ITEM 3.9 Harvest Run EastOtkzoF
MINNESOTA CY
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
28 October 2019
PRESENTER(s)
REVIEWED BY:
ITEM #:
Consent
City Administrator/Finance Director Flaherty
City Engineer Wagner
City Attorney MacArthur
3.9 — Harvest Run East
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.
Harvest Run, Riverpointe, Wokson Hills, and Autumn Woods.
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:
Capstone Homes received preliminary plat approval for Harvest Run East on 13 May 2019 and has now
submitted application for final plat approval. The proposed final plat consists of 35 single family lots and 5
outlots. The proposed final plat is located east of Queens Avenue and south of 65th Street abutting
Harvest Run, Riverpointe, Wokson Hills, and Autumn Woods.
■ Zoning. The subject site is zoned R-5, Residential Single and Two Family District. Single family lots
are a permitted use within the R-5 District.
■ Preliminary Plat Consistency. The final plat consists of 35 single family lots accessed by public
streets in a configuration consistent with the preliminary plat. The preliminary plat approval
included a PUD -CUP to allow for various lot widths/areas to expand housing choices within the
development. The proposed preliminary plat includes both single family villa and single family
dwellings.
■ Lot Requirements. The preliminary plat and PUD -CUP 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.
■ Streets. All of the proposed lots are to be accessed by local public streets entering the
development from Queens Avenue via 61" Street or 59th Street. The proposed local streets are to
be 28 feet wide with concrete curb and gutter within a 60 foot wide right-of-way. Temporary cul-
de-sacs overlaid by temporary easement will be required at the north terminus of Quin Avenue and
the east terminus of 61St Street. A 5 foot concrete sidewalk is to be constructed on 1 side of all
streets. Street names are to be designated in accordance with Section 10-8-10.13.13 of the
Subdivision Ordinance and the Wright County grid system. All street designs, construction plans,
and street names are subject to review and approval by the City Engineer.
Street lights. 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 within the final plat. The number and location of proposed street lights is subject to review
and approval of the City Engineer. The development contract provides for payment of the street
light operation fee of as established by the City Code.
Landscaping. The developer submitted a landscape plan for the preliminary plat that has been
approved as compliant with Sections 11-19-2.13 and C of the Zoning Ordinance. The developer will
install the landscaping as shown on the approved plan within the final plat as construction of
houses on each lot progresses. The security for the landscaping will be collected at the time of
building permit for each lot.
■ Outlots. The proposed final plat includes 5 outlots described in the table below:
Outlot Purpose
Lot
Lot
Lot
Setbacks
Front
Side
Rear
Wetland
Area
Width
Depth
Blk 1
7,291sf.
54ft.
25ft. house
Lots 1-7, Blk 2
30ft.
7ft.
Lots 8-11, Blk 2
Interior
9,OOOsf.
64ft.
100ft.
garage
20ft.
40ft.
Corner
Lots 3-9, Blk 3
Interior
12,OOOsf.
75ft.
Corner
100ft.
Lots 1-2, Blk 4
Lots 1-3, Blk 5
35ft.
10ft.
Lots 1-2, Blk 3
18, 000sf.
100ft.
150ft.
■ Streets. All of the proposed lots are to be accessed by local public streets entering the
development from Queens Avenue via 61" Street or 59th Street. The proposed local streets are to
be 28 feet wide with concrete curb and gutter within a 60 foot wide right-of-way. Temporary cul-
de-sacs overlaid by temporary easement will be required at the north terminus of Quin Avenue and
the east terminus of 61St Street. A 5 foot concrete sidewalk is to be constructed on 1 side of all
streets. Street names are to be designated in accordance with Section 10-8-10.13.13 of the
Subdivision Ordinance and the Wright County grid system. All street designs, construction plans,
and street names are subject to review and approval by the City Engineer.
Street lights. 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 within the final plat. The number and location of proposed street lights is subject to review
and approval of the City Engineer. The development contract provides for payment of the street
light operation fee of as established by the City Code.
