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ITEM 4.1 Meadows of River PointeOtSTF O MINNESOTAeg 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 4.1—Meadows of River Pointe 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. 2016. 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 Yes; to be held by the City Council 10/28/2019 BACKGROUND/JUSTIFICATION: Lennar Corporation has submitted application for final plat approval of 32 single family lots to be known as the Meadows of River Pointe 4th. The subject site is located north/west of CSAH 36 and east of Randolph Avenue. The City Council approved the preliminary plat for the Meadows of Riverpointe on 14 March 2016. ■ 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 32 single family lots accessed by public streets in a configuration consistent with the preliminary plat. ■ Lot Requirements. The preliminary plat approval establishes minimum lot requirements shown in the table below for the lots within this final plat. All of the proposed lots within the final plat comply with these minimum lot requirements. Front Side Rear Wetland CSAH 36/ Randolph 35ft. 7ft. 20ft. 40ft. 65ft. 25ft. 7ft. 20ft. 40ft. 65ft. 30ft. garage Landscaping. The preliminary plat included approval of a landscape plan to provide for required trees in accordance with Section 10-19-2.0 and Section 10-19-2.D of the Zoning Ordinance as well as buffer yard plantings abutting CSAH 36 as required by Section 11-19-3.13 of the Zoning Ordinance. The development agreement includes a security for the installation and warranty for these plantings. ■ Streets. The proposed lots are to be accessed by local public streets entering the development Randolph Avenue and CSAH 36. The proposed local streets are to be 28 feet wide with concrete curb and gutter within a 60 foot wide right-of-way. The cul-de-sac at the terminus of Rathburn Way complies with the design standards of Section 10-8-5.C.2 of the Subdivision Ordinance. A temporary cul-de-sac within a temporary easement will be required at the north terminus of Rathburn Avenue. A 5 foot concrete sidewalk is provided on 1 side of Rathburn Avenue. The City does not require sidewalks on cul-de-sac streets so none are provided for on Rathburn Way. Street names are to be designated in accordance with Section 10-8-10.6.13 of the Subdivision Ordinance and the Wright County grid system. Rathburn Way is to be revised as Rathburn Court. 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, midblock locations for blocks longer than 900 feet, cul-de-sac termini, and trail accesses. 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. Easements. The subject site is encumbered by a drainage and utility easement established over the entire parcel with the final plat of Meadows of River Pointe 3rd Addition. This easement is to be vacated by resolution of the City Council following the required public hearing. The proposed final plat illustrates drainage and utility easements at the perimeter of each single family lot and overlaying stormwater facilities and wetlands 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. ■ 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. 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. ■ Outlots. The final plat includes Outlots A and B that encompass wetlands and stormwater basins, which are to be dedicated to the City. There will be a homeowner association -maintained trail through Outlot A from 59th Street to Rathburn Avenue that will be publicly accessible. Easements for the privately maintained/publicly accessible trail are to be submitted for review by City staff and recorded with the final plat. Park and Trail Dedication. Park dedication requirement are to be met as a proportional cash fee in lieu of land based on 2.2 percent land dedication for the overall preliminary plat that includes Meadows of River Pointe and Highlands of River Pointe. 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. The final plat is to be recorded within 100 days of City Council approval as required by Section 10-5-3.B.8 of the Subdivision Ordinance. I SUPPORTING DOCUMENTS ATTACHED: I ■ Site location map ■ Engineering Review dated 9 October 2019 ■ Resolution 2019-63 vacating a drainage and utility easement ■ Findings of Fact and Decision ■ Resolution 2019-64 approving a development agreement ■ Development Agreement ■ Final Plat (2 sheets) POSSIBLE MOTION I PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES: Motion to adopt Resolution 2019-63 vacating existing drainage and utility easement within Meadows of River Ponte 3`d Addition, approve the final plat of Meadows of River Pointe 4th Addition subject to the conditions as outlined in the Findings of Fact and Decision as presented, and adopt Resolution 2019-64 approving a Development Agreement. BUDGET INFORMATION FUNDING: BUDGETED: N/A f Review No. 1 Halcanson 