ITEM 3.12 Pleasant Creek Farms 6th AdditionOtSegTYF o
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
8 June 2020
PRESENTER(s)
REVIEWED BY:
ITEM #:
City Planner Licht
City Administrator/Finance Director Flaherty
City Engineer Wagner
3.12 — Pleasant Creek Farms
6th
STRATEGIC VISION
MEETS:
I THE CITY OF OTSEGO:
Is a strong organization that is committed to leading the community through innovative
communication.
Has proactively expanded infrastructure to responsibly provide core services.
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.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of a revised final plat and development agreement for Pleasant Creek
Farms 6th Addition
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes
No
BACKGROUND/JUSTIFICATION:
A preliminary plat and PUD-CUP was approved on 13 January 2013 to subdivide 19.2 acres located north of
77th Street and east of CSAH 19 into 47 single family lots. The subject site was previously final platted on
23 February 2005 for development of 209 townhouse units of which 131 were constructed and 78 not
constructed. The subject site also consists of two outlots preliminary platted as future phases of additional
townhouse units as part of Pleasant Creek Farms. A final plat for the 47 single family lot preliminary plat
was approved on 10 September 2018.
However, the developer did not record the final plat within 100 days as required by Section 10-5-3.13.8 of
the Subdivision Ordinance and the approval expired. The property owner submitted applications and a
public hearing to reconsider the preliminary plat was held by the Planning Commission at their meeting on
18 November 2019. Application also included a final plat of the 4 lots fronting onto 77th Street. The City
Council approved the preliminary plat, final plat and development agreement at their meeting on 25
November 2019. The property is now to be acquired by Tamarack Development, which has submitted a
revised final plat to include 17 single family lots.
Comprehensive Plan. The Comprehensive Plan guides the subject site for medium to high density
residential land uses. The proposed single family lots provide a transition between existing single family
homes to the east and existing/future townhomes to the north and west of the subject site. Single family
dwellings are an acceptable land use within this land use category.
Zoning. The subject site is zoned, R-6 Medium Density Residential District, which allows single family
dwellings as a permitted use.
Preliminary Plat Consistency. The design of the final plat is consistent with the preliminary plat as
approved by the City Council on 25 November 2019.
Streets. The final plat includes construction of Lambert Avenue north of 77th Street and Lambert Circle
west of proposed Lambert Avenue as public streets. Lambert Avenue and Lambert Circle have a 60 foot
right-of-way and are a 28 foot wide section with curb and a five foot wide concrete sidewalk on one side of
Lambert Avenue as required by the Subdivision Ordinance and Engineering Manual. A sign will be installed
identifying future extension of Lambert Avenue. All street construction plans are subject to review and
approval of the City Engineer.
Lot Requirements. Under the PUD-CUP approved with the preliminary plat, single family lots within
Pleasant Creek Farms 6th Addition are to be subject to the minimum requirements shown in the table
below. All of the proposed lots illustrated on the final plat comply with these requirements.
Lot
Area
Lot
Width
Lot
Depth
Setbacks
Front'
Sidea
Rear
Wetland
Interior
9,OOOsf.
(net)
60ft.
100ft.
30ft.
7ft.
20ft.
40ft.
Corner
90ft.
25ft.
a. The setback for a front yard or side yard of a corner lot abutting 771h Street shall
be 35 feet.
Landscaping. The preliminary plat/PUD-CUP approval for Pleasant Creek Farms 6th Addition included a
landscape plan to provide for boulevard landscaping along the public streets as well as buffer yard
plantings for the properties to the west as required by Section 11-19-2.13 of the Zoning Ordinance. The
development agreement includes a security for the installation and warranty for these plantings for the
first phase of development.
Park and Trail Dedication. The Parks System Master Plan does not designate any area within the area of
the preliminary plat for additional park land acquisition. Park and trail dedication requirements for the
final plat established by Section 10-8-15 of the Subdivision Ordinance will be satisfied by payment of a cash
fee in lieu of land. Park and trail dedication fees were paid for 78 townhouse dwellings as part of the final
plat of Pleasant Creek Farms 41h Addition being replatted with the current application. The amount of the
park and trail dedication fees paid for the townhouse dwelling units satisfies the requirements for the
proposed single family lots.
Utilities. The developer has submitted utility plans for the proposed final plat. All utility plans are subject
to review and approval by the City Engineer. Availability charges for sewer and water utilities were paid
for the 78 townhouse dwelling units within Pleasant Creek Farms 4th Addition being replatted with the
current application. The amount of the sewer and water availability charges with Pleasant Creek Farms 4th
Addition satisfies the requirements for the proposed final plat. A sewer and water connection charge will
be paid at the time a building permit is issued for each lot in accordance with the current fee schedule in
effect.
