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Item 4.2 Boulder Passy 0tsTeF o 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 4.2 — Boulder Pass 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 right-of-way and drainage and utility easements, approval of a final plat, and execution of a development contract. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes Yes — Held by City Council on 8 March 2021 BACKGROUND/JUSTIFICATION: M/I Homes of Minneapolis/St. Paul, LLC has submitted application to final plat Boulder Pass located at the northwest quadrant of 70th Street (CSAH 70) and Quaday Avenue. The preliminary plat for Boulder Pass was approved by the City Council on 12 October 2009. The preliminary plat allowed for gravel excavation for export to bring the property to the planned grades prior to final platting. Excavation of gravel from the property has ceased and the development of the property will occur consistent with the final elevations. The final plat is to be retitled as "Boulder Pass". ■ Comprehensive Plan. The Comprehensive Plan guides the subject site for Medium -to -High Density Residential Land Uses. The Comprehensive Plan, based on the preference for single family neighborhoods within Otsego, allows for development of residential land uses with less density than a townhouse or multiple family land use. ■ Zoning. The subject site is zoned R-5 Residential Single and Two Family District. A PUD-CUP was approved with the preliminary plat establishing lot requirements and provisions for common open space within the subdivision. Single family lots are a permitted use within the R-5 District. ■ Lot Requirements. The final plat consists of 44 single family lots accessed by public streets in a configuration consistent with the preliminary plat. The proposed lots within the final plat comply with the minimum lot area and width requirements of the R-5 District and the PUD-CUP setback requirements shown below: Min. Lot Min. Lot Setbacks Area Width Int. Cor. Front Side Rear Bldg. Garage Corner Interior Interior Quaday Ave./ CSAH 38 91000sf. 60ft. 90ft. 25ft. 30ft. 25ft. 10 ft. 30ft. 65ft. house/ 5 ft. garage/ 15 ft. between Bldg. Streets. The proposed lots will be accessed by local public streets constructed between Quaday Avenue and 73'd Street within the abutting Boulder Creek subdivision. The street name for the street segment between Parquet Avenue and Quaday Avenue should be revised as 73rd Street as it provides through access to Boulder Creek. Public streets are to be 28 feet wide with concrete curb and gutter within a 60 foot wide right-of- way. The final plat application also includes vacation of existing right-of-way easement for Quaday Avenue acquired by the City at the time the street was constructed, which will be platted with the proposed final plat. All right-of-way dedication and street construction plans are to be subject to review and approval of the City Engineer. Street lighting will be installed by the developer within the final plat in accordance with Title 8, Chapter 8 of the City Code with payment of charges as established in accordance with the City Fee Schedule, subject to review and approval of the City Engineer. Sidewalks/Trails. A sidewalk will be constructed on the south side of 73`d Street extending the existing sidewalk from the west within Boulder Creek. A future sidewalk is shown on the east side of Paris Avenue, north side of 71" Street, and west side of Parquet Avenue and on the north side of 72"d Street between Parquet Avenue and Quaday Avenue. A trail crossing with crosswalk and trail crossing signs will be required at the Quaday Avenue and 72"d Street intersection to access the existing trail on the east side of Quaday Avenue. Outlot A at the northwest corner of the subject site is to be deeded to the City. This outlot will abut the City's planned acquisition of land shown on the Park System Master Plan from the property to the north and is intended to allow for future trail access. The corridor between Blocks 1 and 2 is only 20 feet wide at 73'd Street, whereas 30 feet is required for the trail and maintenance on either side. A trail easement will need to be dedicated five feet each side of Outlot A over portion of Lot 5, Block 1 and Lot 1, Block 2 to provide the necessary width for the future trail. There is a privately maintained trail within Outlot C through the center of the development. This trail will connect to sidewalks on 73rd Street and Parquet Avenue. A Homeowners Association will be responsible for maintenance of the trail. A trail easement should be dedicated over the trail corridor within Outlot C to allow public access. ■ Landscaping. Section 11-19-2.6.1 of the Zoning Ordinance requires the developer install two shade trees within each lot of the final plat as construction of houses on each lot progresses. The