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/Finance Director Tami Loff, City Clerk Dan Licht, City Planner Andy MacArthur, City Attorney Joe Jablonski, Lennar Charlie Wiemerslage, PE, Sathre-Berquist, Inc. Reviewed by: Ronald J. Wagner, P.E. Brent M. Larson, P.E. Date: October 9, 2019 Proposed Development: Meadows of River Pointe 4th Addition Street Location A portion of the NE 1/a of Section 1, T120, R23 Northwest of of Property: CSAH 36 (Rawlings Ave) and East of Randolph Avenue. Applicant: Joe Jablonski Developer: Lennar 16305 36th Ave. N Suite 600 Plymouth, MN 55446 Owners of Record: Lennar Purpose: Meadows of River Pointe 4th Addition is a proposed 23.96+ acres 32 lot single family residential development within the approved preliminary plat of the "Lahr Property" 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 AVAILIBLE FINAL PLAT CONSTRUCTION PLANS TITLE SHEET STREET PLAN SANITARY SEWER AND WATERMAIN PLAN STORM SEWER PLANS GRADING PLANS EROSION CONTROL PLANS CONSTRUCTION DETAILS STORM SEWER DESIGN/HYDROLOGY WETLANDS OTHER CONSIDERATIONS SUMMARY AND/OR RECOMMENDATION PAGE 2 S:\Municipal\Aotsego23xx\2328.04 MRP4\ot2328.04RVW1.docx INFORMATION AVAILABLE Construction and Grading Plans for Meadows of Riverpointe 4th Addition, dated 9/17/19, by Sathre-Berquist, Inc. Final Plat for Meadows of Riverpointe 4th Addition, dated 9/16/19, by Sathre-Berquist, Inc. Storm Sewer Design Calculations for Meadows of Riverpointe 4th Addition, dated 6/4/18 (received 9/18/19), by Sathre-Berquist, Inc. Stormwater Management Plan for Lahn Parcel Development, revised January 2019, by AE2S Geotechnical Exploration Report for Lahn Properties, dated 1/14/15, by Haugo Geotechnical Services. The Lahn Property EAW Wetland Delineation Report for Han Development Site, dated 10/24/14, by Terracon Consultants Additional Information Minnesota Rules, Chapter 4410 — EAW Requirement City of Otsego Engineering Manual City of Otsego Zoning and Subdivision Ordinances National Wetland Inventory Map PAGE 3 S:\Municipal\Aotsego23xx\2328.04 MRP4\ot2328.04RVW1.d0cx FINAL PLAT A forcemain stub will be required between Lots 6 & 7, Block 1. This forcemain will require 20' wide easement centered on the pipe. 2. A drainage and utility easement shall cover all of Outlot A and B. See comment #21 CONSTRUCTION PLANS Title Sheet (Sheet 1) 4. No comments Final Street Plan (Sheet 2-5) 5. Previous plans had driveway grades shown on the street plan sheets which would be helpful. 6. The existing gravel entrances off of County Road 36 (Rawlings Avenue NE) shall be removed as part of this project. 7. Spot elevations at ped ramps should be turned off to reduce clutter. Remove the Otsego Standard Plates 701 and 706 from the plans (all sheets). These no longer meet current ADA standards. Current MnDOT standard plans shall be used instead. 9. The concrete sidewalk and curb and gutter shall stop short of the temporary cul-de-sac at the north end of Rathbun. A "valley" along the future curb line will not be allowed in the pavement. This temporary cul-de-sac shall be designed for flow like a typical permanent cul-de-sac. Sanitary Sewer and Watermain (Sheets 6-8) 10. The hydrant at the north end of Rathbun Ave will be in the cul-de-sac 60' transitional radii. It would be bet to move this hydrant to the north of the temporary cul-de-sac for future flushing purposes as well. This may require the catch basins to move south a few feet to provide 10' of separation. 11. A 3" HDPE or equivalent forcemain pipe shall be stubbed from SMH 4.2 to approx. 20' past the rear lot corner of Lots 6 & 7, Block 1. The forcemain shall have an invert of 882.30 at SMH 4.2 and maintain a minimum 7.5' bury depth. The developer will be given a credit for the cost of this line. 12. Sheet 8, remove "Future" from the watermain loop in the profile. Move the valve from the cul-de-sac to the connection point of this loop so this section can be tested. PAGE 4 S:\Municipal\Aotsego23xx\2328.04 MRP4\ot2328.04RVW1.docx 13. Sheet 8, the section of watermain from station 1+25 to existing watermain will need to be tested. Without a valve at the new connection point the contractor will have to test against a previously installed valve. Storm Sewer (Sheet 9-10) 14. Storm structure A2 shall have a R-1642 casting and A4 should be R-3501 TB casting. 15. Note 14 refers to sheet 36. Should be Sheet 18. This manufacture's detail shall be replaced with Otsego Detail 415. 16. Note 15 is not allowed except the last sentence. No transitions from PP to RCP pipe is allowed. All transitions shall be made at structures. 17. Forcemain crossing between A8 and A7 shall be insulated with 4" min. insulation if vertical separation is less than 24". Gradin Pg lans (Sheet 11-12) 18. Provide a clear 4th Addition boundary line. 19. Lot corner elevations shall be provided. 20. Provide contour labels. 