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ITEM 4.1 Lil ExplorersOtkoo MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 23 September 2019 PRESENTER(s) REVIEWED BY: ITEM #: City Planner Licht City Administrator/Finance Director Flaherty 4.1— Lil Explorers STRATEGIC VISION MEETS: I THE CITY OF OTSEGO: 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. Held by Planning Commission 16 September 2019 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. consideration of a PUD Development Stage Plan and preliminary and final plat. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of a preliminary/final plat and PUD Development Stage Plan and execution of a development agreement. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes Held by Planning Commission 16 September 2019 BACKGROUND/JUSTIFICATION: Lil Explorers is proposing development of a 16,171 square foot daycare facility within Great River Centre of Otsego located south of 87th Street and east of Parson Avenue. The proposed development requires consideration of a PUD Development Stage Plan and preliminary and final plat. A public hearing to consider the applications was held by the Planning Commission on 16 September 2019. A representative of Lil Explorers was present to agree with the comments by City staff and address questions. There were no public comments. The Planning Commission very much liked the architectural design of the proposed building and thought that the proposed business is needed in Otsego. The Planning Commission did question the safety of the proposed outdoor play areas in the yard adjacent to Parson Avenue. The Lil Explorers representative stated that the proposed fence is typically 5 feet in height and that the play area is always monitored by staff. The Planning Commission added a condition that the fencing surrounding the outdoor play areas be a minimum of 5 feet in height. There were no other comments and the public hearing was closed. The Planning Commission voted 4-0 to recommend approval of the applications. SUPPORTING DOCUMENTS ATTACHED: I ■ Planning Report dated 12 September 2019 ■ Engineering Review dated September 11, 2019 ■ Findings of Fact and Decision ■ Resolution 2019-50 approving a development agreement ■ Development Agreement POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES: I Motion to approve a preliminary/final plat of Great River Centre of Otsego Sixth Addition, adopt Resolution 2019-50 approving a development agreement, and approve a PUD Development Stage Plan for Lot 1, Block 1 Great River Centre of Otsego Sixth Addition subject to the conditions as stated in the findings of fact and decision as presented. R[mr.17T INFORMATION FUNDING: BUDGETED: N/A TPC The Planning Company PLANNING REPORT TO: FROM: REPORT DATE: ACTION DATE: RE: TPC FILE: BACKGROUND 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com Otsego Planning Commission D. Daniel Licht, AICP 12 September 2019 26 October 2019 Otsego — Great River Centre; Lil Explorers Daycare 101.02 Lil Explorers is proposing development of a 16,171 square foot daycare facility within Great River Centre of Otsego located south of 87th Street and east of Parsons Avenue. The proposed development requires consideration of a PUD Development Stage Plan and preliminary and final plat. A public hearing has been noticed for the Planning Commission meeting on 16 September 2019 at 7:OOPM. Exhibits: • Site Location Map ■ Site Plan ■ Exterior elevation plans (3 sheets) ■ Building floor plan • Landscape Plan ■ Exterior lighting plan • Grading, Drainage, Erosion Control and Utility Plan (2 sheets) ■ Preliminary Plat ■ Great River Center of Otsego Sixth Addition Final Plat 1 ANALYSIS Comprehensive Plan. The Comprehensive Plan guides the area that includes the Great River Centre of Otsego for commercial land use as part of the City's primary retail, service, and office development area. The proposed daycare use is consistent with the land uses guided by the Future Land Use Plan and will provide for a expansion of service business in Otsego, as well as day -time employment market support for surrounding businesses. 'Zoning. The City Council approved a PUD District for the Great River Centre of Otsego on 13 March 2006 that is based upon the uses and performance standards as allowed within the B-3, General Business District. Daycare uses are an allowed use within the PUD District subject to the performance standards established by Chapter 30 of the Zoning Ordinance. Surrounding Land Uses. The table below summarizes land uses surrounding the subject site. The proposed daycare use will be compatible with and complementary to the existing and planned commercial uses within the Great River Centre of Otsego. Direction Land Use Plan Zoning Map Existing Use North Commercial GRC PUD District Edina Realty Target/Retail East Commercial GRC PUD District Undeveloped South Commercial GRC PUD District Undeveloped West Commercial GRC PUD District Undeveloped Wings Financial Tires Plus Building Design. The PUD District for Great River Centre established design guidelines for building architecture and exterior finishes encouraging horizontal lines and high pitched roofs for vertical presence. The building exemplifies the intent of the design guidelines with varied horizontal sections under flat roofs and pitched roofs above the front and entrance portions of the structure. Colors are also used effectively to break up the mass of the structure. Section 11-17-4.D.1 of the Zoning Ordinance requires that the proposed building utilize brick, stone, and glass for a minimum of 65 percent of the exterior surface. The proposed building is to be constructed of exterior materials consisting of a stone and brick masonry units, composite panels, and windows. The masonry materials and glass comprise 66.1 percent of the exterior finish of the building and comply with the requirements of the Zoning Ordinance. The PUD District establishes height envelope limits within Great River Centre to preserve the view corridor of Target from TH 101 and Parrish Avenue (CSAH 42). The subject site is restricted to a maximum building height of 40 feet. The proposed building is to be a single story with a height of 27 feet for the flat roof over the mid-section of the building. The height of the proposed building complies with the PUD District standard. RA Landscaping. The submitted landscaping plan provides for planting of maple trees in the boulevard abutting Parsons Avenue at 40 feet on center for an appropriate streetscape treatment. The outdoor play areas on the west side of the building have a fence with daylilies and grasses planted along the outside. There are to be aspen