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Item 4.4 Villas at Kittredge Crossings9 O otSTCI fgo F MINNESOT 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 Kendell 4.4 - Villas at Kittredge Crossings STRATEGIC VISION MEETS: THE CITY OF OTSEGO: Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of a preliminary plat, PUD Development Stage Plan, final plat, development agreement, and establishment of parking zones. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes Held by Planning Commission on 16 February 2021 BACKGROUND/JUSTIFICATION: Otsego Finest Homes, LLC received City Council approval of a Comprehensive Plan amendment, PUD District amendment, PUD Development Stage Plan, and preliminary plat for Outlot H, Kittredge Crossings on 28 September 2020. The approved development consisted of 14 twin homes and one 3-unit townhouse building located on the west portion of the subject site facing to Kittredge Parkway, as well as a concept plan for a second phase of development of 26 twin homes and one 3-unit townhouse building on the east portion of the subject site (46 dwelling units total). The developer has revised their plans based on a wetland delineation reducing the protected area at the center of the subject site as being incidentally caused by development grading activity. The revised development plans propose a Phase 1 of 26 twin home and detached single family dwelling units on the west portion of the subject site. A second phase of 56 additional twin home and detached single family villa dwellings (82 dwelling units total). The proposed dwelling units are consistent with the amendments of the Comprehensive Plan and Kittredge Crossings PUD District approved on 28 September 2020. The revised PUD Development Stage Plan, preliminary plat, and final plat require processing an amendment of the prior approvals. A public hearing to consider the proposed development of the subject site was held by the Planning Commission at their meeting on 16 February 2021. Mr. Kroiss was present. There were no public comments. The Planning Commission discussed the revised layout compared to the previously approved plans. There were no concerns regarding the proposed development. The public hearine was closed and the Planning Commission voted 7-0 to recommend City Council approval. SUPPORTING DOCUMENTS ATTACHED: ■ Planning Report dated 10 February 2021 ■ Engineering Review dated February 12, 2021 ■ Findings of Fact and Decision ■ Resolution 2021-27 approving a development contract ■ Development Contract ■ Resolution 2021-28 establishing parking zones POSSIRI F MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to approve a preliminary plat, PUD Development Stage Plan, and final plat for the Villas at Kittredge Crossings subject to the stipulations as stated on the findings of fact and decision as presented; adopt Resolution 2021-27 approving a development contract; and adopt Resolution 2021-28 establishing parking zones. RI Ill(�FT INFORMATION FUNDING: BUDGETED: N/A N/A ITEM 3 _ 2 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com The Planning Company PLANNING REPORT TO: Otsego Planning Commission FROM: D. Daniel Licht, AICP REPORT DATE: 10 February 2021 60-DAY DATE: 27 March 2021 RE: Otsego —Villas at Kittredge Crossings; PUD Development Stage Plan TPC FILE: 101.02 BACKGROUND Steve Kroiss, LLC, representing Otsego Finest Homes, LLC, received City Council approval of a Comprehensive Plan amendment, PUD District amendment, PUD Development Stage Plan, and preliminary plat for Outlot H, Kittredge Crossings on 28 September 2020. The approved development consisted of 14 twin homes and one 3-unit townhouse building located on the west portion of the subject site facing to Kittredge Parkway, as well as a concept plan for a second phase of development of 26 twin homes and one 3-unit townhouse building on the east portion of the subject site (46 dwelling units total). The developer has revised their plans based on a wetland delineation reducing the protected aI ea at the center of the subject site as being incidental caused by development grading activity. The revised development plans propose a Phase 1 of 26 twin home and detached single family dwelling units on the west portion of the subject site. A second phase of 56 additional twin home and detached single family villa dwellings (82 dwelling units total). The proposed dwelling units are consistent with the amendments of the Comprehensive Plan and Kittredge Crossings PUD District approved on 28 September 2020. The revised PUD Development Stage Plan, preliminary plat, and final plat require processing an amendment of the prior approvals. A public hearing to consider the proposed development of the subject site has been noticed for the Planning Commission meeting on 8 February 2021. 1 Exhibits: ■ Site Location Map ■ Developer narrative dated January 25, 2021 ■ Engineer narrative dated January 26, 2021 ■ Minnesota Wetland Conservation Act Notice of Decision 10/22/2020 ■ Architectural color schemes (4 pages) ■ Architectural elevation and floor plans (8 pages) ■ Preliminary Plat (2 sheets) ■ Final Plat (2 Sheets) ■ Villas at Kittredge Crossings plan set dated 01/26/21 (25 sheets) ANALYSIS Land Use. The Planning Commission completed a Multiple Family Housing Study that was accepted by the City Council on 14 September 2020. The subject site was considered as part of the study as a follow up to the prior concept plan proposal for residential development. The final Multiple Family Housing Study recommended that the subject site be planned for Medium -to -High Density Residential uses based on the character of development that has occurred in Kittredge Crossings. Dwelling Type Approved Plan Revised Plan Single family villa 0 14 Twin home 40 68 Townhomes 6 0 TOTAL 461 82 The 2012 Comprehensive Plan guides the subject site for medium -to high density land uses following approval on 28 September 2020 of the amendment requested by the developer. The revised PUD Development Stage Plan and preliminary plat for the subject site as outlined in the table above is consistent with the policies of the Comprehensive Plan. Surrounding Uses. The table below summarizes surrounding land uses adjacent to the subject site. The proposed twin homes and detached single family villa dwellings shown on the PUD Development Stage Plan for Phase 1 and the concept plan for Phase 2 of the property will be compatible with Kittredge Park and similar in character to the existing housing developed within Kittredge Crossings. Direction Land Use Plan Zoning Map Existing Use North Park Office PUD District Kittredge Park Undeveloped East Office PUD District Undeveloped South Albertville -- Undeveloped West Park INS District City park 2 Building Plans. The developer has submitted building elevations and floor plans for the proposed townhouse dwelling units to be constructed in Phase 1 and Phase 2: ■ Exterior Materials. The exterior of the proposed buildings consists of a stone wainscotting and LP Smartside engineered siding with a horizonal lap and board -and - batten style. The proposed building materials comply with the requirements of Section 11-174.C.2 of the Zoning Ordinance. ■ Colors. The developer has provided four color packages for the proposed buildings. City staff recommends a condition of approval be that no one color package be used for more than 38 percent of the total number of buildings in Phase 1 and that the same color package not be used for abutting buildings. ■ Building Height. The proposed buildings are to be one and two story structures. Buildings within the 11-6 District are allowed to be up to three stories or 35 feet in height. The proposed buildings comply with the height limits established by the Zoning Ordinance. ■ Floor Area. The floor area of the single family villas is 1,521 square feet including two bedrooms with opportunity for an additional bonus room. The proposed twin home dwelling units have a floor area of just more than 2,000 square feet, which includes three bedrooms, threes baths, an upstairs laundry, and front porch. The floor area of the proposed dwelling units exceed the minimum requirements of Section 11-17-6.D of the Zoning Ordinance. ■ Garage Area. Single family villa and twin home uses are required to provide a minimum two car attached garage with an area of at least 400 square feet. Each dwelling