Loading...
ITEM 3.11 Hansen Heights Final Plat0 Ot�ezoF MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 22 July 2019 PRESENTER(s) REVIEWED BY: ITEM #: City Planner Licht City Administrator/Finance Director Flaherty City Engineer Wagner City Attorney MacArthur 3.11—Hansen Heights Final Plat STRATEGIC VISION MEETS: I THE CITY OF OTSEGO: ARE YOU SEEKING APPROVAL OF A CONTRACT? Is a strong organization that is committed to leading the community through innovative communication. Yes Has proactively expanded infrastructure to responsibly provide core services. BACKGROUND/JUSTIFICATION: Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. application to amend the preliminary plat to include an addition parcel. The area included in the revised Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of a final plat and execution of a development agreement. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes No BACKGROUND/JUSTIFICATION: VHF Investments has submitted application to final plat the first phase of the Hansen Heights subdivision consisting of 29 single family lots, two of which are existing homes. The City Council approved the preliminary plat and a PUD -CUP for the development on 22 April 2019. The developer has also submitted application to amend the preliminary plat to include an addition parcel. The area included in the revised preliminary plat is not part of this final plat application and will be final platted with a future addition. ■ Zoning. The subject site is zoned R-4, Residential Urban Single Family District. Single family lots are a permitted use within the R-4 District. ■ Preliminary Plat Consistency. The final plat consists of 29 single family lots accessed by public streets in a configuration consistent with the preliminary plat. Lots 27 and 28, Block 2 are each large tracts that each include an existing single family dwelling. These large lots will be resubdivided with future final plats in accordance with the approved preliminary plat (as may be amended). ■ 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. Two trees are to be installed within each lot (not including Lots 27 and 28, Block 2). The preliminary plat included approval of a landscape plan to provide for buffer yard plantings abutting Odean Avenue and 75th Street as required by Section 10-16-7.D of the Zoning Ordinance. The development agreement includes a security for the installation and warranty for these plantings. Streets. The proposed lots are to be accessed by local public streets entering the development from 75th Street at Odell Avenue. The proposed local streets are to be 28 feet wide with concrete curb and gutter within a 60 foot wide right-of-way. A 5 foot concrete sidewalk is provided on 1 side of all streets. Section 8-8-4 of the City Code specifies installation of street lighting for new subdivisions at the corners of intersecting streets and midblock locations for blocks longer than 900 feet. The development contract provides for payment of the street light operation fee of as established by the City Code. Street names will be established in accordance with Section 10-8- 10.6.13 of the Subdivision Ordinance and the Wright County grid system. The east -west street labeled as Ohland Avenue must be designated as numbered street. All street designs, construction plans, and street names are subject to review and approval by the City Engineer. 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. All grading, drainage, and erosion control plans are subject to review and approval by the City Engineer. Utilities. The developer has submitted utility plans for the proposed final plat that are subject to review and approval by the City Engineer. The developer is required to pay Utility Availability Charges at the time of final plat approval as outlined Financial Summary exhibit included 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. ■ Outlot A. The final plat includes Outlot A that includes Lefebvre Creek and wetlands below the ridgeline along the east portion of the development. The developer will dedicate Outlot A to the City. Deeding this parcel will not be credited for park and trail dedication purposes and these requirements for the preliminary plat are to be satisfied by payment of a cash fee in lieu of land calculated on a per lot basis at the time of final plat approval. ■ Park and Trail Dedication. The Future Parks and Trail Plan does not identify acquisition of land for active park within the subject site. Park dedication requirement are to be met as a cash fee in lieu of land. The park dedication fee in lieu of land in accordance with the City's current fee schedule for the final plat is included in the development agreement. Lot Area Lot Width Lot Depth Setbacks Front Side Rear 75th St. Odean Ave. Wetland Interior 12,OOOsf. 75ft. 100ft. 35ft. 10ft. 20ft. 65ft. 40ft. Corner 100ft. Landscaping. Two trees are to be installed within each lot (not including Lots 27 and 28, Block 2). The preliminary plat included approval of a landscape plan to provide for buffer yard plantings abutting Odean Avenue and 75th Street as required by Section 10-16-7.D of the Zoning Ordinance. The development agreement includes a security for the installation and warranty for these plantings. Streets. The proposed lots are to be accessed by local public streets entering the development from 75th Street at Odell Avenue. The proposed local streets are to be 28 feet wide with concrete curb and gutter within a 60 foot wide right-of-way. A 5 foot concrete sidewalk is provided on 1 side of all streets. Section 8-8-4 of the City Code specifies installation of street lighting for new subdivisions at the corners of intersecting streets and midblock locations for blocks longer than 900 feet. The development contract provides for payment of the street light operation fee of as established by the City Code. Street names will be established in accordance with Section 10-8- 10.6.13 of the Subdivision Ordinance and the Wright County grid system. The east -west street labeled as Ohland Avenue must be designated as numbered street. All street designs, construction plans, and street names are subject to review and approval by the City Engineer. 