Item 4.1 Parkview Retail 2nd Addition9
Ot TeFgo
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
22 March 2021
PRESENTER(s)
REVIEWED BY:
ITEM #:
City Planner Licht
City Administrator/Finance Director Flaherty
City Engineer Wagner
City Attorney Kendall
4.1— Parkview Retail 2"d Add
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 vacation of existing drainage and utility easements, approval of a final plat for
Parkview Retail 2°d Addition and approval of a development contract.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes
To be held by City Council 22 March 2021
BACKGROUND/JUSTIFICATION:
Rice Companies, Inc. has submitted plans on behalf of owners Parkview Partners, LLC for final plat approval
of Parkview Retail 2"d Addition. The proposed final plat consists of one lot and one outlot at the southwest
corner of Parrish Avenue (CSAH 42) and 88th Street. The preliminary plat and PUD-CUP for Parkview Retail
was approved by the City Council on 22 July 2019. Zoning approvals for proposed Lot 1, Block 1, Parkview
Retail 2"d Addition will be considered as a separate application.
Comprehensive Plan. The 2012 Comprehensive Plan guides Parkview Retail for commercial land use as
part of the City's primary retail, service, and office development area at TH 101 and CSAH 39. The
proposed final plat will provide for a lot for development of business in Otsego consistent with the goals of
the Comprehensive Plan
Zoning. The subject site is zoned B-3 General Business District.
Lot Requirements. Minimum lot area, lot width, and setback requirements for the B-3 District established
by Section 11-77-7 of the Zoning Ordinance.
Lots must have a minimum area of one acre and minimum width of 200 feet. The proposed lot is 1.18
acres in area and is 200 feet wide measured at the front setback line along Parkview Avenue. The
proposed lot complies with the minimum area and width requirements of the B-3 District.
A 30 foot setback is required from public rights -of -way abutting proposed Lot 1, Block 1, Parkview Retail 2"d
Addition and a 10 foot setback is required from the south lot line of the proposed lot. The proposed lot
has sufficient building envelope within required setbacks to allow for development that is in compliance
with the Zoning Ordinance.
Outlot. The proposed final plat includes Outlot A to be retained by the developer for future phases of
development.
Streets. The subject site abuts Parkview Avenue and 88th Street. Construction of the streets abutting the
subject site were completed as a public improvement project as part of the Parkview Retail plat.
Construction of sidewalks along Parkview Avenue and 88th Street, as well as a trail along Parrish Avenue
(CSAH 42) will be required with development of proposed Lot 1, Block 1, Parkview Retail 2"d Addition.
Grading Plan. A grading plan and all stormwater management and erosion control issues for Lot 1, Block 1
will be reviewed as part of a development application for Lot 1, Block 1, Parkview Retail 2"d Addition. All
grading, drainage, and erosion control issues are subject to review and approval of the City Engineer.
Utilities. Utilities were constructed with the public improvements to provide sewer and water services to
proposed Lot 1, Block 1, Parkview Retail. Connection to the existing utility lines will be reviewed at such
time as application for development of the the subject site is proposed, subject to review and approval of
the City Engineer. The developer is required by Section 8-1-5 and Section 8-1-6 of the City Code to pay
utility availability charges for Lot 1, Block 1, Parkview Retail 2°d Addition at the time of final plat approval.
Easements. Drainage and utility easements dedicated over the subject site with Parkview Retail are
required to be vacated. Section 10-8-12.A of the Subdivision Ordinance requires dedication of 10 foot wide
drainage and utility easements at the perimeter of Lot 1, Block 1, Parkview Retail 2"d Addition. Temporary
drainage and utility easements must be dedicated over Outlot A, including a five foot wide easement along
the north line. All drainage and utility easements are subject to review and approval of the City Engineer.
Park Dedication. The preliminary plat approval for Parkview Retail stipulates that park dedication
requirements for the subdivision are to be satisfied as a cash fee in lieu of land paid at the time of final plat
approval. The developer will be required to pay a cash fee in lieu of land of $7,000 per acre in accordance
with Section 3-1-2 of the City Code.
Development Contract. The proposed final plat does not include public improvements. The City Attorney
has drafted a basic development contract as required by Section 10-10-4 of the Subdivision Ordinance.
Section 10-5-3-B.8 of the Subdivision Ordinance requires recording of the final plat and development
contract within 100 days of City Council approval.