trees and Karl Forester grasses along the private drive on the north side of the site that will screen the parking areas. We recommend that the landscape plan be revised to provide additional plantings along the south elevation of the building and south lot line. The types and sizes of the proposed plantings comply with Section 11-19-2.B of the Zoning Ordinance. Section 5-2-3.C.2 of the City Code requires that commercial properties provide an inground irrigation system for all yards, parking lot islands, and boulevards adjacent to the lot. The planting note on the landscape plan indicates that an inground irrigation system is to be installed to comply with the City Code. Outdoor Play Areas. There are outdoor play areas on the east and west sides of the building. These outdoor play areas are to be enclosed with a fence. No details have been provided regarding the fence. We recommend that the fences be constructed of black vinyl coated chain link or decorative metal rods for aesthetic as well as security purposes. Plans for the proposed fences must be submitted and are to be subject to review and approval of the Zoning Administrator for compliance with Section 11-19-4.1-1 of the Zoning Ordinance. Lot Requirements. There are no minimum lot area or lot width requirements within the PUD District. The proposed building is to be setback 35 feet from Parsons Avenue. There are outdoor play areas in the yard between the building and Parsons Avenue that adds activity in the area. The proposed building location complies with the requirements and intent of the PUD District. Access. The subject site abuts Parsons Avenue with access to the site via a shared driveway on the north side of the proposed lot. Documents establishing ingress/egress over the shared driveway were recorded concurrently with the final plat of Great River Centre of Otsego Fifth Addition (Edina Realty). The shared driveway is 30 feet wide based on traffic circulation needs the same as that for the commercial uses on the west side of Parsons Avenue. There are 2 entrances from the shared driveway into the subject site. The easterly drive is aligned with the accesses to the Edina Realty parking lot. Off -Street Parking. The PUD Design Guidelines recommend placement of off-street parking areas to the side or rear of the principal building. The proposed off-street parking area is to the north and east of the building, which screens the area from view of Parsons Avenue consistent with the PUD Design Guidelines. The off-street parking area is setback 40 feet from Parsons Avenue and 10 feet from the south property line, which comply with Section 11-21-5.13 of the Zoning Ordinance. Section 11-21-8 of the Zoning Ordinance requires daycare uses to provide 1 off-street parking stall per 4 persons of licensed capacity. The developer indicates that the facility has a licensed capacity of 189 children for a minimum requirement that 48 parking stalls be required. The site plan provides 48 off-street parking stalls with 2 van accessible disability stalls located 3 adjacent to the front entry to the building to comply with Americans with Disabilities Act (ADA) requirements. The parking stalls are 19 feet deep (with a 2 foot overhang of the curb) by 9 feet wide. All of the parking stalls are accessed by drive aisles that are at least 24 feet wide. The dimensions of the off-street parking area comply with Section 11-21-7.A and B of the Zoning Ordinance. The off-street parking area is surfaced with a bituminous material as required by Section 11-21- 7.0 of the Zoning Ordinance. The perimeter of the off-street parking area has a concrete curb as required by Section 11-21-7.D of the Zoning Ordinance. Sidewalks. A 5 foot concrete sidewalk is to be constructed along Parsons Avenue abutting the subject site. The site plan provides an interior sidewalk along the north and east elevation of the building connecting to the sidewalk on Parsons Avenue. Signs. The building elevation plans identify an 18 square foot wall sign located on the north elevation of the building. The area of the proposed sign is within the allowances of Section 11- 37-5.C.3 of the Zoning Ordinance. The placement of a wall sign on each of the of the building elevations is allowed by the PUD District and may be added in the future. The site plan does not identify any freestanding sign upon the property. If a freestanding sign is proposed, it must be shown on the site plan with details provided. Exterior Lighting. The developer has submitted an exterior lighting plan for the subject site. Light intensity measured at the west and south property line is limited to 0.4 foot-candles, which the lighting plan complies with. The specifications for the freestanding lighting fixtures shows that the light source is to be a LED with a horizontal shield mounted on a 25 foot high poll. The freestanding lights comply with Section 11-16-6.C.3.a and Section 11-16-6.C.4.a(1) of the Zoning Ordinance. The building elevations show decorative lighting for the wall sign on the north building elevation, which are allowed by Section 11-16-6.C.3.b of the Zoning Ordinance. Trash Enclosure. The site plan includes a storage area for exterior trash and recycling containers on the east side of the building adjacent to the off-street parking area. The trash enclosure is setback 10 feet from the south property line. The proposed enclosure uses must use materials consistent with the exterior finish of the principal building is subject to review and approval of the Zoning Administrator for compliance with the requirements of Section 11- 18-4.0 of the Zoning Ordinance. Utilities. The subject site is to be served by City sewer and water utilities within the East Sewer District. The utility plan for connection to City sewer and water utilities is to be subject to review and approval of the City Engineer. The developer must pay sewer and water availability charges for Lot 1, Block 1 at the time of final plat approval as these were not paid with the final plat approval for Great River Centre of Otsego. Sewer and water connection charges for Lot 1, Block 1 will be paid based on the area of the proposed building at the time a building permit is 4 issued. The final plat is to be revised to designate Lot 2, Block 1 as an outlot for future development and defer utility availability charges. Grading Plan. The developer has submitted a grading plan for the subject site. The proposed grading plan and all stormwater management and erosion control issues are subject to review and approval of the City Engineer, Easements. A drainage and utility easement is shown to be dedicated at the perimeter of Lot 1 a, Block 1 as required by Section 