security for these trees will be collected at the time of building permit for each lot. Lots 1 and 2, Block 7 require planting of a residential buffer yard along Quaday Avenue in accordance with Section 11-19-3.B.3 of the Zoning Ordinance. The development contract will include a security for installation of the required buffer yard. ■ 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 1M-12.A of the Subdivision Ordinance. Existing drainage and utility easements previously dedicated within the subject site no longer serve a public purpose and will be vacated. All drainage and utility easements are subject to approval of the City Engineer. ■ Grading and Drainage Plans. The developer has submitted grading and drainage plans for the proposed final plat. There is an existing wetland within Outlot A that will be protected with the deeding of the outlot to the City. There is a need to provide a grading easement over Outlot B such that the elevations can be transitioned to the property to the north. All grading, drainage and utility issues are subject to review and approval of the City Engineer. ■ Utilities. The developer has submitted utility plans for the proposed final plat. All utility plans are subject to review and approval by the City Engineer. The developer will be required to pay Utility Availability Charges for the proposed single lots at the time of final plat approval. 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 Park System Master Plan does not identify dedication of land for public parks from the subject site. 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 contract. ■ Outlots. The proposed final plat includes nine outlots for the purposes stated. Outlot B must be overlaid by drainage and utility easement with a grading easement provided to the abutting property owner to the north to allow for future development of their property. Outlot B must also either be conveyed to the HOA or to the abutting property owner to the north. Outlot Purpose Ownership A, D, E, F Stormwater basin/wetland Deed to City G, H, I Future phases Developer B, C Private maintained open space/public access trail HOA Homeowners Association. Documents establishing a homeowners association to provide for ownership and maintenance of common elements within the subdivision are to be submitted for review and approval by the City Attorney prior to recording with the final plat. Development Contract. The City Attorney drafted a Development Contract 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 Contract 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. ■ Recording. Section 10-5-3-B.8 of the Subdivision Ordinance requires recording of the final plat within 100 days of City Council approval. SUPPORTING DOCUMENTS ATTACHED: ■ Site Location Map ■ Final Plat ■ Engineering Review dated February 24, 2021 ■ Resolution 2021-20 vacating existing right-of-way and drainage and utility easements ■ Findings of Fact and Decision ■ Resolution 2021-21 approving a development contract ■ Development Contract POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to adopt Resolution 2021-20 vacating existing right-of-way and drainage and utility easements; approve the final plat of Boulder Pass subject to the conditions stated on the findings of fact and decision as presented; and adopt Resolution 2021-21 approving a development contract. 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Pon � � � 5 1�1 rig i DIN o oil > \ \ ° �'' OA +'Q g S S / $ law �mo3ss S'y �? / ? 8' o�be$° •<;R e ssir ' ' 11. a'RV a-v 01 ° af,` .rn o `p2li:D 1P\Au'�I l,q 8 gays➢; vAQ�yb � Its 88�.. y YfE A / _pCA ✓} p v ,Cyr ��sd.s IY t' CL Ygy. --sosM.x'EToo 1 Id W141 PJPM ' I a'x9 LEA ' wap, Review No. 3.5 HaICdIISOtl Anderson ENGINEERING REVIEW Residential Subdivision for the City of Otsego by Hakanson Anderson Submitted to: Honorable Mayor and City Council cc: Adam Flaherty, City Administrator/Finance Director Audra Etzel, City Clerk Dan Licht, City Planner Dave Kendall, City Attorney Hans Hagen, Hans Hagen Commercial Properties, Inc. Brian Krystofiak, Carlson McCain Reviewed by: Ronald J. Wagner, P.E. Brent M. Larson, P.E. Date: February 24, 2021 Proposed Development: Boulder Pass Street Location A portion of the south %2 of Section 27, T121, R23. West of Quaday of Property: Avenue, and north of CSAH 38 (70th Street). Applicant: Hans Hagen Developer : Hans Hagen Commercial Properties 3195 124th Avenue NE Blaine, MN 55449 Owners of Record: Hans Hagen Homes Inc 12316 Arbor Lakes Pkwy N Maple Grove, MN 55369 Purpose: Boulder Pass is a proposed 44 single-family residential lot (of 111 lot preliminary platted lots) development on 66+ 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 FINAL PLAT CONSTRUCTION PLANS COVER INDEX SANITARY SEWER AND WATERMAIN STORM SEWER STREET CONSTRUCTION TRAIL CONSTRUCTION DETAILS GRADING PLANS