Landscaping. The developer submitted a landscape plan for the preliminary plat that has been
approved as compliant with Sections 11-19-2.13 and C of the Zoning Ordinance. The developer will
install the landscaping as shown on the approved plan within the final plat as construction of
houses on each lot progresses. The security for the landscaping will be collected at the time of
building permit for each lot.
■ Outlots. The proposed final plat includes 5 outlots described in the table below:
Outlot Purpose
Ownership
A Storm water basin/wetland
City
B, C Property remnants
Convey to abutting property owners
D, E Future phases
Developer
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.
Park and Trail Dedication. The preliminary plat does not include dedication of land for public
parks. Park dedication requirements for the proposed final plat 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. Section 11-5-3-13.8 of the Subdivision Ordinance also allows the City
Council to approve an extension of the recording deadline if requested prior to expiration of the
100 day period. The developer has requested extension of the final plat approval to early summer
2020. City staff recommends a delay in the recording of the final plat to 1 July 2020 with the
condition that the fees outlined in the development agreement be updated to the 2020 fee
schedule if not recorded prior to the end of 2019.
SUPPORTING DOCUMENTS ATTACHED: I
■ Site location map
■ Findings of Fact and Decision
■ Engineering Review
■ Development Agreement
■ Resolution 2019-61 approving a development agreement
■ Site plan
■ Final plat (3 sheets)
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to approve a final plat for Harvest Run East and adopt Resolution 2019-61 approving a
development agreement.
BUDGET INFORMATION
FUNDING: BUDGETED:
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FINDINGS OF FACT AND DECISION
21 Oct 19
APPLICANT: Capstone Harvest Run, LLC
APPLICATION: Request for final plat approval of Harvest Run East.
CITY COUNCIL MEETING: 28 October 2019
FINDINGS: Based upon review of the application and evidence received, the City Council of the
City of Otsego now makes the following findings of fact:
A. The legal description of the property described by Exhibit A.
B. The property lies within the East Sewer Service District and is guided for low density
residential land uses by the 2012 Otsego Comprehensive Plan, as amended.
C. The property is zoned R-5, Single and Two Family Residential District, which allows single
family dwellings as a permitted use.
D. The City Council approved application for preliminary plat approval and a PUD -CUP on 13
May 2019.
E. The applicant is proposing a final plat of 35 single family lots.
F. The Request for Council Action dated 14 October 2019 prepared by the City Planner, The
Planning Company LLC, is incorporated herein.
G. The Engineering Review dated 8 October 2019 prepared by the City Engineer, Hakanson
Anderson Inc., is incorporated herein.
H. Final plat applications are processed in accordance with Section 10-3-3 of the Subdivision
Ordinance and do not require a recommendation by the Planning Commission.
DECISION: Based on the foregoing information and applicable ordinances, the application is
hereby APPROVED subject to the following conditions:
1. The applicant shall execute a development agreement as drafted by the City Attorney and
subject to approval of the City Council.
2. All of the lots within the Harvest Run East Final Plat shall comply with the following minimum
setbacks:
1
3. Construction plans for sanitary sewer, water main, storm sewer, and streets shall be subject
to review and approval by the City Engineer.
4. Street lighting shall be installed within the final plat in accordance with Title 8, Chapter 8 of
the City Code with payment of charges as established in accordance with the City Fee
Schedule, subject to review and approval of the City Engineer.
5. All grading, drainage and erosion control plans are subject to review and approval by the City
Engineer.
6. The applicant shall pay applicable utility availability charges upon approval of the final plat
and pay utility connection charges at the time a building permit is issued for each lot based
on the current fee in effect at that time.
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 in accordance
with Section 10-8-12.D of the Subdivision Ordinance.
9. Outlots B and C shall be conveyed to the abutting property owners concurrent with the
recording of the final plat.
10. The developer shall satisfy park and trail dedication requirements as a cash fee in lieu of
land as set forth in the development agreement.