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. All grading, drainage, and erosion control plans are subject to review and approval by the City Engineer. Utilities. The developer has submitted utility plans for the proposed final plat that are subject to review and approval by the City Engineer. The developer is required to pay Utility Availability Charges at the time of final plat approval as outlined Financial Summary exhibit included 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. ■ Outlot A. The final plat includes Outlot A that includes Lefebvre Creek and wetlands below the ridgeline along the east portion of the development. The developer will dedicate Outlot A to the City. Deeding this parcel will not be credited for park and trail dedication purposes and these requirements for the preliminary plat are to be satisfied by payment of a cash fee in lieu of land calculated on a per lot basis at the time of final plat approval. ■ Park and Trail Dedication. The Future Parks and Trail Plan does not identify acquisition of land for active park within the subject site. Park dedication requirement are to be met as a cash fee in lieu of land. The park dedication fee in lieu of land in accordance with the City's current fee schedule for the final plat is included in the development agreement. ■ Development Agreement. The City Attorney has drafted a development agreement related to the proposed final plat to provide for completion of all public improvements, establishment of required securities and payment of applicable fees. The Development Agreement is to be adopted by resolution of the City Council concurrent with the final plat approval and executed prior to recording of the final plat. SUPPORTING DOCUMENTS ATTACHED: ■ Site location map ■ Engineering Review dated June 20, 2019 ■ Findings of Fact and Decision ■ Resolution 2019-38 approving a development agreement ■ Development Agreement ■ Final Plat (3 sheets) POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES: Motion to approve the final plat of Hansen Heights subject to the conditions as outlined in the Findings of Fact and Decision as presented and adopt Resolution 2019-38 approving a Development Agreement. BUDGET INFORMATION FUNDING: BUDGETED: N/A IO Review No. 2 _. Hakanson ■■ Anderson ENGINEERING REVIEW Residential Subdivision for the City of Otsego by Hakanson Anderson Submitted to: Honorable Mayor and City Council cc: Adam Flaherty, City Administrator Tami Loff, City Clerk Dan Licht, City Planner Andy MacArthur, City Attorney Scott Dahlke, P.E., Civil Engineering Site Design Henry Hansen, VHF Investments, LLC Reviewed by: Ronald J. Wagner, P.E. Brent M. Larson, P.E. Date: June 20, 2019 Proposed Development: Hansen Heights Street Location A portion of the SE '/4 of Section 28, T121, R23 and a portion of of Property: the SW 1/a of Section 27, T121, R23. East of Odean Avenue NE and North of 72nd Street NE. Applicant: Henry Hansen Developer: VHF Investments, LLC 1450543 d Avenue N. Plymouth, MN 55446 Owners of Record: VHF Investments, LLC Purpose: Hansen Heights is a proposed 116 lot (+1 existing) single-family residential development on approximately 87.09 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 PRELIMINARY PLATS COVER SHEET OVERALL LAYOUT AND PHASING PLAN PRELIMINARY PLAT GRADING AND DRAINAGE PLANS SANITARY AND WATER UTILITY PLANS STORM SEWER UTILITY PLANS STREET PROFILE PLANS STORM WATER POLLUTION PREVENTION PLAN DETAILS FINAL PLAT CONSTRUCTION PLANS COVER SHEET OVERALL LAYOUT, UTILITY NOTES SANITARY & WATER UTILITY PLAN STORM SEWER & STREET PLAN DETAILS SURFACE WATER MANAGEMENT WETLANDS OTHER CONSIDERATIONS SUMMARY AND/OR RECOMMENDATION PAGE 2 S:\Municipal\Aotsego23xx\2346 Hansen Heights\A-REVIEW PHASE\OT2346 RVW2.docx PAGE 3 S:\Municipal\Aotsego23xx\2346 Hansen Heights\A-REVIEW PHASE\OT2346 RVW2.docx INFORMATION AVAILABLE Preliminary Plans for Hansen Heights, dated 6/5/19, by Civil Engineering Site Design. Final Plat for Hansen Heights, received 6/11/19, by Meyer-Rohlin Land Services Constuction Plans for Hansen Heights, dated 6/11/19, by Civil Engineering Site Design Storm Water Management Plan for Hansen Heights, dated 5/30/19, by Civil Engineering Site Design. Wetland Delineation Report for Hansen Property, dated 10/30/18, by AG Wetland Services, Inc. Wetland Notice of Decision for Hansen Property, dated 11/9/18, by LGU (City of Otsego) 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 4 S:\Municipa1\Aotsego23xx\2346 Hansen Heights\A-REVIEW PHASBOT2346 RVW2.docx PRELIMINARY PLANS COVER SHEET 1. No Comments. OVERALL LAYOUT AND PHASING PLAN 2. No Comments. PRELINIMARY PLAT 3. No street centerline information is shown in the preliminary plans. But based on the lot dimensions at the right-of-way it appears that all horizontal curves have a minimum 250' radius or a 90' radius and there is a minimum 100' tangent between all horizontal curves. Please confirm. GRADING AND DRAINAGE PLANS 4. Garage floor elevation shall be a minimum of 18" above the adjacent top of curb. (Ll,B4 Ph 2 and L4,134 Ph 2 and L8,133 Ph 2 and L19,B3 Ph 2 and 5. A maximum of 2.5' would be allowed from the house elevation to the side lot line elevation (10' side yard setback) to not exceed a 4:1 slope (only R-4 zoned lots are of concern). These may require retaining walls, additional drainage easement to cover cross drainage, or the elevations adjusted. The final grading plans for each phase shall provide labels on the property line at the front and/or rear setback lines between all houses with elevations greater that 2.5'. 6. Drainage shall be direct towards the side lot lines and pushed as far to the front or rear of the lots as possible before being allowed to flow across the adjacent lot. All cross drainage shall be covered by drainage easement. 7. Update plans with new street names. Please label the existing ground EOF north of Lots 1 and 2, Block 1 Phase 3. It appears to be at approximately 924.7. 9. A dedicated overflow is needed for the Storm Basin to the creek. This overflow shall be protected with concrete -cable mat. Also, the basin shall have a maintenance path to access OCS-4. This path shall have a maximum 10:1 cross -slope and be able to be driven by City trucks. SANITARY AND WATER UTILITY PLANS 10. No comments. STORM SEWER UTILITY PLANS PAGE 5 S:\Municipa1\Aotsego23xx\2346 Hansen Heights\A-REVIEW PHASE\OT2346 RVW2.docx After discussion with the Scott Dahlke, Civil Engineering Site Design, these existing basins are dry and normally do not hold any water. If they ever do raise high enough to overland discharge onto the new Hansen Heights site the water is directed to storm sewer structures in the rear yards which is also covered by Drainage and Utility Easements. Also, installing a new storm sewer pipe beyond Hansen Heights boundary would disturbe land and trees not controlled by the developer. No storm sewer pipe will be required. STREET PROFILE PLANS 12. Odell Avenue is misspelled. 