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ITEM 1 Hunter Hills
OtkgoF _0 MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 1 September 2020 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty City Engineer Wagner City Attorney Kendall 1— Hunter Hills STRATEGIC VISION MEETS: 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 final plat and execution of a development agreement for Hunter Hills. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes No BACKGROUND/JUSTIFICATION: Otsego Land Investments, LLC received preliminary plat approval on 13 July 2020 for development of 59 single family lots as the first phase to subdivide 207.59 acres located east of Labeaux Avenue (CSAH 19) and north of 80th Street. A final plat application has been submitted for approval of 24 single family lots and 6 outlots. ■ 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 24 single family lots accessed by public streets in a configuration consistent with the preliminary plat. ■ Lot Requirements. The preliminary plat and PUD-CUP approval establishes averaged minimum lot area requirements for Hunter Hills. The minimum lot width requirements shown in the table below for the lots within the final plat. All of the proposed lots within the final plat comply with these minimum lot width requirements. Lots Min. Lot Width Lots 1-8, Block 1 55ft. Lots 1-2, Block 2 Lots 1-7, Block 3 Lots 1-4, Block 5 Lot 1, Block 4 65ft. Lots 5-6, Block 5 Setbacks. The lots within the final plat are subject to the principal building setbacks listed in the table below as required within the R-5 District by Section 11-66-6.0 of the Zoning Ordinance and the wetland setback established by Section 11-16-5.F.4.b of the Zoning Ordinance. All of the proposed lots have adequate building envelopes within required setbacks for a single family dwelling. 80tf'St./ Interior Interior Wetland Registered Local St. Side Rear Feedlot 25ft. house 7ft. 20ft. 40ft. 1,OOOft. 30ft. garage 85th Street. The final plat includes dedication of right-of-way for future 85th Street across the subject site to provide for connection between Labeaux Avenue (CSAH 19) and Maclver Avenue. Approval of the preliminary plat includes conditions requiring construction of 85th Street within the plat and west of Labeaux Avenue at such time as a specified number of lots are final platted. The City is requiring dedication of the right-of-way should the need to construct 85th Street occur before the thresholds are reached and the City undertakes the project of its own initiative. On this basis, the City recognizes that amendments to the preliminary plat are possible that may cause changes to the alignment of future 85th Street that would require vacation and dedication of right- of-way for the new alignment. Right-of-way dedication for 85th Street is to be subject to review and approval of the City Engineer. Local Streets. The proposed lots will be accessed by local public streets entering the development from 80th Street at Lander Avenue. The proposed local streets are to be 28 feet wide with concrete curb and gutter within a 60 foot wide right-of-way. Temporary cul-de-sacs overlaid by temporary easement will be required at the north terminus of Lander Avenue and the east terminus of 815t Street. A 5 foot concrete sidewalk is to be constructed on 1 side of all streets. Street names shown on the final plat are consistent with Section 10-8-10.13.13 of the Subdivision Ordinance and the Wright County grid system. All street construction plans are subject to review and approval by the City Engineer. Street lights. Section 8-8-4 of the City Code specifies installation of street lighting for new subdivisions at the corners of intersecting streets and midblock locations for blocks longer than 900 feet within the final plat. The number and location of proposed street lights is subject to review and approval of the City Engineer. The development contract provides for payment of the street light operation fee of as established by the City Code. Landscaping. Sections 11-19-2.6 of the Zoning Ordinance requires installation of 2 shade trees per lot. Builders will install the required landscaping as construction of houses on each lot progresses. The security for the landscaping will be collected at the time of building permit for each lot. Easements. The final plat illustrates drainage and utility easements at the perimeter of each single family lot and overlaying stormwater facilities as required by Section 10-8-12.A of the Subdivision Ordinance. All drainage and utility easements are subject to approval of the City Engineer. ■ Outlots. The proposed final plat includes 6 outlots described in the table below. Outlots A, B, and C are to be deeded to the City for stormwater management purposes. Outlot Purpose Ownership A Development entrance HOA B-D Stormwater basins/wetlands Deed to City E-F Future phases Developer ■ Grading and Drainage Plans. The developer has submitted grading and drainage plans for the proposed final plat. All grading, drainage, and erosion control plans are subject to review and approval by the City Engineer. ■ Utilities. The developer has submitted utility plans for the proposed final plat that are subject to review and approval by the City Engineer. The developer is required to pay Utility Availability Charges at the time of final plat approval as outlined in the development agreement. Utility connection charges are to be paid when a building permit is issued for each lot in accordance with the fee schedule in effect at that time. Park and Trail Dedication. The preliminary plat does not include dedication of land for public parks. Park dedication requirements for the proposed final plat are to be met as a cash fee in lieu of land. The park dedication fee in lieu of land in accordance with the City's current fee schedule for the final plat is included in the development agreement. ■ Homeowners Association. The builder intends to establish a homeowners association. The Homeowers Association will own and maintain Outlot A as the subdivision entry from 80th Street. All homeowners association documents are subject to review and approval by the City Attorney. Development Agreement. The City Attorney drafted a Development Agreement related to the proposed final plat to provide for completion of all public improvements, establishment of required securities, and payment of applicable fees. The Development Agreement is to be adopted by resolution of the City Council concurrent with the final plat approval and executed prior to recording of the final plat. Section 11-5-3-13.8 of the Subdivision Ordinance requires recording of the final plat within 100 days of City Council approval. SUPPORTING DOCUMENTS ATTACHED: I ■ Site location map ■ Engineering Review dated August 24 2020 ■ Findings of Fact and Decision ■ Resolution 2020-56 approving a development agreement ■ Development agreement ■ Approved preliminary plat ■ Final plat (4 sheets) POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to approve a final plat for Hunter Hills subject to the conditions stated by the Findings of Fact and Decision as presented and adopt Resolution 2020-56 approving a Development Agreement. BUDGET INFORMATION FUNDING: BUDGETED: N/A Site Location Map Overview Legend Roads — CSAHCL — CTYCL — MUNICL — PRIVATECL — TWPCL Highways Interstate State Hwy US Hwy City/Township Limits 0 c �t © Parcels Review No. 3 ENGINEERING REVIEW Residential Subdivision Preliminary Plat for the City of Otsego by Hakanson Anderson Submitted to: Marry Campion, P.E., Campion Engineering Services, Inc cc: Adam Flaherty, City Administrator Tami Loff, City Cleric Dan Licht, City Planner Dave Kendall, City Attorney Chris Ambourn, Wenck Associates Dale Willenbring, Tamarack Land -Hunter Hills, LLC Reviewed by: Ronald J. Wagner, P.E. Brent M. Larson, P.E. Date: August 24, 2020 Proposed Development: Hunter Hills (1" Addition) Development Location: Portions of the NW 1/4 of Section 24, T121, R24, the SE'/4 of Section 24, T121, R24, the SW'/4 of Section 24, T121, R24. Generally North of 801h St NE and East of CSAH 19 Applicant: Dale Willenbring, Tamarack Land -Hunter Hills, LLC Developer: Tamarack Land -Hunter Hills, LLC Dale Willenbring PO box 89 Waconia MN 55088 Owners of Record: Otsego Land Investments, LLC Purpose: Hunter Hills (I" Addition) is a proposed 24 lot single-family, residential development on approximately 13.33 acres in the City of