. If the bills are not paid on time, the City may 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. 35. 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. 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 sole 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. 36. Miscellaneous. A. The Developer represents to the City that the plat complies with all City, County, State, and Federal laws and regulations, including but not limited to, Subdivision Ordinances, Zoning Ordinances, and 11 environmental regulations except where specifically excluded by this agreement. If the City determines that the Plat 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. H. The Developer shall take out and maintain until one (1) year after the City has accepted the public improvements, public liability and 12 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. 37. 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: John F. 13 Lenz, Trustee, Otsego, MN 55330. Notice to the City shall be in writing and shall be either hand delivered to the City Clerk at the following address: City of Otsego, City Hall, 13400 90' Street NE, Otsego, MN 55330, Attention: City Clerk CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk DEVELOPER JOHN F. LENZ, AS TRUSTEE OF THE JOHN F. LENZ REVOCABLE TRUST DATED AUGUST 19, 1999 John F. Lenz, Trustee STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) 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 14 STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2019, by John F. Lenz, Trustee of the John F. Lenz Revocable Trust Dated August 19, 1999, with authority. DRAFTED BY: MACARTHUR LAW OFFICE, LLC 3601 Thurston Avenue North Suite 103 Anoka, MN 55303 (763) 231-5850 15 Notary Public EXHIBIT A- LEGAL DESCRIPTION Outlot B, Outlot C, Outlot D, Outlot E, Outlot F, Outlot H, Outlot I, Outlot J, and Lot 2, Block 5, all in DAVIS MISSISSIPPI COVE according to the recorded plat thereof, Wright County, Minnesota. That part of Government Lot3, Section 17, Township 121, Range 23, Wright County, Minnesota being part of the Townsite of Otsego, according to the recorded plat thereof, described as follows: Beginning at the southeast corner of DAVIS MISSISSIPPI COVE, according to the recorded plat thereof, also being the northeast corner of GRUPA'S ADDITION, according to the recorded plat thereof; thence on an assumed bearing of South 1 degree 17 minutes 26 seconds East, along the east line of said GRUPA' S ADDITION, a distance of 3.83 feet; thence North 63 degrees, 52 minutes, 17 seconds East, a distance of 10.22 feet; thence South 84 degrees, 03 minutes, 11 seconds East, a distance of 15.90 feet; thence North 57 degrees, 57 minutes, 17 seconds East, a distance of 10.49 feet; thence North 46 degrees, 46 minutes, 17 seconds East, a distance of 44.95 feet; thence North 31 degrees, 25 minutes, 40 seconds East, a distance of 17.43 feet; thence North 6 degrees, 59 minutes, 03 seconds West, a distance24.42 feet; thence North 25 degrees, 28 minutes, 55 seconds West, a distance of 8.40 feet; thence North 75 degrees, 30 minutes, 08 seconds East, a distance of 379.80 feet to the west line E Street of said Townsite of Otsego; thence North 1 degree, 05 minutes, 42 seconds west, along said west line of E Street, a distance 396 feet more or less to the shoreline of the Mississippi River; thence northwesterly along said shoreline, a distance of 467 feet, more or less, to the east line of said DAVIS MISSISSIPPI COVE; thence South 1 degree, 17 minutes, 26 seconds East along said East line, a distance of 707 feet, more or less, to the point of beginning. 16 EXHIBIT B- FINANCIAL SUMMARY (ATTACHED) 17 a N a =I W Is � o 5 a � a a, g B 3 a 5E a g s € cif a 9 � _ 1�1 y■ s � LL a ►.� a 8� 2,2.E �w.. L..°�f 2 i u4nN �= Esc 9 � NI v2v Sana 4�° D yp B Y a Es°s 3i �s oP;J!ag ��` 6a� $eLgS9 �7 A Ez °s PO >g88 3 9"Em i. $0p' LL$o Lyyl x n �aE6.--' E ^yy5E V.�!ig •a EY � Yq � �g 1gaw tf 4 os sa:�sa s s' g � al gR r g�g ,p g _S l � 0 e �� i rvvfswv - yy'' — E" Ld Ld LL QW uj c V\,� / 3 • •\y,�2'��\� � (v�o le fn �) a J�, s n•sYro' t s m 00^w i w (, LL V ` CD ay y '� �r S?� //° ,� ' �.