SUPPORTING DOCUMENTS ATTACHED:
■ Site location map
■ Engineering Review dated March 16, 2021
■ Resolution 2021-25 vacating existing drainage and utility easements
■ Final plat
■ Findings of Fact and Decision
■ Resolution 2021-26 approving a development contract
■ Development Contract
PnSSIRI F MTInN
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: I
Motion to adopt Resolution 2021-25 vacating existing drainage and utility easements within Outlot B,
Parkview Retail; approve the final plat of Parkview Retail 2"d Addition subject to the conditions stated in
the Findings of Fact and Decision as presented; adopt Resolution 2021-26 approving a development
contractI
Rl1DGET INFORMATION
FUNDING: BUDGETED:
N/A N/A
Site Location
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Review No. 1
IHakanson
IAAAnderson
ENGINEERING REVIEW
Parkview Retail 2"d Addition
Final Plat
for the City of Otsego
by
Hakanson Anderson
Submitted to: Honorable Mayor and City Council
cc: Adam Flaherty, City Administrator
Audra Etzel, City Clerk
Dan Licht, City Planner
Dave Kendall, City Attorney
Tom Bruce, Rice Companies, Inc
Reviewed by: Ronald J. Wagner, P.E.
Brent M. Larson, P.E.
Date: March 16, 2021
Proposed
Development: Parkview Retail 2nd Addition
Development
Location: Parcels 118341000020
Applicant: Tom Bruce, Rice Companies, Inc.
Developer: Parkview Partners, LLC
Owners of Record: Chris Rice, Parkview Partners, LLC
1019 Industrial Drive South
Sault Rapids MN 56379
Purpose: Parkview Retail 2nd Addition consists of one lot and one outlot at
the southwest corner of Parrish Avenue (CSAH 42) and 88th St. on
approximately 3.7 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
FINAL PLAT
SUMMARY AND/OR RECOMMENDATION
PAGE 2
V:\City Council Agendas\Council Packets\2021\03-22\4.1 Parkview Retail 2nd\Engineering Review.docx
INFORMATION AVAILABLE
Final Plat for Parkview Retail, dated May 20, 2020
88thth St and Parkview Avenue Improvement Project Plans, dated March 19, 2020
CSAH 39 Construction Plans, dated January 31, 2021
CSAH 42 As -built Plans, dated December 18, 2006
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
V:\City Council Agendas\Council Packets\2021\03-22\4.1 Parkview Retail 2nd\Engineering Review.docx
FINAL PLAT
1. Plat is adjacent to CSAH 42 therefore Wright County Highway Department will need
to review plat.
2. No easements for potential waterline and hydrant are shown and will need to be
added upon application for development.
3. No easements for required storm water infiltration or rate control is shown. Drainage
and Utility easements over all of Outlot A of Parkview Retail 2nd Addition shall be
required to ensure access to required storm water ponding and storm water
conveyance to storm water outlet at CSAH 42.
SUMMARY AND/OR RECOMMENDATION
We recommend approval contingent upon Outlot A being covered with a Drainage and Utility
Easement.
PAGE 4
V:\City Council Agendas\Council Packets\2021\03-22\4.1 Parkview Retail 2nd\Engineering Review.docx
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2021-25
VACATION OF EXISTING DRAINAGE AND UTILITY EASEMENTS WITHIN
OUTLOT B, PARKVIEW RETAIL
WHEREAS, drainage and utility easements were dedicated with the final plat of Parkview Retail; and,
WHEREAS, Rice Companies, Inc. has applied for approval of a final plat of Outlot B, Parkview Retail to be
known as Parkview Retail 2"d Addition; and,
WHEREAS, the drainage and utility easements to be dedicated within the final plat of Parkview Retail 2nd
Addition make unnecessary those drainage and utility easements dedicated within Outlot B, Parkview
Retail; and,
WHEREAS, Rice Companies has applied for vacation of the existing drainage and utility easements within
Outlot B, Parkview Retail; and,
WHEREAS, the City Council held a public hearing at their regular meeting on 22 March 2021 to consider
the vacation, preceded by required published and mailed legal notice; and,
WHEREAS, the City Council heard all parties interested therein and closed the public hearing; and,
WHEREAS, the existing drainage and utility easements within Outlot B, Parkview Retail serve no useful
public purpose upon approval of the final plat of Parkview Retail 2nd Addition; and,
WHEREAS, the City Council having considered all information received related to the proposed vacation
finds that vacating the existing drainage and utility easements within Outlot B, Parkview Retail would be
in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA THAT:
1. The existing drainage and utility easements located in the City of Otsego, Wright County, State
of Minnesota within Outlot B, Parkview Retail are hereby vacated.
2. The City Council hereby determines that the vacation of said existing drainage and utility
easements shall cause no damage to any abutting or nearby property owners and therefore no
damages are awarded to any such property owners.
3. The vacation shall be effective upon approval and recording of a final plat for Parkview Retail 2nd
Addition.
1
ADOPTED by the Otsego City Council this 22°d day of March, 2021.
MOTION BY:
SECONDED BY.