SURFACE WATER MANAGEMENT WETLANDS SUMMARY AND/OR RECOMMENDATION PAGE 2 S:\MunicipalWotsego23xx\2321 Boulder Pass\A-REVIEW PHASE\OT2321 RVW3.5.docxS:\Municipal\Aotsego23xx\2321 Boulder Pass\A-REVIEW INFORMATION AVAILABLE Final Plans for Boulder Pass, received 2/23/2021, by Carlson McCain Construction Plans for Boulder Pass, dated 2/12/20215 by Carlson McCain Grading Plans for Boulder Pass, dated 2/12/20215 by Carlson McCain Preliminary Plans for Boulder Pass, dated 9/17/20209 by Carlson McCain Stormwater Management Plan for Boulder Pass, dated 2/12/2021, by Calson McCain Previousl�Submitted Information Preliminary Plans for Boulder Creek Development of Otsego, 3/24/06 & 4/25/06, by Pioneer Engineering Environmental Assessment Worksheet for Boulder Creek Development of Otsego, February 28, 2006, by Pinnacle Engineering Wetland Delineation Report, 9/19/03, by Kjolhaug Environmental Services Company, Inc. Geotechnical Report for Boulder Creek Development of Otsego, 2/15/06, by STS Consultants, LTD. Sketch Plan for Darlcenwald Property, 9/2/09 Additional Information Minnesota Rules, Chapter 4410 — EAW Requirement City of Otsego Engineering Manual City of Otsego Zoning and Subdivision Ordinances National Wetland Inventory Map PAGE 3 S:\Municipal\Aotsego23xx\2321 Boulder Pass\A-REVIEW PHASE\OT2321 RVW3.5.docxS:\Municipal\Aotsego23xx\2321 Boulder PassW-REVIEW FINAL PLAT 1. No comments. CONSTRUCTION PLANS COVER SHEET 2. No comments. OVERALL SITE PLAN/INDEX SHEET 3. No comments. SANITARY SEWER & WATERMAIN 4. No comments. STORM SEWER 5. No comments. STREET CONSTRUCTION 6. Eliminate Pedestrian Ramp #3 for the crossing to the future trail on the north side of 73rd Street. 7. The vertical curves along 73rd Street/Court and Parquet Avenue NE do not meet the minimum lengths of K-values for a 30 mph design speed. TRAIL CONSTRUCTION 8. Provide an alignment stationing, profile with grades and vertical curves as well as cross - slope drainage arrows is needed for the trail through the pond area. 9. Provide a legend on Sheet 13. DETAILS 10. The recommended R-value for the site is 50. This would correspond to a trail section of 3" bituminous over 5" of class 5. The section indicated in Bituminous Trail in Standard Plate 707 shall be revised. 11. Eliminate Pedestrian Ramp #3 detail PAGE 4 S:\Municipal\Aotsego23xx\2321 Boulder Pass\A-REVIEW PHASE\OT2321 RVW3.5.docxS:\MunicipalWotsego23xx\2321 Boulder Pass\A-REVIEW GRADING, DRAINAGE. AND EROSION CONTROL PLAN 12. The recommended R-value for the site is 50. This would correspond to a trail section of 3" bituminous over 5" of class 5. The section indicated in Bituminous Trail in Standard Plate 707 shall be revised. STORM WATER MANAGEMENT 13. Please provide some clarification to Appendix C, for the NURP and WQV calculations. a. The volume (af) for the 887 NWL contour is less than the column at contour 886. Please verify this is correct as the 887 contour has a larger area it should also have the larger volume. b. The infiltration drawdown time calculation uses an area of 0.791 acres. Please provide an written explanation in the report as to why this is less than the Infiltration area in the volume calculation above (2.698 acres). WETLANDS 14. No wetland impacts are being proposed but a wetland delineation report has not been received at this time. SUMMARY AND/OR RECOMMENDATION We recommend approval contingent on the above comments being addressed. PAGE 5 S:\Municipal\Aotsego23xx\2321 Boulder Pass\A-REVIEW PHASE\OT2321 RVW3.5.docxS:\MunicipalWotsego23xx\2321 Boulder Pass\A-REVIEW CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2021-20 VACATIING EXISTING RIGHT-OF-WAY AND DRAINAGE AND UTILITY EASEMENTS WITHIN THE PLAT OF BOULDER PASS WHEREAS, the City Council approved the preliminary plat of Boulder Pass on 12 October 2009; and, WHEREAS, the approved preliminary plat includes dedication of right-of-way and drainage and utility easements as required by the Subdivision Ordinance; and, WHEREAS, MI Homes has submitted application for final plat approval of Boulder Pass; and WHEREAS, the dedication of right-of-way and drainage and utility easements with the proposed final plat supersede and make unnecessary the existing easements within the property; and, WHEREAS, MI Homes has initiated vacation of the existing right-of-way and drainage and utility easements concurrent with the application to final plat the property; and, WHEREAS, the City Council held a public hearing at their regular meeting on S 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 City Council having considered all information received related to the proposed vacation and finds that vacating the existing right-of-way and drainage and utility easements would be in the public interest; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA THAT: 1. That all right-of-way and drainage and utility easements described by Exhibit A are hereby vacated. 