21. The EOF elevation between Lots 9 and 10, Block 2 is a typo. This EOF shall be a minimum 1.5' below the lowest garage elevation for the surrounding houses. 22. The EOF near CB 26 in the side yard of Lot 1, Block 2 shall be graded so that the overflow flows away from the rear house corner and the entire EOF path shall be covered by a drainage easement. 23. The spot elevations at the rear of Lot 12, Block 2 on the NW side lot line is too high. 24. The spot elevations at the rear of Lot 1, Block 2 on the NW side lot line is too high. Erosion Control Plan (Sheet 13-14) 25. No comments. Construction Details (Sheet 15-18) 26. Please note that detail 500a (concrete block mat) has not been adopted as an official Otsego standard plate yet but is what we anticipate when construction happens. 27. Remove the Otsego Standard Plates 701 and 706 from the plans (all sheets). These no longer meet current ADA standards. Current MnDOT standard plans shall be used instead. PAGE 5 S:\Municipal\Aotsego23xx\2328.04 MRP4\ot2328.04RVW1.docx 28. Street lights and signage will be installed by the electric company and Otsego street department respectively. The details for both may be removed from the plan set. 29. The details for the Polypropylene Pipe should be deleted and replaced with Otsego Standard Plat 415. STORM SEWER DESIGN/HYDROLOGY 30. The Stormwater Management Plan, revised January 2019 covers the all additions of Meadows of Riverpointe and has been previously approved. There were a couple storm field revisions made during the construction of Meadows of Riverpointe 3rd Addition that will require the plan to be updated again (i.e. bypassing some drainage to Wetland H). 31. AutoCAD Civil 3D Hydraflow calculations have been received for the storm sewer pipe design. The storm design meets all requirements with the following items needing clarification; a. The drainage area maps/calculations to match the construction plan structure numbers. This is confusing when comparing the calculations and the plans. b. The drainage area map has a 0.32 ac area to the SE of CB 41 (A3 in construction plans). This area does not appear to flow to any CB. c. The inlet spread for CB 41 is shown as 12.5'. A maximum of 2/3rds of the drive lane (-9.3 from face of curb) is allowed to be inundated. An additional CB may be necessary at this location or provide split calculation for both directions of flow showing the street spread is less than 9.3'. WETLANDS 32. No comments. OTHER CONSIDERATIONS 33. A separate development plan has been provided but is missing lot corner elevations. A separate development tabulation with the Lot, Block, Garage Floor Elevation, Lowest Floor Elevation, and Lowest Opening Elevation shall be provided as well. SUMMARY AND/OR RECOMMENDATION We recommend approval contingent upon the above items being addressed. PAGE 6 S:\Municipal\Aotsego23xx\2328.04 MRP4\ot2328.04RVW1.docx RESOLUTION NO.: 2019 - 63 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION APPROVING VACATION OF AN EXISTING DRAINAGE AND UTILITY EASEMENT WITHIN THE FINAL PLAT OF MEADOWS OF RIVER POINTE 3RD ADDITION. WHEREAS, U.S. Home Corporation applied for approval to plat the Meadows of River Pointe 4t" Addition; and, WHEREAS, the proposed parcel to be final plated is legally described as Outlot C, Meadows of River Pointe 3rd Addition, City of Otsego, Wright County, Minnesota; and, WHEREAS, the Outlot C Meadows of River Pointe 3rd Addition is encumbered by the drainage and utility easement; and, WHEREAS, U.S. Home Corporation has applied for vacation of the drainage and utility easement previously dedicated; and, WHEREAS, the City Council held a public hearing at their regular meeting on 28 October 2019 to consider the vacation, preceded by required published and mailed legal notice; and, WHEREAS, the City Council heard all parties interested therein and closed the public hearing; and, WHEREAS, the drainage and utility easements dedicated over Outlot C, Meadows of River Pointe 3rd Addition serve no useful public purpose upon the final platting of Meadows of River Pointe 4t" Addition; and, WHEREAS, the City Council having considered all information received related to the proposed vacation and easement dedication finds that vacating the existing drainage and utility easement over Outlot C, Meadows of River Pointe 3`d Addition, would be in the public interest; and, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego that Otsego hereby orders: That the drainage and utility easement located in the City of Otsego, Wright County, State of Minnesota overlying Outlot C, Meadows of River Pointe 3rd Addition is hereby vacated. 2. The City Council hereby determines that the vacation of said drainage and utility easement shall cause no damage to any abutting or nearby property owners and therefore no damages are awarded to any such property owners. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 28th day of October, 2019. CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor ATTEST: Tami Loff, City Clerk My a� 0 -,e KIN WK 60 T.t 1 FINDINGS OF FACT AND DECISION 21 Oct 19 APPLICANT: Len nar Corporation APPLICATION: Request for final plat approval of the Meadows of River Pointe 4th Addition. 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 is Outlot C, Meadows of River Pointe 3rd Addition, City of Otsego, County of Wright, State of Minnesota. 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 14 March 2016. E. The applicant is proposing a final plat of 32 single family lots. F. The Request for Council Action dated 28 October 2019 prepared by the City Planner, The Planning Company LLC, is incorporated herein. G. The Engineering Review dated 9 October 2019 prepared by the City Engineer, Hakanson Anderson Inc., is incorporated herein. H. Final plat applications are processed in accordance with Section 10-5-3 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 Meadows at River Pointe 4th Addition shall comply with the following minimum setbacks: Front Side Rear Wetland CSAH 36 25ft. 30ft. garage 7ft. 20ft. 40ft. 65ft. 3. The final plat shall be revised to designate Rathburn Way as Rathburn Court; all street names are subject to review and approval of City staff. 4. The developer shall satisfy park and trail dedication requirements as a cash fee in lieu of land as set forth in the development agreement. 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. 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. 8. Construction plans for sanitary sewer, water main, storm sewer, and streets shall be subject to review and approval by the City Engineer. 9. All easements are subject to review and approval of the City Engineer. 10. Outlots A and B shall be deeded to the City for stormwater management purposes in accordance with Section 10-8-12.D of the Subdivision Ordinance. 11. Easement documents allowing the homeowners association trails and trail maintenance within Outlot A shall be recorded with the final plat, subject to review and approval of City staff. 12. The final plat shall be recorded within 100 days of City Council approval as required by Section 10-5-3.B.8 of the Subdivision Ordinance. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 28th day of October, 2019. CITY OF OTSEGO By: Jessica L. Stockamp, Mayor 2 Attest: Tami Loff, City Clerk CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2019-64 APPROVING DEVELOPERS AGREEMENT MEADOWS OF RIVER POINTE 4TH ADDITION WHEREAS, U.S. Home Corporation D/B/A Lennar intends to construct thirty- two residential homes upon property platted as MEADOWS OF RIVER POINTE 4th ADDITION; and WHEREAS, the approved work on the Plat requires construction of some public improvements and payment of City costs and fees; and WHEREAS, those obligations are contained and memorialized in the attached Developers Agreement; and WHEREAS, the Developers Agreement also sets forth the security required to assure satisfactory construction of public improvements and establishes the various remedies available to the City in the event that Developer breaches the terms and conditions of the Agreement. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego, Wright County, Minnesota as follows; The attached Developers Agreement between the City of Otsego and U.S. Hoene Corporation D/B/A Lennar is hereby approved, subject to staff approved additions and changes. 2. The Mayor and City Clerk are hereby authorized to execute the 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 2 DEVELOPMENT AGREEMENT MEADOWS OF RIVER POINTE 4TH ADDITION AGREEMENT entered into this day of , 2019 between the City of Otsego ("City"), a municipal corporation organized under the laws of the State of Minnesota, and U.S. Home Corporation D/B/A Lennar, a corporation under the laws of the State of Delaware ("Developer"). 1. Request for Plat Approval. The Developer has requested that the City approve that plat entitled MEADOWS OF RIVER POINTE 4TH ADDITION. The legal description of the property covered by this Agreement is as follows: See Exhibit A. The Plat contains thirty two (32) single family residential lots. 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 March 14, 2016. The Preliminary Plat for development of the Lahn Property was approved by the City Council on March 14, 2016. 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. 1 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 two (32) lots within the Plat does not occur until all required security has been posted. 