Otsego, Wright County, Minnesota. The proposed development will be served with municipal water, sanitary sewer, storm sewer, and public streets typical of an urban setting. Jurisdictional Agencies: City of Otsego, Wright County, Minnesota Department of (but not limited to) Health, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, Wright Soil and Water Conservation District. Permits Required: NPDES, Minnesota Department of Health (water), (but not limited to) Minnesota Pollution Control Agency (sanitary sewer), and Wright County TABLE OF CONTENTS INFORMATION AVAILABLE PRELIMINARY PLAT FINAL PLAT CONSTRUCTION PLANS COVER SHEET CERTIFICATE OF SURVEY SANITARY SEWER AND WATERMAIN PLAN STREET AND STORM SEWER PLAN DETAILS GRADING PLANS COVER SHEET EXISTING CONDITIONS GRADING PLAN SWPPP DETAILS SURFACE WATER MANAGEMENT WETLANDS OTHER CONSIDERATIONS SUMMARY AND/OR RECOMMENDATION PAGE 2 SAMunidpa1\Aotsego23xx\2350 Hunter Hills\A-REVIEW PHASE\OT2350 RVW3.doex INFORMATION AVAILABLE Final Plat for Hunter Hills, dated 8/12/2020, by Wenck Associates Construction Plans for Hunter Hills, dated 8/10/2020, by Campion Engineering Services, Inc Grading Plans for Hunter Hills, dated 7/7/2020, by Campion Engineering Services, Inc. Storm Water Management Plan for Hunter Hills, dated 5/11/2020, by Civil Methods. Preliminary Plat for Hunter Hills, dated 7/7/2020, by Campion Engineering Services, Inc. Preliminary Plans for Hunter Hills, dated 5/4/2020, by Campion Engineering Services, Inc. Technical Memo for Supplemental Traffic Engineering Information for Hunter Hills Residential Development Traffic Impact Study, dated 6/30/2020, by Wenck Geotechnical Report for Hunter Hills, dated 9/4/2019, by Haugo Geotechnical Services. Wetland Delineation Notice of Decision dated 12/20/2019 Environmental Assessment Worksheet dated 5/18/2020 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 8:\Municipa1\Aotsego23xx\2350 Hunter HiIMA-REVIEW PHASE\OT2350 RVW3.docx PRELIMINARY PLAT 1. The latest preliminary plat in our records are dated 7/7//2020. Engineering review comments dated 7/8/2020 have not been addressed. A revised preliminary plat/plan addressing comments shall be submitted. FINAL PLAT 2. The developer name shows as Shamrock Development, LLC. Should this be Tamarack Land -Hunter Hills, LLC? 3. The temporary cul-de-sacs shall be covered by temporary easements by separate document. 4. The storm sewer line located along the south side of Lots 5&6, Block 5 and into future lots shall be covered by a minimum 20' drainage and utility easement. 5. A minimum 10' wide easement along the rear lot line is required for all lots. Revise lots in Blocks 3 ,4, and 5. CONSTRUCTION PLANS COVER SHEET 6. List the benchmark(s) with elevation used and the datum. CERTIFICATE OF SURVEY 7. Existing NWL and HWL 100-year flood elevations (for existing storm basins and wetlands) shall be shown on the plan. (21-6-2.B.9.) This information could be shown in proposed plans instead. 8. The existing hydrant in the SE quadrant of Lander Avenue and 80th Street is labeled as the Benchmark with TNH elevation = 941.41 and uses the 1929 datum. Using the same datum an elevation of 961.25 for this hydrant was shot during the level loop with the Arbor Creek 1st Addition. SANITARY SEWER AND WATERMAIN PLAN 9. See final plat comments regarding easements. 10. Storm Sewer Note #2 can be revised to require either the lateral draintile (along curb) or transverse draintile (across street). 11. Please show the wetland buffer area around each wetland on at least the overall plan. 12. Provide the 2-yr and 10-yr HWL elevations for each pond as well. 13. Move overlapping text near OCS 3 and FES 1. PAGE 4 S:\Municipal\Aotsego23xx\2350 Hunter HiIIsW-REVIEW PHASE\OT2350 RVW3.docx 14. A number of notes across the plans refer to Street "#". All streets have now been assigned names. Please revise the notes to reference the street name. 15. The contour elevation labels should be removed from the construction plans. 16. Revise the Structure Schedule for the rear yard storm sewer catch basins to either Neenah R- 1733 or 4342 frames and castings. 17. C134 is a 2406 structure and a 4342 casting will not fit. Revise the storm Structure Schedule. 18. Call out the length of watermain pipes in the profiles. 19. A valve shall be placed on the east leg of the 12" x 8" tee at the intersection of 80th Street and Lander Avenue. 20. Both southern valves along Lander Avenue at 81" Lane and 81" Street should be moved to the east and west legs of the tees respectively. 21. It appears many of the risers for the sanitary sewer services to Lots in Block 3 and Block 5 along east side of Lander Avenue and to Lots in Block 5 along the south side of 8 1 " Lane should be placed at the end of the line to provide sufficient clearance from the watermain and should have an * indicating so. 22. The bend near station 3+00 along 8 1 " Lane is not called out. 23. The lot numbers are missing on a number of sheets. 24. We recommend stubbing the sanitary sewer pipe out from the MH 4 along 8 1 " Street at least 1 pipe (20'). This will allow the connection to be made without compromising the end of the street. 25. A temporary hydrant or other method will be necessary to flush and test the stub line at the west end of 8 1 " Street. STREET AND STORM SEWER PLAN 26. All street intersection within this development (including at 80th Street) shall have 20' radii. It appears 20' and 25' radii are being called out. 27. The storm sewer line located along the west side of Lots 1&2, Block 2 does not show the required easement along the west side of the pipe in the future lots. 28. The storm sewer line located along the south side of Lots 5&6, Block 5 and into future lots shall be covered by a minimum 20' drainage and utility easement. 29. The 15" outlet pipe from Wetland 2aW as well as OCS 1 and the pipe outlet from Pond 1 shall be installed at this time to provide an outlet for the pond/wetland. PAGE 5 S:\MunicipaMotsego23xx\2350 Hunter Hills\A-REVIEW PHASEXOT2350 RVW3.doex 30. All pipe and flared end section (FES) into and out of the ponds shall be RCP. 31. All storm structures shall have a minimum 0.8 points fall when pipe sizes increase (i.e. 0.2' per 3" diameter increase). 32. All pipe shall have a grade sufficient to provide a minimum 3 fps when flowing full. Some 12" pipe have less than the 0.44% grade required. 33. The pedestrian ramp/intersections shall have more detail provided to show ADA compliance. DETAILS 34. The street section indicates 24" of class 3 or 4 section while the grading plan shows an 18" section. After discussion with the developers engineer it was decided to go with the thicker section due to the time of year the construction is occurring and the likely hood that drying of soils will be difficult in the late season. 35. The street section shall use "C" oil. 36. Otsego Standard Plate 701 and the pedestrian ramp detail (unreadable) below 701 are out of date and no longer ADA compliant. Please use the current MnDOT ADA Standard Plates. 37. Standard Plate 500 is duplicated. 38. See comment #50. GRADING COVER SHEET 39. Grading plans dated 7/7/2020 have been previously approved however during the review of new construction plan submittal a few items must be revised/addressed. 40. Design engineer's signature is missing form the plans in our files. EXISTING CONDITIONS 41. No comments GRADING PLAN 42. Show 20' wide wetland buffer (10' minimum buffer where necessary and excess buffer area to prove average of 20' buffer) area around each wetland. 43. Provide 2-yr and 10-yr elevations for all ponds. 44. Provide an overland overflow (EOF) location and elevation for Pond 3. PAGE 6 SAMunicipal\Aotsego23xx\2350 Hunter Hills\A-REVIEW PHASE\OT2350 RVW3.docx 45. The grading of the 958 berm round Pond 3 appears to cut off the drainage route for the wetlands to the west of Pond 3. The contours to the west of the new berm/pond appear to provide an outlet for the wetlands but an EOF elevation shall be labeled. The EOF shall be provide so that the swale does not drain the wetlands further than allowed. 46. The drainage area to the SW of the side, just beyond the plat boundaries drains through the three wetlands and then through the culvert under 80th Street. The drainage area(s) and wetlands shall be modeled and included in the report. The 100-yr HWL elevations for these wetlands shall be labeled in the construction and grading plans. 