�\\• rJs�� yfrsBas• p l ��� � // � / \ �` � � � � � g LU h j q, j < x •\ . � �r Nt° o op e-elva•r /{ ` / � J� 9 0 / /, H\. ,C / • 8b ���:;; ,-;;=\—I`ll\ / ll yy�,/ 'r ¢ ,gyp/ v- \ro y{� If/ n/ )• S I. m� � C / ♦ .p 4.. \ s O . �� G / •'—.f /; .,� s 0 art I RI � r •Krib w �;; � w �M v� u� c has I —77 I (i � rM•�'-�__J v ;i i 0d Y•f[M' Qpgq ' g�ggg ta I—E6f.Ba— � 9. d• r II I I II i3 I 1_ \ �� •Q B to �Nag e Mt I /$ RELEASE OF CERTAIN OPEN SPACE RESTRICTIONS AND DECLARATION OF OPEN SPACE RESTRICTIONS ON CERTAIN PROPERTY WITHIN NANTUCKET SHORES THIS RELEASE AND DECLARATION OF PERMANENT OPEN SPACE (the Declaration) is made this _ day of April, 2019 by John F. Lenz as Trustee of the John F. Lenz Revocable Trust Dated August 19, 1999 (the TRUST), a Minnesota Revocable Trust and the City of Otsego (CITY), a Minnesota municipal corporation. RECITALS A. Open Space Declarations were placed against OUTLOTS B,D,G,H,I and K of DAVIS MISSIPPI COVE pursuant to that Permanent Open Space Declaration dated August 22, 2006 and recorded on August 31, 2006 as Document No. A 1023815 at the Office of the Wright County Recorder, Wright County, Minnesota. B. The Open Space Restrictions were required by the City of Otsego (CITY) as a condition of approval of a Planned Unit Development and the Plat of DAVIS MISSISSIPPI COVE. C. At the time the Declaration was executed OUTLOTS B, D, I and K, DAVIS MISSISSIPPI COVE were owned by Mississippi 39, LLC, who signed the Declaration, and OUTLOTS G and H, DAVIS MISSISSIPPI COVE were owned by the TRUST. D. The TRUST subsequently acquired and currently owns OUTLOTS B, D, and I, DAVIS MISSISSIPPI COVE. E. The TRUST has assembled and platted certain of the affected OUTLOTS within DAVIS MISSISSIPPI COVE (OUTLOTS B, C, D, E, F, H and 1) as a portion of NANTUCKET SHORES. F. Within the Plat of NANTUCKET SHORES the TRUST has created certain OUTLOTS (OUTLOTS A, B, C, D, E, F, G, H, I, J, K and L, NANTUCKET SHORES) which the CITY will require open space restrictions upon. G. Due to the platting of NANTUCKET SHORES and the declaration of open space restrictions upon the OUTLOTS within NANTUCKET SHORES listed above the CITY no longer requires the open space restrictions previously placed against OUTLOTS B, D, H, and I of DAVIS MISSISSIPPI COVE. RELEASE CITY hereby releases TRUST, its heirs, assigns and successors in interest from those Open Space Restrictions against OUTLOTS B,D,H and I, DAVIS MISSISSIPPI COVE as set forth in that document titled Permanent Open Space Declaration dated August 22, 2006 and recorded on August 31, 2006 as Document No. A1023815 at the Office of the County Recorder, Wright County, Minnesota. Any property not specifically released in this document is still subject to the terms and conditions of the document referenced above. RESTRICTIONS The TRUST as Declarant hereby makes the following declarations of restrictions limiting the use of the following described property; OUTLOT A, OUTLOT B, OUTLOT C, OUTLOT D, OUTLOT D, OUTLOT E, OUTLOT F, OUTLOT G, OUTLOT H, OUTLOT I, OUTLOT J, OUTLOT K and OUTLOT L, all of the Plat of NANTUCKET SHORES as recorded at the Office of the County Recorder, Wright County, Minnesota. 1. Declarant, its heirs, assigns and successors shall not further subdivide the properties described herein. 2. Declarant, its heirs, assigns and successors in interest shall not construct any new structures on the property, except as may be permitted by future amendment to the City of Otsego Zoning Ordinance specifically related to the properties. 3. Declarant, its heirs, assigns and successors in interest agree to preserve the properties as permanent open space. 4. Any conveyance of the properties shall include a deed restriction indicating that the properties may only be used for the above- mentioned purposes forever. 5. These restrictions shall run with the properties in perpetuity. CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk JOHN F. LENZ, AS TRUSTEE OF THE JOHN F. LENZ REVOCABLE TRUST UNDER AGREEMENT DATED AUGUST 19, 1999 John F. Lenz, Trustee STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this _ day of April, 2019, by Jessica Stockamp, Mayor and Tami Loff, City Clerk of the City of Otsego, a municipal corporation under the laws of the State of Minnesota with authority. NOTARY PUBLIC STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this _ day of April, 2019, by John F. Lenz as Trustee of the John F. Lenz Revocable Trust Under Agreement Dated August 19, 1999, with authority. NOTARY PUBLIC DRAFTED BY: MACARTHUR LAW OFFICE, LLC Suite 103 3601 Thurston Avenue N. Anoka, MN 55303 763-231-5850 4