unit has an attached two car garage that is oversized for a townhouse dwelling with an area of 552 square feet and depth of 23 to 25 feet. The proposed dimensions and area of the attached garage complies with the requirements of the Zoning Ordinance. Landscaping. There is a row of shade trees along I<ittredge Parkway within the subject site that were planted at the time Kittredge Crossings was initially developed. There are also plantings that were placed surrounding the Kittredge Crossings monument sign at the intersection of Kittredge Parkway and 70th Street at the southwest corner of the subject site. All of the shade trees along Kittredge Parkway are proposed to be preserved based on the location of the proposed twin homes and 13-unit townhouse building. The developer has submitted a landscape plan for the subject site that provides for installation of new trees along 711t Street, Kalland Avenue and in the buffer yard along 70th Street. The landscape plan also includes a typical planting plan for the foundation of each building. The types and sizes of proposes plantings comply with Section 11-19-3 of the Zoning Ordinance. An in -ground irrigation system is required for all lawn and landscaped areas by Section 5-2-3.C.1 of the City Code. 3 Lot Area. Townhouse uses within the R-6 District are required to provide a minimum of 5,000 square feet of lot area per dwelling unit. The gross area of the subject site is 11.67 acres or 508,345 square feet. The gross area of the subject site is reduced by the area of the wetland and wetland buffer of 5.9 acres that will be platted within Outlot A. The net area per dwelling unit for the revised plan is 6,199 square feet per dwelling unit. The overall lot area per dwelling unit of Phases 1 and 2 complies with the minimum lot area requirements for the R-6 District. Setbacks. The table below outlines the setbacks to be applicable to the PUD Development Stage Plan for Phases 1 and 2 based on the requirements of the Kittredge Crossings PUD District and R-6 District. The proposed setbacks present a building forward design oriented towards Kittredge Parkway, 715t Street, and Kalland Avenue. All of the proposed building sites for Phases 1 and Phase 2 comply with the applicable setback requirements. 70th Kittredge 715t Private Wetland Between Street Parkway/ Street Drive Bldgs. Kalland Ave. 65ft. 5ft. 25ft. 25ft 40ft. 14ft. Access. The primary access to Kittredge Crossings is via 70th Street west of CSAH 19. The Transportation Plan designates 70th Street as a minor arterial roadway, which has capacity to carry the traffic that will be generated by the proposed development of the subject site. Within Kittredge Crossings, the subject site abuts Kittredge Parkway, 715t Street, and Kalland Avenue. Access to the dwelling units proposed upon the subject site is to be from 71st Street directly to the units along the north portion of the subject site or via private drives internal to the the subject site. Locating the driveways to the subject site on 7151 Street will minimize traffic conflicts on Kittredge Parkway and Kalland Avenue, as well as disperse traffic to/from 70th Street. The west driveway is setback 145 feet from the Kittredge Parkway and 71st Street intersection, the east driveway is setback 135 feet from the intersection of Kalland Avenue and 715t Street, and both driveways are 570 feet apart. The proposed driveway locations comply with the spacing requirements of Section 11-21-6.B of the Zoning Ordinance. Private Drive. The internal private drive is designed to be 28 feet in width with concrete curb - and -gutter. The construction specifications for the private drive are to be subject to review and approval of the City Engineer. Guest Parking. The site plan provides for parking of 2 vehicles per dwelling unit upon the driveway apron based on a minimum 25-foot setback between the garage face and back -of - curb of the private drive. As Kittredge Parkway, 715t Street, and Kalland Avenue are 46400t wide streets with two 12400t wide travel lanes, and 11400t wide shoulders on each side. City staff supports allowing on -street parking on the sides of Kittredge Parkway and Kalland Avenue abutting the subject site and both sides of 715t Street. On -street parking on these streets is to be designated no parking zones from 2:OOAM to 6:OOAM year-round. C! Sidewalks/Trails. There is a sidewalk abutting the subject site on the east side of Kittredge Parkway. On 715t Street, there is sidewalk on the north side of the street across from the subject site. The developer will be required to construct a 5 foot concrete sidewalk along the west side of Kalland Avenue with Phase 2. The Parks Master Plan designates a future 10400t wide bituminous trail along the north side of 70th Street abutting the subject site that will extend to CSAH 19. In accordance with Section 10-&5.1).3 of the Subdivision Ordinance, the developer must revise the submitted plans to provide for the construction of the trail along 70th Street within the subject site. As the City is proceeding with construction of a trail between Kalland Avenue and CSAH 19 in 2021, it is recommended the trail abutting the development be constructed with Phase 1. Grading Plan. The developer has submitted a grading, drainage, and erosion control plans along with calculations for stormwater drainage. All grading issues are subject to review and approval of the City Engineer. As a condition of final plat approval, the developer must pay a Stormwater Impact Fee for Otsego Creek based on the net area of the subject site. Utility Plan. The subject site is within the West Sewer District and sewer and water utilities are available to the property. The developer has submitted a utility plan for connection to sewer and water utilities. The developer must pay utility availability charges for the subject site at the time of final plat approval and utility connection charges at the time a building permit is issued for each dwelling unit in accordance with the City Code and fee schedule in effect at that time. All utility plans are subject to review and approval of the City Engineer. Easements. Section 10-8-12.A of the Subdivision Ordinance establishes requirements for drainage and utility easements to be dedicated to the City. A drainage and utility easement was established over all of Outlot H at the time of final plat approval that is to be vacated and replaced by easements dedicated with the current subdivision application. Lot 27, Block 1 is the base lot open space for the proposed for Phase 1 and is overlaid by drainage and utility easements. Outlot A will also be overlaid by a temporary drainage and utility easements until such time as Phase 2 is platted. All easements are subject to review and approval of the City Engineer. Homeowners Association. The developer will establish a Homeowners Association to provide for ownership and maintenance of Lot 27, Block 1, which is the common open space and private driveway for Phase 1. Documents establishing the Homeowners Association must be submitted and are to be subject to review and approval of City staff prior to recording the final plat. Outlot A. The preliminary and final plat illustrate the portion of the property outside of Phase 1 to be platted as Outlot A. Outlot A will be retained by the developer for a future phase of development. Development of Phase 2 will require approval of applications for a PUD Development Stage Plan, preliminary plat, and final plat. Park Dedication. Final platting of the subject site for development requires satisfaction of park dedication requirements established by Section IM-15 of the Subdivision Ordinance. Land for Kittredge Crossings Park was dedicated to the City with the initial Kittredge Crossings final plat satisfying 43.4 percent of the required land dedication. Park and trail dedication requirements for the subject site are to be satisfied by payment of a cash fee in lieu of land based on the number of dwelling units at 56.6 percent of the cash fee in effect at the time of final plat approvaI . RECOMMENDATION The revised plans for Villas at Kittredge Crossings are consistent with the character of development that has occurred within Kittredge Crossings and a more full -utilization of the available area within the subject site, which comply with the polices of the Comprehensive Plan and requirements of the Zoning Ordinance and Subdivision Ordinance. City staff recommends approval of the applications subject to conditions as outlined below. POSSIBLE ACTIONS A. Motion to recommend approval of a PUD Development Stage Plan, preliminary plat, and final plat for Outlot H, Kittredge Crossings, subject to the following conditions: 1. The site and buildings shall be developed in accordance with the plans on file with the City except as modified herein or approved by City staff. 