47. The existing lowest opening elevations for the houses directly to the east and west boundaries of the project shall be shown on the plans. A minimum of 1.5' of freeboard is required from these existing houses to the applicable EOF elevations or HWL elevations. SWPPP 48. No comments. Details 49. No comments. SURFACE WATER MANAGEMENT 50. Provide a hydrograph for each pond for each storm event. 51. The storm water model does not agree with some of the the overflow/rim elevations shown on the plans or 100-yr HWL elevations of the grading plans; a. Pond 1: i. Grading Plan EOF = 957.0 and 100-yr HWL = 956.4 ii. Construction EOF = n/a, Rim = 956.0 and 100-yr HWL = 956.2 iii. Stormwater Model EOF = none, Rim = none, 100-yr HWL = 956.2 b. Pond 2a(wetland): i. Grading Plan EOF = 959.5 and 100-yr HWL = 958.7 ii. Construction EOF = n/a/, pipe inv = *no pipe outlot shown*, 100-yr HWL = 958.5 iii. Stormwater Model EOF = none, pipe inv = 957.5, 100-yr HWL = 958.5 c. Pond 2: i. Grading Plan EOF = *missing* and 100-yr HWL = 959.2 ii. Construction EOF = n/a/, Rim = 958.5, pipe inv = 956.0, 100-yr HWL = 959.0 iii. Stormwater Model Overflow = 959.0, pipe inv = 956.0, 100-yr HWL = 959.0 d. Pond 3: i. Grading Plan EOF = *missing* and 100-yr HWL = 957.6 PAGE 7 SAMunidpal\Aotsego23xx\2350 Hunter Hills\A-REVIEW PHASE\OT2350 RVW3.doex ii. Construction EOF = n/a/, Rim = 957.0, pipe inv = 953.8, 100-yr HWL = 957.7 iii. Stormwater Model Overflow/Weir = 957.5, pipe inv = 953.8, 100-yr HWL = 957.7 The rim elevations for the overflow structures shall be reflected in the storm model or the rims shall be raised above the 100-yr HWL. Also, all rim elevation shall be at or above the 2-yr HWL elevation. 52. See comment #45. WETLANDS 53. No comments. OTHER CONSIDERATIONS 54. A statement certifying the environmental condition of the site including the presence of any hazardous substance as defined in Minnesota Statutes 115B.02, Subd 8 is required. SUMMARY AND/OR RECOMMENDATION We recommend approval contingent upon the above items being addressed. PAGE 8 S:\Municipal\Aotsego23xx\2350 Hunter Hills\A-REVIEW PHASE\OT2350 RVW3.docx CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2020-56 APPROVING A DEVELOPMENT AGREEMENT FOR HUNTER HILLS WHEREAS, Otsego Land Investments, LLC (the "developer") is proposing development of Hunter Hills; and WHEREAS, a final plat for the development was approved on 1 September 2020 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 Development, 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 1" day of September, 2020. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: 2 CITY OF OTSEGO Jessica L. Stockamp, Mayor ATTEST: Tami M. Loff, City Clerk (reserved for recording information) DEVELOPMENT CONTRACT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Developer Installed Improvements) HUNTER HILLS CONTRACT dated , 2020, by and between the CITY OF OTSEGO, a Minnesota municipal corporation ("City"), and TAMARACK LAND DEVELOPMENT, LLC, a Minnesota limited liability company (the "Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for HUNTER HILLS (referred to in this Contract as the "plat"). The land is situated in the County of Wright, State of Minnesota, and is legally described in Exhibit "A" attached hereto and made a part hereof: 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City Engineer following approval of a preliminary plat by the City Council, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this contract has been fully executed by both parties and filed with the City Clerk, 2) the Hunter Hills 210886v4 necessary security has been received by the City, 3) the necessary insurance for the Developer and its construction contractors has been received by the City, and 4) the plat has been filed with the Wright County Recorder or Registrar of Titles' office. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park dedication charges referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi -phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks and outlots, within two (2) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For five (5) years from the date of this Contract, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract 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, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. The plans may be prepared, subject to the City Engineer's approval, after entering the Contract, but before commencement of any work in the plat. The City Engineer may approve minor amendments to Plans without City Council approval. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: 2 210886v4 Hunter Hills Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan Plan D - Plans and Specifications for Public Improvements Plan E - Street Lighting Plan Plan F - Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Sewer System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control H. Underground Utilities I. Setting of Iron Monuments J. Surveying and Staking K. Sidewalks and Trails L. Retaining Walls M. Landscaping The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utility and street construction; and any other ordinances including Chapter 6 of the City Code concerning erosion and sediment control. The Developer shall submit plans and specifications which have been prepared by a competent Minnesota registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition 3 210886v4 Hunter Hills of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer's engineer shall provide for on -site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or its engineer shall schedule a pre -construction meeting at a mutually agreeable time at the City with all parties concerned, including the City staff, to review the program for the construction work. Within thirty (30) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of reproducible "as - constructed" plans and an electronic file of the "as -constructed" plans in an AutoCAD .DWG file or a .DXF file, all prepared in accordance with City standards. In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot corners must be completed before the applicable security is released. The Developer's surveyor shall also submit a written notice to the City certifying that the monuments have been installed following site grading, utility and street construction. 9. 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 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 8 above. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include: A. Wright County for County Road Access and Work in County Rights -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 4 210886A Hunter Hills H. City of Otsego for Building Permits, Retaining Walls, Irrigation I. MDH for water permits J. MPCA for sewer extension 11. 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 also be strictly followed. 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by March 30, 2021. 13. STREETS. The Developer agrees to maintain the streets 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 draw from the Developer's letter of credit. Should snowplowing be necessary prior to street paving, 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 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 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 5 210886v4 Hunter Hills are accepted as City streets by the City. The two (2) year warranty period set forth above commences upon the date on which the City accepts the streets by resolution. 14. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 15. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the grading operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in accordance with the City's current seeding specification which may include temporary seed to provide ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. 16. GRADING. The plat shall be graded in accordance with the approved grading development and erosion control plan, Plan "B". The plan shall conform to City of Otsego specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits (except three (3) model home permits on lots acceptable to the Building Official), the Developer shall provide the City with an "as -constructed" grading plan certified by a registered land surveyor or engineer that all storm water treatment/infiltration basins and swales, have been constructed on public easements or land owned 6 210886v4 Hunter Hills by the City. The "as -constructed" plan shall include field verified elevations of the following: a) cross sections of storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed "conservation area" posts; and c) lot corner elevations and house pads, and all other items listed in City Code. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report, including referenced development phases and lot descriptions, shall be submitted to the Building Official for review prior to the issuance of building permits. Before a building permit is issued, a cash escrow shall be furnished to the City in accordance with the City's current fee schedule to guarantee compliance with the erosion control and grading requirements and the submittal of an as -built certificate of survey. Prior to the release of the required individual lot grading and erosion control security that is submitted with the building permit, an as -built certificate of survey for single family lots must be submitted to verify that the final as -built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development, and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. If the final grading, erosion control and as -built survey is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as -built survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. A certified as -built building pad survey must be submitted and approved for commercial, industrial or institutional developments prior to issuance of a building permit. Hunter Hills contains more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota 7 210886v4 Hunter Hills Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. 17. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 18. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the improvements lying within public easements shall become City property without further notice or action. 19. LATERAL STORM SEWER. The Developer shall post a security for lateral storm sewer in the amount of $139,506.00 which is due upon final plat approval. The Developer shall pay a cash fee in the amount of $43,522.44 for the Trunk Storm Water Management Impact Fee due upon final plat approval which is calculated as follows: 12.13 Net Acres X $3,588.00/Net Acre = $43,522.44 20. LATERAL AND TRUNK SANITARY SEWER. The Developer shall pay to the City the required water availability charges and sanitary sewer availability charges. The water and sewer availability charges shall be collected according to Section 8-1-6-B of City Code including 9.0 RECs per gross acre for multiple family uses and 3.5 RECs per gross acre for commercial, industrial, or institutional uses. The Developer shall post a security in the amount of $123,869.00 for Lateral and Trunk Sanitary Sewer which is due upon final plat approval. The Developer shall pay a cash fee in the amount of $62,328.00 for the Sewer Availability Charge ("SAC') at the time of plat approval which is calculated as follows: 24 REC X $2,597/REC = $62,328.00 21. LATERAL AND TRUNK WATERMAIN. The Developer shall post a security in the amount of $160,420.00 for the installation of lateral and trunk watermain and connection. The Developer 8 210886v4 Hunter Hills shall pay a cash fee in the amount of $29,975.00 for the Water Availability Charge ("WAC") at the time of plat approval which is calculated as follows: 24 REC X $1,813.00/ REC and 1 REC (Outlot A) X $1,813.00/REC=$45,325.00 Less credit to Developer from City in the amount of $15,350.00 = $29,975.00 22. SEWER CONNECTION CHARGE AND WATER CONNECTION CHARGE. The Developer shall pay to the City required water and sewer connection charges. The water and sewer connection charges shall be collected per Section 8-1-6-C of City Code for all uses and must be paid prior to the issuance of a Certificate of Occupancy based on the fee schedule in effect at the time of application for the Certificate of Occupancy. 23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and public street construction is restricted to access the subdivision as approved by the City Engineer. 24. PARK DEDICATION. The Developer shall pay a cash contribution of $63,360.00 in satisfaction of the City's park and trail dedication requirements. The charge is calculated as follows: twenty-four (24) lots at $2,640.00 per lot. 25. TRAFFIC CONTROL SIGNS. The Developer shall pay a cash fee to the City in the amount of $10,000,00 for installation of traffic control signs. The fee is calculated as follows: forty (40) traffic signs at $250.00 per street sign. 26. STREET LIGHT OPERATION COSTS. The Developer shall be responsible for the cost of street light installation consistent with a street lighting plan approved by the City. The Developer shall pay to the City a cash fee in the amount of $2,500.00. The fee is calculated as follows: five (5) street lights at $500.00 per street light. 27. WETLAND REPLACEMENT OR MITIGATION. Before the City signs the final plat, the Developer shall post a $12,212.05 security for wetland mitigation. This security may be in the form of a letter of credit separate from the primary development security or in the form of a non -interest bearing cash escrow with the City. If the mitigation area is found to be unsuccessful after the mandatory five-year s7 210886v4 Hunter Hills warranty period, the City may elect to keep the security to be used for this mitigation project or for wetland mitigation/restoration elsewhere within the City. In addition, the City may draw down the security at any time during the warranty period if the Developer fails to take corrective measures as directed by the City to perform the work recommended. 28. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the conditions listed in the Findings of Fact approved by the City Council on September 1, 2020. B. Before the City signs the final plat, the Developer shall convey Outlots A, B, and C to the City by warranty deed, free and clear of any and all encumbrances, including but not limited to all Outlots for stormwater basins, wetlands, and wetland buffers. C. Approval of a preliminary plat for Outlots F and G shall require that the Developer improve 80th Street with an overlay between Labeaux Avenue (CSAH 19) and the west plat line and from the east plat line to Maclver Avenue, subject to review and approval of the City Engineer. D. Final platting of more than 193 dwelling units within the plat and future phases thereof shall require the Developer to acquire right-of-way and construct 85th Street as a major collector street from Labeaux Avenue (CSAH 19) to the east line of the subject site, subject to review and approval of the City Engineer. E. Upon approval of a final plat of Outlot E with lots accessing 80th Street or approval of a preliminary plat for Outlots E and F, the Developer shall improve 80th Street as a minor collector street within and abutting the boundaries of the plat, subject to review and approval of the City Engineer. F. The Developer shall pay an Administrative Fee in the amount of $7,639.31which is calculated as follows: Construction Subtotal = $763,931.00 X 1.0% _ $7,639.31 G. The Developer shall install a temporary turnaround or turnarounds as shown in the plans. Before the City signs the final plat, the Developer shall furnish the City an appropriately 10 210886A Hunter Hills executed public temporary turnaround easement or easements, in recordable form as shown on Plan C. H. The Developer shall construct 5 foot wide concrete sidewalk on one side of all local streets to be constructed by Developer. I. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of the proposed property to be platted with all property corner monumentation in place and marked with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the survey. The Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. J. The Developer shall provide an escrow for the preparation of record construction drawings and City base map updating. This fee is $100.00 per acre for a total charge of $1,333.00 which is calculated as follows: 13.33 acres at $100.00 per acre = $1,333.00 K. The Developer is required to submit the final plat in electronic format. The electronic format shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading, utilities, streets), shall be in electronic format in accordance with standard City specifications. 29. CONSTRUCTION ADMINISTRATION AND FEES FOR CITY SERVICES. 