IN FAVOR:
OPPOSED:
2
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
ATTEST:
Audra Etzel, City Clerk
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MINNESOTA
APPLICANT: Rice Companies, Inc. on behalf of owners Parkview Partners, LLC
APPLICATION: Request for a final plat approval of Parkview Retail 2"d Addition.
CITY COUNCIL MEETING: 22 March 2021
26 Feb 21
FINDINGS 8c DECISION
FINAL PLAT
FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes
the following findings of fact:
A. The legal description of the property is Outlot B, Parkview Retail.
B. The property lies within the East Sewer District and is guided for commercial uses by the 2012 Otsego
Comprehensive Plan, as amended.
C. The property is zoned B-3, General Business District.
D. The Request for Council action dated 22 March 2021 prepared by the City Planner, The Planning
Company LLC, is incorporated herein.
E. The Engineering Review dated March 16, 2021 prepared by the City Engineer, Hakanson Anderson,
Inc., is incorporated herein.
F. Final plat applications are processed in accordance with Section 10-5-3 of the Subdivision Ordinance.
DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED,
subject to the following conditions:
1. All grading, drainage, and erosion control issues are to be subject to review and approval of the City
Engineer.
2. All utility issues are subject to review and approval of the City Engineer.
3. The developer shall pay utility availability charges at the time of final plat approval.
4. Park dedication requirements shall be satisfied as a cash fee in lieu of land in accordance with Section
10-8-15 of the Subdivision Ordinance.
5. All drainage and utility easements shall be subject to review and approval of the City Engineer.
6. The developer shall enter into a development contract with the City as provided for by Section 10-10-
4 of the Subdivision Ordinance as drafted by the City Attorney and subject to approval of the City
Council.
1
7. The final plat shall be recorded by 30 June 2021 as provided for by Section 10-5-3.13.8 of the
Subdivision Ordinance.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this r. day of March, 2021.
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
Attest:
Audra Etzel, City Clerk
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2021-26
APPROVING A DEVELOPMENT CONTRACT FOR
PARKVIEW RETAIL 2ND ADDITION
WHEREAS, Rice Companies, Inc. (the "developer) is proposing development of Parkview Retail 2"d
Addition; and
WHEREAS, a final plat for the development was approved by the City Council on 22 March 2021; and
WHEREAS, Section 10-10-4.A of the Subdivision Ordinance requires the developer to enter into a
development contract 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 contract; and
WHEREAS, those obligations are outlined and memorialized in the attached Development Contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA THAT:
1. The Development Contract attached hereto between the City of Otsego and Rice Companies, Inc. 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 Contract on behalf of
the City of Otsego.
1
ADOPTED by the Otsego City Council this 22nd day of March, 2021.
MOTION BY:
SECONDED BY:
IN FAVOR.
OPPOSED:
2
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
ATTEST:
Audra Etzel, City Clerk
(reser7�ed for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
PARKVIE W RETAIL 2ND ADDITION
CONTRACT dated
2021, by and between the CITY OF OTSEGO, a
Minnesota municipal corporation ("City"), and RICE COMPANIES, INC., a Minnesota corporation (the
"Developer").
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for PARKVIEW RETAIL 2ND ADDITION (referred to in this Contract as the "plat"). The land is situated in
the County of Wright, State of Minnesota, and is legally described as:
Outlot B, Parkview Retail, Wright County, Minnesota, according to the recorded plat
thereof.
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
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214208v1 Parkview Retail 2°d Addition
satisfied: 1) this contract has been fully executed by both parties and filed with the City Clerk, 2) the
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 amulti-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 amulti-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:
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214208v1
Parkview Retail 2"d Addition
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
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214208v1
Parkview Retail 2"d Addition
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 apre-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
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
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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 December 31, 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 the City determine that snowplowing is necessary prior to street paving, the City will plow
the streets) prior to acceptance of the streets. The Developer shall hold harmless and indemnify the City
from any and all liability related to this snow plowing and shall pay all costs associated with this snow
plowing. Any plowing undertaken by the City shall 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
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214208v1 Parkview Retail 2"a Addition
and the streets 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
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214208v1 Parkview Retail 2"d Addition
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 certes 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.
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
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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. SANITARY SEWER AVAILABILITY CHARGE AND WATER AVAILABILTIY CHARGE.
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
paid in cash at the time of final plat approval.
The water and sewer availability charges shall be
The Developer shall pay a cash fee in the amount of $10,960.15 for the Sewer Availability Charge
("SAC") at the time of plat approval which is calculated as follows:
4.15 REC X $2641/REC = $10,960.15
20. 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 building permit based on the fee schedule in effect at the time of application for the
building permit.
The Developer shall pay a cash fee in the amount of $7,652.60 for the Water Availability Charge
) at the time of plat approval which is calculated as follows:
4.15 REC X $1844/REC = $7,652.60
21. 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.