2. Approval of the preliminary plat shall not guarantee access to sanitary sewer service. The City shall only allocate sanitary sewer capacity to approved final plats with signed development contracts to assure the City of timely development. 3. Development of Outlot A shall require approval of a PUD Development Stage Plan, Preliminary Plat, and Final Plat. 4. No one color package shall be used for more than 38 percent of the total number of buildings and that the same color package not be used for abutting buildings within Phase 1. 5. The PUD Development Stage Plan for Phase 1 shall be subject to the following minimum setback requirements: C� 70th Kittredge 715t Private Wetland Between Street Parkway/ Street Drive Bldgs. Kalland Ave. 65ft. 5ft. 25ft. 25ft 40ft. 14ft. 6. The construction specifications for the private drive shall be subject to review and approval of the City Engineer. 7. The following No Parking Zones shall be posted on Kittredge Parkway, 715t Street, and Kalland Avenue in accordance with Section 7-2-2.A.1 of the City Code: a. No parking between the hours of 2:OOAM an 6:OOAM each day abutting excepted as noted in "c". b. The City Engineer shall establish a minimum setback from the intersections with 70th Street. c. No parking at any time on the west side of Kittredge Parkway and east side of Kalland Avenue. 8. The submitted plans shall be revised to provide for a trail along 70th Street within the subject site to be completed with development of Phase I. 9. The submitted plans shall be revised to provide for a trail along 70th Street abutting the subject site. 10. All grading, drainage, erosion control, and wetland issues shall be subject to review and approval of the City Engineer. 11. All utility plans shall be subject to review and approval of the City Engineer. 12. All easements shall be subject to review and approval of the City Engineer. 13. The developer shall submit documents establishing a Homeowners Association, which are to be subject to review and approval by City staff. 14. Parl< and trail dedication requirements for the subject site shall be satisfied by payment of a cash fee in lieu of land based on the number of dwelling units at 56.6 percent of the cash fee in effect at the time of final plat approval. B. Motion to recommend the application be denied based on a finding that the request is inconsistent with the Comprehensive Plan and intent of the Zoning Ordinance. C. Motion to table. c. Adam Flaherty, City Administrator/Finance Director Audra Etzel, City Clerk Ron Wagner, City Engineer David Kendall, City Attorney Site Location Map Overvi ew Legend Roads CSAHCL CTYCL — MUNICL — PRIVATECL — TWPCL Highways Interstate — State Hwy — US Hwy CitylTownship Limits ❑c ❑ t ❑� Parcels To: City of Otsego 13400 90" St. NE Otsego, MN 55330 Re: Application for subdivision Villas at Kittredge Crossing My name is Steve Kroiss and I am proud to be representing the ownership group, Otsego Finest Homes LLC, as well as the builder of the proposed townhomes "The Villas of Kittredge Crossing". I have been a builder and residential developer in the Twin Cities area for 30 years with my company, Kroiss Design + Build, but this will be my first development in the City of Otsego. I am looking forward to the opportunity of not only working in the City of Otsego but with the staff of the City as well. I believe our new project, which brings 3 unique products, will enhance the diversity of homes being offered within the City while adding an affordable and attractive place to live. We have been diligently working with City staff for the last several months on the development so that it will fit not only the site but also create a stronger community through its design. We - will create this community by utilizing front facing homes onto Kittredge Parkway and 715t street with the option to front the future homes along Kalland Ave. as well. In addition, we will be adding to the existing network of city sidewalks by constructing new sidewalks along 7111 street, Kalland Ave, and the trail along 70th Ave. Another new feature we have added is a large pond in the middle of the project. The pond will offer the units within the interior of the development a visual feature and a sense of space while also helping control and treat the project's storm water runoff. This new layout will give the project a community feel and encourage even more neighbor interaction. The proposed homes will consist of the following unit types: (1) two-story slab on grade home featuring just over 2000 square feet, (2) a one level 1400 square foot two bedroom home, and (3) a similar one level home but with a bonus room upstairs offering 1900 sq. ft. Thirty-four of the buildings will be duplex units with windows on three sides of the home and 14 individual "zero lot line" homes. One of the unique design options is that each of our aforementioned products can fit on each lot. In other words, once we begin selling the units, we would have flexibility to adapt and offer the more popular selling layouts on more lots, although the first seventeen units previously approved along Kittredge parkway will remain the two-story model. We would like to construct the project in phases. Phase 1 of the project will consist of the seventeen 2-story units previously approved along Kittredge pkwy and an additional 2 duplex and 5 individual homes on east side of Kittredge lane. This first phase will allow us to construct all 3 of our models as duplexes and individual units at different price ranges. Otsego finest homes intends to mass grade the entire site but construct the roads and utilities in phases. The exteriors of the homes will feature stacked stone with a timeless lap siding, shakes and board and baton elevation. The development will have a Homeowner's Association which maintains landscaping and snowplowing. The project streets will be private but will still provide plenty of on -street parking. The new layout of the entire project shows a loop street allowing for better access by garbage trucks, buses and emergency vehicles. The Villas of Kittredge Crossing HOA will also maintain the existing development monument on the corner of 70th and Kittredge Parkway. Thank you for your consideration. Sincerely, Steve Kroiss Kroiss Design +Build Otsego Finest Homes LLC January 26, 2021 City of Otsego Dan Licht 13400 90" St. NE Otsego, MN 55330 Re: The Villas at Kittredge Crossings City Submittal Dear Mr. Licht; Frl�.ilfa!� On behalf of my client we are pleased to submit the application for City review for the Villas at Kittredge Crossings. The project consists of preliminary and final approval of 26 townhome units on the west side of the site. We are also seeking preliminary site plan approval for the entire site consisting of 82 units. The remaining lots will be platted as separate phases. We are requesting Comprehensive Plan and Zoning amendment; Planned Unit Development amendment and Preliminary and Final Plat for the project. The future Land Use Map shows this area as Medium to High density residential and this use is consistent with the future land use. The existing zoning is Planned Unit Development District, we are applying for a PUD amendment for the parcel. Site Plan The project consists of Phase 1, the 26 units on the west side of the site. The remaining 56 units will be platted as separate phases. The units along Kittredge Parkway will front the street. The city code requires parking for 0.5 stalls per unit and allows on -street parking to meet these requirements. We are required to have 41 parking stalls and we are providing 51 parking stalls throughout the site. There is an incidental wetland in the middle of the site that will be filled as a part of this project. We received the incidental determination from the LGU. The existing monument sign and evergreen trees in the southwest corner of the site will remain. Landscape