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 Improvements to be inspected, assuming normal construction and project scheduling. The Developer shall pay for construction observation Hunter Hills 210886v4 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 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 in this Contract), 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 stated by the Financial Summary. 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. 30. SECURITY. To ensure compliance with the terms of this Contract, and construction of all public improvements, and satisfaction of all other obligations, the Developer shall furnish the City with a 12 210886v4 Hunter Hills cash escrow or Irrevocable Standby Letter of Credit with automatic renewal provisions in the amount as required under this Contract. The issuer and form of the security (other than cash escrow) shall be subject to City approval in its reasonable discretion. 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 contain an automatic renewal provision and shall not expire until all the Development is complete and fully and finally accepted by the City, and all terms of this Contract are satisfied. The City may draw down the security, on five (5) business days written notice to the Developer, for any violation of the terms of this Contract or without notice if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down without notice. If the security is drawn down, the proceeds shall be used to cure the 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 not to be unreasonably withheld or delayed, the security shall be reduced from time to time in proportion to the work completed, but not below ten (10) percent which is the amount of the warranty security. For purposes of this Section, the warranty period shall be a twenty four (24) month period after the applicable work has been completed, except with respect to streets, for which the warranty period shall be two years as addressed elsewhere in this Contract. This security amount shall be submitted to the City prior to execution of the Contract. All administrative and legal fees related to plan review, drafting of this Contract and any other necessary items shall be paid to the City prior to execution of the Contract. Upon completion of the work contemplated hereunder and expiration of the warranty period, the remaining security shall be promptly released to Developer. 31. SUMMARY OF SECURITY REQUIREMENTS. The amount of the security described above is calculated as follows: 13 210886A Hunter Hills CONSTRUCTION COSTS: A. Sanitary Sewer — Lateral and Trunk B. Watermain — Lateral and Trunk C. Storm Sewer -Lateral D. Streets CONSTRUCTION SUB -TOTAL OTHER COSTS: A. Site Grading, Erosion & Sediment Control and Wetland Protection $123,869.00 160,420.00 139,506.00 340,136.00 $763,931.00 Paid with Grading Agreement B. Engineering & Surveying Construction Services (6.5%) $49,655.52 C. Wetland Replacement (1.75 per SF) 12,212.05 OTHER COSTS SUB -TOTAL $61,867.56 TOTAL — SUBTOTAL $825,798.56 TOTAL IRREVOCABLE LETTER OF CREDIT $1,032,248.20 FOR SECURITY (125% OF SUBTOTAL ESCROW A. City Legal Expenses (Est. 1.0% of $763,931.00) $7,639.31 B. City Construction Observation (Est. 8.0% of $763,931.00) 61,114.48 C. GIS Data Entry Fee 1,333.00 ESCROW TOTAL $70,086.79 DEVELOPMENT WARRANTY LETTER OF CREDIT A. Sanitary Sewer $18,580.35 B. Watermain 24,063.00 C. Storm Sewer 20,925.90 D. Streets 27,900.00 E. Erosion & Sedimentation Control 6,000.00 TOTAL WARRANTY LETTER OF CREDIT $97,469.25 This breakdown is not a restriction on the use of the security. 32. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City prior to the City Council signing the final plat: 14 210886v4 Hunter Hills City: A. City Administrative (Est. 1.0% of $763,931.00) B. Trunk Sewer Access Fee (SAC) C. Trunk Water (WAC) D. Trunk Storm Water Management Impact Fee (Hunter Hills) E. Park And Trail Dedication F. Traffic Control Signs G. Street Light Operating Fee TOTAL CASH REQUIREMENTS $7,639.31 62, 328.00 29, 975.00 43,522.44 63,360.00 10,000.00 2,500.00 $219,324.75 33. DEVELOPMENT CREDITS. The following is a summary of Developer credits from the A. Trunk Sanitary Sewer $0.00 B. Trunk Watermain 15,350.00 (Upsize from 8" to 12" pipe along Lander Avenue) C. Trunk Storm Water Management 0.00 D. Park and Trail 0.00 E. Transportation Infrastructure 0.00 TOTAL DEVELOPMENT CREDITS $15,350.00 34. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is two years as specified in this Contract. The warranty period for underground utilities is two years and shall commence following completion and acceptance by City Council. A minimum of 10% of the total security required under this Contract shall be retained as warranty security as specified in the section of this Contract. 35. 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 Soil and Water Conservation District charges, legal, planning, engineering and construction observation inspection expenses incurred in connection with approval and acceptance of the plat, the 15 210886v4 Hunter Hills preparation of this Contract, review of construction plans and documents, 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, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the Developer shall pay in full all bills submitted to it by the City prior to any reductions in the security for the development. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 36. 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 Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an MD 210886v4 Hunter Hills emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 37. MISCELLANEOUS. A. The Developer represents to the City that 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. If the City determines that the plat 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 Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits. F. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connections or inspections may be conducted and 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 and the utilities are accepted by the City Engineer. 17 2108860 Hunter Hills G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. 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 Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the property. In the event this Contract is recorded, upon request by Developer, the City covenants to provide a recordable Certificate of Completion within a reasonable period of time following the request, upon the completion of the work and responsibilities required herein, payment of all costs and fees required and compliance with all terms of the Contract. A release of this Contract may be provided in the same manner and subject to the same conditions as a Certificate of Completion provided there are no outstanding or ongoing obligations of Developer under the terms of this Contract. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Insurance. Prior to execution of the final plat, Developer and its general contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Developer and its general contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has finally accepted the public improvements, such insurance as shall protect Developer and its general contractor and the City for work covered by the Contract including workers' compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Developer and its general contractor or anyone 18 210886v4 Hunter Hills directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit — Bodily Injury & Property Damage Including Owned, Hired & Non -Owned Automobiles Workers Compensation Workers' Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer's Liability with minimum limits are as follows: • $500, 000 — Bodily Injury by Disease per employee • $500, 000 — Bodily Injuryby Disease aggregate • $500, 000 —Bodily Injury by Accident The Developer's and general contractor's insurance must be "Primary and Non -Contributory". All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City and (iii) shall identify the name of the plat. A copy of the endorsement must be submitted with the certificate of insurance. Developer's and general contractor's policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days' advanced written notice to the City, or ten (10) days' notice for non-payment of premium. 