13. The vertical curve at station 8+75 along Odell Avenue does not meet a 30 -mph design speed. 14. The minimum center line slope for all streets is 0.6%. STORM WATER POLLUTION PREVENTION PLAN 15. No Comments. DETAILS 16. No Comments. FINAL PLAT 17. We recommend Lot 16, Block 2 be Outlot B. 18. The entire Outlot A shall have drainage and utility easement covering it. 19. The sanitary sewer between Lots 11 and 12, Block 1 is approx. 30' deep near the Ohland Avenue right-of-way. Only 20' on each side of the pipe is being dedicated as D&U. 30' of easement is needed on each side of the pipe. 20. Lot 17-27, Block 2 should be Lots 1-11, Block 3. This also agrees with the grading plans. PAGE 6 SAMunicipaMotsego23xx\2346 Hansen Heights\A-REVIEW PHASE\OT2346 RVW2.docx 21. All cross drainage shall be covered by drainage easement. (i.e. L2,132 and L5,132 and L2,B3 and L6,133) CONSTRUCTION PLANS COVER SHEET 22. No Comments. OVERALL LAYOUT, UTILITY NOTES 23. Provide 2 -yr, 10 -yr, and 100 -yr HWL elevations for the storm water basin(s). SANITARY & WATER UTILITY PLANS 24. No valves are shown at tees or crosses. All junctions shall have n-1 valves, where n = the number of legs at the junction. Valves shall be strategically placed to minimalize the number of houses that would lose water incase of a watermain break. Distance between valves shall be no greater than 800'. 25. We recommend turning off the street vertical curve information and contours from the sanitary and water plan sheets to help reduce clutter. 26. MH 3 is missing in the plan view on sheet C2.1. 27. The connection to the existing sanitary manhole in 75th Street may be done with an inside drop. But the last 20' of pipe into the drop shall be DIP. 28. The watermain coming up the hill from 75th Street appears to be placed at a 4:1 slope. Additional anchoring of the watermain will be needed. Consider placing the watermain at a straight grade from near MH 2 to Ohland Avenue. This would lessen the slope and may reduce or eliminate the need to anchor the watermain here. 29. Call out a length of DIP required at all fire hydrants. 30. Temporary hydrants at the end of watermain for flushing purpose on the south end of Odell Ave 31. MH 3 is missing in the plan view on sheet C2.1. 32. The existing 18" RCP storm sewer along the south side of 75th Street has an invert of approx. 920.0 where the watermain is proposed to cross. This appears to be less than 24" and will require 4" of insulation. Insulation will also be required at the storm crossing the watermain at approx. station 13+50 Ohland Avenue. 33. The water service at station 3+50 Odell Ave must be on the upstream side of the sanitary. This water service will need 4" insulation between the storm sewer. PAGE 7 S:\MunicipaMotsego23xx\2346 Hansen Heights\A-REVIEW PHASE\OT2346 RVW2.docx STORM SEWER & STREET PLANS 34. Storm sewer inverts, which outlet to detention basins, shall be placed at the normal elevation of the basin. Storm sewers may be submerged a max of %2 the pipe diameter below the basin normal elevation. 35. The corner radius of local streets to collector street shall be no less than 30 feet (Odell Ave at 75th Street). 36. The intersections shall have grade of curb radii labeled. Additional detail is needed for all pedestrian ramps showing elevations/grades in compliance with ADA requirements. 37. Concrete washout area shall be depicted. 38. P.A.B. drains are required at all low points and on the high side of pipe crossings on a slope where the pipe is protruding from the subgrade. 39. The storm pipe between CBMH 54 and 53 shall be RCP or Polypropylene. HDPE is not allowed under streets. 40. FES B is 2' above the bottom of the dry pond. We recommend lowering the invert to the bottom of the pond to eliminate erosion issues. DETAILS 41. Otsego Std Plate 701 is no longer valid. Please use/refer to MnDOT standard plates for all pedestrian ramps. SURFACE WATER MANAGEMENT 42. Verify existing ground water elevations are a minimum 3' below infiltration basin bottom. 43. Please submit revised storm sewer design calculations as well as inlet spread calculations. WETLANDS 44. No Comments. OTHER CONSIDERATIONS 45. Please submit a Geotechnical Exploration Report prepared by a professional engineer. 46. No final grading plans for Phase 1 have been received. Is it the intention to grade the entire site at one time? Also, the final plans do not have an erosion control plan included. PAGE 8 SAMunioipa1\Aotsego23xx\2346 Hansen Heights -REVIEW PHASE\OT2346 RVW2.docx 47. A statement certifying the environmental condition of the site including the presence of any hazardous substance as defined in Minnesota Statutes 11513.02, Subd 8 is required. Developer's Engineer has indicated that they have confirmed with the property owner that no hazardous substances are known. This shall be confirmed in writing. SUMMARY AND/OR RECOMMENDATION Please revise and resubmit. PAGE 9 S:\MunicipaMotsego23xx\2346 Hansen Heights\A-REVIEW PHASE\OT2346 RVW2.docx s 0 tST`F(�/Jy.�O MINNESOTeA V APPLICANT: VHF Investments, LLC 17 Jul 19 FINDINGS & DECISION FINAL PLAT APPLICATION: Request for approval of a final plat to be known as Hansen Heights. CITY COUNCIL MEETING: 22 July 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 described by Exhibit A. B. The property lies within the East Sewer District and is guided for Low Density Residential land uses by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned R-4, Residential Urban Single District; single family dwellings are a permitted use within the R-4 District. D. A preliminary plat of the property and a PUD -CUP to address certain lot requirement flexibilities was for approved by the City Council on 22 April 2019. E. The proposed final plat consists of 29 single family lots, 1 outlot, and public rights-of-way. F. The Request for Council action for the 22 July 2019 City Council meeting prepared by the City Planner, The Planning Company LLC., is incorporated herein. G. The Engineering Review dated June 20, 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: Lots within the final plat shall be subject to the following requirements: 2 Two trees within each lot (not including Lots 27 and 28, Block 2) and buffer yard plantings abutting Odean Avenue and 75th Street as required by Section 10-16-7.D of the Zoning Ordinance shall be installed in accordance with the approved landscape plan. 1 Lot Area Lot Width Lot Depth Setbacks Front Side Rear 75 1h St. Odean Ave. Wetland Interior 12,000sf. 75ft. 100ft. 35ft. 1Oft. 20ft. 65ft, 40ft. Corner 100ft. 2 Two trees within each lot (not including Lots 27 and 28, Block 2) and buffer yard plantings abutting Odean Avenue and 75th Street as required by Section 10-16-7.D of the Zoning Ordinance shall be installed in accordance with the approved landscape plan. 1 3. Plans for street design and construction shall subject to review and approval of the City Engineer including: a. Installation and operation of street lights required by Section 8-8-4 of the City Code. b. Street names shall be established in accordance with Section 10-8-10.13.13 of the Subdivision Ordinance and the Wright County grid system. C. Fabrication and installation of street signs. 