Plan The City requirement of two trees per unit has been met. We moved the units along Kittredge Parkway to the east to save existing trees. Emphasis has been placed on the landscaping of the front yards. Each unit has a similar plant layout to help unify the row of units. Lawn areas will be sodded, while areas west and south of the rear garage access drive will be seeded with native seed mixes. A sodded mow strip is located along the drive to provide a neat edge. Species have been selected for aesthetic as well as durability. Utilities There are existing water and sanitary sewer pipes stubbed into the property on the west side. We are proposing to connect to one of these stubs for water and then connect to the main in 70th St. to create a looped system. The sanitary sewer pipe will connect to one of the stubs provided and run through the site. There are existing fiber optic and electric lines around the site perimeter. PLANNING I CIVIL ENGINEERING I LAND SURVEYING I LANDSCAPE ARCHITECTURE I ENVIRONMENTAL www.loucksinc.com 17200 Hemlock Lane, Suite 300, Maple Grove, MN 55369 1763.424.5505 Stormwater The soils on the site are mostly clay, therefore infiltration is not a viable stormwater treatment option. We are utilizing a NURP pond to provide treatment for the stormwater. The pond is located in the middle of the site. We are discharging water from the pond to the storm sewer stub provided on the west side of the site. This storm sewer stub discharges the water to the west under Kittredge Parkway. For more detailed stormwater treatment information, see the Hydrology report provided. We appreciate you and all the staff that have been very responsive and helpful in preparing this information for City review. We are looking forward to seeing you at the Planning Commission meeting on February 16th and the City Council meeting on February 22"d Sincerely, Loucks Vi�anD 11 PE Associate Civil Engineer Cc: Steve Kroiss —Otsego Finest Homes, LLC MIBOARD OF WATER AND SOIL RESOURCES Minnesota Wetland Conservation Act Notice of Decision Local Government Unit: City of Otsego County: Wright Applicant Name: Steve Kroiss Applicant Representative: Kyle Uhler Project Name: 71st St NE LGU Project No. (if any): OT82620 Date Complete Application Received by LGU: 8/26/2020 Date of LGU Decision: 10/22/2020 Date this Notice was Sent: 10/22/2020 WCA Decision Type -check all that apply ® Wetland Boundary/Type ❑Sequencing ❑Replacement Plan ❑Bank Plan (not credit purchase) ® No -Loss (8420.0415) ❑ Exemption (8420.0420) Part:❑A❑B ❑C❑D❑E OF ❑G ❑H Subpart: ❑2❑3❑4❑5 ❑607 ❑809 Replacement Plan Impacts (replacement plan decisions only) Total WCA Wetland Impact Area: Wetland Replacement Type Bank Account Number(s): ❑ Project Specific Credits: ❑ Bank Credits: Technical Evaluation Panel Findings and Recommendations (attach if any) M Approve ❑ Approve w/Conditions ❑ Deny ❑ No TEP Recommendation LGU Decision ❑ Approved with Conditions (specify below)1 M Approvedl ❑Denied List Conditions: Decision -Maker for this Application: M Staff ❑Governing Board/Council ❑Other: Decision is valid for: M 5 years (default) ❑Other (specify): 1 Wetland Replacement Plan approval is not valid untilBWSR confirms the withdrawal of any required wetland bank credits. For project- specificreplacement afinancial assurance per MN Rule 8420.0522, Subp. 9 and evidence that all required forms have been recorded on the title of the property on which the replacement wetland is located must be provided to the LGU for the approval to be valid. LGU Findings —Attach documents) and/or insert narrative providing the basis for the LGU decisions. M Attachment(s) (specify): Revised Boundary Map, Incidental Status Memo M Summary: Andrew Grean (SWCD), Cade Steffenson (BWSR), Kaci Fisher (LGU), Kyle Uhler (Kjolhaug), and Steve Kroiss met on site on Sept. 11th. The TEP requested that Wetland 2 be fully divided by the berm and the northeast and east boundary of Wetland 2 be adjusted. The revised boundary map is attached. Additionally, a memo requesting incidental status for all wetlands on site was submitted on Sept. 30th. Evidence points to the fact that a small wetland was previously impacted and mitigated for, and the current wetlands are a result of grading. The TEP corresponded via email and agreed with the incidental status. The LGU approves the revised wetland boundaries and the incidental status for all wetlands. 1 Findings must consider any TEP recommendations. BWSR NOD Form —November 12, 2019 1 11 Ft�rhnrl Drniart rinrnmantc ® Site Location Map ElProject Plan(s)/Descriptions/Reports (specify). Appeals of LGU Decisions If you wish to appeal this decision, you must provide a written request within 30 calendar days of the date you received the notice. All appeals must be submitted to the Board of Water and Soil Resources Executive Director along with a check payable to BWSR for $500 unless the LGU has adopted a local appeal process as identified below. The check must be sent by mail and the written request to appeal can be submitted by mail or e-mail. The appeal should include a copy of this notice, name and contact information of appellant(s) and their representatives (if applicable), a statement clarifying the intent to appeal and supporting information as to why the decision is in error. Send to: Appeals &Regulatory Compliance Coordinator Minnesota Board of Water & Soils Resources 520 Lafayette Road North St. Paul, MN 55155 travis eermundson@state.mn.us Does the LGU have a local appeal process applicable to this decision? ❑ Yes' ® No If yes, all appeals must first be considered via the local appeals process. i nral Anneals Submittal Reauirements (LGU must describe how to appeal, submittal requirements, fees, etc, as applicable) Notice Distribution (include name) t. ...J n .,11 nntiroc• © SWCD TEP Member: Andrew Grean ®BWSR TEP Member: Cade Steffenson ® LGU TEP Member (if different than LGU contact): Kaci Fisher ❑ ❑ DNR Representative: James Bedell Watershed District or Watershed Mgmt, Org.: 0 Applicant: ® Agent/Consultant: al or As ® Corps of Engineers: Eric White ❑ BWSR Wetland Mitigation Coordinator (required for bank plan applications onl ): ❑ Members of the Public (notice only): ❑ Other: This notice and ac summary of the a to members of the public upon request per 8420.0255, Subp. 3. 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Wagner, P.E. Brent M. Larson, P.E. Date: February 12, 2021 Proposed Development: Villas at Kittredge Crossings Development SW'/ of the SE'/a of Section 26, T121, R24. Generally North 70`h Location: Street, East of Kittredge Parkway and West of Kalland Avenue Applicant: Steve Kroiss, Otsego Finest Homes LLC Developer : Otsego Finest Homes, LLC 80 South 8°i Street, Suite 1850 Minneapolis, MN 55402 Owners of Record: Otsego Land LLC 80 South 8`h Street, Suite 1850 Minneapolis, MN 55402 Purpose: The Villas at Kittredge Crossings is a proposed 82-unit single family residential development on +11.67 acres in the City of Otsego, Wright County, Minnesota. The I" Addition will consist of 26 twin and detached homes. 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, Mimnesota Pollution Control Agency, Wright Soil and Water Conservation District. Permits Required: NPDES, Minnesota Department of Health (water), Minnesota Pollution (but not limited to) Control Agency (sanitary sewer), and Wr4ght County TABLE OF CONTENTS INFORMATION AVAILABLE PRELIMINARY PLAT FINAL PLAT CONSTRUCTION AND GRADING PLANS COVER SHEET EXISTING CONDITIONS DEMOLITION PLAN SITE PLAN GRADING PLAN SWPPP UTILITY PLAN AND PROFILE STREET AND STORM PLAN AND PROFILE DETAILS LANDSCAPING STORMWATER MANAGEMENT WETLANDS OTHER CONSIDERATIONS SUMMARY AND/OR RECOMMENDATION PAGE 2 S:\MunicipalV\otsego23xx\2330.13 Villas at Kittredge Crossings\A-REVIEW PHASE\OT2330.13 RVW2(revised).docx INFORMATION AVAILABLE Final Plat for Villas at Kittredge Crossings, received 1/26/20215 by Loucks Construction and Grading Plans for Villas at Kittredge Crossings, dated 1/26/2021, by Loucks Storm Water Management Report for Villas a Kittredge Crossings, dated 1/26/2021, by Loucks Preliminary Plat for Villas at Kittredge Crossings, dated 1/26/20213 by Loucks ALTA/NSPS Land Title Survey, dated 8/26/2020, Uy Loucks Geoteclrnical Report for Hunter Hills, dated 9/4/2019, by Haugo Geotechnical Services. Wetland Delineation Report for 71St Street, dated 8/23/2018, by Kjolhaug Environmental Services Company, Inc. Wetland Delineation Notice of Application, dated 8/27/2020 Environmental Assessment Worksheet dated 5/18/2020 Original Kittred;e Crossings Information Construction Plans for Kittredge Crossings (Phase I), dated 3/1/2004, by MFRA Grading Plans for Kittredge Crossings, dated 3/9/2005, by MFRA Construction Plans for Kittredge Crossings (Phase II), dated 4/13/2005, by MFRA 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\2330.13 Villas at Kittredge Crossings\A-REVIEW PHASE\OT2330.13 RVW2(revised).docx PRELIMINARY PLAT 1. The Preliminary Plat is being submitted concurrently with the Final Plat submittal. The required existing conditions, grading, and proposed utilities are not shown in the preliminary plat but are shown in the final plat and will be commented on in those following sections. 