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22. PARK DEDICATION. The Developer shall pay a cash contribution of $8,260.00 in
satisfaction of the City 'spark dedication requirements. The charge was calculated as follows:
1.18 Acres X $7,000 per Acre = $8,260.00
23. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the conons listed in the Findings of Fact approved by the City Council on
March 22, 2021.
B. All grading, drainage, and erosion control issues are subject to review and approval of the City
Engineer
C. All utility issues are subject to review and approval of the City Engineer
D. All drainage and utility easements shall be subject to review and approval of the City Engineer.
E. 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.
F. The final plat shall be recorded by June 30, 2021 as provided for by Section 10-5-3.B.8 of the
Subdivision Ordinance.
24. 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
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
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(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.
25. 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
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
to
214208v1 Parkview Retail 2"d Addition
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 twelve
(12) 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.
26. SUMMARY OF SECURITY REQUIREMENTS
above is calculated as follows:
The amount of the security described
ESCROW
A. City Legal Expenses ($1,500.00 minimum)
B. GIS Data Entry Feed
C. City Construction Administration ($1,000.00 minimum)
and Utility and Street
$1,500.00
250.00
1,000.00
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ESCROW TOTAL
This breakdown is not a restriction on the use of the security.
$2,750.00
27. 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:
A. Trunk Sewer Access Fee (SAC) $10,960.15
B. Trunk Water (WAC) 7,652.60
C. City Administrative ($1,500.00 minimum) 1,500.00
D. Park And Trail Dedication 8,260,00
TOTAL CASH REQUIREMENTS $281372.75
28. 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.
29. 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
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,
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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
attachedI 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
30. 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
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.
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312 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,
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.
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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
directly or indirectly employed by either of them. The minimum amounts of insurance shall be
as follows:
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214208v 1 Parkview Retail 2"d Addition
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 (C(.L 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.
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.
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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
oLit of Developer's negligence or its performance or failure to perform its obligations under this
Contract. Developer's indemncation 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
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.
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214208v1 Parkview Retail 2"d Addition
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 wn 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.
32. 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: 1019 Industrial Drive South, Sauk Rapids, Minnesota 56379. 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.]
11E:3
214208v1
Parkview Retail 2"d Addition
CITY OF OTSEGO
BY:
(SEAL)
AND
STATE OF MINNESOTA
COUNTY OF WRIGHT
Jessica L. Stockamp, Mayor
Tami Loff, City Clerk
The foregoing instrument was acknowledged before me this day of ,
2021, 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
19
214208v1
Parkview Retail 2"d Addition
DEVELOPER:
RICE COMPANIES, INC.
BY:
STATE OF MINNESOTA
COUNTY OF
Its
The foregoing instrument was acknowledged before me this _
2021. by
Rice Companies, Inc., a Minnesota corporation,
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
the
on behalf of said entity.
NOTARY PUBLIC
of
20
214208v1 Parkview Retail 2"a Addition
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
PARKVIEW PARTNERS, LLC, a Minnesota limited liability company, fee owners of all or part of
the subject property, the development of which is governed by the foregoing Development Contract, affirm
and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to
that portion of the subject property owned by them.
Dated this
STATE OF MINNESOTA
COUNTY OF
day of
)ss.
2021.
PARKVIEW PARTNERS, LLC
By:
Its
The foregoing instrument was acknowledged before me this
by , the
Minnesota limited liability company, on behalf of said entity.
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
[print name]
[title
day of , 2021,
of Parkview Partners, LLC, a
21
214208v1 Parkview Retail 2"d Addition
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
WEST BANK, an Iowa banking corporation, which holds:
1. A Mortgage executed by Parkview Partners, LLC, a Minnesota limited liability company, in favor of
West Bank, an Iowa banking corporation, dated November 15, 2019, filed November 20, 2019, as
Document No. A1411591, in the amount of $1,350,000.00; and
2. Modification of Mortgage between Parkview Partners, LLC, a Minnesota limited liability company,
and West Bank, an Iowa banking corporation, dated April 1, 2020, filed April 6, 2020, as Document
No. A1422875; and
3. Modification of Mortgage between Parkview Partners, LLC, a Minnesota limited liability company,
and West Bank, an Iowa banking corporation, dated July 24, 2020, filed August 6, 2020, as
Document No. A1436028;
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 , 2021.
STATE OF
)ss.
COUNTY OF
WEST BANK
By:
Its
The foregoing instrument was acknowledged before me this
2021, by ,the
Iowa banking corporation, on behalf of said entity.
DRAFTED BY:
CAMPBELLKNUTSON
Professional Association
Grand Oak Office Center 1
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
DSK/smt
NOTARY PUBLIC
[print name]
[title]
of West Bank, an
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214208v1 Parkview Retail 2°d Addition
[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
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