5. Changes in Official Controls. MEADOWS OF RIVER POINTE 4TH ADDITION 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 MEADOWS OF RIVER POINTE 4TH ADDITION 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, MEADOWS OF RIVER POINTE 4TH ADDITION prepared by Sathre- Bergquist, Inc. Plan B Grading, Drainage, and Erosion Control Plan prepared by Sathre- Bergquist, Inc. and as finally approved by the City Engineer. Plan C Sanitary Sewer, Water Main, Storm Sewer and Streets Plans for MEADOWS OF RIVER POINTE 4TH ADDITION, as prepared by Sathre- Bergquist, Inc. and as finally approved by the City Engineer. 2 Plan D Landscape Plan for MEADOWS OF RIVER POINTE 4TH ADDITION, prepared by Sathre- Bergquist, Inc., and as finally approved by the City Zoning Administrator. 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 .DNF 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. 3 B. MNDOT for State Highway Access C. MNDOT for work in right of way D. Minnesota Department of Health for watermains E. MPCA NPDES Permit for construction activity F. MPCA for sanitary sewer and hazardous material removal and disposal G. DNR for dewatering H. City of Otsego for building permits I. City of Otsego for sanitary sewer connections J. City of Otsego for retaining walls 10. Dewatering. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable County, State, and Federal rules and regulations. DNR regulations regarding appropriations permits shall be strictly followed. 11. Time of Performance. The Developer shall install all listed improvements by December 31, 2020, with the exception of the final wear course of asphalt on streets and landscaping. 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 4 building permits can be issued prior to full implementation. The City may impose additional erosion control requirements if, in the opinion of the City Engineer, they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. If the Developer does not comply with the erosion control plan and schedule or any supplementary instructions, the City may, with reasonable notice 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 accepted by the City. 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. Should snow plowing be necessary prior to street paving, the Developer shall be responsible for such plowing as may be required by the Streets Supervisor. If, upon the Developer's request, the City agrees to plow the street prior to acceptance, such work will be done upon agreement that the Developer will hold harmless and indemnify the City from any and all liability claims related to such work and pay all costs associated with that work. Any plowing undertaken by the City will constitute no acceptance or evidence of acceptance of the street(s) in question. The final wear course shall not be constructed until at least one construction s season if at least 75% build out is not achieved. However, the final wear course shall not be delayed for a period longer than two years after the base course is paved, regardless of buildout; 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 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 one percent (1%) of estimated construction costs of the public improvements as 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 are 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 are as set forth on 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. There is no storm water management fee for this Plat. 26. Street and Traffic Control Signs. Before the City signs the final plat, the Developer shall pay to the City funds for installation of traffic control signs (stop signs, street signs, dead-end signs). The said amount is set forth on the attached Financial 6 Summary, Exhibit B. Using these funds, the City shall purchase and install the street and traffic control signs. 27. Street Light Construction. The Developer shall pay for the operation and maintenance of the street lights for a period of two (2) years. In order to facilitate payment for operation and maintenance of street lights, the Developer shall submit a fee as set forth on the attached Financial Summary, Exhibit B. The operation and maintenance of the street lights by the City shall not commence until such time as the street lights are actually constructed. Street lighting shall conform to adopted City Code. 28. City Engineering Administration and Construction Observation, Legal Fees Escrow and City Fees. The Developer shall pay a fee for consulting engineering administration following approval of the Plat. City engineering administration will include consultation with Developer and its engineer on status or problems regarding the project, monitoring during the warranty period, general administration and processing of requests for reduction in security. Fees for this service shall be the actual amount billed for those services, which are estimated to be three percent (3%) of the estimated construction cost of the Plan C Improvements to be inspected, assuming normal construction and project scheduling. The Developer shall pay for construction observation performed by the City Engineer. Construction observation