2. The following information is required to be shown in the Preliminary Plat. a. Existing zoning classifications for land in and abutting the subdivision shall be shown on the plan. (21-6-2.B.2.) b. Existing NWL and HWL 100-year flood elevations within 150' of the plat (for existing storm basins and wetlands) shall be shown on the plan. (21-6-2.B.9.) c. Boundary lines of adjoining runsubdivided or subdivided land, identified by name and ownership within 150'. 3. It has been determined that the large wetland in the middle of the lot was created by the previous Kittredge Crossings grading of the area. The previous development also include the purchase of wetland credits for impacting the existing wetlands on this lot. Therefore there are no wetland impacts proposed that need to be replaced or mitigated for. This is the reason for the very different layout of the entire lot fiom the August 2020 preliminary plat submittal. FINAL PLAT 4. It appears that there is a drainage and utility easement over all of the existing Kittredge Crossings Outlot H that shall need to be vacated. 5. See comment #4. CONSTRUCTION AND GRADING PLANS COVER SHEET 6. Provide a benchmarlc(s) and datum (should be NGVD 1929) on the cover sheet. 7. Plans shall be signed by a registered engineer. EXISTING CONDITIONS 8. Existing NWL and HWL 100-year flood elevations (for existing storm basins and wetlands) shall be shown on the plan. (21-6-2.B.9.) 9. Size, and type of existing sanitary sewers, watermain, storm sewer, and other underground facilities within 150' shall be provided. PAGE 4 5:\MunicipalV\otsego23xx\2330.13 Villas at Kittredge CrossingsV�-REVIEW PHASE\OT2330.13 RVW2(revised).docx 10. Show location, names, widths of existing streets, sidewalk, buildings, etc within 150. The wetland receiving the storm water discharge from this site on the west side of Kittredge Parkway and the park parking lot and driveways on the north side of 71" Street shall be shown as well. DEMOLITION PLAN 11. The trees along Kittredge Parkway boulevard shall be saved to the extent possible. This appears to be accomplished with the revised site layout. 12. The curb and gutter along 71S` Street at the east future entrance/driveway shouldn't be removed until the next phase of construction when that driveway is to be constructed. 13. The watermain connection to Kittredge Parkway (between lots 8 and 9) will not be necessary. Plug the end of the stub after the excess pipe is removed. 14. The connection to STMH #306 will likely required removal and replacement of the existing sidewalk. The plans shall indicate this. SITE PLAN 15. Provide a clear ls` Addition boundary line on all sheets. The plans include all the improvements for the future phases as well. Clearly mark the end of the proposed current construction. We recommend all future site improvements shall be in a background color to aid in identifying the limits of construction. 16. List/Label setback line distances in the plans. The setbacks between the houses appear to be only 12.33' (labeled on the preliminary plat and agrees with scaled dimension on final plans) which is less than the 14' required. 17. 70 '/2 Street NE shall be named 71 fl' Lane NE. 10' wide bituminous trail shall be constructed with the initial phase of the development. The trail is shown in the overall plan but no detail or information is provided for it in the plans. A profile of the trail shall be included in the plans. 19. Label the NWL and HWL elevation for the wetland on the west side of Kittredge Parkway (receives the storm water discharge of the new proposed pond). 20. Confirm the existing street grade along both entrances at 71" Street. A concrete valley gutter will be required across the new private drive entrances if this less than 1%. 21. We would recommend using a minimum 15' radii at the private drive entrance at 71S` Street (currently 10' radii are called out). 22. Notes 13 & 14 on sheet C2-2 can be removed. The City of Otsego do not license contractors and no right -of --way permit is needed from the City of Otsego just approval of these plans and a fully executed development agreement. PAGE 5 S:\Municipal\Aotsego23xx\2330.13 Villas at Kittredge Crossings\A-REVIEW PHASE\OT2330.13 RVW2(revised).docx 23. The distance between lots where water, sanitary, and storm sewer are located is only 14 foot. A minimum, 20 foot wide easements centered on the pipe are required. Steel casings for each of these pipes are being provided instead of the required seperation which is acceptable but the sanitary sewer manhole #1 is very close to a building corner will be very difficult to maintain in the future once these homes are constructed (less than 10' separation from building for a 17' deep manhole). The manhole and/or houses shall be moved to provide a minimum of 1:1 17') separation from the building pads. GRADING PLAN 24. List/Label setback line distances in the plans. 25. The central storm pond shall be reshaped to be less square and to provide a more natural look. 26. The entire private drive has cross -slope towards the east. Provide arrows showing this cross - slope direction. 715t Street slopes to the west. A transition is going to be needed to match the existing 7 1 " Street at the new entrance. Provide additional detail (spot elevations, grade arrows with %) showing how this transition is to be made. 27. The emergency overflows (EOFs) for the street low points shall be labeled. All garages shall be a minimum of 1.5' above this overflow elevation. 28. The EOF elevations for the pond/basin have overlapping text next to Lot 26 and cannot be read. All houses adjacent to this pond shall have lowest openings a minimum 1.5 above this EOF elevation. 29. The grading between the rear• of lots adjacent to Kittredge Parkway appears to require retaining walls (exceeds 4:1 slopes). Review and confirm and note that retaining walls will be required. 30. A 10' wide bituminous hail shall be constructed with the initial phase of the development. This will require grading along the north side of 70th Street. UTILITY PLAN 31. See comments 415 and #24. 32. The irrigation service shall be shown in the plans. 33. Hydrant coverage is insufficient. A maximum spacing of 300' (150' radius) is required. 34. A wet -tap into the existing 10" watermain in 71St Street will not be allowed. This connection shall be made by cuttin in a 10"x8" tee. 35. The castings for structures 203 and 205 should be drive over castings, Neenah R-3501 PAGE 6 S:\Municipal\Aotsego23xx\2330.13 Villas at Kittredge CrossingslA-REVIEW PHASE\OT2330.13 RWV2(revised).docx 36. Label the anticipated (planned) stub inverts at the connections in the profiles. 37. Please label the size of the steel casing/sleeve between the buildings in the profiles. 38. Additional valves are required at all the tees and at the connection points to the existing waterman along 71St Street. See attached redline for valve locations. 39. Provide sanitary service wye stationing on the plans. A couple of services appear to be directly into manholes which will not be allowed. 40. The insulation between the storm sewer and watermain shall be a minimum of 4" thick. 41. Provide a%typical distance from the back of curb for each of the water service curb stops. All shall be the same along the private streets and those along 71St Street shall also be the same. STREET AND STORM PLAN 42. Provide horizontal curve information for the private drives. These are private streets, though we still recommend that all street meet 30 mph design speeds. Some vertical curves do not meet this requirement. 