11. The final plat shall be recorded by 1 July 2020 as provided for Section 10-5-3.13.8 of the
Subdivision Ordinance, subject to City fees being paid based upon the fee schedule in effect
at the time the development agreement is executed and the final plat recorded.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
2
Lot
Lot
Lot
Setbacks
Front
Side
Rear
Wetland
Area
Width
Depth
Blk 1
7,291sf.
54ft.
Lots 1-7, Blk 2
25ft. house
30ft. garage
7ft.
Lots 8-11, Blk 2
Interior
9,000sf.
64ft.
100ft.
20ft.
40ft.
Corner
Lots 3-9, Blk 3
Interior
12,000sf.
75ft.
Corner
100ft.
Lots 1-2, Blk 4
Lots 1-3, Blk 5
35ft.
loft.
Lots 1-2, Blk 3
18,000sf.
100ft.
150ft.
3. Construction plans for sanitary sewer, water main, storm sewer, and streets shall be subject
to review and approval by the City Engineer.
4. Street lighting shall be installed within the final plat in accordance with Title 8, Chapter 8 of
the City Code with payment of charges as established in accordance with the City Fee
Schedule, subject to review and approval of the City Engineer.
5. All grading, drainage and erosion control plans are subject to review and approval by the City
Engineer.
6. The applicant shall pay applicable utility availability charges upon approval of the final plat
and pay utility connection charges at the time a building permit is issued for each lot based
on the current fee in effect at that time.
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 in accordance
with Section 10-8-12.D of the Subdivision Ordinance.
9. Outlots B and C shall be conveyed to the abutting property owners concurrent with the
recording of the final plat.
10. The developer shall satisfy park and trail dedication requirements as a cash fee in lieu of
land as set forth in the development agreement.
11. The final plat shall be recorded by 1 July 2020 as provided for Section 10-5-3.13.8 of the
Subdivision Ordinance, subject to City fees being paid based upon the fee schedule in effect
at the time the development agreement is executed and the final plat recorded.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
2
Attest:
ADOPTED by the City Council of the City of Otsego this 28th day of October, 2019.
Tami Loff, City Clerk
3
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
Review No. 2
�-1 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
Brian Krystofiak, P.E., Carlson McCain
Steve Bona, Capstone Harvest Run, LLC
Heather Lorch, Capstone Harvest Run, LLC
Reviewed by: Ronald J. Wagner, P.E.
Brent M. Larson, P.E.
Date: October 8, 2019
Proposed
Development: Harvest Run East Preliminary and Harvest Run East 1" Addition
Street Location A portion of the SE 1/a of Section 35, T121, R23 and a portion of
of Property: the NE 1/a of Section 2, T120, R23. East of Quenroe Avenue NE
and North of 57th Street NE.
Applicant: Steve Bona
Developer: Capstone Homes, Inc.
14015 Sunfish Lake Blvd., Suite 400
Ramsey, MN 55303
Owners of Record: LTH Three, LLC
Purpose: Harvest Run East is a proposed 163 lot single-family residential
development on approximately 77.45 acres with Harvest Run East
1St Addition being 35 lots on 13.29 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 PLANS
FINAL PLAT
CONSTRUCTION PLANS
COVER SHEET/INDEX
REMOVALS PLAN
SANITARY SEWER & WATERMAIN
STORM SEWER
STREET CONSTRUCTION
SIGNING & STRIPING PLAN
DETAILS
GRADING, DEVELOPMENT & EROSION CONTROL PLANS
SURFACE WATER MANAGEMENT
WETLANDS
OTHER CONSIDERATIONS
SUMMARY AND/OR RECOMMENDATION
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INFORMATION AVAILABLE
Final Plat for Harvest Run East, received 9/16/19, by Carlson McCain
Construction Plans for Harvest Run East 1St Addition, dated 9/13/19, by Carlson McCain
Grading Plans for Harvest Run East, dated 9/13/19, by Carlson McCain
Storm Water Management Plan for Harvest Run East, revised 9/13/19, by Carlson McCain
Stormwater Design and Spread Calculations for Harvest Run East, revised 8/11/19, By Carlson
McCain
Preliminary Plans for Harvest Run East, revised 9/13/19, by Carlson McCain.