2. The City Council hereby determines that the vacation of said right-of-way and 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. 1 ADOPTED by the Otsego City Council this 22n day of March, 2021. MOTION BY: SECONDED BY. IN FAVOR: OPPOSED: 2 CITY OF OTSEGO Jessica L. Stockamp, Mayor ATTEST: Audra Etzel, City Clerk EXHIBIT A Easement % acation Description Sketch — I I"I " 111 for — T I II I i:r I:I I, cui, F� _ .k Igo ..14 i j E 1 • 11 • .1 ' rl 1 I I I " go go_— l 1 T I I I I :.:i II i_i:i}j i I i go go go w =u -'+ : :1 s-1-- .r:,:u1...I a r,.: u. •-1- `. ,:, .:•.:, _ I. 1 ARL#ON wow r--1 EI I I- •i i I I II I" r' '0 0 , El 'I N'l l'1 alurssM+neloMcw„awt•oaw+��*a*a j 111: 1I 0 1 My YMI�+iIF \ pl�IOvr{p.lhlA� I I I —.I I"II 3 17 Mar 21 P s e if 0 N.INN.•i0TA P9 FINDINGS OF FACT AND DECISION APPLICANT: M/I Homes of Minneapolis/St. Paul, LLC APPLICATION: Request for final plat approval of Boulder Pass. CITY COUNCIL MEETING: 22 March 2021 FINDINGS: Based upon review of the application and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property described is: The South Half of the Southeast Quarter of Section 27, Township 121, Rage 23, EXCEPTING therefrom that part of the Southeast Quarter of the Southeast Quart of Section 27, Township 121, Range 23, described as follows: Beginning at the Southeast corner of said Southeast Quarter of the Southeast Quarter; thence West along the South line of said Southeast Quarter of the Southeast Quarter, 845 feet; thence Northeasterly to the Northeast corner of said Southeast Quarter of the Southeast Quarter; thence South along the East line thereof to said point of beginning, according to a Government Survey thereof. B. The property lies within the East Sewer District and is guided for Medium -to -High Density Residential land uses by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned R-5, Single and Two Family Residential District, which allows single family dwellings as a permitted use. D. The City Council approved application for preliminary plat approval and a PUD-CUP on 12 October 2009. E. The applicant is proposing a final plat of 44 single family lots and nine outlots. F. The Request for Council Action dated 22 March 2021 prepared by the City Planner, The Planning Company LLC, is incorporated herein. G. The Engineering Review dated 24 February 2021 prepared by the City Engineer, Hakanson Anderson Inc., is incorporated herein. H. Final plat applications are processed in accordance with Section 10-3-3 of the Subdivision Ordinance and do not require a recommendation by the Planning Commission. 1 DECISION: Based on the foregoing information and applicable ordinances, the application is hereby APPROVED, subject to the following conditions: E 3 The final plat shall be titled as "Boulder Pass" The applicant shall execute a development agreement as drafted by the City Attorney and subject to approval of the City Council. All of the lots within the final plat shall comply with the following minimum lot requirements and setbacks: Min. Lot Area Min. Lot Width Setbacks Int. Corn Front Side Rear Bldg. Garage Corner Interior Interior Quaday Ave./ CSAH 38 91000sf. 60ft. 90ft. 25ft. 30ft. 25ft. 10 ft. 30ft. 65ft. house/ 5 ft. garage/ 15 fte between bldgs. All right-of-way dedication and construction plans for all streets shall be subject to review and approval by the City Engineer. 5. Street lighting shall be installed within the final plat in accordance with Title 8, Chapter 8 of the City Code with payment of charges as established in accordance with the City Fee Schedule, subject to review and approval of the City Engineer. 6. The street segment between Parquet Avenue and Quaday Avenue shall be designated at 73rd Street. 7. A trail easement shall be dedicated five feet each side of Outlot A over portion of Lot 5, Block 1 and Lot 11 Block 2 to provide the necessary 30 foot width for a future trail. 8. A public trail easement shall be provided over the privately maintained trail corridor within Outlot C between 73`d Street and Parquet Avenue. 9. A landscape buffer yard as required by Section 11-19-3.B.3 of the Zoning Ordinance shall be planted in the rear yards of Lots 1 and 2, Block 7, subject to review and approval of the Zoning Administrator. 10. All drainage and utility easements shall be subject to review and approval of the City Engineer. 11. All grading, drainage, and erosion control plans shall be subject to review and approval by the City Engineer. 12. All utility plans shall be subject to review and approval of the City Engineer. 13. The applicant shall pay applicable utility availability charges upon approval of the final plat and pay utility connection charges at the time a building permit is issued for each lot based on the current fee in effect at that time. 2 14. The developer shall satisfy park and trail dedication requirements as a cash fee in lieu of land as set forth in the development agreement. 