Grading and Drainage Plans. The developer has submitted grading and drainage plans for the proposed
final plat. The final plat must be revised to plat planned stormwater basins within Outlot A as outlots and
designate the future phase as Outlot C. All grading and drainage plans are subject to review and approval
by the City Engineer. The developer is required to pay a Stormwater Impact Charge for Otsego Creek at
the time of final plat approval for the portion of the subject site not included with in the final plat of
Pleasant Creek Farms 4th Addition.
Easements. The final plat illustrates drainage and utility easements at the perimeter of each single family
lot as required by Section 10-8-12.A of the Subdivision Ordinance. All proposed drainage and utility
easements on the final plat are subject to approval of the City Engineer.
Street Lighting. Section 8-8-4 of the City Code specifies installation of street lighting for new subdivisions.
Type I lighting will be required to be installed by the developer at the corners of intersecting local streets
and at the cul-de-sac terminus. The development contract will provide for payment of the street light
operation fee of as established by the City Code.
Outlots. The proposed final plat includes Outlot A for a future phase of development, that will be retained
by the developer. As noted above, the stormwater basins within the outlot must be platted separately and
deeded to the City.
Development Agreement. City staff has revised the development agreement drafted by the City Attorney
to adjust for the revised final plat to provide for construction of the project, completion of all public
improvements, establishment of required securities, and payment of applicable fees. The Development
Agreement is to be adopted by resolution of the City Council concurrent with the final plat approval and
executed prior to recording of the final plat.
SUPPORTING DOCUMENTS ATTACHED: I
■ Site Location Map
■ Final Plat
■ Engineering Review dated June 4, 2020.
■ Findings of Fact and Decision
■ Resolution 2020-37 approving a Development Agreement
■ Development Agreement
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES:
Motion to approve the Pleasant Creek Farms 6th Addition Final Plat subject to the conditions in the Findings
of Fact and Decision as presented and adopt Resolution 2020-37 approving a Development Agreement.
BUDGET INFORMATION
FUNDING: BUDGETED:
NA
Site Location Map
Overview
Legend
Roads
— CSAHCL
— CTYCL
— MUNICL
— PRIVATECL
— TWPCL
Highways
Interstate
— State Hwy
— US Hwy
City/Township Limits
c
of
Parcels
Review No. 1
Hakanson
I-IIIAnderson
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
Dave Kendall, City Attorney
Dale Willenbring, Tamarack Land Development, LLC
Marty Campion, P.E. Campion Engineering Services, Inc.
Reviewed by:
Ronald J. Wagner, P.E.
Brent M. Larson, P.E.
Date:
June 4, 2020
Proposed
Development:
Pleasant Creek Farms 6' Addition
Street Location
A portion of the NW 1/4 of S25, T121, R24, north of 77t" Street,
of Property:
east of LaBeaux Avenue NE.
Applicant:
Dale Willenbring
Developer:
Tamarack Land Development, LLC
P.O. Box 89
Waconia, MN 55387
Owners of Record: OP3 Pleasant Creek LLC
Purpose: Pleasant Creek Farms 6t' Addition is a proposed 9.24± acre, 17 lot
single-family residential development in the City of Otsego,
Wright County, Minnesota. This is a replat of a portion of the
Pleasant Creek Farms 4' Addition. 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), and
(but not limited to) Minnesota Pollution Control Agency (sanitary sewer)
TABLE OF CONTENTS
INFORMATION AVAILABLE
FINAL PLAT
GRADING PLANS
COVER
EXISTING CONDITIONS AND REMOVALS
GRADING PLAN
SWPPP PLAN
DETAILS
CONSTRUCTION PLANS
COVER
OVERALL AND REMOVALS PLAN
SANITARY AND WATERMAIN CONSTRUCTION PLAN
STREET AND STORM SEWER CONSTRUCTION PLAN
DETAILS
HYDROLOGY & STORM SEWER DESIGN
WETLANDS
OTHER CONSIDERATIONS
SUMMARY AND/OR RECOMMENDATIONS
PAGE 2
S:\Municipal\Hotsego22xx\2299.06\ot2299.06 RVW1.docx
INFORMATION AVAILABLE
Final Plat for Pleasant Creek Farms 6" Addition, received 6/l/2020, by Wenck Associates
Grading Plans for Pleasant Creek Farms 6" Addition, 5/29/2020, by Campion Engineering
Services, Inc.
Construction Plans for Pleasant Creek Farms 6th Addition, 2/11/2020, by Westwood Professional
Services, Inc. and revised by Campion Engineering Services, Inc.
Previous Pleasant Creek Farms Additions' Information
Storm Sewer Design calculations for Pleasant Creek Farms 5m Addition, 2/14/14, by Westwood
Professional Services, Inc.
Stormwater Ponding calculations for Pleasant Creek Farms 5th Addition, 2/13/14, by Westwood
Professional Services, Inc.
Preliminary Plat Submittal, 11/11/13, by Westwood Professional Services, Inc.
Final Plat of Pleasant Creek Farms 4th Addition, filed 5/4/05, by Westwood Professional
Services, Inc.