Geotechnical Report for Harvest Run East, dated 10/3/18, by Haugo Geotechnical Services.
Additional Information
Minnesota Rules, Chapter 4410 — EAW Requirement
City of Otsego Engineering Manual
City of Otsego Zoning and Subdivision Ordinances
National Wetland Inventory Map
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PRELIMINARY PLAT
1. Th intentions of Outlot B and H are unclear. In addition, the street right of way shall be
extended through Outlot B to the east plat line.
2. Existing NWL/-IWL 100 -year flood elevations for existing large wetland in NE is
missing on all sheets. The NWL/HWL elevation for the wetland to the SE is missing and
the HWL elevation for the central wetland along the east boundary has a typo on sheet 2.
Location and size of existing watermain from 62nd street is missing on sheet 2.
4. Profiles have been received but are labeled Street A, B, C etc and we do not know how to
correlate the streets in the plans.
5. The note indicating hydrants within the water table shall be plugged shall also indicate
sanitary manholes within the water table will require gator wrap around the manhole
j oints.
6. The preliminary plans still do not provide storm sewer pipe sizes or inverts but storm
design calculations and maps have been received. All storm pipe sizing design
calculations shall use a 10 -minute Time of Concentration (TC) as a minimum. The
calculations appear to use a 12 -minute TC which may result in undersized pipe per
Otsego standards. This will be verified as final plans are submitted for each addition.
7. The Wetland 10, 30 and 60 proposed 100 -yr HWL elevations have been changed from
the existing conditions but none appear to adversely affect adjacent properties.
8. The text for all the exiting culvert inverts is too small to read.
9. There is off-site concentrated flow being directed to the south near the rear of Lot 181.
Additional erosion control will likely be needed in this area.
10. The sheet flow for the lots east of Lot 181 is also a concern as the water flows across an
existing driveway and towards an existing house. The proposed grading does mimic the
existing contours in this area but with the increase runoff anticipated with impervious
areas and lawns this may be an issue. Grading or storm sewer to divert the runoff away
from the existing house will be needed.
FINAL PLAT
11. Outlot "H" from the preliminary plat is not shown on the final plat. Please confirm this is
not necessary.
12. It is unclear the reason/intention of Outlot B. See preliminary comment #1.
13. Outlot A shall be Outlot C, Outlot B shall be Outlot E, Outlot C shall be Outlot A, and
Outlot E shall be Outlot B.
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14. Easement is missing over the existing sanitary and watermain from the new realigned
utilities to the plat line of River pointe 5th Addition. A minimum easement 10' from the
pipes is needed. It appears that this may be wider than shown in the plat and may affect
the future lots shown in this location in the preliminary plat.
15. The storm pipe/swale must be installed to provide drainage from 1St Addition Quin
Avenue and Quilley Avenue through Outlots B and D respectively (see comment # for
more detail). These conveyances shall be covered by a drainage and utility easement.
16. The outlot around Wetland 10 (Outlot D in the preliminary plat) shall be platted at this
time to cover all the wetland buffer required.
CONSTRUCTION PLANS
Cover Sheet/Index
17. Provide a construction limits line on the overall plan sheet.
18. Drainage shall be provided for the north end of Quin Avenue and west end of 59th Street.
The storm sewer in these areas drain to future pipe and ponds that may require the
installation of storm pipe or temporary grading of swales to allow the system to work
until future additions are complete.
Removals Plan
19. It would be helpful to show the existing watermain valves on this sheet that will need to
be shut in order to remove the watermain.
Sanitary Sewer & Watermain
20. The geotechnical report indicates there are some locations within the project area with
water table elevations relatively shallow. All hydrants and sanitary manholes within the
water table shall be identified in the plans. The hydrants within the water table are to be
marked with a metal strip, nozzle painted black, and their drain holes are to be plugged.
Manholes within the water table will require gator wrap around the manhole joints.