1S. Outlots A, D, E and F shall be deeded to the City for stormwater management purposes in accordance with Section 10-8-12.D of the Subdivision Ordinance. 17. Outlot B shall be overlaid a grading easement benefiting the abutting property owner to the north of the plat. 18. Outlot B shall be conveyed to a homeowners association as privately owned and maintained open space. The HOA shall have the ability to convey Outlot B to the abutting property owner to the north of the plat for development as part of that property. 19. Outlot C shall be conveyed to a homeowners association as privately maintained open space. 20. All homeowners association documents are subject to review and approval by the City Attorney. 21. The final plat shall be recorded within 100 days of City Council approval as required by Section 10-5- 3.6.8 of the Subdivision Ordinance. MOTION BY: SECOND BY: ALL IN FAVOR. THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 22°d day of March, 2021. CITY OF OTSEGO By: Attest: Jessica L. Stockamp, Mayor Audra Etzel, City Clerk 3 EXHIBIT A — LEGAL DESCRIPTION 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 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. 52 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. 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. 5 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2021-21 APPROVING A DEVELOPMENT CONTRACT FOR BOULDER PASS WHEREAS, MI Homes (the "developer") is proposing development of Boulder Pass; and, WHEREAS, a final plat for the development was approved on 22 March 2021 by the City Council; 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 MI Homes 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 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 CONTRACT dated (reserved for recording inforntntion) DEVELOPMENT CONTRACT (Developer Installed Improvements) BOULDER PASS 2021, by and between the CITY OF OTSEGO, a Minnesota municipal corporation ("City"), and M/I HOMES OF MINNEAPOLIS/ST. PAUL, LLC, a Delaware limited liability company (the "Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for BOULDER PASS (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 1 213534v3 Boulder Pass 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: Boulder Pass 213534v3 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 213534v3 Boulder Pass 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 213534v3 Boulder Pass 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 Boulder Pass 213534v3 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 inating 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 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 by the f� 213534v3 Boulder Pass 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 cered 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, Mn 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 7 213534v3 Boulder Pass 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 Cl"d 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 $382,683.00 which is due upon final plat approval. The Developer shall pay a cash fee in the amount of $88,064.68 for the Trunk Storm Water Management Impact Fee due upon final plat approval which is calculated as follows: 34.36 Net Acres X $2,563.00/Net Acre = $88,064.68 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 $216,671.00 for Lateral and Trunk Sanitary Sewer which is due upon final plat approval. The Developer shall pay a cash fee in the amount of $116,204.00 for the Sewer Availability Charge at the time of plat approval which is calculated as follows: 44 REC X $2,641/REC = $116,204.00 21. LATERAL AND TRUNK WATERMAIN. The Developer shall post a security in the amount of $294,030.00 for the installation of lateral and trunk watermain and connection. The Developer shall pay a cash fee in the amount of $42,936.00 for the Water Availability Charge ("WAC") at the time of plat approval which is calculated as follows: 44 REC X $17844.00/ REC = $81,136.00 —Credit of $38,200.00=$42,936.00 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 0 213534v3 Boulder Pass 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 Cercate of Occupancy. 23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utWILY construction, and public street construction is restricted to access the subdivision as approved by the City Engineer. 