Preliminary Plat of Pleasant Creek Farms, 3/18/03, by McCombs Frank Roos Associates, Inc.
Grading, Drainage and Erosion Control Plan for Pleasant Creek Farms, 10/30/03 revision, by
McCombs Frank Roos Associates, Inc.
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\Notsego22xx\2299.06\ot2299.06 RVW1.docx
PRELIMINARY PLAT
The preliminary plat documents were previously submitted in 2013 and never revised or
resubmitted. The following items were not addressed and are not included in the final plat
documents;
EXISTING CONDITIONS
1. A written of environmental certification is required from the previous land owner. (21-6-
2.13.11 Section corners and section lines shall be clearly depicted and labeled on the plan.
(21-6-2.A.2.)
2. Boundary lines to include bearings, distances, curve data, shall be clearly indicated in the
plans. (21-6-2.B.1)
3. Existing zoning classifications for land in and abutting the subdivision shall be shown on
the plan. (21-6-2.B.2.)
4. Location, size, and elevations of existing storm sewer and culverts, or any other
underground facility within 150 feet of the proposed plat, shall be shown on the plan.
(21-6-2.B.5.)
5. Adjoining unsubdivided and subdivided, within 150 feet of the plat, shall be identified by
name and ownership, include all contiguous land owned or controlled by the applicant.
(21-6-2.B.6.)
6. The normal water and 100-yr high water elevations are needed for all ponds/wetlands
within 150' of the boundaries (21-6-2.B.9).
7. The existing contours shall have elevation labels.
Include the proposed HWL elevations for existing ponds.
North Pond (Pond 23W) South Pond (Pond 23E)
NWL = 948.0 NWL = 941.5
2yr HWL = 948.95 2yr HWL = 942.6
10 yr HWL = 950. 10 10 yr HWL = 943.2
100 yr HWL = 951.51 100 yr HWL = 944.0
FINAL PLAT
9. Round ROW at intersection of 771h Street and Lambert Avenue.
10. Drainage and utility easements will be needed in a number of areas of Outlot A (i.e.
storm ponds, drainage swales)
11. It appears that the 25' wide rear yard easements for Lots 1-2, Block 3 may no longer be
necessary with the plat. Typical 10' easements appear sufficient.
PAGE 4
S:\Municipal\Aotsego22xx\2299.06\ot2299.06 RVW1.docx
GRADING PLANS
COVER SHEETS
12. Provide approval signature line for Ronald J. Wagner, City Engineer.
13. Provide a datum for the benchmark. If the datum is not 1929 NGVD an equation relating
the datums is necessary as most previous street and utility projects in the area at based on
the 1929 datum.
EXISTING CONDITIONS AND REMOVALS
14. Remove the existing bituminous trail along the west side of 6th Addition. The pedestrian
ramp on the south side of 77' Street will also need to be removed.
15. Remove or move the existing irrigation service for the townhomes in the southwest
corner of 6th Addition near 77th Street.
16. Label the OHW for the wetland along the creek and designed NWL, 2-yr, 10-yr, and 100-
yr HWL elevations for the pond in Outlot A.
GRADING SHEET
17. See comment 411.
18. The drainage swale in the rear yards of Block 3 is outside the easement. The swale
should be shifted to within the easement or additional easement is needed.
19. Show the wetland buffer (average 20') along creek.
20. Label the OHW for the wetland along the creek and designed NWL, 2-yr, 10-yr, and 100-
yr HWL elevations for the pond in Outlot A.
21. Provide an defined EOF location for the pond in Outlot A and the wetland/creek. This
overflow shall have articulated block/cable concrete.
SWPPP PLAN
22. No comments.
CONSTRUCTION PLANS
The construction plans were previously submitted and reviewed in July 2018 by Westwood
Professional Services. Campion Engineering Services has marked up the previous construction
plans indicating the current 6th Addition improvements but a formal set of Construction Plans
prepared by a registered Engineer at Campion Engineering Services shall be submitted. The
following comments are based on the Westwood Plans dated 2/11/2020;
PAGE 5
S:\MunicipalWotsego22xx\2299.06\ot2299.06 RVW1.docx
COVER SHEET
23. No Comments.
OVERALL AND REMOVALS PLAN
24. Show cluster mailbox locations on the plan. Locations subject to Postmaster approval.
25. The storm sewer run from CBMH 522 to FES 518 shall be installed with 6th Addition.
26. Remove or move the existing irrigation service for the townhomes in the southwest
corner of 6th Addition near 77th Street.
SANITARY AND WATERMAIN CONSTRUCTION PLAN
27. Services to Lots 1-4, Block 2 will need discussion. Water services to Lot 1 and 3 form
adjacent Lots will not be allowed.
STREET AND STORM SEWER CONSTRUCTION PLAN
28. No comments.
STREET AND STORM SEWER CONSTRUCTION PLAN
29. No comments.
SURFACE WATER MANAGEMENUSTORM SEWER SYSTEM
30. Per previously submitted drainage calculations a portion of the downstream pipe capacity
appears to be insufficient to handle the 10-yr storm event. The pipe is being shown as
under pressure. This is not allowed and will required discussion between the Developer's
engineer and the City engineer.