21. The valve on west leg of Quin Ave and 61 It St intersection shall be move to the new
watermain connection point.
22. A 4th valve on the north leg at Quin Ave and 61St St intersection would be helpful for
Harvest Run East future additions.
23. Vertical bends in the watermain shall be avoided if possible or at least minimized.
Vertical bends near station 3+00 on 591h Street could be eliminated and extra depth used
instead.
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Storm Sewer
24. The storm water draining to the north along Quin Avenue is proposed to discharge
through a curb cut to the north (per sheet 10). Quilley Avenue takes water from 59th
Street and discharges to the south onto future subgrade. If the entire site is to be graded
with 1St Addition this may be possible except that allowing the stormwater to sit in the
street subgrade until the future street is constructed will not be allowed. This causes
many issues in the future when theses streets are constructed. The subgrade shall be
drained via swale or pipe.
25. Lots in clay soils shall have draintile extended to them if they are more than one lot away
from a storm sewer structure. The draintile is to serve as a means of promoting drainage
along lot lines and as a connection point for homes sump pump systems. All rear yard
draintile shall be solid PVC with cleanouts located at any bend and at the end of the line.
26. OCS 200 has a weir wall. The wall or the detail on sheet 15 shall be called out on sheet
7.
27. Please note that elevations of the NWL an HWL for the wetland existing wetland to the
east of Pond 200 are provided by the Riverpointe 5th Addition development and not
Hakanson Anderson. These elevations are based on pre Harvest Run East conditions and
should be verified that they do not change with the new developments discharges.
Street Construction
28. Final plans will require a profile with vertical curve information shall be provided for the
proposed bituminous trail.
29. The vertical curves at stations 19+50 and 24+12 (future) 61St Street and 2+00 Quin
Avenue do not meet the minimum K value of 37 or have a minimum 90' curve for a 30
mph street.
Signing & Striping Plan
Details
30. No comments.
GRADING PLANS GRADING, DEVELOPMENT & EROSION CONTROL
PLANS
31. The area intended to be graded with 1" Addition is unclear.
32. NWL/HWL 100 -year flood elevations for existing large wetland in NE is missing on all
sheets. The NWL/HWL elevation for the wetland to the SE is missing and the HWL
elevation for the central wetland along the east boundary has a typo.
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33. There is currently a low area between in the rear of Lots 1 & 2, Block 3 holding water
onto the existing property to the west. Grading shall be revised to provide a swale to drain
this area.
34. The 913.0 spot elevation in the rear of Lot 2, Block 4 is incorrect per the contours.
35. The lowest opening elevations shall be revised as follows to provide a minimum 1.5'
freeboard from the emergency overflow elevation;
Lot 3, Block 5 = 920.5
Future Lot 227 and 226 = 924.0
36. Final plans shall include erosion control notes that indicate the contractor is responsible
for dust control, maintaining silt fence and other erosion control devices, and sweeping
streets daily if they are being disturbed. Inlet protection shall be installed on all of the
nearest existing catch basins and culverts located downstream from the construction
entrances. Fiber Blanket will be required along the steep slopes near the east property
lines as well as in the ravine near pond 200 discharge.
37. A stabilized cable concrete overflow is required for all ponds. Pond 200 shall have an
EOF at a maximum elevation of 911.5.
38. The pond south of 218-221 does not meet all the normal storm pond requirements, i.e.
10:1 bench below NWL or length to width ratio. Discussion with the developer's engineer
are needed.
SURFACE WATER MANAGEMENT
39. All storm pipe sizing design calculations shall use a 10 -minute Time of Concentration (TC)
as a minimum. The calculations appear to use a 12 -minute TC which may result in
undersized pipe per Otsego standards. This will be verified as final plans are submitted for
each addition.
WETLANDS
40. No comments.
OTHER CONSIDERATIONS
41. No comments.
SUMMARY AND/OR RECOMMENDATION
We recommend approval contingent upon the above items being addressed.