10-8-12.A of the Subdivision Ordinance. The drainage and utility easement should be increased to 10 feet in width along the south lot line. All drainage and utility easements are subject to review and approval of the City Engineer. Park Dedication. Park dedication requirements for the platted lots within Great River Centre of Otsego were satisfied at the time of final plat approval. No additional park dedication is required for the proposed preliminary and final plat subdividing the subject site. Development Agreement. The proposed preliminary and final plat involves public improvements and connections to City utilities. The developer is required to enter into a development agreement with the City as provided for by Section 10-10-4 of the Subdivision Ordinance. Approval of the PUD Development Stage Plan, including conditions thereof, is also to be addressed within the development agreement in accordance with Section 11-36-4.D.7 of the Zoning Ordinance. The Development Agreement is to be drafted by the City Attorney and is subject to approval of the City Council. RECOMMENDATION The proposed Lil Explorers daycare building and site plan complies with the requirements of the Great River Centre PUD District, Zoning Ordinance, and Subdivision Ordinance. City staff recommends approval of the applications as outlined below. POSSIBLE ACTIONS A. Motion to recommend approval of a preliminary/final plat for Great River Centre of Otsego Sixth Addition and PUD Development Stage Plan for Lot 1, Block 1 subject to the following conditions: The landscape plan shall be revised subject to review and approval of City staff to provide for plantings along the south lot line. 2. One freestanding sign constructed as a monument structure with materials consistent with that of the principal building having an area of up to 64 square feet and height of up to 18 feet shall be allowed for Lot 1, Block 1. 3. Plans for the proposed fences, to be constructed of black vinyl coated chain link or decorative metal rod, shall be submitted and are subject to review and approval of the Zoning Administrator for compliance with Section 11-19-4.1-1 of the Zoning Ordinance. 4. Plans for the proposed trash enclosure shall be subject to review and approval of the Zoning Administrator for compliance with the requirements of Section 11- 18-4.0 of the Zoning Ordinance. 5. The developer shall pay sewer and water availability charges for Lot 1, Block 1 at the time of final plat approval. 6. The final plat shall be revised to designate Lot 2, Block 1 as Outlot A. 7. All utility plans are subject to review and approval of the City Engineer. 8. All grading, drainage, and erosion control issues are subject to review and approval of the City Engineer. All easements are subject to review and approval of the City Engineer. 10. The developer shall execute a development agreement, subject to review by the City Attorney and approval of the City Council. B. Motion to recommend the application be denied based on a finding that the request is inconsistent with the Comprehensive Plan and requirements of the Zoning Ordinance and Subdivision Ordinance. C. Motion to table. Adam Flaherty, City Administrator/Finance Director Tami Loff, City Clerk Andy MacArthur, City Attorney Ron Wagner, City Engineer Steve Fisher, Arrow Companies Russ Rosa, Rosa Architectural Group, Inc. TM ,n,,, Beacon Wright County, MN Overview Legend Roads — CSAHCL — CTYCL — MUNICL — PRIVATECL — TWPCL Highways Interstate — State Hwy — US Hwy Citylrownship Limits ❑ c ❑ t o❑ Parcels A j IS LEGAL DESMIMON 6 • en°invent o.wl A 0[.15Ind wive s Ris:m IFiI .m°e< syn bwA Imel. tuO D.hun pROPEAiY INFOM1MAiION ENGUIFFA/GURVEYOM1 wiiuc,H E° Ilu>Imfnp 1VMA9 Ab Fva®° NI°R'S EDfA0 aAtiY\ w Sill¢i� =ROPER ,a NER F°as.i�4°1s�a'PZ, 15 (jjn S RrGET. s °s �esr, w uus a DEVELOPER — i...Isiw. Su Pi.n b. E ZONING IIIF00.HAT[ON w.k w uai �• 1 _ mE°. W Nb I —� � DS- DP.nom n.im6u� L, I-_�%%%»'��I --- -� - T_ I -r= -- SIGNIF[fAliF MMLJ I I nr. •..a .IEnImA Vr... w I! —� j I SMRNWAiER �..rA .ecs+Ml.l'wr. 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FDslxlax�auadlHTumErso m.w,r llr6oEaExC£1VRII.ISN.VE RIFAWALL FSGVATEf tY T,� VI C £ r..•.a.mxxo.w.r�xors sx�wav¢aanru � rEtailnE amenuEEuvAnal PEilE ernaiExml E - n .-..-..--- -- 1' "' �-- ------ jy1,N+f avEMOHaEVATEAATOATLoIYOMTERE I'ic.es,oaEiMP MSE SAOaxEMTE,ANa e•RVIaWtgAll lLN£TelSE S rm E (HeuuoEol neAiioxe TxETn oFTECUUECo..ICiED eAEE aE�r reeaornEammeEss�vATga T,E.AErro � ^ - r'EMMdWmIVITUVETWLLBE 10.1?ARYiE METaraTle ELEVATION VIEW i r sy' aumwlTuwEc� V i'rI _ :s awro4llTw•>EIm TIErxfvAuuawsfsdse iM1Eq I«..ET lI,NEE,IMN V,YaET 9 vxw fi .ur.a•..wnuco.r A.x...d.n..l AVOEITptALL aaw. Tai ElEVAxnxEanEiM.ugaqun wTaTIEToiaTHEacsax nEErxEErsoEAwTeErmae � B la,sv.nuxa - nEtiwiAwlalwTuvEiaHnErmETExrox scE � u .x...��f ���� l,, _ - LNaiNLEIPNEpHChRPAC]gxlWtwIEALLORASIEETOF � �� � �— sm v.,. AVao CaIKiETEeeETeFFErE Wl1WANET. �� � 9 c' £ . a e.a L aRxTofiegTxEDrnwamiwu soeairlEnaaT. LRFIIWAeIEfITFAWAlLL101AD eE esTAUEammIaTEA � c oC LAar� � ' � ` • � •"� � iAeluafAt nirtw auwnwTwnEioaiT, q ud' .xo..,. IIII—IIII—IIII- =IIII '~' IIf=ml=ill— • . .IIII= � rTlErn���nEa�Aa.+a�%+sEnlow�wreorow. ` e i � IIII=IIII=IIII= =__ —_— — — t=_= —IIII calm reunagpmEaaElr f.�eElaW nE 3930;0. _ _ TARIEaHE Euvnrun ""� Ilt=tlfl=flil=llh—=fiiII—IIII=IIII=IIII=IIII=IIII=IIII=IIII—IiIi ,AANUFAMUREDDY: �PORiBRRff C3 INFILTRATION BASIN PRETREATMENT CHAMBER DETAIL L GREAT RIVER CENTRE OF OTSEGO SIXTH ADDITIOJV h _ R = _ c n= I QUADAY ` PRELIMINARY PLAT .----------- =I=' �-- ^"�" IFfi�I DESOtIPIION a •ex n[[i[ho W1x 4 Out MTII m10E O 0,4W fEp rmrol rM� Cmry, v...et. IWC tS,I PROPERTY INPo Mk ENGINEER/SORVEYOR fll .Ie"�n PR IIeWmNW 9Rh»9 x0D+OEL AD'lES PDDeD RVI O. O�NOV. OY YIN PROPERW MNER 87'H J I REU iirL R TI1 Cry Ps1 _ es YI, n DEVELOPER 3 d a v zoxDx; wroRNRnaI SEfBRCI(5 PuMnIOT INFORT10H ;EnµDa ' - -- ^- FL000PulxN_ �---' `---� I w i ...mom (�i --�I — -- - SIGN Ifi CANT TREES „ • T. roTx Nn —1 W0 .. O _ O i :Tuxsemau STOR ATER O 2 \ r - I dL -- -- y,-. -------------- uxDM w I � f ilkI DEi#f4a0.R aEv. xse.n / I. T Y \ I � i . OT .------„ 1 1 I 2 $ a1.00K g� C. II f- lµniiY � - - � I -J. ✓ I .. rr c r--------- esl �-- ----- --- --`_' e �aI`—I . r--------- �mMne•a�c SI, 0UTLC' any^� xw.x, • ¢wxz Ral llvu.Txrewa -� �--------------~ --- re o gmuas� eruMw r ----- "� �C ' _ — —a c I( 4' 1930 GREAT RIVER CENTRE OF OTSEGO SIXTH ADDITION I I � W �ryaaayltlw, tl..w4 w.t R' E ,. T R I—� R I--'—' R c T S E G C-- A�EA,� �.EOo�o�Rana.wc.ww... J C, 1---- _ _ — — _ — _ _ — ,,.. �i1aa'�+,."n`a.®°"'�1....n°...e�•�wtia"�'iormsfcomx.mrau..+:.....m o-...wr. r+r1w• »•c+.nvaa.i...w..w.nr.e<.rw...r...ewww«a..