43. Provide stationing in the plan view for the " 20' access roads" at the south ends of Kittredge Lane and Kalland Lane. Provide a street grade in the profile for both of these access streets. 44. Provide drainage/cross slope arrows on the streets in the plan views. Provide additional drainage arrows and spot elevations along each intersection radii. At the intersections to 71St Street the pedestrian ramps will require details showing elevations/slopes meeting ADA requirements. 45. The north end of profile of Kalland Avenue has a break in the profile (,7%) without a vertical curve. This is not allowed. 46. Draintile will be needed within tine private drive to drain the street section. Show the drahitue locations in the plans. 47. The intersection curb radii shall be labeled. We recommend using a minimum 15' radii. 48. The central ponds NWL, 2-yr, 10-yr, and 100-yr HWL elevation labels shall be provided in the storm sewer sheets. 49. The sumps in the storm sewer manholes are not required by the City and the pond will be wet pond so no pretreatment is required. The srunips are on a private storm sewer line so will need to be regularly cleaned and maintained by the home owner's association. We recommend removing these sumps from the manholes to eliminate the need for the association to clean them. DETAILS PAGE 7 S:\MunicipalWotsego23xx\2330.13 Villas at Kittredge Crossings\A-REVIEW PHASE\OT2330.13 RVW2(revised).docx 50. Provide a drain tile detail (recommend Otsego Standard Plate 412) SURFACE WATER MANAGEMENT 51. Provide justification as to why infiltration is not an option for the site. Also note all volume reducing methods being used, if any. 52. If infiltration is not applicable because of D type soils the hydrology model shall use D types soils in the calculations. 53. It is unclear why the NW pond is modeled with a starting elevation of 959.80. 54. Provide street spread calculations for the private drive. With no intermediate catch basins all the water flows the far north or south. Verify that there will be a minimum of 1.12' drive lane open during a 10-yr storm. WETLANDS 55. No comments. OTHER CONSIDERATIONS 56. The draft soil borings are included in the stormwater management plan but a full Geotechnical report shall be submitted. SUMMARY AND/OR RECOMMENDATION We recommend approval contingent upon the above items being addressed. PAGE 8 S:\Municipal\Aotsego23xx\2330.13 Villas at Kittredge CrossingsW-REVIEW PHASE\OT2330.13 RVW2(revised).docx 0 OtCIe F o MINNESOTA APPLICANT: Otsego Finest Homes, LLC 15 Mar 21 FINDINGS at DECISION PUD Development Stage Plan Preliminary Plat/Final Plat APPLICATION: Request for approval of a PUD Development Stage Plan, preliminary plat, and final plat for the Villas at Kittredge Crossings. CITY COUNCIL MEETING: 22 March 2021 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 H, Kittredge Crossings, City of Otsego, County of Wright, State of Minnesota. B. The property lies within the West 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 PUD Planned Unit Development District in accordance with the City Council approval on 12 May 2003 and as amended on 28 September 2020. D. The applicant is proposing development of the property with 82 dwelling units subject to the allowed uses and performance standards of the R-6, Residential Medium Density District, and as may be modified by approval of a PUD Development Stage Plan. E. The Planning Commission and City Council must take into consideration the possible effects of the request with their judgment based upon (but not limited to) the criteria outlined in Section 11-3-2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Finding: The Future Land Use Plan guides the subject site for low -to -medium density residential uses. The proposed development of the subject site is consistent with the policies of the Comprehensive Plan to recognize the need to develop of a variety of twin homes, townhouses, and multiple family dwellings to supplement conventional single family homes giving due consideration to local market demands and desired community character. 2. The proposed use's compatibility with present and future land uses of the area. Finding: The dwelling units buildings proposed by the PUD Development Stage Plan for Phase 1 and the concept plan for Phase 2 of the property will be compatible with Kittredge Park and similar in character to the existing housing developed within Kittredge Crossings. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. 1 Finding: The development of the subject site will comply with provisions of the Zoning Ordinance and Subdivision Ordinance and any modifications approved as part of the PUD Development Stage Plan will be consistent with the intent of the City's development regulations. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The subject site is accessed via 70`h Street, which is designated as a Minor Arterial roadway by the Transportation Plan. The existing capacity of 70`h Street is adequate to accommodate traffic generated by development of the subject site as proposed. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding: The subject site is within the West Sewer District where the City has planned for development of urban density land uses served by sewer and water utilities and other City services. The proposed use will not overburden the City's existing service capacity. F. The planning report dated 10 February 2021 prepared by the City Planner, The Planning Company LLC, is incorporated herein. G. The engineering review dated February 12, 2021 prepared by the City Engineer, Hakanson Anderson, Inc., is incorporated herein. H. The Otsego Planning Commission conducted a public hearing at their regular meeting on 16 February 2021 to consider the application, preceded by published and mailed notice; based upon review of the application and evidence received, the public hearing was closed and the Planning Commission recommended by a 7-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED, subject to the following conditions: 1. Approval of the preliminary plat shall not guarantee access to sanitary sewer service. The City shall only allocate sanitary sewer capacity to approved final plats with signed development contracts to assure the City of timely development. 2. The site and buildings shall be developed in accordance with the plans on file with the City except as modified herein or approved by City staff. 3. Approval of the preliminary plat shall not guarantee access to sanitary sewer service. The City shall only allocate sanitary sewer capacity to approved final plats with signed development contracts to assure the City of timely development. 4. Development of Outlot A shall require approval of a PUD Development Stage Plan, Preliminary Plat, and Final Plat. 5. No one color package shall be used for more than 38 percent of the total number of buildings and that the same color package not be used for abutting buildings within Phase 1. 2 6. The PUD Development Stage Plan for Phase 1 shall be subject to the following minimum setback requirements: 70`AKittredge 715C Garage Door Wetland Between Street Street to Private Bldgs. Drive 65 25ft. 25ft 40ft. 14ft. 7. The construction specifications for the private drive shall be subject to review and approval of the City Engineer. 8. The following No Parking Zones shall be posted on Kittredge Parkway, 715Y Street, and Kalland Avenue in accordance with Section 7-2-2.A.1 of the City Code: a. No parking between the hours of 2:OOAM an 6:OOAM each day abutting excepted as noted in „c„ b. The City Engineer shall establish a minimum setback from the intersections with 70`h Street. c. No parking at any time on the west side of Kittredge Parkway and east side of Kalland Avenue. 9. The submitted plans shall be revised to provide for a trail along 70`h Street to be completed with development of Phase 1. 10. All grading, drainage, erosion control, and wetland issues shall be subject to review and approval of the City Engineer. 11. All utility plans shall be subject to review and approval of the City Engineer. 12. All easements shall be subject to review and approval of the City Engineer. 13. The developer shall submit documents establishing a Homeowners Association, which are to be subject to review and approval by City staff. 