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DEVELOPMENT AGREEMENT
HARVEST RUN EAST
AGREEMENT entered into this
Otsego ("City"), a municipal corporation
Minnesota, and Capstone Harvest Run, LLC
the State of Minnesota ("Developer").
day of October, 2019 between the City of
organized under the laws of the State of
a limited liability company under the laws of
1. Request for Plat Approval. The Developer has requested that the City
approve that plat entitled HARVEST RUN EAST. The legal description of
the property covered by this Agreement is as follows:
See Exhibit A.
The Plat contains thirty five (35) single family residential lots and five outlots. The plat is
located within the City's East Sewer District, is zoned R-5, Single and Two Family
Residential District as approved by Ordinance adopted by the City Council on December
11, 2017.
2. Conditions of Plat Approval. The City hereby approves the Plat on
condition that the Developer enter into this Agreement, furnish the security required by it,
and record the 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 the thirty five (35) lots within the Plat does not occur until all required security has been
posted.
5. Changes in Official Controls. HARVEST RUN EAST 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
HARVEST RUN EAST 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, HARVEST RUN EAST prepared by Carlson McCain.
Plan B Grading, Drainage, and Erosion Control Plan prepared by Carlson
McCain and as finally approved by the City Engineer.
Plan C Sanitary Sewer, Water Main, Storm Sewer and Streets Plans for
HARVEST RUN EAST, as prepared by Carlson McCain and as
finally approved by the City Engineer.
Plan D Landscape Plan for HARVEST RUN EAST, prepared by Carlson
McCain, and as finally approved by the City Zoning Administrator.
F)
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
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F. MPCA for sanitary sewer and hazardous material removal and
disposal
G. DNR for dewatering
H. City of Otsego for building permits
I. City of Otsego for sanitary sewer connections
J. City of Otsego for retaining walls
10. Dewatering. Due to the variable nature of groundwater levels and
stormwater flows, it will be the Developer's and the Developer's contractors and
subcontractors responsibility to satisfy themselves with regard to the elevation of
groundwater in the area and the level of effort needed to perform dewatering and storm
flow routing operations. All dewatering shall be in accordance with all applicable County,
State, and Federal rules and regulations. DNR regulations regarding appropriations permits
shall be strictly followed.
11. Time of Performance. The Developer shall install all listed improvements
by December 31, 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
5
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
G
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 December 31, 2018 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.
V
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 A. 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: 1. Developer shall deed Outlot A to the City. 2.
Developer shall deed Outlots B and C to abutting property owners.
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
10
inspection expenses incurred in connection with development of said
Plat, the preparation of this Agreement, and all costs and expenses
incurred by the City in monitoring and inspecting development of the
Plat.
B. The Developer shall hold the City and its officers and employees
harmless from claims made by itself and third parties for damages
sustained or costs incurred resulting from Plat development, except for
negligence of City, the Developer shall indemnify the City and its
officers and employees for all costs, damages or expenses which the
City may pay or incur in consequence of such claims, including
attorney's fees.
C. The prevailing party shall reimburse the non -prevailing party for costs
incurred in the enforcement of this Agreement, including engineering
fees, attorney's fees, and costs and disbursements.
D. The Developer shall pay in full all bills submitted to it by the City for
obligations incurred under this Agreement within thirty (30) days after
receipt, unless the Developer is in good faith and with all due
diligence disputing the payment of the same. If the bills are not paid
on time, the City may, after notice and a reasonable period of time to
cure said default, halt all plat development work and construction,
including but not limited to the issuance of building permits for lots
which the Developers may or may not have sold, until all bills are paid
in full. Claims not paid within thirty (30) days shall accrue interest at
the rate of twelve percent (12%) per year.
37. Developer's Default. In the event of default by the Developer as to any of
the work to be performed by it hereunder, the City may, at its option, perform the work and
the City may then draw down the security established in Paragraph 17 to pay for any work
undertaken, provided the Developer is first given notice of the work in default, not less than
seven (7) days in advance and a reasonable period of time to cure said default. This notice
provision does not apply if the work performed by the City or its contractors is of an
emergency nature, as determined at the reasonable discretion of the city. Should such
emergency work be required the City will make all reasonable efforts to notify the
Developer as soon as possible. When the City does any such work, the City may, in
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
II
the Phase does not comply, the City may, at its option, refuse to allow
construction or development work in the plat until the Developer does
comply. Upon the City's demand, the Developer shall cease work
until there is compliance.