�.-:h.•h._m,a 67TH MTREET, NE � f »•�� »» ry r —1 MfYYUT VICINITY MAP ttAarM.omA ---- —__ ax ----- --------- — --- — ---- ---- s¢ aw ua » c I SM .,. 0 T � I ,�'" � �:• i s,..w..w...wv.�, �.r a...w.wr...�..k a.......a,E«.«�-.....nw.. o..e I.. i >" vW:::e.vw � r C i S •� '" W ._ V C � a I A Aveoeu»ewrA L 2 E.a.»... BLOCK L o , _ .ar....... ... L! i aLocK ^» t ntl ca ri n ry u+,ee h xhx�. --- -- — ---------- ---------- — -- ---- '".w w N ? fNYYUY " J ti r If'"0°w.a.w°° ,a twww�6wu.ts.wumattaaa�xw iia. w..nhwew.iranf n._an.a_ »• I 0uTL0T a `� 4' t�� .a CJ � t rWN+a..+r svnty r ` I_ — — -- — -- — _ — — — _ — '' O LOT i BLOCK 4 c c isu CIG lANO MING Main Office: 4 0 Hakanson 3601 Thurston Avenue, Anoka, MN 55303 Ph11AAone: 763/427-5860 Fax: 763/427-0520 Anderson www.haa-inc.com am MEMORANDUM TO: Honorable Mayor and City Council CC: Adam Flaherty, City Administrator/Finance Director Tami Loff, City Clerk Dan Licht, City Planner Andy MacArthur, City Attorney Jeremy Spaude, developer Curt Kallio, SISU Land Surveying and Engineering FROM: Ronald Wagner, City Engineer Brent Larson DATE: September 11, 2019 RE: Great River Centre of Otsego 611 Addition (Lil Explorers)— Preliminary and Final Plat Submittal Review We have reviewed the following information provided by SISU Land Surveying and Engineering, dated 8/26/19, for Great River Centre of Otsego 6th Addition: Certificate of Survey/ Existing Conditions Preliminary Plat Final Plat Civil Grading and Construction Plans Architectural Plans, by Michael J Thomas Architect HydroCAD Report Landscaping Plan, dated 8/23/19, by Brodsho Consulting The submittal is to be considered for preliminary and final plat acceptance and therefore must meet all requirements pertaining to both. We would offer the following comments: Preliminary Plat & Certificate of Survey 1. Provide a contact phone number for the developer. 2. The preliminary plat shall include the following additional existing condition information: a. Label the existing street and right-of-way widths for Parson Avenue and 87th Street. b. Location, size, and elevations (including inverts) of existing sewers, watermain, culverts, and other underground facilities within 150'. The utilities along 87th Street are missing completely and the water and sanitary sewer stubs along Parsons are missing sizes. c. Identify by name and ownership adjoining unsubdivided or subdivided land, within 150'. d. Locations and results of soil borings, percolation tests, etc. September 11, 2019 Page 2 e. Statement certifying the environmental condition of the site including the presence of any hazardous substance as defined in Minnesota Statutes 11513.02, Subd 8. f. Geotechnical data. 3. Additional hydrant coverage will be necessary for the proposed building. A maximum spacing of 300' feet (150' radius) is required. All hydrants and watermain shall be covered by 20' easements centered on the pipe. A maximum spacing of 300' feet (150' radius) is required. 4. List the benchmark datum. It appears that the datums is 1988. Most projects and as -built plan in Otsego are based on the 1929 datum. Verify that any elevations used from any provided as - built plans are on the same datum. Provide an equation relating the 1988 and 1929 datum in this area. Final Plat 1. See comment #3 2. A 10' wide drainage and utility easement is required along all outlots. Provide a 10' easement along the south property line of Lots 1 and 2. 3. A right of access agreement is required for the street along the north property line for Lot 2, Block 1 of Great River Center 6th Addition and Lot 1, Block 1 of Great River Center 5th Addition. Civil Planq Title Sheet/ Civil Site Plan (Sheet Cl) 4. Provide a "key map" of the area. 5. Please provide the name of the plat (Great River Center 6th Addition) on each sheet. We recommend including this in the title block. 6. Plans shall be signed by a Licensed Professional Engineer. 7. The Provide a datum for the benchmark each plan sheet. Provide an equation relating the 1988 and 1929 datum in this area. 8. Provide a contact phone number for the developer. 9. Provide an approval signature line for Ronald J. Wagner, City Engineer. 10. See comments #2.a and #3. AAHakanson lAnderson September 11, 2019 Page 3 11. Articulated Concrete mats (Cabled Concrete) are required at the end of the stormwater discharge pipe into Outlot B. Revise the detail on sheet 3 calling out Riprap Class 2. 12. The unused water curb stop shall be removed near Play Area B. 13. Label the infiltration basin's NWL, 2 -yr, 10 -yr and 100 -yr HWL elevations (all sheets). 14. A concrete valley gutter at the entrance to Parson Avenue is required (mirror west side entrance). 15. Above Standard lights shall be installed on the east side of Parsons Avenue. Grading, Drainage, Esc & Utility Plan 16. Concrete curb and gutter is required to be removed on the south side of the road for the new entrances to the project. A valley gutter appears to be needed at the west entrance as the existing curb and pavement is proposed at only 0.5%. 17. Provide a berm or spot elevations showing a berm along the infiltration basins above the 100 - yr HWL along the east property line. We recommend providing a protected emergency overflow (861.5) at the south end of the infiltration basin into the storm pond to the south. 18. The infiltration basin shall be protected from construction traffic. 19. Infiltration testing results are required after construction to verify final results. Have infiltration tests been completed on site to verify design? Stormwater Management 1. The existing Great River Centre stormwater management plan accounted for the full built out of the entire Great River Centre. Therefore, only the new NPDES requirement of infiltrating the first 1.1" rainfall from newly created impervious area is required to be done onsite. The proposed infiltration basin appears to provide the required treatment volume. 2. A "draw down" calculation shall be provided for the infiltration basin. The water quality volume draw down time shall not exceed 48 hours. 