14. Park and trail dedication requirements for the subject site shall be satisfied by payment of a cash fee in lieu of land based on the number of dwelling units at 56.6 percent of the cash fee in effect at the time of final plat approval. 3 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, 2021a CITY OF OTSEGO By: Jessica L. Stockamp, Mayor Attest: By: Audra Etzel, City Clerk CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2021-27 APPROVING A DEVELOPMENT CONTRACT FOR VILLAS AT KITTREDGE CROSSINGS WHEREAS, Otsego Finest Homes, LLC (the "developer") is proposing development of Villas at Kittredge Crossings; 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 Otsego Finest Homes, LLC is hereby approved in form subject to modification of fees, charges, and securities as approved by City staff. 2. The Mayor and City Clerl< 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 (resewed for reca•ding information) DEVELOPMENT CONTRACT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Developer Installed Improvements) VILLAS AT KITTRED GE CR OSSINGS-PHASE I CONTRACT dated 2021, by and between the CITY OF OTSEGO, a Minnesota municipal corporation ("City"), and OTSEGO'S FINEST HOMES, LLC, a Minnesota limited liability company (the "Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for VILLAS AT KITTREDGE CROSSINGS (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 H, Kittredge Crossings, 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, 1 214180v1 Villas At Kittredge Crossings —Phase 1 streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this contract has been fully executed by both parties and filed with the City Clerk, 2) the 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 2 214180v1 Villas At Kittredge Crossings —Phase 1 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: 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 3 214180v1 Villas At Kittredge Crossings —Phase 1 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 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 "as - constructed" plans and an electronic file of the "as -constructed" plans in an AutoCAD .DWG file or a .DXF file, all prepared in accordance with City standards. In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot corners must be completed before the applicable security is released. The Developer's surveyor shall also submit a written notice to the City certifying that the monuments have been installed following site grading, utility and street construction. 9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 10. PERMITS, The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include: A. Wright County for County Road Access and Work in County Rights -of -Way B. MnDot for State Highway Access C. MnDot for Work in Right -of -Way D. Minnesota Department of Health for Watermains 214180v1 Villas At Kittredge Crossings —Phase 1 E. MPCA NPDES Permit for Construction Activity F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal G. DNR for Dewatering H. City of Otsego for Building Permits, 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 streets) 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, 5 214180v1 Villas At Kittredge Crossings —Phase 1 the Developer shall guarantee to the City for a period of two (2) years the streets have been constructed to City standards. The warranty period shall not commence until such time as street construction is completed and the streets 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 controI 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 6 214180v1 Villas At Kittredge Crossings —Phase 1 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 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 swalesI wetlands, wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed "conservation area" posts; and c) lot corner elevations and house pads, and all other items listed in City Code. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report, including referenced development phases and lot descriptions, shall be submitted to the Building Official for review prior to the issuance of building permits. Before a building permit is issued, a cash escrow shall be furnished to the City in accordance with the City's current fee schedule to guarantee compliance with the erosion control and grading requirements and the submittal of an as -built certificate of survey. Prior to the release of the required individual lot grading and erosion control security that is submitted with the building permit, an as -built certificate of survey for single family lots must be submitted to verify that the final as -built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development, and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. If the final grading, erosion control and as -built survey is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as -built survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. A certified as -built building pad survey must be submitted and approved for commercial, industrial or institutional developments prior to issuance of a building permit. 7 214180v1 Villas At Kittredge Crossings —Phase 1 17. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 18. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the improvements lying within public easements shall become City property without further notice or action. 19. LATERAL STORM SEWER. The Developer shall post a security for lateral storm sewer in the amount of $159,995.00 which is due upon final plat approval. The Developer shall pay a cash fee in the amount of $42,583.83 for the Trunk Storm Water Management Impact Fee due upon final plat approval which is calculated as follows: 11.67 Net Acres X $3,649.00/Net Acre = $42,583.83 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 $206,434.50 for Lateral and Trunk Sanitary Sewer which is due upon final plat approval. The Developer shall pay a cash fee in the amount of $68,666.00 for the Sewer Availability Charge at the time of plat approval which is calculated as follows: 26 REC X $2,641/REC = $68,666.00 21. LATERAL AND TRUNK WATERMAIN. The Developer shall post a security in the amount of $243,830.00 for the installation of lateral and trunk watermain and connection. The Developer shall pay a cash fee in the amount of $151,208.00 for the Water Availability Charge ("WAC") at the time of plat approval which is calculated as follows: 27 REC X $11844.00/ REC = $49,788.00 691 214180v1 Villas At Kittredge Crossings —Phase 1 22. SEWER CONNECTION CHARGE AND WATER CONNECTION CHARGE. The Developer shall pay to the City required water and sewer connection charges. The water and sewer connection charges shall be collected per Section 8-1-6-C of City Code for all uses and must be paid prior to the issuance of a building permit based on the fee schedule in effect at the time of application for the building permit. 23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and public street construction is restricted to access the subdivision as approved by the City Engineer. 24. ACCESS. Access to the dwelling units within the subject site is to be from 71St Street directly to the units along the north portion of the subject site or via private drives internal to the subject site. The Developer shall install private drives designed to be 28 feet in width with concrete curb -and - gutter to provide access to the dwelling units internal to the subject site. The construction specifications for the private drive are subject to review and approval of the City Engineer. The private drives shall be owned and maintained by a Homeowners Association. 25. PARK AND TRAIL DEDICATION. The Developer shall pay a cash contribution of $236,160.00 in satisfaction of the City's park dedication requirements. The charge is calculated as follows: 82 lots at (to ,880.00 per lot. The Developer shall install a 10 foot wide bituminous trail along the north side of 70th Street abutting the subject site which shall extend to CSAH 19 with Phase 1 of the development. The Developer shall post a security in the amount of $35,700.00 at the time of final plat approval to ensure that the trail is installed in accordance with the approved plan. 26. TRAFFIC CONTROL SIGNS. The Developer shall pay to the City $2,500.00 for installation of traffic control signs. The fee is calculated as follows: ten (10) signs at $250.00 per sign. 27. 