4. All grading, drainage, wetland, and erosion control issues are subject to review and approval of the City Engineer. 5. All utility plans are subject to review and approval of the City Engineer. 6. The developer shall pay utility availability charges at the time of final plat approval in accordance with the fee schedule then in effect. 7. All easements are subject to review and approval of the City Engineer. 8. Outlot A shall be deeded to the City for stormwater management purposes. 9. Park and trail dedication requirements shall be satisfied by payment of a cash fee in lieu of land in accordance with the City's fee schedule as provided for by the Development Agreement. 10. The developer shall execute a development agreement as drafted by the City Attorney and subject to approval of the City Council. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: Attest: ADOPTED by the City Council of the City of Otsego this 22nd day of July, 2019. Tami Loff, City Clerk 2 CITY OF OTSEGO By: Jessica L. Stockamp, Mayor gN pee 5 $ I° e n 5 E E r,als N 3 a $e O o= U IL VJ a FSI 0E'8� `s� a a � � °� 9'v o -a° � �N o a�`ti,$ESg��y�•-g€ s � s` 2 _ 9 a 7Eea d � of°�5'II5g Y< a o a� � € � � a gg�`"gig•&gym u4.� C �^ Savv vo$ Sas�g� ggz U` n YYy, a° C la: II°=L Y Y 9ze'cry °a v= 4^ j Yo YE a x 3r Ea 3� ci 05K -ES 4 s. g� .$ �oi: g���t8 F M .I ((T���N33N- d3C_09—_ v jr ,. autos ulouaa�lh r4�n-. � le ni Is S i / ,oma" aosl O O O .'.t H S IA filly a } a a� p Is S 3'11 34aw tJ:3S, tla „ eL ag sS f = = i ,oma" aosl a d _ leroast— I a filly } p J �7 V 0 � o) — r----1 ++ � anti F--�7-- U' N z ul R 0 ---1----I ! I I a L. 3'11 34aw tJ:3S, tla „ eL ag sS f = = till �j age 11 a filly } Z U� I d radN , ` 3's4 �� 1 1• 1 FN ♦ �yy Ld w YLL \�' $ \ I s s °n17T ° I" ,,�;\\ '\\ '1�1 w _ � ,\ L- (n \ •I5'::£ \ _• � ••�� y'�<Y ID�D s cnrrY c $� 1 N.E. 5 $11 O N L� rev Yy ^w 1 �tt1M _�� N°ntYT♦ cc 40 L � 1 lag, E �SOL r_IH j i�ig 6 u]) ---------- ,, I al ja L —rani J IL Q VN & 4j j8 CC 0 L Hy 1+1 �J R — a I Ll �__—���— —oar — $��d j ^ j8Lu ~^ 13 L0 g� n lo z � Z �**■ —�) it a la�a�® r� 0 �a 81 m jg o g w j8 ISI �----ten, ---- — o, i ig Sj ~ i4 FL y biz s1 =is n g n g a el gg j LJ 8 ' 00 SF8 — HrteN. '• I '3'.: C] I Ipum s moi- 3------ � .o Q�` ---�„T. 1 1 � I I � e•,o II 81 gd°,y'j¢w• AVE. eI N.E. 11 arm I 'ruaa f I t_ _ L.j I L 8 81 )DELL 1 1 y�•si �s• 1 x �Nd�Y I s �°°z'4se°� � N G' E / O p CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2019-38 RESOLUTION APPROVING DEVELOPERS AGREEMENT HANSEN HEIGHTS WHEREAS, VHF Investments, LLC has an approved Plat known as HANSEN HEIGHTS; 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; 1. The attached Developers Agreement between the City of Otsego and VHF Investments, LLC 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 22nd day of July, 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 HANSEN HEIGHTS AGREEMENT entered into this day of August, 2019 between the City of Otsego ("City"), a municipal corporation organized under the laws of the State of Minnesota, and VHF Investments, LLC, a limited liability company under the laws of the State of Minnesota ("Developer"). 1. Request for Plat Approval. The Developer has requested that the City approve that plat entitled HANSEN HEIGHTS. The legal description of the property covered by this Agreement is as follows: See Exhibit A. The Plat contains twenty nine (29) single family residential lots and one outlot. The plat is located within the City's East Sewer District, is zoned R-4, Residential Urban Single Family District as approved by Ordinance adopted by the City Council on April 22, 2019. 2. Conditions of Plat Approval. The City hereby approves the Plat on condition that the Developer enter into this Agreement, furnish the security required by it, and record the Agreement with the Wright County Recorder or Registrar of titles within one hundred (100) days after the City Council approves the Agreement. The Developer shall cooperate with the City in recording the Agreement and all required additional deeds and documents and providing assurance that the Agreement and all required documents have been properly and timely recorded. 3. Right to Proceed. Within the Plat, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, storm sewers, water lines, streets, utilities, public or private improvements, or any buildings or structures until all the following conditions have been satisfied: 1) this Agreement has been fully executed by both parties and filed with the City Clerk, and all conditions contained in the Agreement have been met, 2) the necessary security has been received by the City, 3) this Agreement has been recorded with the Wright County Recorder's Office, 4) The Developer has initiated and attended a pre -construction meeting with the City Engineer, and 5) the Zoning Administrator has issued a letter that all conditions have been satisfied and that the Developer may proceed; or until such time as approval to commence earlier construction is specifically approved by the City, and Developer has fully complied with all conditions set forth by City staff. 4. Sanitary Sewer Service Allocation. The allocation of sanitary sewer service to twenty seven (27) of the twenty nine (29) lots within the Plat does not occur until all required security has been posted. 