3. Provide the stormwater model/calculations for the infiltration basin for the 2, 10, and 100 year storms using the ATLAS 14 rainfall events. Summary and/or Recommendation We recommend approval contingent upon the above comments being addressed. Hakanson ---,]]And erson OtSegCITY o F MINNESOTA APPLICANT: Lil Explorers Daycare 17 Sep 19 FINDINGS & DECISION PUD DEVELOPMENT STAGE PLAN/ PRELIMINARY/FINAL PLAT APPLICATION: Request for approval of a PUD Development Stage Plan and Preliminary/Final Plat for Great River Centre of Otsego Sixth Addition. CITY COUNCIL MEETING: 23 September 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 properties is Outlot A, Great River Centre of Otsego Fifth Addition, City of Otsego, County of Wright, State of Minnesota. B. The property lies within the East Sewer District and is guided for commercial land uses by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned PUD, Planned Unit Development District in accordance with the Ordinance adopted by the City Council on 13 March 2006. D. The developer is requesting a PUD Development Stage Plan and preliminary/final plat for development of a 16,171 square foot daycare facility. E. The Planning Commission and City Council must take into consideration the possible effects of the request with their judgment based upon (but not limited to) the criteria outlined in Section 11-4-21 of the Zoning Ordinance: 1 2 The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Finding: The Comprehensive Plan guides the subject site within the Great River Centre of Otsego for commercial land use as part of the City's primary retail, service, and office area within the community. The proposed daycare use is consistent with the land uses guided by the Future Land Use Plan and will provide for additional service business options within Otsego, as well as day -time employment market support for surrounding businesses. The proposed use's compatibility with present and future land uses of the area. Finding: The table below summarizes land uses surrounding the subject site. The proposed daycare use will be compatible with and complementary to the existing and planned Direction Land Use Plan Zoning Map Existing Use North Commercial GRC PUD District Edina Realty Target/Retail 1 East Commercial GRC PUD District Undeveloped South Commercial GRC PUD District Undeveloped West Commercial GRC PUD District Undeveloped Wings Financial Tires Plus 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Finding: The proposed development complies with the Great River Centre PUD District and Zoning Ordinance, Subdivision Ordinance, and Engineering Manual, 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: Great River Centre is accessed by Parrish Avenue (CSAH 42) and local commercial streets within the development. The capacity of these existing roadways can accommodate traffic that will be generated by the proposed daycare use. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding: The subject site is located within the East Sewer District where the City anticipates provision of services in support of urban development as guided by the Future Land Use Plan; the proposed development will be accommodated by existing City services. F. The planning report dated 12 September 2019 prepared by the City Planner, The Planning Company LLC, is incorporated herein. G. The engineering review dated September 11, 2019 prepared by the City Engineer, Hakanson Anderson, Inc., is incorporated herein. H. The Otsego Planning Commission conducted a public hearing at their regular meeting on 16 September 2019 to consider the application, preceded by published and mailed notice; based upon review of the application and evidence received, the public hearing was closed and the Planning Commission recommended by a 4-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED, subject to the following conditions: The landscape plan shall be revised subject to review and approval of City staff to provide for plantings along the south lot line. 2. One freestanding sign constructed as a monument structure with materials consistent with that of the principal building having an area of up to 64 square feet and height of up to 18 feet shall be allowed for Lot 1, Block 1. 3. Plans for the proposed fences, to be constructed of black vinyl coated chain link or decorative metal rod with a minimum height of 5 feet, shall be submitted and are subject to review and approval of the Zoning Administrator for compliance with Section 11-19-4.H of the Zoning Ordinance. 4. Plans for the proposed trash enclosure shall be subject to review and approval of the Zoning Administrator for compliance with the requirements of Section 11-18-4.0 of the Zoning Ordinance. 5. The developer shall pay sewer and water availability charges for Lot 1, Block 1 at the time of final plat approval 6. The final plat shall be revised to designate Lot 2, Block 1 as Outlot A. 7. All utility plans are subject to review and approval of the City Engineer. 8. All grading, drainage, and erosion control issues are subject to review and approval of the City Engineer. 9. All easements are subject to review and approval of the City Engineer. 10. The developer shall execute a development agreement, subject to review by the City Attorney and 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 23rd day of September, 2019. Tami Loff, City Clerk 3 CITY OF OTSEGO By: Jessica L. Stockamp, Mayor CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2019-50 RESOLUTION APPROVING DEVELOPERS AGREEMENT- GREAT RVER CENTRE OF OTSEGO SIXTH ADDITION, LOT 1, BLOCK 1 WHEREAS, Lil' Explorers is seeking approval of a Plat known as GREAT RIVER CENTRE OF OTSEGO SIXTH ADDITION, and WHEREAS, the approved Plat requires construction of some public improvements and payment of City costs and fees as well as placing certain restrictions on the development; 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 Lil' Explorers is hereby approved. 2. The Mayor and City Cleric are hereby authorized to execute the Developers Agreement on behalf of the City of Otsego. ADOPTED this 23rd day of September, 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 LOT 1, BLOCK 1, GREAT RIVER CENTRE OF OTSEGO SIXTH ADDITION- LIL' EXPLORERS THIS AGREEMENT, entered into this day of October, 2019 by and between the CITY OF OTSEGO, a Minnesota municipal corporation ("CITY") and LIL' EXPLORERS a under the laws of the State of Minnesota ("DEVELOPER") RECITALS WHEREAS, DEVELOPER has proposed construction of a 16,171 square foot daycare facility to be constructed on the following described property; LOT 1, BLOCK 1, GREAT RIVER CENTRE OF OTSEGO SIXTH ADDITION (See EXHIBIT A); and WHEREAS, DEVELOPER will be the fee owner the parcel of land described and newly consolidated as LOT 1, BLOCK 1, GREAT RIVER CENTRE OF OTSEGO SIXTH ADDITION which lot measures approximately acres, while the entire Plat is approximately acres; and WHEREAS, LOT 1, BLOCK 1 is proposed for development of a daycare facility, and other related improvements; and WHEREAS, the Final Plat and the new building are subject to a Planned Unit Development District ("PUD") by Ordinance adopted by the City Council on March 13, 2006 and a PUD Development Stage Plan for GREAT RIVER CENTRE OF OTSEGO SIXTH ADDITION approved on September 23, 2019; and