24. PARKS, TRAILS, AND SIDEWALKS. The Developer shall construct a sidewalk on the south side of 73d Street extending the existing sidewalk from the west within Boulder Creek. The Developer shall install a future sidewalk on the east side of Paris Avenue, north side of 715` Street, and west side of Parquet Avenue and on the north side of 72"d Street between Parquet Avenue and Quaday Avenue. The Developer shall install a trail crossing with a crosswalk and trail crossing signs at the Quaday Avenue and 72"d Street intersection to access the existing trail on the east side of Quaday Avenue. The Developer shall pay a cash contribution of $126,720.00 in satisfaction of the City's park dedication requirements. The charge was calculated as follows: 44 lots at $2,880.00 per lot. 25. TRAFFIC CONTROL SIGNS. The Developer shall pay a cash fee to the City in the amount of $9,000.00 for installation of traffic control signs. The fee is calculated as follows: thirty-six (36) 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. LANDSCAPING. The Developer or lot purchaser shall plant least two (2) trees on every lot in the plat, one of which must be planted in the front yard. Trees that are chosen by the Developer or property owner cannot cause a public nuisance, such as cotton producing trees, or trees that may become a public hazard due to insect infestation or weak bark. The minimum deciduous tree size shall be two and C 213534v3 Boulder Pass one-half (2'/2) inches caliper, balled and burlapped. Evergreen trees must be at least eight feet (8') tall. The trees may not be planted in the right-of-way. The Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the rear of the structure on every lot. Weather permitting, the trees, sod, and seed shall be planted within sixty (60) days after a home has received a certificate of occupancy. Before a building permit is issued, a cash escrow per each lot in the plat shall be furnished the City in accordance with the City's current fee schedule to guarantee compliance with the landscaping requirements. If the landscaping is not completed in a timely manner, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the landscaping 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. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer or property owner is responsible for contacting the City when all the landscaping has been installed to set up an inspection. Fifty percent (50%) of the security will be released when all the landscaping has been installed and inspected by City staff and the remaining fifty percent (50%) will be released one year after the landscaping inspection and any warranty work has been completed. Landscaping shall be installed in accordance with the approved landscape plan. The Developer shall post a $10,000.00 landscaping security at the time of final plat approval to ensure that the landscaping is installed in accordance with the approved plan. 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 March 8, 2021. B. Before the City signs the final plat, the Developer shall convey Outlots A, D, E, and F 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. io 213534v3 Boulder Pass C. The Developer shall install street lighting within the final plat in accordance with Title 8, Chapter 8 of the City Code with payment of charges as established in accordance with the City Fee Schedule, subject to review and approval by the City Engineer. D. The Developer shall revise the street name for the street segment between Parquet Avenue and Quaday Avenue to 73`d Street as it provides through access to Boulder Creek, prior to final plat approval. E. The Developer shall submit documents establishing a Homeowners Association to provide for ownership and maintenance of common elements within the subdivision for review and approval by the City Attorney prior to recording of the final plat. F. The Developer shall convey Outlot C to the Homeowners Association for use as privately owned and maintained open space. G. Outlot B shall be subject to a grading easement benefitting the abutting property owner to the north of the plat boundary. H. Subject to the grading easement benefitting the abutting property owner to the north of the plat boundary, Outlot B shall be conveyed to the Homeowners Association for use as privately owneA and maintained open space, or may be conveyed to the abutting property owner to the north of the plat boundary. I. The Developer shall grant to the City an appropriately executed permanent trail easement in recordable form over Outlot C. J. The Homeowners Association shall own and maintain the trail corridor within Outlot C. K. The Developer shall record the final plat within one -hundred (100) days of City Council approval pursuant to Section 10-5-3-B.8 of the Subdivision Ordinance, L. 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 11 213534v3 Boulder Pass 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. M. The Developer shall pay a cash fee for the preparation of record construction drawings and City base map updating. This fee is $100.00 per acre for a total charge of $3,454.00, calculated as follows: 34.54 Acres X $100.00/Acre. N. 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 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. 