31. The storm pond in Outlot A and servicing 6th Addition appears to meet all City and NPDES
design requirements with the exception of not using the most recent NOAA rainfall events.
As this pond was design as a "regional pond" for the original development in the early
2000's this will be allowed.
WETLANDS
32. A No Loss - Notice of Decision was approved 10/7/13 per the Minnesota Wetland
Conservation Act.
SUMMARY AND/OR RECOMMENDATION
We recommend approval contingent upon the above comment being addressed.
PAGE 6
S:\Municipal\Aotsego22xx\2299.06\ot2299.06 RVW1.docx
2 Jun 2020
SI fY 4
0 ale 0
Ku1111101 i g
FINDINGS OF FACT AND DECISION
APPLICANT: Tamarack Development
APPLICATION: Request for approval of a final plat to be known as Pleasant Creek Farms 6tn
Addition.
CITY COUNCIL MEETING: 8 June 2020
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 as follows:
Lots 1 through 4, inclusive, Block 1;
Lots 1 through 4, inclusive, Block 2;
Lots 1 through 4, inclusive, Block 3;
Lots 1 through 3, inclusive, Block 4;
Lots 1 through 4, inclusive, Block 5;
Lots 1 through 5, inclusive, Block 6;
Lots 1 through 6, inclusive, Block 7;
Lots 1 through 8, inclusive, Block 8;
Lots 1 through 8, inclusive, Block 9;
Lots 1 through 8, inclusive, Block 10;
Lots 1 through 8, inclusive, Block 11;
Outlots A, C and D; all in PLEASANT CREEK FARMS 4TH ADDITION, Wright
County, Minnesota.
AND
That part of Outlot B, PLEASANT CREEK FARMS 4TH ADDITION, according to
the recorded plat thereof, Wright County, Minnesota, lying northerly of the following
described line:
Commencing at the northwest corner of said Outlot B; thence South 00 degrees 58
minutes 34 seconds East, assumed bearing along the west line of said Outlot B, a
distance of 475.00 feet to the point of beginning of the line to be described; thence
North 89 degrees 01 minutes 26 seconds East, a distance of 320.30 feet to the
east line of said Outlot B and said line there terminating.
Except that part of Outlot B, PLEASANT CREEK FARMS 4TH ADDITION,
described as follows:
Commencing at the northwest corner of said Outlot B; thence South 00 degrees 58
minutes 34 seconds East, assumed bearing along the west line of said Outlot B, a
distance of 475.00 feet to the point of beginning; thence North 89 degrees 01
minutes 26 seconds East, a distance of 279.00 feet; thence North 00 degrees 58
minutes 34 seconds West, a distance of 146.00 feet; thence South 89 degrees 01
minutes 26 seconds West, a distance of 279.00 feet to said west line; thence South
00 degrees 58 minutes 34 seconds East along said west line, a distance of 146.00
feet to the point of beginning.
B. The subject site is guided by the Comprehensive Plan for low medium to high density
residential uses within the East Sewer District.
C. The subject site is zoned R-6, Medium Density Residential District.
D. The City Council approved application for preliminary plat and PUD-CUP of the property on
25 November 2019.
E. The applicant has applied for a final plat of 17 single family lots.
F. The Request for Council Action dated 8 June 2020 prepared by the City Planner, The
Planning Company LLC, is incorporated herein.
G. The Engineering Review dated June 4, 2020 prepared by the City Engineer, Hakanson
Anderson Inc., is incorporated herein.
H. Final plat applications are to be processed in accordance with Section 10-5-3 of the
Subdivision Ordinance and do not require review by the Planning Commission.
DECISION: Based on the foregoing information and applicable ordinances, the application is
hereby APPROVED subject to the following conditions:
1. All rights -of -way, street design and construction plans, and street lighting shall be subject to
review and approval by the City Engineer.
2. Lots within the final plat shall be subject to the requirements of the R-6 District except as may
be modified below:
Lot
Area
Lot
Width
Lot
Depth
Setbacks
Front/
Side Corner'
Side
Interior
Rear
Wetland
Interior
9,000sf.
(net)
60ft.
100ft.
25ft./
30ft. garage
face
7ft.
20ft.
40ft.
Corner
90ft.
1. The setback from 77t Street shall be 35ft.
3. All utility plans and issues shall be subject to review and approval by the City Engineer.
4. Stormwater basins shall be platted within outlots to be deeded to the City in accordance with
Section 10-8-12.D of the Subdivision Ordinance for stormwater management purposes.
5. All grading, drainage, and erosion control plans and issues shall be subject to review and
approval of the City Engineer.