WHEREAS, the PUD Development Stage Plan for GREAT RIVER CENTRE OF OTSEGO requires that the DEVELOPER enter into additional Development Agreements with the CITY as a condition of approval of individual developments; and WHEREAS, the building and improvements on LOT 1, BLOCK 1 shall be constructed, maintained and operated in accordance with the PUD and the Development Stage Plan for GREAT RIVER CENTRE OF OTSEGO SIXTH ADDITION and the terms and conditions contained herein. NOW THEREFORE, in consideration of the promises and mutual promises hereinafter contained, it is agreed between the parties as follows: 1. Development Plans. The Building shall be developed on LOT 1, BLOCK 1 in accordance with the plans the cover sheet of which is attached to this Agreement as Exhibit B dated , 2019 and signed by the City Engineer on file and of record at CITY and herein fully incorporated herein by reference and the conditions stated below (hereinafter the "Building Development Plans"). If the Building Development Plans vary from the written terms of this Agreement, the Building Development Plans shall control. 2. Municipal Improvements. The Building Development Plans include certain Municipal Improvements as set forth on the attached Exhibit C. 3. Private Improvements. The DEVELOPER agrees that it shall cause to be constructed and installed certain private improvements ("Private Improvements") on the Subject Property. All Private Improvements are to be installed at DEVELOPER'S sole cost and expense pursuant to this Agreement and the private improvements to LOT 1, BLOCK 1 shall include those improvements shown on the Building Development Plans. DEVELOPER shall construct such Private Improvements in accordance with all applicable building codes, ordinances and CITY standards and the Building Development Plans furnished to the CITY and approved by the City Engineer. The DEVELOPER shall obtain all necessary permits 2 before construction of the Building. CITY shall provide adequate field inspection personnel to assure acceptable quality control, which will allow certification of the construction work. Within thirty (30) days after the completion of Building and before any security is released, the DEVELOPER shall supply the CITY with a complete set of reproducible "as built" plans and two (2) complete sets of blue line "as built" plans prepared in accordance with CITY standards. 4. Grading, Landscaping and Drainage. The DEVELOPER shall be responsible for grading, landscaping and storm water management on the Subject Property as more fully set forth in this Agreement and as for LOT 1, BLOCK 1 only the Building Development Plans and Landscaping Plan. A. Landscaping. DEVELOPER shall maintain the sod and landscape of boulevard areas adjacent to LOT 1, BLOCK 1 as shown in the Building Development Plans through at least one growing season and to the satisfaction of CITY. The long term maintenance of sod and landscaping of boulevard areas shall be the responsibility of DEVELOPER or any Future Owner after purchase of LOT 1, BLOCK 1. Further, DEVELOPER shall be responsible for mowing, elimination of weeds and removal of any garbage or debris on LOT 1, BLOCK 1. B. Erosion Control. The erosion control plan for LOT 1, BLOCK 1 within the Building Development Plans has been reviewed and approved by CITY and shall be implemented by DEVELOPER prior to grading of LOT 1. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after completion of work in that area. If DEVELOPER does not comply with the erosion control plan and schedule or any erosion control requirements, CITY may, with reasonable notice, take action as it deems appropriate in accordance with all applicable laws, ordinances or regulations or according to this Agreement. C. Grading Plan. Grading of LOT 1, BLOCK 1 shall be in accordance with the approved Grading Plan as provided in the Building Development Plans. 5. Pre -Construction Activity. DEVELOPER shall schedule a pre - construction meeting with CITY to review the proposed schedule for grading and construction of the building and related improvements as 91 set forth on the Building Development Plans, and to coordinate the schedule with the City Engineer. 6. Ownership of Improvements. Upon completion of the work and construction required by this Agreement, improvements lying within public easements on the Subject Property shall become CITY property without further notice or action, except that those streets, which will be maintained as private drives shall remain under DEVELOPER's ownership subject to any and all necessary easements, including necessary ingress and egress access to future and existing lots. 7. Clean Up. DEVELOPER shall promptly clean any and all dirt and debris from streets resulting from construction work by DEVELOPER, its agents or assigns during the work and construction required by this Agreement. 8. Administrative Fee. A one-time fee for CITY administration of the development is as set forth on the attached Financial Summary, Exhibit D. 9. Park and Trail Dedication. Park and Trail dedication requirements for GREAT RIVER CENTRE OF OTSEGO SIXTH ADDITION were satisfied with the Final Plat of GREAT RIVER CENTRE OF OTSEGO. 10. Storm Water Fees. No Storm Water Fees are applicable to the Final Plat. 11. Sewer Availability Charges. The Sewer Availability Charges for the Plat are as set forth on the attached Financial Summary, Exhibit D. 12. Sewer Connection Fees. Sanitary sewer connection fees are paid at the time of issuance of a building permit. The sewer connection fees shall be determined at the time that building plans are submitted and reviewed by CITY. 13. Water Availability Charges. The Water Availability Charges for the Plat are as set forth on the attached Financial Summary, Exhibit D. 14. Water Connection Fees. Water connection fees are paid at the time of issuance of a building permit. The water connection charges shall be determined at the time that building plans are submitted and reviewed by CITY. 0 15. Street and Traffic Control Sign Fees. The fee amount for the Subject Property was calculated as set forth on the attached Financial Summary, Exhibit D. 16. CITY Engineering, Engineering Administration, Construction Observation, and Legal Fee Escrow and City Fees. DEVELOPER shall pay escrow for the CITY'S engineering, engineering administration and construction observation services of Municipal Improvements as set forth on Exhibit C, following execution of this agreement, in the estimated amount set forth below. 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 service estimated to be three percent (3%) of the estimated construction cost of the improvements to be inspected, assuming normal construction and project scheduling. 