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ITEM 3.8 Raspberry Hills�1, 0tSc C e F o MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Administration City Attorney May 13, 2019 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty 3.8 STRATEGIC VISION MEETS: THE CITY OF OTSEGO: 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. No 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. quadrant of 85th Street and Odean Avenue. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends that the City Council approve an Addendum to the Raspberry Hills Development Agreement. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes No BACKG RO U N D/J U STI FI CATI O N : The Developer signed a Development Agreement with the City in November of 2017 which was recorded on March 22, 2018. The development is a residential development of ten lots located at the southwest quadrant of 85th Street and Odean Avenue. The Development Agreement included certain escrow/fees in the amount of $13,635.00 in respect to transportation. This fee was erroneously included as a misapplication of the then existing City policy. Developer has requested that this fee be rebated and City staff supports that request. The Addendum to the Development Agreement modifies that Agreement to delete paragraph no. 27 and to modify paragraph no. 28 respectively. SUPPORTING DOCUMENTS ATTACHED: 0 Addendum to Development Agreement - Raspberry Hills POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to approve an Addendum to the Raspberry Hills Development Agreement and rebate escrow/fees in the amount of $13,635.00 to Developer Jeremy and Cherlynn Uzzell. BUDGET INFORMATION FUNDING: BUDGETED: Fund #209 — Collector Streets No ADDENDUM TO DEVELOPMENT AGREEMENT - RASPBERRY HILLS ADDENDUM entered into this _ day of May, 2019 between the City of Otsego, ("City"), a municipal corporation under the laws of the State of Minnesota, and Jeremy J. Uzzell and Cherlynn M. Uzzell, Owners and collectively ("Developer") WHEREAS, City and Developer previously entered into a Development Agreement dated November 7, 2017 and recorded on March 22, 2018 as Document No. A1366601 at the Office of the County Recorder, Wright County Minnesota; and WHEREAS, the Parties wish to delete No. 27 of that Agreement and amend that portion of No. 28 listing Escrow and Fees. NOW, THEREFORE IT IS AGREED between the Parties that the portion of that Developers Agreement between Developer and City dated November 7, 2017 and recorded on March 22, 2018 as Document No.A1366601 at the Office of the Wright County Recorder is amended to delete No. 27 and that portion of No. 28, listing Escrow and ,is hereby amended to read as follows: "ESCROW AND FEES City Construction Administration and Utility and Street Inspection Fees Legalfees City Administrative Park and Trail Dedication Fee Street light maintenance and operation Street and traffic control signs GIS Data Entry Fee Wetland Delineation Review TOTAL $17,417.00 $2,177.00 $2,177.00 $31,374.00 $2,000.00 $3,500.00 $1,500.00 $2,000.00 $62,145.00" All other terms and conditions of the Agreement remain in force and effect as written. CITY OF OTSEGO Jessica Stockamp Mayor Tami Loff, City Clerk DEVELOPER Jeremy J. Uzzell Cherlynn Uzzell