210886v4 19 Hunter Hills An Umbrella or Excess Liability insurance policy may be used to supplement Developer's or general contractor's policy limits on a follow -form basis to satisfy the full policy limits required by this Contract. J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Developer's negligence or its performance or failure to perform its obligations under this Contract. Developer's indemnification obligation shall apply to Developer's general contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer, or anyone for whose acts Developer may be liable. Developer agrees this indemnity obligation shall survive the completion or termination of this Contract. K. 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. L. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it, until the City's issuance of a Certificate of Completion and Release. M. Retaining walls over four feet in height shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the Building Official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans all 210886v4 Hunter Hills and by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. All retaining walls must comply with the City's engineering manual and the City's zoning ordinance. N. Should the Developer convey any lot or lots in the Development to a third party, the City and the owner of that lot or those lots may amend this Development Contract or other city approvals or agreements for development or use of those lots without the approval or consent of the Developer or other lot owners in the Development. Private agreements between the owners of lots within the Development for shared service or access and related matters necessary for the efficient use of the Development shall be the responsibility of the lot owners and shall not bind or restrict City authority to approve applications from any lot owner in the Development. 38. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Attn: Dale Willenbring, 1536 Beachcomber Blvd., Waconia, Minnesota 55387. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Otsego City Hall, 13400 90th Street NE, Otsego, Minnesota 55330. [The remainder of this page has been intentionally left blank. Signature pages follow.] 21 210886v4 Hunter Hills CITY OF OTSEGO (SEAL) ukup STATE OF MINNESOTA ) )ss. COUNTY OF WRIGHT ) Jessica L. Stockamp, Mayor Tami Loff, City Clerk The foregoing instrument was acknowledged before me this day of , 2020, by Jessica L. Stockamp and by Tami Loff, the Mayor and City Clerk of the City of Otsego, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC 22 210886v4 Hunter Hills DEVELOPER: TAMARACK LAND DEVELOPMENT, LLC W4 STATE OF MINNESOTA ) )ss. COUNTY OF ) Dale Willenbring Its Chief Manager The foregoing instrument was acknowledged before me this day of , 2020, by Dale Willenbring, the Chief Manager of Tamarack Land Development, LLC, a Minnesota limited liability company, on behalf of said limited liability company. NOTARY PUBLIC DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: 651-452-5000 DSK/smt 23 Hunter Hills 2108860 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT OTSEGO LAND INVESTMENTS, LLC, a Minnesota limited liability company, fee owner of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject property owned by it. Dated this day of , 2020. in STATE OF MINNESOTA ) )ss. COUNTY OF ) Dale Willenbring Its: Treasurer The foregoing instrument was acknowledged before me this day of , 2020, by Dale Willenbring, the Treasurer of Otsego Land Investments, LLC, a Minnesota limited liability company, on behalf of said limited liability company. NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 651-452-5000 DSK/smt 24 2108860 Hunter Hills MORTGAGE CONSENT TO DEVELOPMENT CONTRACT PARK STATE BANK, a Minnesota banking corporation which holds a mortgage executed by Otsego Land Investments, LLC, a Minnesota limited liability company to secure an indebtedness in the amount of $850,000.00, dated December 30, 2019, filed January 28, 2020 as Document No. A1417177 in the office of the Wright County Recorder on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of STATE OF MINNESOTA )ss. COUNTY OF 2020. PARK STATE BANK Its The foregoing instrument was acknowledged before 2020, by , the a Minnesota banking corporation, on behalf of said corporation DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 651-452-5000 DSK/smt [print name] [title] me this day of NOTARY PUBLIC of Park State Bank, 25 Hunter Hills 2108860 EXHIBIT "A" TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as HUNTER HILLS Parcel 1: That part of the East Half of the Southwest Quarter of Section 24, Township 121 North, Range 24 West, Wright County, Minnesota, described as follows: Commencing at the northwest corner of said East Half of the Southwest Quarter; thence on an assumed bearing of North 88 degrees 53 minutes 30 seconds East along the north line of said East Half of the Southwest Quarter 33.00 feet to the point of beginning of the land to be described; thence continue North 88 degrees 30 minutes 30 seconds East along said North line of the East Half of the Southwest Quarter 572.03 feet to the Northwest corner of the east 716.37 feet of said East Half of the Southwest Quarter; thence South 0 degrees 00 minutes 00 seconds West along the west line of said east 716.37 feet of the East Half of the Southwest Quarter 2625.92 feet to the south line of said East Half of the Southwest Quarter thence South 89 degrees 12 minutes 43 seconds West along said South line of the East Half of the Southwest Quarter 177.42 feet to the southeast corner of the west 417.42 feet of said East Half of the Southwest Quarter; thence North 0 degrees 13 minutes 15 seconds West along the east line of said west 417.42 feet of the East Half of the Southwest Quarter 208.72 feet to the intersection with the north line of the south 208.71 feet of said East Half of the Southwest Quarter; thence South 89 degrees 12 minutes 43 seconds West along said north line of the south 208.71 feet of the East Half of the Southwest Quarter 417.44 feet to the West line of said East Half of the Southwest Quarter; thence North 0 degrees 13 minutes 15 seconds West along said west line of the East Half of the Southwest Quarter 2380.69 feet to a point 33.00 feet South of the Northwest corner of said East Half of the Southwest Quarter as measured along said west line of the East Half of the Southwest Quarter; thence North 44 degrees 20 minutes 07 seconds East 47.03 feet to the point of beginning. Parcel 2: That part of the Southwest Quarter of the Northeast Quarter together with that part of the East Half of the Southeast Quarter of the Northwest Quarter of Section 24, Township 121 North, Range 24 West, Wright County, Minnesota, described as follows: Commencing at the northeast corner of said Southwest Quarter of the Northeast Quarter; thence on an assumed bearing of South 0 degrees 00 minutes 20 seconds East along the east line of said Southwest Quarter of the Northeast Quarter 786.47 feet to the point of beginning of the land to be described; thence South 88 degrees 17 minutes 45 seconds West 611.50 feet; thence South 2 degrees 49 minutes 28 seconds East 116.14 feet; thence South 82 degrees 06 minutes 02 seconds west 256.19 feet; thence South 88 degrees 21 minutes 45 seconds West 601.77 feet; thence North 58 degrees 52 minutes 21 seconds West 141.04 feet; thence North 0 degrees 00 minutes 00 seconds East, parallel with the west line of said Southwest Quarter of the Northeast Quarter, 862.63 feet to the intersection with the north line of said East Half of the Southeast Quarter of the Northwest Quarter; thence South 88 degrees 55 minutes 54 seconds West along the north line of said East Half of the Southeast Quarter of the Northwest Quarter 397.73 feet to the northwest corner of said East Half of the Southeast Quarter of the Northwest Quarter; thence South 0 degrees 00 minutes 47 seconds West along the west line of said East Half of the Southeast Quarter of the Northwest Quarter 1309.17 feet to the Southwest corner of said Hunter Hills 210886A East Half of the Southeast Quarter of the Northwest Quarter; thence North 88 degrees 53 minutes 30 seconds East along the south line of said East Half of the Southeast Quarter of the Northwest Quarter 660.77 feet to the southeast corner of said East Half of the Southeast Quarter of the Northwest Quarter; thence North 88 degrees 53 minutes 30 seconds East along the south line of said Southwest Quarter of the Northeast Quarter 1319.15 feet to the southeast corner of said Southwest Quarter of the Northeast Quarter; thence north 0 degrees 00 minutes 20 seconds West along said east line of said Southwest Quarter of