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 the Municipal Improvements and will be billed at 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, CITY will notify DEVELOPER of anticipated cost overruns for engineering administration and observation services. The Escrow and Fee account shall include estimated escrow for City Engineering, Engineering Administration and Construction Observation limited to the Municipal Improvements expenses and Legal expenses, and fees for City Administrative, Street and Traffic Control Signs, Water and Sewer Availability Charges as set forth on the attached Financial Summary, Exhibit D. These Escrow and Fee amounts shall be submitted to CITY prior to CITY executing this Agreement. Any Escrow amounts not utilized for legal and engineering charges incurred by the City under this Agreement shall be returned to DEVELOPER when all improvements have been completed, all financial obligations to CITY satisfied, and all required "as -built " plans have been received by CITY. G1 Engineering, planning and legal fees incurred prior to the execution of this Agreement shall be deducted from escrow already submitted with the Plat application or charged against the escrow herein established. All other amounts listed as one-time fees are non-refundable and available immediately for CITY use when posted. 17. Security. To ensure compliance with the terms of this Agreement, and construction of all Municipal Improvements, DEVELOPER shall furnish CITY with a cash escrow or Irrevocable Standby Letter of Credit in the amount as set forth on the attached Financial Summary, Exhibit D. The issuer and form of the security (other than cash escrow) shall be subject to CITY approval, which approval shall not be unreasonably withheld. The security shall be issued by a banking institution in good standing as detenmined by CITY and approved by the City Administrator. CITY shall have the ability to draw on the Security by overnight courier delivery to the bank or branch bank issuing the Letter of Credit. The security shall be for a tern ending July 1, 2020 and shall contain an automatic renewal provision. CITY may draw down the security for any violation of the terms of this Agreement that is not cured within the cure period set forth in Section 23 of this Agreement, or upon receiving notice of the pending expiration of the security. It shall be the responsibility of DEVELOPER to inforrn 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), DEVELOPER shall immediately provide 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 (3 0) days prior to the expiration of the security, CITY may also draw down the security. CITY may draw down the security for any violation of the terns of this Agreement (after any reasonable notice to DEVELOPER and cure periods as set forth in Section 23 of this Agreement). If the security is drawn down, the proceeds shall be used to cure any default. CITY will, upon making determination of final costs to cure any default, refund to C the DEVELOPER any monies which CITY has in its possession which are in excess of the security needed. Upon receipt of proof satisfactory to CITY that work has been completed and financial obligations to CITY have been satisfied, the security will be reduced from time to time down to the amount of warranty security as set forth in paragraph 18 of this Agreement. The security shall not be reduced below ten percent (10%) of the posted security until all improvements have been completed, all financial obligations to CITY satisfied (which includes posting of warranty security), and required "as built" plans have been received by CITY. The intent of this Agreement that CITY shall have access to sufficient security, either security or warranty security, to complete the Project and insure warranty on all public improvements. The security amount shall be submitted to CITY prior to execution of the Agreement. 18. Warranty. 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 CITY. The amount of posted security for public improvements to be posted by DEVELOPER shall be in the amount as set forth on the attached Financial Summary, Exhibit D. 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 the public improvements. 19. Restrictions. The following restrictions apply to the Subject 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 all conditions imposed by CITY in this Agreement are properly recorded against the Final Plat. Said conditions shall run with the real property and be binding upon all parties having a right, title or interest in the Subject Property or any part thereof, their heirs, executors, representatives, successors and assigns: DEVELOPER shall enter into and record a cross easement for ingress and egress over and across the private drive on the northern portion of the property with the property owner of LOT1, BLOCK 1, GREAT RIVER CENTRE OF OTSEGO FIFTH ADDITION. 7 20. Responsibility for Costs. A. Except costs for Developer's Internal Improvements, DEVELOPER shall pay all costs incurred by it or CITY in conjunction with the development of the Plat and building, including, but not limited to legal, planning, engineering, and inspection expenses in connection with the development and said Building. B. DEVELOPER shall hold CITY and its officers, employees and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from DEVELOPER's acts or failures to act in connection with development of the Subject Property by DEVELOPER. DEVELOPER shall indemnify CITY and its officers, employees and agents for all costs, damages or expenses which CITY may pay or incur in consequence of such claims, including attorney's fees. C. DEVELOPER shall reimburse CITY for costs incurred in the enforcement of this Agreement, including engineering fees, planning fees, attorney's fees, and costs and disbursements. CITY shall reimburse DEVELOPER for costs incurred in the enforcement of this Agreement, including engineering fees, attorney's fees, and costs and disbursements. D. DEVELOPER shall pay in full all bills submitted to it by CITY for obligations incurred under this Agreement and agreed to be paid by DEVELOPER under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, and DEVELOPER does not reasonably dispute the payment of amount of such bill CITY may either reimburse itself from existing Escrow or Security or may halt all Building 3 development work and construction until all bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of twelve percent (12%) per year. 21. Miscellaneous. A. Third parties shall have no recourse against CITY under this Agreement. B. 