5. Changes in Official Controls. HANSEN HEIGHTS 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 HANSEN HEIGHTS 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, HANSEN HEIGHTS prepared by Meyer-Rohlin Land Services. Plan B Grading, Drainage, and Erosion Control Plan prepared by Civil Engineering Site Design and as finally approved by the City Engineer. Plan C Sanitary Sewer, Water Main, Storm Sewer and Streets Plans for HANSEN HEIGHTS, as prepared by Civil Engineering Site Design and as finally approved by the City Engineer. Plan D Landscape Plan for HANSEN HEIGHTS, prepared by Civil Engineering Site Design, and as finally approved by the City Zoning Administrator. K 7. Improvements. The Developer shall install and/or pay for the following: A. Streets B. Street lights C. Site grading and ponding D. Underground installation of all utilities E. Sanitary sewer lines F. Water lines G. Storm water management improvements H. Setting of lot and block monuments I. Construction surveying and staking J. Traffic control signs Improvements shall be installed in accordance with City standards, the City Code, and the above -referenced plans that have been furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits before proceeding with construction. The City shall provide adequate field inspection personnel to assure acceptable quality control, which will allow certification of the construction work. The City may, when reasonably required to do so by the City Engineer, and at the Developer's expense, have one (1) or more City inspectors and a qualified engineer inspect the work. Within thirty (30) days after the completion of the improvements and before all retained security is released, the Developer shall supply the City with a complete set of reproducible "as constructed" and an electronic file of the "as constructed" plans in AutoCAD.DWG file or a .DXF file, all prepared in accordance with City standards. Before the security for the completion of utilities is fully released, iron monuments shall be installed in accordance with Minnesota Statutes 505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments are installed following site grading, utility and street construction. 8. Contractors/Subcontractors. City Council members, City employees, and City Planning Commission members, and corporations, partnerships and other entities in which such individuals have greater than a twenty five percent (25%) ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 7 above. 9. Permits. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include, but are not limited to: A. Wright County for County Road access and work in County right of way. B. MNDOT for State Highway Access C. MNDOT for work in right of way D. Minnesota Department of Health for watermains E. MPCA NPDES Permit for construction activity 3 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 October 1, 2020, with the exception of the final wear course of asphalt on streets and landscaping. The final wear course on streets shall be installed between August 15th and October 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. 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 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 4 DEVELOPMENT AGREEMENT HANSEN HEIGHTS AGREEMENT entered into this day of August, 2019 between the City of Otsego ("City"), a municipal corporation organized under the laws of the State of Minnesota, and VHF Investments, LLC, a limited liability company under the laws of the State of Minnesota ("Developer"). 1. Request for Plat Approval. The Developer has requested that the City approve that plat entitled HANSEN HEIGHTS. The legal description of the property covered by this Agreement is as follows: See Exhibit A. The Plat contains twenty nine (29) single family residential lots and one outlot. The plat is located within the City's East Sewer District, is zoned R-4, Residential Urban Single Family District as approved by Ordinance adopted by the City Council on April 22, 2019. 2. Conditions of Plat Approval. The City hereby approves the Plat on condition that the Developer enter into this Agreement, furnish the security required by it, and record the Agreement with the Wright County Recorder or Registrar of titles within one hundred (100) days after the City Council approves the Agreement. The Developer shall cooperate with the City in recording the Agreement and all required additional deeds and documents and providing assurance that the Agreement and all required documents have been properly and timely recorded. 3. Right to Proceed. Within the Plat, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, storm sewers, water lines, streets, utilities, public or private improvements, or any buildings or structures until all the following conditions have been satisfied: 1) this Agreement has been fully executed by both parties and filed with the City Clerk, and all conditions contained in the Agreement have been met, 2) the necessary security has been received by the City, 3) this Agreement has been recorded with the Wright County Recorder's Office, 4) The Developer has initiated and attended a pre -construction meeting with the City Engineer, and 5) the Zoning Administrator has issued a letter that all conditions have been satisfied and that the Developer may proceed; or until such time as approval to commence earlier construction is specifically approved by the City, and Developer has fully complied with all conditions set forth by City staff. 4. Sanitary Sewer Service Allocation. The allocation of sanitary sewer service to twenty seven (27) of the twenty nine (29) lots within the Plat does not occur until all required security has been posted. 5. Changes in Official Controls. HANSEN HEIGHTS 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 HANSEN HEIGHTS 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, HANSEN HEIGHTS prepared by Meyer-Rohlin Land Services. Plan B Grading, Drainage, and Erosion Control Plan prepared by Civil Engineering Site Design and as finally approved by the City Engineer. Plan C Sanitary Sewer, Water Main, Storm Sewer and Streets Plans for HANSEN HEIGHTS, as prepared by Civil Engineering Site Design and as finally approved by the City Engineer. Plan D Landscape Plan for HANSEN HEIGHTS, prepared by Civil Engineering Site Design, and as finally approved by the City Zoning Administrator. K 7. Improvements. The Developer shall install and/or pay for the following: A. Streets B. Street lights C. Site grading and ponding D. Underground installation of all utilities E. Sanitary sewer lines F. Water lines G. Storm water management improvements H. Setting of lot and block monuments I. Construction surveying and staking J. Traffic control signs Improvements shall be installed in accordance with City standards, the City Code, and the above -referenced plans that have been furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits before proceeding with construction. The City shall provide adequate field inspection personnel to assure acceptable quality control, which will allow certification of the construction work. The City may, when reasonably required to do so by the City Engineer, and at the Developer's expense, have one (1) or more City inspectors and a qualified engineer inspect the work. Within thirty (30) days after the completion of the improvements and before all retained security is released, the Developer shall supply the City with a complete set of reproducible "as constructed" and an electronic file of the "as constructed" plans in AutoCAD.DWG file or a .DXF file, all prepared in accordance with City standards. Before the security for the completion of utilities is fully released, iron monuments shall be installed in accordance with Minnesota Statutes 505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments are installed following site grading, utility and street construction. 