B. Third parties shall have no recourse against the City under this
Agreement.
C. Breach of any of the terms of this Agreement by the Developer shall
be grounds for denial or revocation of building permits.
D. If any portion, section, subsection, sentence, clause, paragraph or
phrase of this Agreement is for any reason held invalid, such decision
shall not affect the validity of the remaining portion of this Agreement.
E. If building permits are issued by the City prior to the completion and
acceptance of public improvements, the Developer shall assume all
liability for the costs resulting in any delay in completion of public
improvements and damage to any public improvements caused by the
City, the Developer, its contractors, subcontractors, materialmen,
employees, agents, or third parties. No one may occupy a building for
which a building permit is issued on either a temporary or permanent
basis until the streets needed for access have been paved with a
bituminous surface, unless a specific exception is approved by the
City.
F. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Agreement. To be binding,
amendments or waivers shall be in writing, signed by the parties and
approved by written resolution of the City Council. The City's failure
to promptly take legal action to enforce this Agreement shall not be a
waiver or release.
G. This Agreement shall run with the land, shall be recorded against the
title to the property and all properties therein established by the Plat,
and shall be binding on all parties having any right, title or interests in
this phase of the plat or any part thereof, their heirs, successors, and
assigns. After the Developer has completed the work required of them
under this Agreement as set forth in Section 8, at the Developer's
request, the City will execute and deliver to the Developers a release
or partial release (s) of this Agreement.
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: Stephen A. Bona,
Capstone Homes, Inc., 14015 Sunfish Lake Blvd. NW, Suite 400, Ramsey, MN 55303.
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 90th Street NE, Otsego, MN 55330,
Attention: City Clerk
13
CITY OF OTSEGO
1=
Jessica Stockamp, Mayor
Tami Loff, City Clerk
DEVELOPER
CAPSTONE HARVEST RUN LLC
I:16•4
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
Stephen A. Bona, Vice President of Land
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 Stephen A. Bona the Vice President of Land for Capstone
Harvest Run, LLC, a Minnesota Limited Liability Company with authority and on behalf of
the company.
DRAFTED BY:
MACARTHUR LAW OFFICE, LLC
11205 46t` Place N.
Plymouth, MN 55442
(763) 226-3497
15
Notary Public
EXHIBIT A
LEGAL DESCRIPTION
The Southeast Quarter of the Southeast Quarter of Section 35, Township 121, Range 23,
Wright County, Minnesota.
The Northeast Quarter of the Northeast Quarter of Section 2, Township 120, Range 23,
Wright County, Minnesota; EXCEPT the West 17 feet thereof.
0
The North 263.29 feet of the Southeast Quarter of the Northeast Quarter of Section 2,
Township 120, Range 23, lying East of Wokson Hills according to the recorded plat, Wright
County.
16
EXHIBIT B
FINANCIAL SUMMARY (ATTACHED)
17
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2019-61
APPROVING DEVELOPERS AGREEMENT- HARVEST RUN EAST
WHEREAS, Capstone Harvest Run, LLC has an approved Plat known as
HARVEST RUN EAST; 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
Capstone Harvest Run, 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 28th day of October, 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
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HARVEST RUIN EAST
KNOW ALL PERSONS BY THESE PRESENTS, That Capetona Harvaet Run, LLC, a Mlnnaoota Ilmltad liability company. owner of the following dl—lwd properly allual,d In the
County of Wright, State of Minn ... I. to It
Th.
S""" quarter of the South ... t Quarter of Swum W. Townahip 121. Range 23, Wright County, Mlnnaeata.
ANO
Tha Norlh... t Quarter of the NarNaoat Quarter of Scalae 2, Townahip 120, Range 23, WHght County, Minnesota; —EPT the Wout 17 feat In I.