6. All easements shall be subject to review and approval of the City Engineer.
7. The developer shall be entitled to credits related to utility availability charges, park dedication
fees paid in lieu of land, and Otsego Creek stormwater area charges paid with the final plat
and development contract for Pleasant Creek Farms 4th Addition. The amount of the credit
will be limited as being up to the amount of the charges due for the Pleasant Creek Farms 6th
Addition preliminary plat. Any uncredited portion of the charges paid with the Pleasant Creek
FA
Farms 4th Addition final plat shall be retained by the City.
The developer shall execute a development agreement as required by Section 10-10-4.A of
the Subdivision Ordinance drafted by the City Attorney and subject to approval of the City
Council concurrent with final plat approval.
9. The final plat shall be recorded by 16 September 2020 as provided for Section 10-5-3.B.8 of
the Subdivision Ordinance.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
Attest:
ADOPTED by the City Council of the City of Otsego this 8th day of June, 2020.
Tami M. Loff, City Clerk
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
3
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2020-37
APPROVING A DEVELOPMENT AGREEMENT FOR
PLEASANT CREEK FARMS 61" ADDITION
WHEREAS, Tamarack Land — Pleasant Creek LLC (the "developer") is proposing a final plat of Pleasant Creek
Farms 6th Addition; and
WHEREAS, a preliminary plat for the development was approved on 25 November 2019 by the City Council;
and
WHEREAS, Section 10-10-4.A of the Subdivision Ordinance requires the developer to enter into a
development agreement to provide the City construction and warranty securities for the public and
private improvements and to provide the City various remedies in the event that the developer
breaches the terms and conditions of said agreement; and
WHEREAS, those obligations are outlined and memorialized in the attached Development Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA THAT:
1. The Development Agreement attached hereto between the City of Otsego and Tamarack Land —
Pleasant Creek LLC is hereby approved in form subject to modification of fees, charges, and
securities as approved by City staff.
2. The Mayor and City Clerk are hereby authorized to execute the Development Agreement on behalf
of the City of Otsego.
1
ADOPTED by the Otsego City Council this 8th day of June, 2020.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
01
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
ATTEST:
Tami M. Loff, City Clerk
DEVELOPMENT AGREEMENT
PLEASANT CREEK FARMS 6TH ADDITION
THIS DEVELOPMENT AGREEMENT (the "Agreement") entered into this day of June,
2020 between the City of Otsego ("City"), a municipal corporation organized under the laws of the State of
Minnesota, and Tamarack Land — Pleasant Creek LLC, a limited liability company under the laws of the
State of Minnesota ("Developer").
1. Request for Plat Approval. The Developer has requested that the City approve that plat
entitled PLEASANT CREEK FARMS 6' ADDITION (the "Plat"). The legal description of
the property covered by this Agreement is as follows:
See Exhibit A (the "Property")
The Plat contains seventeen (17) single family residential lots and two outlots. The plat is located
within the City's West Sewer District, is zoned R-6, Medium Density Residential District as approved by
Ordinance adopted by the City Council on January 13, 2013.
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 the Agreement, and record the Plat and
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 ancillary 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
1
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
seventeen (17) lots within the Plat does not occur until all required security has been posted.
5. Changes in Official Controls. PLEASANT CREEK FARMS 6TH 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 PLEASANT CREEK FARMS 6' 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, or 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, PLEASANT CREEK FARMS 6TH ADDITION prepared by
Westwood Professional Services, Inc.
Plan B Grading, Drainage, and Erosion Control Plan prepared by Westwood
Professional Services, Inc. and as finally approved by the City Engin
Plan C Sanitary Sewer, Water Main, Storm Sewer and Streets Plans for PLEASANT
CREEK FARMS 6TH ADDITION, as prepared by Westwood Professional
Services, Inc. and as finally approved by the City Engineer.
Plan D Landscape Plan for PLEASANT CREEK FARMS 6TH ADDITION, prepared
by Westwood Professional Services, Inc., and as finally approved by the City
Zoning Administrator.
7. Improvements. The Developer shall install and/or pay for the following public
improvements (the "Public Improvements" or "Improvements":
2
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
L Construction surveying and staking
J. Traffic control signs
3
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 505.021, Subd. 9 (3). 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
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 Improvements by December 31, 2020,
with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be
installed not later than October 15"' and in accordance with Section 17 of this Agreement. 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
L!
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 Property 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 expiration of any applicable warranty period.
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, the City Engineer 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 be beneficial to the
Property, the City may impose, with notice to the Developer, additional reasonable control measures. 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. Property grading shall be in accordance with the approved Grading Plan, Plan
B. The Grading 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
5
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 located within 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 (1) construction season after
the base construction is completed and shall be delayed one more construction 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 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 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 Financial Summary, Exhibit B.
20. Sewer Availability Charges. The Sewer Availability Charges for this Plat have already been
paid with the previous Plat, PLEASANT CREEK FARMS 4Tx ADDITION.
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.
G
22. Water Availability Charges. The Water Availability Charges for this Plat have already been
paid with the previous Plat, PLEASANT CREEK FARMS 4TH ADDITION.