8. Contractors/Subcontractors. City Council members, City employees, and City Planning Commission members, and corporations, partnerships and other entities in which such individuals have greater than a twenty five percent (25%) ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 7 above. 9. Permits. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include, but are not limited to: A. Wright County for County Road access and work in County right of way. B. MNDOT for State Highway Access C. MNDOT for work in right of way D. Minnesota Department of Health for watermains E. MPCA NPDES Permit for construction activity 3 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 October 1, 2020, with the exception of the final wear course of asphalt on streets and landscaping. The final wear course on streets shall be installed between August 15th and October 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. 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 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 4 be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. If the Developer does not comply with the erosion control plan and schedule or any supplementary instructions, the City may, with reasonable notice and opportunity to cure, take action as it deems appropriate. 14. Grading Plan. Plat grading shall be in accordance with the approved grading plan, Plan B. The plan shall conform to City specifications and the City Code. Ponds, swales, and ditches shall be constructed on public easements or land owned by the City. Within thirty (30) days after completion of grading and before any retained security is fully released, the Developer shall provide the City with an "as built" grading plan including certification by a registered land surveyor or qualified engineer that all ponds, swales, and ditches have been constructed on public easements or land owned by the City. "As built" plans shall include field verified elevations of the following: A. Cross sections of ponds B. Location and elevations of swales and ditches C. Lot corners and house pads Occupancy permits shall not be issued by the Building Official until the grading and drainage plan is certified as set forth above. 15. Clean Up. The Developer shall promptly clean any and all dirt and debris from streets and construction sites in accordance with the City Code resulting from construction work by the Developer, its agents or assigns. 16. Ownership of Improvements. Upon acceptance by the City Council of the work and construction required by this Agreement, improvements lying within public easements and public right-of-way shall become City property without further notice or action. 17. Streets. The Developer agrees to maintain the streets in the Plat until the base course bituminous surfacing has been applied. 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. The City agrees to snow plow the streets within the Plat once the 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 that it will hold harmless, defend and fully indemnify the City from any and all liability claims of whatever nature related to and arising from such work. Any maintenance, grading or plowing undertaken by the City prior to formal acceptance of the Streets 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 s 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 applied. 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. The City agrees to snow plow the streets within the Plat once the 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 that it will hold harmless, defend and fully indemnify the City from any and all liability claims of whatever nature related to and arising from such work. Any maintenance, grading or plowing undertaken by the City prior to formal acceptance of the Streets 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 s if at least 75% build out is not achieved. However, the final wear course shall not be delayed for a period longer than two years after the base course is paved, regardless of build out; in which case, the Developer shall provide an escrow for fog sealing the streets in the event the final wear course is placed prior to 75% build out. Upon final completion of streets and formal 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 set forth on the attached Financial Summary, Exhibit B. 20. Sewer Availability Charges. The Sewer Availability Charges for the Plat due upon Final Plat approval is as set forth on the attached 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 the Plat due upon Final Plat approval is as set forth in the attached Financial Summary Exhibit 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. 24. Park and Trail Dedication. The Park and Trail Dedication for the Plat is as set forth on the attached Financial Summary Exhibit B. 25. Storm Water Management Fee. The Trunk Storm Water Fee for the Plat is as set forth on the attached Financial Summary Exhibit B. 26. Street and Traffic Control Signs. Before the City signs the final plat, the Developer shall pay the City for installation of traffic control signs (stop signs, street signs, dead-end signs and wetland signs). The said amount is as set forth on the attached Financial 6 Summary Exhibit B. Using these funds, the City shall purchase and install the street and traffic control signs. 