AND
Th. North 265.29 feat of the Southeast Quarter of the Narlhewt Quortar of Seabee 2, Townahip 120, Rang. 23, lying Ewt of Wak.w HIIW, awarding to the .....dad
plat. Wright County.
No. --d! the same to ba purveyed and plotted no HARVEST RUN EAST and dean hereby dwIwte to the publlc far publlc uw the public ways and the drainage and
utty wwwont. a. araatad by thh, plot.
In witness whereof cold Capatano Harvest Run, LLC, a Mlnnawto Ilmltad liability winpmn no, muwd thaw pr .... I, to to .Igned by It, proper partner NI. day
of 20�
CAPSTONE HARVEST RUN. LLC
Stephan A. Bona, Vim Prwident of Land
STATE OF
COUNTY OF
Thla IwIfument was w1aw.ladgod before ma thla _ day of 20_ by Stephan A. Bona, Vico Pmuldant of Land of Capetona Harvaet
Run. I.I.C. a Mlnnwota Ilmltad liability company, an behalf of No company.
Printed Noma
Notary Public, County,
My c.mmlaalw What
1, Thomas R. Balluff, do hereby cwtify that thla plot ww proparod by ma or under my direct aup—!.Iwn m Nat I aa duly Ucenaad Land Surwyar In the Slots of
wo
Minntm, that thin plat I. a aunnl
wt mprwoattw of Ne boundary w—y' that all malhamoticol data and labels or. correctly dwign.tad w thi. plot; that all
ve be
mato dwI.Iod on thla plot haan, or will ba ......Uy at within ono year, Not all water bwndarlw and wat Iando, a. dagnetl In MI ..wt. Stolutw, SwUnn
505.01, Subd. 3, w of Ne data of thi. aorllDcata am ahown and labeled an thio plat; and all Public way. ore ehown and labeled an thi. plot.
D.tad thm _ day or 2D—
Thomw R. Balluff, U ..... d Land Surveyor
Mlnnwota Ucaw. No. 40361
STATE OF MINNESOTA
COUNTY OF
The foregoing Surveyor's C-rUflwt. waa-low-lodgod bafom now Nb _ day of 2a_, by Thomw N. Balluff, Lwd Surveyor,
Minnesota Uwaw No. 40361.
Notary Publlc,
My commlwim wpbs:
iii
CITY councIt, CIT' OF OTSEGO. MINNESOTA
Thl, plat of HARVEST RUN EAST was approved and ocoaptad by the Llly Council of Na City of Otaego, MI ..... L., at a mgular rawtlnq thereof hald thle
of 20__ and said plot la In nompllwa. with the p --lona of Minn aoota Stalin.., Scalae 505.03, Subdlvl.lw 2.
By.
Mayor
WRIGHT COUNTY SURVEYOR
1 haroby certify that In aeaardw.. with Mlnnaoota Statutes, Section 505.021, Sibd. 11, Nla plot hoe boon rovlowad and approved Nle
20_
Wright County Surwyw
®'
WRIGHT COUNTY AUDITOR/TREASURER
Pumount to Mlnnwota Statutw, Swtlon 505.021, Subd. 9, twos peyabla for Na year 20_ an Na land herelnbafam da—lbod have bow paid. No., purouant to Minn ... to
Statutes, SwU.n 272.12, thane are no deling... t tacos and tmwfer wterad thla _ day of 20_,
Wright County Audltor/Ra.wrer Deputy
WRIGHT COUNTY RECORDER
I hamby certify that thl. Instrument waa Mad In lho ofaw of In, County Recmdor far record an thl. _ day ofed 20—
at _ o'dack —M. and was duly recordIn Cabinet Na. Sloew wt No.
as Dooum
Wright County Ro—wr
)McCain
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1'N.—Ab aWGJE'RCE AVRAZ NE I
HARVEST RUM EAST
PROPOSED
DRAINAGE AND UTILITY
EASEMENTS ARE SHOWN THUS:
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