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 have already been
paid with the previous Plat, PLEASANT CREEK FARMS 4TH ADDITION.
25. Storm Water Management Fee. The Trunk Storm Water Fee for the Plat is set forth in the
Financial Summary, Exhibit B.
26. Street and Traffic Control Signs. Before the City signs the Final Plat, the Developer shall
pay to the City for installation of traffic control signs (stop signs, street signs, dead-end signs and wetland
signs). Using these funds, the City shall purchase and install the street and traffic control signs. The amount
due for Street and Traffic Control signs is set forth in the Financial Summary, Exhibit B.
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 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.
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
7
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 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.
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 (the "Letter of Credit") with automatic renewal provisions in the amount as set forth on the
Financial Summary, Exhibit B.
The issuer and form of the Letter of Credit shall be subject to City approval. The Letter of
Credit 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 Letter of Credit at a bank or branch
bank located within fifty (50) miles of the City Hall. The Letter of Credit shall be for a term ending October
15, 2020 and shall contain an automatic renewal provision. The City may draw down the Letter of Credit 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 Letter of Credit of the impending expiration and the status of the project relative to the
Security Funds and compliance with this Agreement. If, for whatever reason, the Letter of Credit lapses prior
to full compliance with this Agreement (other than during any warranty period), the Developer shall
immediately provide the City with either an extension of the term 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 term, the City may also draw down the Security Funds in the
amount necessary to complete each applicable Public Improvement. If Security Fund are 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 Funds balance may be reduced
from time to time down to the amount of warranty security as set forth in the Financial Summary, Exhibit B.
3
A warranty security 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 the warranty security, the Security Funds shall not be reduced
below ten percent (10%) of the posted security until all Improvements have been completed, all financial
obligations to the City have been 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 Funds shall be submitted to the City prior to execution of 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.
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 in the Financial Summary, Exhibit B.
30. Landscaping. The Developer shall install trees upon each lot within the Plat of a species
approved by the Zoning Administrator in accordance with the approved Landscape Plan. 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 ensure 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.
M
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.
The 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 ensure 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. Water Meters shall be installed on each residential dwelling 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
on the 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) business 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 deliver one hundred twenty-five percent (125%) of the
claim to the City within ten (10) business days of such notice in the form of cash or certified check.
10
35. Restrictions. The following restrictions apply to the properly 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 conveyed to the City.,
36. Responsibility for Costs.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it
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 negligence of the 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
reasonable 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
Developer may or may not have sold, until all outstanding undisputed bills are paid in
fall. 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 29 to pay for any work undertaken, provided the Developer is first given
notice of the matter in default, not less than seven (7) days in advance and provided with 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.
11
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 within the Plat until the Developer does comply.
Upon the City's demand, the Developer shall cease work until compliance has been
established.
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 portions 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
constitute 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 it under this Agreement as set forth in Section 7, at the Developer's
request, the City will execute and deliver to the Developers a release or partial
release(s) of this Agreement in the form required to be recorded against title to the
Property.
12
H. The Developer shall procure 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 its 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 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.
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 Developer, upon application, the City will enter into negotiations regarding those
specific terms and shall not unreasonably withhold consent to appropriate changes to
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 effects
that its drainage work 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: Dale Willenbring, Tamarack Land - Pleasant Creek LLC, 1536 Beachcomber
Boulevard, Waconia, MN 55387. Notice to the City shall be in writing and shall be either hand delivered or
mailed to the City Clerk at the following address: City of Otsego, Attention City Clerk, 13400 90' Street NE,
Otsego, MN 55330.
13
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
Tami M. Loff, City Clerk
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
2020, by Jessica L. Stockamp, Mayor and by Tami M. 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
DEVELOPER
TAMARACK LAND - PLEASANT CREEK LLC
C
STATE OF MINNESOTA )
ss.
COUNTY OF )
Its
The foregoing instrument was acknowledged before me this day of
2020 by the of Tamarack Land - Pleasant
Creek LLC, a Minnesota limited liability company, with authority and on behalf of the company.
DRAFTED BY:
MACARTHUR LAW OFFICE, LLC
3601 Thurston Avenue North
Suite 103
Anoka, MN 55303
(763) 231-5850
Notary Public
15
EXHIBIT A- LEGAL DESCRIPTION
Lots 1 through 4, inclusive, Block 1;
Lots 1 through 4, inclusive, Block 2;
Lots 1 through 4, inclusive, Block 3;
Lots 1 through 3, inclusive, Block 4;
Lots 1 through 4, inclusive, Block 5;
Lots 1 through 5, inclusive, Block 6;
Lots 1 through 6, inclusive, Block 7;
Lots 1 through 8, inclusive, Block 8;
Lots 1 through 8, inclusive, Block 9;
Lots 1 through 8, inclusive, Block 10;
Lots 1 through 8, inclusive, Block 11;
Outlots A, C and D;
All in Pleasant Creek Farms e Addition, Wright County, Minnesota
That part of Outlot B, PLEASANT CREEK FARMS 4' ADDITION, according to the recorded plat thereof,
Wright County, Minnesota, lying northerly of the following described line: Commencing at the northwest
corner of said Outlot B; thence South 00 degrees 58 minutes 34 seconds East; assumed bearing along the
west line of said Outlot B, a distance of 475.00 feet to the point of beginning of the line to be described;
thence North 89 degrees 01 minutes 26 seconds East, a distance of 320.30 feet to the east line of said Outlot
B and said line there terminating.