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 Developer shall submit a fee as set forth on 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 street lights are actually constructed. Street lighting shall conform to adopted City Code. 28. City Engineering Administration and Construction Observation, Legal Fees Escrow and City Fees. The Developer shall pay a fee for consulting engineering administration following approval of the Plat. City engineering administration will include consultation with Developer and its engineer on status or problems regarding the project, monitoring during the warranty period, general administration and processing of requests for reduction in security. Fees for this service shall be the actual amount billed for those services, which are estimated to be three percent (3%) of the estimated construction cost of the Plan C Improvements to be inspected, assuming normal construction and project scheduling. The Developer shall pay for construction observation performed by the City Engineer. Construction observation shall include part or full time observation, as determined by the City Engineer, of proposed street, sanitary sewer, water and storm drainage construction and will be billed on hourly rates actually required for said inspection, which are estimated to be five percent (5%) of the estimated construction cost of the Plan C Improvements to be inspected. In the event of prolonged construction or unusual problems, the City will notify the Developer of anticipated cost overruns for engineering administration and observation services. Any amounts for engineering administration not utilized from this escrow fund shall be returned to the Developer when all improvements have been completed, all financial obligations to the City satisfied, and the required "as constructed" plans have been received by the City. The escrow and fee account shall also include estimated fees for Legal expenses actually incurred (with any excess funds, if any, returned to Developer as indicated further in this Paragraph 29), City Administrative Fee (a flat fee due upon execution of this Agreement), Trunk Water and Sewer Access Fees (a flat fee due upon execution of this Agreement), Transportation Infrastructure Costs (a flat fee due upon execution of this Agreement), Park and Trail Dedication Fees (a flat fee due upon execution of this Agreement), Street Light Maintenance and Operation Fee (a flat fee due upon execution of this Agreement) and shall be established as set forth on the attached Financial Summary Exhibit B. This escrow amount shall be submitted to the City prior to the City executing this Agreement. All administrative and legal fees related to plan review, drafting of this Agreement and any other necessary items shall be paid to the City prior to execution of this Agreement. Any amounts for legal and engineering not utilized from this escrow fund shall be returned to the Developer when all improvements have been completed, all financial obligations to the City satisfied, and the required "as constructed" plans have been received by the City. All other amounts listed as flat fees are non-refundable and available immediately for City use when posted. 29. Security. To ensure compliance with the terms of this Agreement, and construction of all public improvements, the Developer shall furnish the City with a cash escrow or Irrevocable Standby Letter of Credit with automatic renewal provisions in the amount as set forth on the 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 October 1, 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. A warranty security as set forth on the attached Financial Summary Exhibit B shall be posted with the City as set forth in paragraph 34 of this Agreement. The warranty period shall be a twelve (12) month period after the applicable work has been completed. Notwithstanding the posting of that warranty security, the security shall not be reduced below ten percent (10%) of the posted security until all Improvements have been completed, all financial obligations to the City satisfied (which includes posting of warranty security), and the required "as built" plans have been received by the City. The intent of this Agreement is that the City shall have access to sufficient security, either security or warranty security, to complete the project and insure warranty on all public improvements at all times. s 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 set forth in the attached Financial Summary Exhibit B. 30. Landscaping. The Developer shall install two (2) 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 fail to install landscaping according to this Agreement. Landscaping security to insure compliance with the approved Landscape Plan shall be $3,000 per lot to be posted with the City at the time of application for a building permit on each lot. Any trees which can cause a public nuisance or public hazard, such as bug infestation or weak bark, are specifically prohibited. The Developer, Builders or Property Owners (applicant for building permit) in the residential lot area shall sod all front yards within the buildable portion of each lot and shall post any security required by the City to assure landscaping or other items in compliance with the City Code at the time of application for a building permit on each lot. The Developer, Builder or Property Owner shall provide not less than six (6) inches of topsoil in required front yards or side yards abutting public rights-of-way. Where slopes lie in excess of ten (10) percent, sodding (staked) shall be required. Weather permitting, the trees, grass seed and sod shall be planted before Certificates of Occupancy are issued. All grass seed shall be maintained so that turf is established within one (1) year of planting. If landscaping as required by the City Code and this Agreement is not timely completed, the City, after reasonable notice and opportunity to cure, may enter the lot or lots, perform the work, and apply any posted security toward the cost. The Developer, it assigns or successors, Builder or Property Owner will provide will provide all trees, grass, seed and sod within the Plat and shall maintain said plantings and warrant them to remain alive, of good quality and disease free for twelve (12) months after planting. Any replacement shall be warranted for twelve (12) months from the time of planting. Developer is also required to implement a Landscaping Plan including buffer yard landscaping along City collector and arterial streets as well as designated other plantings. Security shall be posted in order to insure compliance with the approved Landscaping Plan. 31. Significant Trees. There are no significant trees within the Phase. The Developer is not required to replace any significant trees. 9 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 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. 