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. C. The action or inaction of CITY or DEVELOPER 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. CITY's or DEVELOPER's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. D. This Agreement shall run with the land, shall be recorded against the title to the Subject Property, and shall be binding on all parties having any right, title or interests in the Subject Property or any part thereof, their heirs, successors and assigns. E. Each right, power or remedy herein conferred upon CITY or DEVELOPER is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to CITY or DEVELOPER, 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 CITY or DEVELOPER and shall not be a waiver of the right to exercise at anytime thereafter any other right, power or remedy. F. DEVELOPER shall pay for all local costs related to drainage improvements required to complete the construction of the Plat and building according to the Building Development Plans. Local costs are costs related to required internal drainage improvements such as retention ponds. G. Should development of the Plat or building proceed at a pace slower than anticipated, and for that reason, specific terms of this Agreement become onerous or unduly burdensome to DEVELOPER, upon DEVELOPER's application, CITY will enter into negotiations regarding those specific terms and shall not unreasonably withhold consent to appropriate changes in the terms of this Agreement. H. DEVELOPER shall demonstrate and maintain compliance with the 1991 Wetland Conservation Act. W 22. Violation of Agreement. If while the escrow or security provided in this Agreement is outstanding, a violation of any of the covenants or agreements herein contained occurs and such violation is not cured within thirty (3 0) days after written notice thereof from CITY to DEVELOPER, CITY may draw upon the DEVELOPER's escrow or security to cure any violation of the Agreement and to reimburse CITY for any costs incurred in curing the violation. 23. Maintain Public Property Damaged or Cluttered During Construction. DEVELOPER agrees to assume full financial responsibility for any damage which may occur to public property including, but not limited to , street, street sub -base, base, bituminous surface, curb, utility system including, but not limited to, watermain, sanitary sewer or storm sewer when said damage occurs as a result of construction activity which takes place during development of the Subject Property by DEVELOPER or its contractors, except for damage caused by CITY, its employees, agents or contractors. DEVELOPER further agrees to pay all costs required to repair the streets and/or utility systems damaged or cluttered with debris when occurring as a direct or indirect result of the Developer's construction that takes place on the Subject Property. In the event that DEVELOPER is required to maintain or repair such damage and fails to maintain or repair the damaged public property referred to aforesaid within thirty (30) days after written notice from CITY or such longer period as may reasonably necessary or in the event of an emergency as shorter time period as determined by CITY, CITY may, upon notifying DEVELOPER undertake making or causing it to be repaired or maintained. When CITY undertakes such repair, DEVELOPER shall reimburse CITY for all its reasonable expenses within thirty (30) of its billing to DEVELOPER. If DEVELOPER fails to pay said bill within thirty (30) days, the security shall be responsible for reimbursing CITY. 24. Non -Assignment Without Consent. The obligations of DEVELOPER under this Agreement may be assigned by DEVELOPER if the assignment is approved by CITY. However, DEVELOPER shall not be released from its obligations under this Agreement without the express written consent of the City Council through Council resolution. 25. Subordination. This Agreement must be recorded against the Subject Property and all other liens, interests or mortgages shall be subordinate to the terms and conditions this Agreement and said Agreement shall not be subject to foreclosure by any other lien, interest or mortgage. 10 26. Notices. Required notices to DEVELOPER shall either hand delivered to DEVELOPER, it employees or agents, or mailed to DEVELOPER by registered mail or sent by overnight delivery at the following address: . Notice to CITY shall be in writing and shall be either hand delivered to the City Clerk or Deputy City Clerk or mailed by registered mail or sent by overnight delivery at the following address: City of Otsego, City Hall, 13400 9011 Street NE, Otsego, MN 55330, Attention: City Clerk. 27. Agreement Effect. This Agreement shall be binding and extend to the respective representatives, heirs, successors and assigns of the parties hereto. 28. Amendment. This Agreement shall be amended only by addendum executed by both parties to this Agreement. 11 IN WITNESS WHEREOF, DEVELOPER and CITY have executed this Agreement as of the day and year above first written. CITY OF OTSEGO, A municipal corporation Jessica Stockamp, Mayor Tami Loff, City Clerk LIL' EXPLORERS A Minnesota in Its: 12 STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) On this day of , 2019 before me personally appeared Jessica Stockamp and Tami Loff to me known as the persons described in the foregoing instrument and who did say they are, respectively, the Mayor and City Cleric of the municipal corporation named therein and that said instrument was signed on behalf of said municipal corporation by authority of its City Council and said Jessica Stockamp and Tami Loff acknowledged said instrument to be the free act and deed of said municipal corporation. NOTARY PUBLIC STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) On this day of , 2019, before me personally appeared to me known as the person described in the foregoing instrument and who did say he is the of Lil' Explorers and that said instrument was signed on behalf of Lil' Explorers with authority and on behalf of the and said acknowledged said instrument to be the free act and deed of said entity. NOTARY PUBLIC DRAFTED BY: MACARTHUR LAW OFFICE 3601 Thurston Avenue North Suite 103 Anoka, MN 55303 763-231-5850 13 EXHIBIT A LEGAL DESCRIPTION OF THE SUBJECT PROPERTY LOT 1, BLOCK 1, GREAT RIVER CENTRE OF OTSEGO SIXTH ADDITION according to the recorded plat thereof, Wright County, Minnesota, 14 DEVELOPMENT PLANS FOR THE SUBJECT PROPERTY Development Plans for LOT 1, BLOCK 1, GREAT RIVER CENTRE OF OTSEGO SIXTH ADDITION by SISU Land Surveying and Engineering dated 2019 and approved by CITY 2019, cover sheet attached. 15 EXHIBIT C- MUNICIPAL IMPROVEMENTS Watermain 1 EXHIBIT D FINANCIAL SUMMARY (ATTACHED) 17