shall include part or full time observation, as determined by the City Engineer, of proposed street, sanitary sewer, water and storm drainage construction and will be billed on hourly rates actually required for said inspection, which are estimated to be five percent (5%) of the estimated construction cost of the Plan C Improvements to be inspected. In the event of prolonged construction or unusual problems, the City will notify the Developer of anticipated cost overruns for engineering administration and observation services. Any amounts for engineering administration not utilized from this escrow fund shall be returned to the Developer when all improvements have been completed, all financial obligations to the City satisfied, and the required "as constructed" plans have been received by the City. The escrow and fee account shall also include estimated fees for Legal expenses actually incurred (with any excess funds, if any, returned to Developer as indicated further in this Paragraph 29), City Administrative Fee (a flat fee due upon execution of this Agreement), Trunk Water and Sewer Access Fees (a flat fee due upon execution of this Agreement), Transportation Infrastructure Costs (a flat fee due upon execution of this Agreement), Park and Trail Dedication Fees (a flat fee due upon execution of this Agreement), Street Light Maintenance and Operation Fee (a flat fee due upon execution of this Agreement) and shall be 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 7 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 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 initially ending three hundred sixty four (364) days from the date of issuance and shall contain an automatic renewal provision pursuant to which the security shall be deemed automatically renewed for successive one year (or 364 day) periods unless the issuer shall provide written notice of non -renewal to the City at least sixty (60) days prior to the expiration date of the letter of credit (a "Issuer Notice of Non - Renewal"). If the Developer does not replace such security with substitute security meeting the requirements hereof and reasonably acceptable to the City within thirty (30) days after the Issuer Notice of Non -Renewal, then the City may draw down the security and hold the proceeds thereof as security for the performance of the obligations of Developer hereunder. 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. The City may draw down the security for any other violation of the terms of this Agreement, which violation remains uncured after delivery of any required notice hereunder and expiration of the applicable cure period. If the security is drawn down the proceeds shall be used to cure any default and the balance held as security for the performance of any remaining obligations of the Developer hereunder. 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 in the amount as set forth in the attached Financial Summary, Exhibit B shall be posted with the City as set forth in paragraph 33 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 8 completed, all financial obligations to the City satisfied (which includes posting of warranty security), and the required "as built" plans have been received by the City. The intent of this Agreement is that the City shall have access to sufficient security, either security or warranty security, to complete the project and insure warranty on all public improvements at all times. This security amount shall be submitted to the City prior to execution of the 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 as set forth on 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. 7 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. 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 set forth in the attached Financial Summary, Exhibit B. The amount, has been determined by the City Engineer, and is based upon the costs of the raw materials and labor which would be necessary to correct the most common deficiencies in such public improvements. 34. Claims. The Developer shall pay any subcontractor within ten (10) days of the Developer's receipt of payment by the City for undisputed services provided by the subcontractor. In the event that the City receives claims from labor, materialmen, or others that perform work required by this Agreement, which is provided to real property owned by the City, and the sums due them have not been paid, and the laborers, materialmen or others are seeking payment from the City, the Developer hereby authorizes the City to commence an interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to one hundred twenty- five percent (125%) of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorney fees pursuant to this Agreement. In the event that the Developer desires to make a cash deposit instead of drawing down the letter of credit if a claim is made as stated above, they shall immediately notify the City of this intent at the time the claim is made and shall delivery one hundred twenty-five percent (125%) of the claim to the City within ten (10) days of such notice in the form of cash or certified check. 