the Northeast Quarter 529.34 feet to the point of beginning. Parcel 3: The Northwest Quarter of the Southeast Quarter of Section 24, Township 121 North, Range 24 West, Wright County, Minnesota. Parcel 4: The North Half of the Southwest Quarter of the Southeast Quarter of Section 24, Township 121 North, Range 24 West, Wright County, Minnesota. Parcel 5: The East 716.37 feet of the East Half of the Southwest Quarter of Section 24, Township 121 North, Range 24 West, Wright County, Minnesota, EXCEPTING THEREFROM the east 75.00 feet of the North 140.80 feet of the South 290.80 feet of said East Half of the Southwest Quarter and EXCEPTING THEREFROM the East 220.00 feet of the South 150.00 feet of said East Half of the Southwest Quarter. Parcel 6: The East 75.00 feet of the North 140.80 feet of the South 290.80 feet AND The East 220.00 feet of the South 150.00 feet of the Southeast Quarter of the Southwest Quarter of Section 24, Township 121, Range 24, Wright County, Minnesota. Parcel 7: That part of the Southwest Quarter of the Northeast Quarter, together with that part of the East Half of the Southeast Quarter of the Northwest Quarter of Section 24, Township 121 North, Range 24 West, Wright County, Minnesota, described as follows: Beginning at the northeast corner of said Southwest Quarter of the Northeast Quarter; thence on an assumed bearing of South 0 degrees 00 minutes 20 seconds East along the East line of said Southwest Quarter of the Northeast Quarter 786.47 feet; thence South 88 degrees 17 minutes 45 seconds West 611.50 feet; thence South 2 degrees 49 minutes 28 seconds East 116.14 feet; thence South 82 degrees 06 minutes 02 seconds West 256.19 feet; thence South 88 degrees 21 minutes 45 seconds West 601.77 feet; thence North 58 degrees 52 minutes 21 seconds West 141.04 feet; thence North 0 degrees 00 minutes 00 seconds East, parallel with the West line of said Southwest Quarter of the Northeast Quarter, 862.63 feet to the intersection with the North line of said East Half of the Southeast Quarter of the Northwest Quarter, thence North 88 degrees 55 minutes 54 seconds East along the North line of said East Half of the Southeast Quarter of the Northwest Quarter a distance of 262.73 feet to the northeast corner of said East Half of the Southeast Quarter of the Northwest Quarter; thence North 88 degrees 35 minutes 00 seconds East along the North line of said Southwest Quarter of the Northeast Quarter a distance of 1319.17 feet to the point of beginning. 27 210886v4 Hunter Hills Parcel 8: That part of the South Half of the Southwest Quarter of Southeast Quarter of Section 24, Township 121, Range.24, Wright County, Minnesota, lying West and North of the following described line: Beginning at a point on the South line of said South Half of the Southwest Quarter of Southeast Quarter distant 600.0 feet East of the Southwest corner of said South Half of the Southwest Quarter of Southeast Quarter; thence North parallel with the West line of said South Half of the Southwest Quarter of Southeast Quarter a distance of 267.00 feet; thence East parallel with the South line of said South Half of the Southwest Quarter of Southeast Quarter a distance of 94.50 feet; thence North parallel with the said West line a distance of 391.35 feet to a point on the North line of the said South Half of the Southwest Quarter of Southeast Quarter distant 694.50 feet East of the Northwest corner thereof and there terminating. 28 210886v4 Hunter Hills [BANK LETTERHEAD] IRREVOCABLE LETTER OF CREDIT TO: City of Otsego City Hall 13400 90th Street NE Otsego, Minnesota 55330 Dear Sir or Madam: No. _ Date: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $ available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. dated 2 , of (Name of Bank) "; b) Be signed by the City Administrator or Finance Director of the City of Otsego. c) Be presented for payment at (Address of Bank) on or before 4:00 p.m. on November 30, 2 This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Otsego Finance Director that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty- five (45) days prior to the next annual renewal date addressed as follows: Otsego Finance Director, Otsego City Hall, 13400 90th Street NE, Otsego, MN 55330, and is actually received by the Finance Director at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. [NAME OF BANK] BY: Its 29 Hunter Hills 210886v4 (Above Space is Reserved for Recording Information Minnesota Wetland Conservation Act Declaration of Restrictions and Covenants for Project -Specific Wetland Replacement Replacement Wetland Declarant: General Location of Replacement: Sec. , Twp. , Rge. , County of This Declaration of Restrictions and Covenants for Project -Specific Wetland Replacement Wetland (Declaration) is made this day of by the undersigned Declarant: RECITALS A. The Declarant holds the fee title or perpetual easement on the real property described in Exhibit A, attached hereto. B. This real property is the site of a Replacement Wetland, as defined in Minnesota Rules 8420.0111, subp. 60. Exhibit B, attached hereto, is a map or survey of the subject Replacement Wetland. C. The Declarant is seeking approval of (1) a replacement plan under Minnesota Statutes section 103G.222. D. The Replacement Wetland is subject to the Wetland Conservation Act of 1991, as amended, Minnesota Statutes section 103G.222 et seq., and all other provisions of law that apply to wetlands, except that the exemptions in Minnesota Statutes section 103G.2241 do not apply to the Replacement Wetland, pursuant to Minnesota Rules 8420.0420. E. The Local Government Unit (LGU) charged with approval of the Replacement Plan is whose address is Hunter Hills 210886v4 F. All references in this instrument to Minnesota Statutes and Rules are to the Statutes and Rules currently in effect and as amended or renumbered in the future. RESTRICTIONS AND COVENANTS The Declarant makes the following declaration of restrictions and covenants for the Replacement Wetland. These restrictions and covenants shall run with the land, and bind Declarant, and Declarant's heirs, successors, and assigns: 1. The Declarant shall maintain a Replacement Wetland of the size and type specified in the replacement plan approved by the LGU and on file at the offices of the LGU. Declarant shall not make any use of the Replacement Wetland that would adversely affect the functions or values of the wetland as determined by Minnesota Rules 8420.0522, and as specified in the replacement plan. 2. Declarant shall pay the costs of maintenance, repairs, reconstruction, and replacement of the Replacement Wetland, which the LGU or the State of Minnesota through the Minnesota Board of Water and Soil Resources may deem necessary to comply with the specifications for the Replacement Wetland in the approved replacement plan. 3. Declarant grants to the LGU, the State of Minnesota, and the agents and employees of the LGU and the State of Minnesota, reasonable access to the Replacement Wetland for inspection, monitoring, and enforcement purposes. This Declaration grants no access to or entry on the lands described to the general public. 4. Declarant represents that he or she has a fee simple or easement interest in the land on which the Replacement Wetland is or will be located. Declarant represents that he or she has obtained the consent of all other parties who may have an interest in the land on which the Replacement Wetland is or will be located to the creation of the restrictions and covenants herein, and that, all such parties have agreed in writing to subordinate their interests to these restrictions and covenants, pursuant to the attached Consent and Subordination Agreement(s). 5. Declarant shall record or file this Declaration, pay all costs associated with recording or filing, and provide proof of recording or filing to the LGU. If this Declaration is given pursuant to a replacement plan, such proof shall be provided to the LGU before proceeding with construction of the Replacement Wetland. 