Except that part of Outlot B, PLEASANT CREEK FARMS 4' ADDITION, described as follows:
Commencing at the northwest corner of said Outlot B; thence South 00 degrees 58 minutes 34 seconds East,
assumed bearing along the west line of said Outlot B, a distance of 475.00 feet to the point of beginning;
thence North 89 degrees 01 minutes 26 seconds East, a distance of 279.00 feet; thence North 00 degrees 58
minutes 34 seconds West; a distance of 146.00 feet; thence South 89 degrees 01 minutes 26 seconds West a
distance of 279.00 feet to said west line; thence South 00 degrees 58 minutes 34 seconds East along said west
line, a distance of 146.00 feet to the point of beginning.
16
FINANCIAL SUMMARY (ATTACHED)
17
PLEASANT CREEK FARMS 6TH ADDITION
EXHIBIT "B"
Summary of Financial Responsibility
Developer's Agreement
City of Otsego
Tamarack Land — Pleasant Creek LLC
I. Security - Letter of Credit
Construction Costs
A. Sanitary Sewer - Lateral & Trunk
B. Watermain - Lateral & Trunk
C. Storm Sewer - Lateral
D. Streets
Other Cost
E. Site Grading, Erosion & Sediment Control and Wetland Protection
F. Engineering & Surveying Construction Services (6.5%)
G. Landscaping
H. Wetland Replacement
I. Private Signage and Pavement Markings
J. Retaining Walls
Total Irrevocable Letter of Credit for Security (125% of Subtotal)
$92,590.00
$88,470.00
$53,220.00
$208, 900.00
Construction Subtotal $443,180.00
$30,630.00
$28, 806.70
$0.00
$0.00
$0.00
$0.00
Other Cost Subtotal $59,436.70
Total Subtotal $502,616.70
$628,270.88
II. Escrow
A. Legal Service - 1.0% of $443,180.00 ($1,500 minimum) $4,431.80
B. City Administrative - 1.0% of $443,180.00 ($1,500 minimum) $4,431.80
C. City Construction Administration and Utility & Street Inspection ($5,000 minimum) $35,454.40
8% of $443,180.00
Total Escrow
III. Cash Fee
A. Trunk Water & Sewer Access Fees
1. Trunk Sewer (SAC)
0 REC X $2,597 /REC
2. Trunk Water (WAC)
0 REC X $1,813 /REC
B. Trunk Storm Water Management Impact Fee
5.63 Net Ac X $3,588 /Net Acre
C. Park & Trail Dedication Fee
D. Street & Traffic Control Signs
E. Street Lights
F. GIS Data Entry Fee
Total Cash Fee
0 Units X $2,640 /Unit
10 Signs X $250 /Sign
3 Lights X $500/light
5.63 Ac X $100 /Acre
$44, 318.00
Paid with 4th Addition $0.00
Paid with 4th Addition $0.00
$20,200.44
Paid with 4th Addition $0.00
$2,500.00
$1,500.00
$563.00
$24,763.44
PAGE 1 OF 2
6/2/2020
PLEASANT CREEK FARMS 6TH ADDITION
EXHIBIT "B"
Summary of Financial Responsibility
Developer's Agreement
City of Otsego
Tamarack Land — Pleasant Creek LLC
III. Development Credits
A. Trunk Sanitary Sewer
B. Trunk Watermain
C. Trunk Storm Water Management
D. Park & Trail
E. Transportation Infastructure
Total Development Credits
IV. Development Warranty Letter of Credit
A. Sanitary Sewer
B. Watermain
C. Storm Sewer
D. Streets
$92,590.00 x 15 %
$88,470.00 x 15 %
$53,220.00 x 15 %
739 LF x $25/LF
E. Erosion & Sedimentation Control
17 Lot x $250/Lot
Total Warranty Letter of Credit
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$13,888.50
$13,270.50
$7, 983.00
$18,475.00
$4,250.00
$57, 867.00
PAGE 2OF2
6/2/2020
Y w
W m
U
Z U ry
W U o
C.
E
�
y
a<>
?