35. Restrictions. The following restrictions apply to the property and all lots thereon shall be held, sold, and conveyed subject to the following conditions and restrictions, which are for the purpose of protecting the value and desirability of the Plat and insuring that all conditions imposed by the City in this Agreement are properly recorded against the property. Said conditions shall run with the real property and be binding on all parties having a right, title or interest in the plat or any part thereof, their heirs, executors, representatives, successors and assigns: Outlots A and B shall be deeded to the City for 10 Wetland/ Storm Water Basin and trail purposes. There will be public trail constructed through Outlot A between 59th Street and Rathburn Avenue. The Homeowners Association shall maintain the trail and shall record documents to this affect satisfactory to the City at the time the Final Plat is recorded. 36. Responsibility for Costs. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by them or the City in conjunction with the development of the Plat, including, but not limited to, legal, planning, engineering, and inspection expenses incurred in connection with development of said 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 any claims based on the negligence or willful misconduct of City, its employees, agents and contractors, 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, and such failure remains uncured as of a date thirty (30) days after delivery of written notice to the Developer of such failure, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer 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, and the failure of Developer to cure such default within thirty (30) days after delivery of written notice from the City (a "Developer Default") 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. 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 11 required the City will make all reasonable efforts to notify the Developer as soon as possible. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part pursuant to any applicable statutes or ordinances. 38. Miscellaneous. A. The Developer represents to the City that to best of its knowledge, the Plat complies with all City, County, State, and Federal laws and regulations, including but not limited to, Subdivision Ordinances, Zoning Ordinances, and environmental regulations except where specifically excluded by this agreement. If the City determines that the Phase does not comply, the City may, at its option, refuse to allow 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. The occurrence and continuance of a Developer Default under this Agreement 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 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 12 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 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 13 Developer by registered mail at the following address: Attention: Josh Metzer, Lennar, 16305 36t" Avenue N., Suite 600, Plymouth, MN 55446. Notice to the City shall be in writing and shall be either hand delivered to the City Clerk at the following address: City of Otsego, City Hall, 13400 90th Street NE, Otsego, MN 55330, Attention: City Clerk 14 CITY OF OTSEGO mm Jessica Stockamp, Mayor Tami Loff, City Clerk DEVELOPER U.S. HOME CORPORATION D/B/A LENNAR PEN Its: STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2019, by Jessica Stockamp, Mayor and by Tami Loff, City Clerk, of the City Otsego, a Minnesota municipal corporation, on behalf of the City and pursuant to the authority of the City Council. Notary Public 15 STATE OF MINNESOTA ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 2019 by the of U.S. Home Corporation D/B/A Lennar, with authority and on behalf of the corporation. DRAFTED BY: MACARTHUR LAW OFFICE, LLC 11205 46h Place N. Plymouth, MN 55442 (763) 226-3497 16 Notary Public EXHIBIT A LEGAL DESCRIPTION Outlot C, MEADOWS OF RIVERPOINTE 4TH ADDITION, according to the Plat on file and of record at the Office of the County Recorder, Wright County, Minnesota. 17 EXHIBIT B FINANCIAL SUMMARY (ATTACHED) 18 MEADOWS OF RIVER POINTE 4TH ADDITION RNOW ALLPERSONSHVTHRS-RPSE.IVTS: ThUIJS. HunwCmpomJugv OelmwmcurpumJuq Yw ownmafMe fvllmvlmdeumhea OmpmyolluulN In llm SmeofMlnnemm Cmnry vfwdlNt to wlc 0-1 C MFAl50W5 OF — POBFFE 3RD AODIHON. Humu,ed Nemm m be—gry and plvvd m hff 0 VS OFNNER1b011E 4tH "DF—and does bmeby mdlmm m Ne publle for publle. Jw publle w and Ne dmlmge and uJbrym,nnwumnwlN by -plot Iv wlmm,wh—I.. 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