12 213534v3 Boulder Pass 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 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 IN Boulder Pass 213534v3 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. 31. SUMMARY OF SECURITY REQUIREMENTS above is calculated as follows: 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 The amount of the security described B. Engineering &Surveying Construction Services C. Landscaping OTHER COSTS SUB -TOTAL TOTAL - SUBTOTAL $216, 671.00 2941030000 382,683.00 471,165.00 $1.364.549.00 $145,200.00 88,695.69 10,000.00 $243,895.69 $1,608,444.69 14 213534v3 Boulder Pass TOTAL IRREVOCABLE LETTER OF CREDIT $2,010,555.86 FOR SECURITY (125% OF SUBTOTAL) ESCROW A. City Legal Expenses (Est. 1.0% of $765,821.00) $131645.49 B. City Construction Observation (Est. 8.0% of $765,821600) 1091163,92 C. GIS Data Entry Fee $34454.00 ESCROW TOTAL $1265263.41 DEVELOPMENT WARRANTY LETTER OF CREDIT A. Sanitary Sewer B. Watermain C. Storm Sewer D. Streets E. Erosion & Sedimentation Control TOTAL WARRANTY LETTER OF CREDIT $32,500.65 441104450 57,402.45 70,125.00 11 �000.00 $215,132.60 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: A. City Administrative (Est. 1.0% of $1,364,549.00) B. Trunk Sewer Access Fee (SAC) C. Trunk Water (WAC) D. Trunk Storm Water Management Impact Fee E. Park And Trail Dedication F. Traffic Control Signs G. Street Light Operating Fee TOTAL CASH REQUIREMENTS $13,645.49 116,204.00 421936,00 1064,68 126,720.00 9,000.00 2,500.00 $399,070.17 33. DEVELOPMENT CREDITS. The following is a summary of Developer credits from the City: A. Trunk Watermain $38�200.00 TOTAL DEVELOPMENT CREDITS $38,200.00 15 213534v3 Boulder Pass 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 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 16 213534v3 Boulder Pass 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 k I ow) 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 , 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 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. ti 213534v3 Boulder Pass 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. 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 m 213534v3 Boulder Pass 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. 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 as follows: The minimum amounts of insurance shall be 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 Injury by Disease aggregate $500, 000 — Bodily Injury by Accident The Developer's and general contractor's insurance must be "Primary and Non -Contributory" 19 213534v3 Boulder Pass 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. 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 20 213534v3 Boulder Pass 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. 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: 5354 Parkdale Dr. #100, St. Louis Park, MN 55416. 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 21 213534v3 Boulder Pass 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.] 213534v3 Boulder Pass (SEAL) STATE OF MINNESOTA )ss. COUNTY OF WRIGHT CITY OF OTSEGO BY: AND Jessica L. Stockamp, Mayor Bethany Benting, Deputy City Clerk The foregoing instrument was acknowledged before me this day of 20211 by Jessica L. Stockamp and by Bethany Benting, the Mayor and Deputy City Clerk Otsego, a Minnesota municipal corporation, on behalf of the corporation and pursuant to granted by its City Council. NOTARY PUBLIC of the City of the authority 23 213534v3 Boulder Pass STATE OF MINNESOTA )ss. COUNTY OF DEVELOPER: M/I HOMES OF MINNEAPOLIS/ST. PAUL, LLC BY: Gary M. White Its President The foregoing instrument was acknowledged before me this day of , 2021, by Gary M. White, the President of M/I HOMES OF MINNEAPOLIS/ST.PAUL, LLC, a Delaware 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, MN 55121 Telephone: 651-452-5000 DSK/smt 24 213534v3 Boulder Pass EXHIBIT "A" TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as BOULDER PASS The South Half of the Southeast Quarter of Section 27, Township 121, Range 23, EXCEPTING therefrom that part of the Southeast Quarter of the Southeast Quarter of Section 27, Township 121, Range 23, Wright County, Minnesota, described as follows: Beginning at the Southeast corner of said Southeast Quarter of the Southeast Quarter; thence West along the South line of said Southeast Quarter of the Southeast Quarter, 845 feet; thence Northeasterly to the Northeast corner of said Southeast Quarter of the Southeast Quarter; thence South along the East line thereof to said point of beginning, according to a Government Survey thereof. (Abstract Property) Boulder Pass 213534v3 [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) I ; 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 26 213534v3 Boulder Pass