U
u
-
E
aE
E
to
ENE
n�
g
a
n n
o so
mim_
�rE
N
r
n
3
fiy$
-
o.ur+
_
pn
�` 6 c
•a '� c
uI o N
m
o
v
n
-
9Ea
N r
7.
oY
mw
E
S
i
t
ino
c
� z
o u
�' _ c �wnc
voice
d u
N
a c o
v c
zcso
g
a'
o
E
n
r
as5-9
o°
E
It
9 d E moo..°
a o 3}o)a�o
o
uo
o
I
o
¢�
rn coi
LL CCL -
a Kc"C
K t m
of z°
,C
3
Yo
S«
_
DN
OU m om
mniw�
0
m m No x6
U
._fr o
1�o��m��
o
- om
u° E�
_
-
eo
EE
s�"moo
vL Ear
_
`on
mxvim�
do<`o-E'
rH oo�`
o-°mom._
oo �a
•E
"n=�u
E
9m.i .
nO
rnv tw n
LN�omc-
oo 3"
"O
we e�
z c_
$
v-
-
U"
ca
ri uiO
O•- Moron
°� c
O
mCOZN3�
m� Fa
ui 4m
u�
c
LL6
"O
cma�a
Ea
No'-N Oi
Q U_m
-ZUVOc
c i.p
OZr -
-
da
viD�'
nd�m ri3
z
F� y3r«'o E
o
Eovi-_
mLmm
n5os cv
N 0
o
y m
m;m�
FF.
Z n
a,-
v a
g=
N N o -3
Q` o o'F Q
C
v~.- w w O
J c
O n
V
E
n 3
�m'%Q
o
<m Oocv; a
OoE000m
cz o
o«
cEc
E"
Ev
< o�
•
'nc m°cwd m
.2 .,' 1-O°
n
yrnmN�N
..E
�� m-
c
".oaoo
;�y~mu
do
a'^mstn
a - �~ ¢
pdOp 1�.
-
00000 YW
¢
N6
E"c
o N
$
o
c
c .?
aN rvV�"
€o•
hmnm4
wo c�c"_ <
c.°.noc°
E
E
nmw m
O o N
�Z.E"t'mnco
y�
W� v
K
o rcA 51
mom`
m� m� 'cm
U'Ov
01oOo maw
Z
z`o
_
3o v
°'
n
�c
ou�E�o-
T
z
oin�
etc
m
�c Yo�•E
ocwo
YNr �
ocw dw33Ys
cmw
¢'m _
Qn o'
Em
s
>av oa90
.« «
°io tao o' o'
ovvv._ o
c� _2.
_
v"a
�o
p3ri�
«L °nC� o
�000cpE�
o°nomom.6
v
a Evno
a
a g
"
"
_
cv
n ovc::mwo
_
m
voiot
�N�
cso��
•c °Ha4" r
o; c< a`o n
N•a"mmm�
c�•-m
noV
'-� s
Em
o
E
av"roc
E;
nmeJ. m
o
o.,' '�no
m c t
t�owm
'�n mNMSN y$
n or m
a
o $^
`o n
at Q
E
_
1,
z c
s LL E
«
c
E - n v:E do
E •- >,a n
ov
�oo
9 g
"!n a..¢
y
�� E.-c -
c
v°
E°.3°�.«r.°«
�0�3�
c" co
�o a°�
a_
c` F=
m
3
o S
oj� c
n
a P
o. E ¢cof oo,' «
E
E«
¢�
ocv
f c s o o
« m q mm w
° oEvzu
u
coEa EEE.- o
a+n -'E
°m
"v C
�3E
o U c•pP 'tc-voi a",
v
c�
Ho
Jvuio«
.g claOO ¢
y
�n %
¢
nCn
F 2tm
_m i%1
_
O
F¢-�
~U
C
A. Z -nuv 3N3 O
c
UZ
I
go�
Z
I
I
� '
1
I
u L9ll.
^
I
Q
--
1
uL9L1
1
Q
m rt
IL311
u
I
8 '
I
I
of u{
Cn-
- - -rill
1
----
li
W
W
ry
----
U
<c
v /
W
a_
T I
.^ �-� ••_[••• S arS M.Cf.2C.LtN•pN� - - - I L 9LIO�.LtnN •f[,r{,fl:p
-
I j rr
ghM
p r^I7 1 SG p li _ I I f 1
I , i o I r I k I I I II"
I m I Nr rT� r .T I I
gcarsraav�—{— I I I
5!
------w ��� L6��rapa
' W I .j l r-----"
� Z, I 1[ 1-----�i S I I v I I I m I I
gg L-1—J L-1—J
I---
I� ---'- r rr rr
R �-��
—--� r—
�_ i 1
1 a fffrw, �2- _ � I , I �:
_ 3g` t i
w�r _ I I v � .� � I •.� I c.l
tR�frr/L_L1_J L_LJ_J_J I a I .I
L_L1_J L1_J Y �}
--� ---nr --- - rL r--r �-,
\ � / A •• I < I T I 2{ I " I � � W911 3.fL40fitX
f- �-+''--I �
L_1_J L_J__J--
�� L-1m J
+�w
4�°tru
--
• I.
� I � I •' I I I„ I I I `'%;.,
�,\<[. I ;.I I I I ..
IL — —I— — j
L--I--J
4 q