6. Acknowledge that this Easement shall be unlimited in duration, without being re -recorded. This Easement shall be deemed to be a perpetual conservation easement pursuant to Minn. Stat. ch. 84C. 7. If the replacement plan approved by the LGU and on file at its offices requires the establishment of areas of native vegetative cover, the term "Replacement Wetland" as used in this Declaration shall also include the required areas of permanent vegetative cover, even if such areas are not wetlands. All provisions of this Declaration that apply to the Replacement Wetland shall apply equally to the required areas of native vegetative cover. In addition, the Declarant: (a) Shall comply with the applicable requirements of Minnesota Rules 8420.0526; (b) Shall, at Declarant's cost, establish and maintain permanent vegetative cover on areas specified in the replacement plan for native vegetative cover, including any necessary planting P] 210886A Hunter Hills and replanting thereof, and other conservation practices, in accordance with the replacement plan; (c) Shall not produce agricultural crops on the areas specified in the replacement plan; (d) Shall not graze livestock on the areas specified in the replacement plan or; (e) Shall not place any materials, substances, or other objects, nor erect or construct any type of structure, temporary or permanent, on the areas specified in the replacement plan, except as provided in the replacement plan; (f) Shall, at Declarant's cost, be responsible for weed control by complying with noxious weed control laws and emergency control of pests necessary to protect the public health on the areas specified in the replacement plan; and (g) Shall comply with any other requirements or restrictions specified in the replacement plan, including, but not limited to, haying, mowing, timber management or other vegetative alterations that do not enhance or would degrade the ecological functions and values of the replacement site. 8. This Declaration may be modified only by the joint written approval of the LGU and the State of Minnesota through the Minnesota Board of Water and Soil Resources. If the Replacement Wetland has been used to mitigate wetland losses under the Federal Water Pollution Control Act, the U.S. Army Corps of Engineers (or successor agency) must also agree to the modification in writing. Such modification may include the release of land contained in the legal description above, if it is determined that non -wetland areas have been encumbered by this Declaration, unless the approved replacement plan designates these non -wetland areas for establishment of permanent vegetative cover. 9. This Declaration may be enforced, at law or in equity, by the LGU, or by the State of Minnesota. The LGU and the State of Minnesota shall be entitled to recover an award of reasonable attorneys fees from Declarant in any action to enforce this Declaration. The right to enforce the terms of this Declaration is not waived or forfeited by any forbearance or failure to act on the part of the State or LGU. If the subject replacement area is to be used partially or wholly to fulfill permit requirements under the Federal Water Pollution Control Act or a federal farm program, then the provisions of this Declaration that run to the State or the LGU may also be enforced by the United States of America in a court of competent jurisdiction. 10. This Declaration must be recorded and proof of recording submitted to the LGU or other regulatory authority in order to be valid. Signature of Declarant Signature of Declarant Hunter Hills 210886A STATE OF MINNESOTA ) ss. COUNTY OF ) This instrument was acknowledged before me on (Signature of Notarial Officer) (Title) My commission expires: (date) by Attachments: [ ] Exhibit A (legal description) [ ] Exhibit B (map or survey of Replacement Wetland) This instrument drafted by: (name(s) of person(s). 210886v4 Hunter Hills MINNESOTA WETLAND CONSERVATION ACT AFFIDAVIT OF LANDOWNER(S) STATE OF MINNESOTA ) (ss. COUNTY OF ) , the Affiant herein, being first duly sworn, deposes and says: Affiant is the owner of land described as follows, to -wit: (see attached legal description in Declaration) 2. Affiant is well-acquainted with the above -described land. 3. As of 2 , no persons were in possession of or claiming title to said land other than Affiant. 4. There have been no improvements made during the one hundred twenty (120) days prior to the above date for which any mechanics' liens might have arisen. 5. All taxes and assessments levied against the property have been paid when due, and such property is free and clear of any tax lien except for current taxes not yet due or not yet delinquent. 6. No lien for unpaid income taxes has been filed or is outstanding against the property. 7. The land described above is free of all mortgages, easements, liens and other encumbrances except as specified on the attached Form A-2 (Consent to Replacement Wetland). 8. No judgment or decree has been entered against Affiant that remains unsatisfied. 9. Affiant has not filed a bankruptcy petition nor had one filed against him under Title 11 of the United States Code. Further your Affiant sayeth not. Subscribed and sworn to before me this day of 12 Notary Public AG:962 v1 5 Hunter Hills 210886v4 CONSENT TO REPLACEMENT WETLAND WHEREAS, following lands: [Insert same legal description from Replacement Wetland Declaration] AND WHEREAS, the undersigned, pursuant to: Mortgage Utility Easement for utility line or pipeline which runs through the Replacement Wetland Drainage Easement for ditch, tile line or other drainage system which runs through the Replacement Wetland Contract for Deed Lien Other (specify is the fee owner(s) of the , has an interest in the land which document is dated , and was recorded on the Office of the County Recorder for Wright County, in Book Page , as Document No. : and in WHEREAS, the fee owner or Landowner as defined in Minn. Rules part 8420.0110, subp. 29 intends to restore or create a Replacement Wetland under Minn. Stat. sec. 103G.222 and Minn. Rules part 8420.0530 or Minn. Rules part 8420.0740, upon the land described above. NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the undersigned hereby consents to the creation or restoration of the Replacement Wetland. The undersigned acknowledges that its interest in the land on which the Replacement Wetland is located shall be subject to all federal, state and local laws and regulations regarding wetlands, including the Declaration of Restrictions and Covenants for Replacement Wetland that is attached hereto. 210886v4 IN TESTIMONY WHEREOF, day of STATE OF MINNESOTA ) (ss. COUNTY OF ) by , the of the undersigned, has executed this document this Title ACKNOWLEDGEMENT The foregoing instrument was acknowledged before me this day of Notary Public Notary Stamp or Seal THIS INSTRUMENT WAS DRAFTED BY: Board of Water and Soil Resources 520 Lafayette Road St. Paul, Minnesota 55155 210886A Hunter Hills ADDITION EXHIBIT _ Summary of Financial Responsibility Developer's Agreement City of Otsego Tamerack Land - Hunter Hills, 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. Wetland Replacement ($1.75 per SF) Total Irrevocable Letter of Credit for Security (125% of Subtotal) $123,869.00 $160,420.00 $139,506.00 $340,136.00 Construction Subtotal $763,931.00 Paid with Gradin A reement $49,655.52 $12,212.05 Other Cost Subtotal $61,867.56 Total Subtotal $825,798.56 $1,032,248.20 II. Escrow A. Legal Service - 1.0% of $763,931.00 ($1,500 minimum) $7,639.31 B. City Construction Administration and Utility & Street Inspection ($10,000 minimum) $61,114.48 8% of $763,931.00 C. GIS Data Entry Fee 13.33 Ac X $100 /Acre Total Escrow III. Cash Fee A. City Administrative - 1.0% of $763,931.00 B. Trunk Water & Sewer Access Fees 1. Trunk Sewer (SAC) 24 REC X $2,597 /REC 2. Trunk Water (WAC) 25 REC X $1,813 /REC C. Trunk Storm Water Management Impact Fee 12.13 Net Ac X $3,588 /Net Acre D. Park & Trail Dedication Fee 24 Units X $2,640 /Unit E. Street & Traffic Control Signs 40 Signs X $250 /Sign F. Street Lights 5 Lights X $500/light Total Cash Fee ($1,500 minimum) - Credit $15,350 $1,333.00 $70,086.79 $7,639.31 $62,328.00 $29,975.00 $43,522.44 $63,360.00 $10,000.00 $2,500.00 $219,324.75 PAGE 1 OF 2 8/27/2020 Hunter Hills ADDITION EXHIBIT _ Summary of Financial Responsibility Developer's Agreement City of Otsego Tamerack Land - Hunter Hills, LLC III. Development Credits A. Trunk Sanitary Sewer $0.00 B. Trunk Watermain (upsize from 8" to 12" pipe along Lander Ave) $15,350.00 C. Trunk Storm Water Management $0.00 D. Park & Trail $0.00 E. Transportation Infastructure $0.00 Total Development Credits $15,350.00 IV. Development Warranty Letter of Credit A. Sanitary Sewer $123,869.00 x 15 % $18,580.35 B. Watermain $160,420.00 x 15 % $24,063.00 C. 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