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: Developer shall convey Outlot A to the City. 36. Responsibility for Costs. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by them or the City in conjunction with the development of the Plat, including, but not limited to, legal, planning, engineering, and inspection expenses incurred in connection with development of said 10 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 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 11 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 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 12 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: Henry Hansen, VHF Investments, LLC, 14505 43rd Avenue NE, Plymouth, MN 55446. 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 13 CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk DEVELOPER VHF INVESTMENTS, LLC M 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 the for VHF Investments, LLC, a Minnesota Limited Liability Company with authority and on behalf of the company. DRAFTED BY: MACARTHUR LAW OFFICE, LLC 3601 Thurston Avenue North Suite 103 Anoka, MN 55303 (763)231-5850 15 Notary Public EXHIBIT A LEGAL DESRIl'TION The North Three Quarters of the North Half of the Southeast Quarter of Section 28, Township 121, Range 23, Wright County, Minnesota except the North 172 feet of the West 348 feet of the North Three Quarters of the North Half of said Southeast Quarter and except the South 29.88 rods of the West 133.84 rods of the North Three Quarters of the North Half of said Southeast Quarter and except that part of the North Three Quarters of the North Half of said Southeast Quarter which lies South and West of the following described line: Commencing at the northwest corner of the Southeast Quarter of said Section 28; thence South 01 degrees 05 minutes 27 seconds East; assumed bearing, along the west line of said Southeast Quarter of Section 28 a distance of 172.00 feet to the point of beginning of the line to be described; thence North 89 degrees 19 minutes 43 seconds East 531.50 feet; thence South 00 degrees 37 minutes 51 seconds East 11.97 feet; thence Southerly 126.72 feet along a tangential curve concave to the east having a radius of 1030.0 feet and a central angle of 07 degrees 02 minutes 56 seconds; thence South 07 degrees 40 minutes 47 seconds East tangent to said curve 109.84 feet; thence Southerly 77.53 feet along a tangential curve concave to the west having a radius of 970.00 feet and a central angle of 04 degrees 34 minutes 46 seconds to a point on the north line of the South 29.88 rods of the North Three Quarters of the North Half of the Southeast Quarter of said Section 28 and said line there terminating. Iwo The South 29.88 rods of the West 133.84 rods of the North three- fourths of the North Half of the Southeast Quarter of Section 28, except the South 200.00 feet of the West 1089.00 feet of said North three- quarters of the North Half of the Southeast Quarter of Section 28, Township 121, Range 23, Wright County, Minnesota. The West'/4 of the North 2/3 of the West 3/4 of the North Half of the Southwest Quarter of Section 27, Township 121, Range 23, Wright County, Minnesota. Outlot A, HIDDEN HAVEN, according to the recorded plat thereof, Wright County, Minnesota. Vacated Packard Avenue N.E. dedicated in HIDDEN HAVEN, according to the recorded plat thereof, Wright County, Minnesota, being the easterly 40.00 feet of said plat of HIDDEN HAVEN. 16 The west 330.00 feet of the east 660.00 feet of the South Half of the Southeast Quarter of Section 28, Township 121, Range 23, Wright County, Minnesota. 17 EXHIBIT B FINANCIAL SUMMARY (ATTACHED) 18 pj 'LnoAvS31ON Alnflll m • ,,,�— sn/ wH t wl��a wH t as .te aiVAW F- l 77vK3no vn rv= 3TJS TauXN 31r�S rVAOZBGN I� W/a+Lseue � e o NDMaRUS as aFoseuuDNIVY.YWONd'I AD ;Ig Qapy�yl 1� o py 'o0ealp W J E� BKFi �' 6t tt 9 1tl z s 3 rLn kI11N3W3AOHdWf as '`snevaa ? 1Al A1171m1n pNV 133S "+Y+�"'°S o V S1H`J13H N3SN t/H ��ip•: .Kr �nrov•n.fvn st Ft &a �w �J a>+ x.amrai ta�+i J€; 'n Z pia — 3 ¢ 5 Eli t4 Li Wn Nt Fn c s B SA `t o�t� t � • � J !fits � o m �� fir � 1 } `— —,_._• � �€-- _�.:"�-_ � --, , ; � ,,;<a'�3� r � _� 5�1i;o� Ft {� ���o� _—j, aIt rL Fr tai a< W� I-II �W 'i a€ a all -- ;Fmi— 21, ii I I� � wEgal =� _ —+—i1, 7= ..xY�=1;�iu_< Rs 8. fi�,u€3 1 g gv aW"r9£ga; &ae i I r-- a all �� I •�—�c ' <E—� 'G� t I >•C � ' —� ' ,;�€a ' —E t ria€ ��_� r r F ��o�o� ���n�a�� t I ''�` j ra�a3s .a€ai L L__ o 3 1 aa s ! ci HANSEN HEIGHTS IST ADDITION EXHIBIT Summary of Financial Responsibility Developer's Agreement City of Otsego VHF Investments, LLC I. Security - Letter of Credit A. Site Grading, Erosion & Sediment Control and Wetland Protection B. Sanitary Sewer - Lateral & Trunk C. Watermain - Lateral & Trunk D. Storm Sewer - Lateral E. Streets F. Engineering & Surveying Construction Services (6.5%) G. Landscaping Subtotal Total Irrevocable Letter of Credit for Security (125% of Subtotal) II. Escrow - Cash A. Legal Service - 1.0% of $878,656.00 B. City Administrative - 1.0% of $878,656.00 C. City Construction Administration and Utility & Street Inspection 8% of $878,656.00 D. Trunk Water & Sewer Access Fees 1. Trunk Sewer SAC 27 REC X $2,552 /REC 2. Trunk Water WAC 27 REC X $1,781 /REC E. Trunk Storm Water Management Impact Fee 39.77 Gross Ac X $2,476 /Gross Acre F. Park & Trail Dedication Fee 27 Units X $1,968 /Unit G. Street & Traffic Control Signs 26 Signs X $250 /Sign H. Street Li hts 51 Lights X $500/light I. GIS Data Entry Fee 39.77 Ac X $100 /Acre Total Escrow Cash $55,200.00 $162,253.00 $189,689.00 $239,232.00 $287,482.00 $59,700.00 $39,870.00 $1,033,426.00 $1,291,782.50 $8,786.56 $8,786.56 $70,292.48 $68,904.00 $48,087.00 $98,470.52 $53,136.00 $6,500.00 $2,500.00 $3,977.00 $369,440.12 PAGE 1 OF 2 7/18/2019 HANSEN HEIGHTS 1ST ADDITION EXHIBIT Summary of Financial Responsibility Developer's Agreement City of Otsego VHF Investments, LLC III. Development Credits A. Trunk Sanitary Sewer $0.00 B. Trunk Watermain $0.00 C. Trunk Storm Water Management $0.00 D. Park & Trail $0.00 E. Transportation Infastructure $0.00 Total Development Credits $0.00 IV. Development Warranty Letter of Credit A. Sanitary Sewer $162,253.00 x 15 % $24,337.95 B. Watermain $189,689.00 x 15 % $28,453.35 C. Storm Sewer $239,232.00 x 15 % $35,884.80 D. Streets 1,825 LF x $25/LF $45,625.00 E. Erosion & Sedimentation Control 27 Lot x $250/1-ot $6,750.00 Total Warranty Letter of Credit $141,051.00 PAGE 2OF2 7/18/2019