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 9 214180v1 Villas At Kittredge Crossings —Phase 1 to the City a cash fee in the amount of $1,000.00. The fee is calculated as follows: two (2) street lights at $500.00 per street light. 28. 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 Cl public hazard due to insect infestation or weak bark. The minimum deciduous tree size shall be two and one-half (2'/z) 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 $142,390.00 landscaping security at the time of final plat approval to ensure that the landscaping is installed in accordance with the approved plan. 10 214180v1 Villas At Kittredge Crossings —Phase 1 29. 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. The Developer shall establish a Homeowners Association to provide for ownership and maintenance of Lot 27, Block 1 for the common open space and private driveway for Phase 1 of the development. Documents establishing the Homeowners Association must be submitted and are subject to review and approval of the City Attorney prior to recording of the final plat. C. On street parking on the sides of Kittredge Parkway and Kalland Avenue abutting the subject site and along both sides of 71St Street shall be designated as no parking zones from 2:00 AM to 6:00 AM year-round. D. Parking shall be prohibited at any time on the west side of Kittredge Parkway and the east side of Kalland Avenue. E. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of the proposed property to be platted with all property corner monumentation in place and marked with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the survey. The Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. F. 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 $1,167.00. G. 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. 11 214180v1 Villas At Kittredge Crossings —Phase 1 Son 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. 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 12 214180v1 Villas At Kittredge Crossings —Phase 1 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. 31. 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 of the required term. If the required public improvements are not completed at least thirty (30) days prior to tInn 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. 13 214180v1 Villas At Kittredge Crossings —Phase 1 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. 32. 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. Street Patches and Trail 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 (6.5%) C. Landscaping OTHER COSTS SUB -TOTAL TOTAL — SUBTOTAL TOTAL IRREVOCABLE LETTER OF CREDIT FOR SECURITY (125% OF SUBTOTAL) ESCROW A. City Legal Expenses (Est. 1.0% of $645,959.50) $206,434.50. 2431830,00 159,995.00 35,700.00 $645,959.50 $35,010.00 41,987.37 142, 390.00 $219,387.37 $8655346.87 $1,0815683.58 $6,459.60 B. City Construction Observation (Est. 8.0% of $645,959.50) 51,676.76 C. GIS Data Entry Fee $1,167.00 ESCROW TOTAL DEVELOPMENT WARRANTY LETTER OF CREDIT A. Sanitary Sewer B. Watermain C. Storm Sewer D. Erosion & Sedimentation Control $59,303.36 $30,965.18 36,574.50 23,999.25 20,500.00 214180v1 14 Villas At Kittredge Crossings —Phase 1 TOTAL WARRANTY LETTER OF CREDIT $112,038.93 This breakdown is not a restriction on the use of the security. 33. 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) B. Trunk Water (WAC) C. Trunk Storm Water Management Impact Fee D. Park And Trail Dedication E. Traffic Control Signs F. Street Light Operating Fee TOTAL CASH REQUIREMENTS $68,666.00 49, 788.00 421583083 $2361160600 2,500.00 1,000.00 $400,697.83 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 15 214180v1 Villas At Kittredge Crossings —Phase 1 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 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. addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 36. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an 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. 16 214180v1 Villas At Kittredge Crossings —Phase 1 3to 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. 17 214180v1 Villas At Kittredge Crossings —Phase 1 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 responses 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: 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 214180v1 Villas At Kittredge Crossings —Phase 1 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" 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 cope of the endorsement must be submitted with the certificate of insurance. Developer's and general contractor's policies and Certificate of Insurances 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 19 214180v1 Villas At Kittredge Crossings —Phase 1 out of Developer's negligence or its performance or failure to perform its obligations under this Contract. Developer's indemnification obligation shall apply to Developer's general contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer, or anyone for whose acts Developer may be liable. Developer agrees this indemnity obligation shall survive the completion or termination of this Contract. K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. L. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it, until the City's issuance of a Certificate of Completion and Release. M. Retaining walls over four feet in height shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the Building Official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans 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 20 214180v1 Villas At Kittredge Crossings —Phase 1 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: 80 South 8th Street, Suite 1850, Minneapolis, MN 55402. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Otsego City Hall, 13400 90th Street NE, Otsego, Minnesota 55330. (The remainder of this page has been intentionally left blank. Signature pages follow.] 21 214180v1 Villas At Kittredge Crossings —Phase 1 CITY OF OTSEGO BY: (SEAL) AND STATE OF MINNESOTA ) )ss. COUNTY OF WRIGHT ) Jessica L. Stockamp, Mayor Tami Loff, City Clerk The foregoing instrument was acknowledged before me this day of , 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 22 214180v1 Villas At Kittredge Crossings —Phase 1 DEVELOPER: OTSEGO'S FINEST HOMES, LLC BY: STATE OF MINNESOTA ) )ss. COUNTY OF ) Its The foregoing instrument was acknowledged before me this day of 2021, by the Otsego's Finest Homes, LLC, a Minnesota limited liability company, on behalf of said entity. DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: 651452-5000 DSK/smt NOTARY PUBLIC 23 214180v1 Villas At Kittredge Crossings —Phase 1 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT OTSEGO LAND 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 day of STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing by Joshua D. Krsnak, behalf of said entity. 2021. OTSEGO LAND LLC By: Joshua D. Krsnak Its: Chief Manager instrument was acknowledged before me this day of , 2021, the Chief Manager of Otsego Land LLC, a Minnesota limited liability company, on 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 214180v1 Villas At Kittredge Crossings —Phase 1 MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT BRIDGEWATER BANK, organized and existing under the laws of the State of Minnesota, which holds a Commercial Real Estate Mortgage, dated March 24, 2015, recorded May 8, 2015, as Document No. A1287210 between Otsego Land LLC, a Minnesota limited liability company, and Bridgewater Bank, organized and existing under the laws of the State of Minnesota, in the original principal amount of $110,000.00, 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. BRIDGEWATER BANK By: STATE OF MINNESOTA COUNTY OF Its [print name] [title] The foregoing instrument was acknowledged before me this day of , 2021, by the of Bridgewater Bank, organized and existing under the laws of the State of Minnesota, on behalf of said entity. DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 351452-5000 DSK/smt NOTARY PUBLIC 25 214180v1 Villas At Kittredge Crossings —Phase 1 [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 26 214180v1 Villas At Kittredge Crossings —Phase 1 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2021-28 ESTABLISHING PARKING ZONES RELATED TO STREETS ABUTTING THE VILLAS AT KITTREDGE CROSSINGS WHEREAS, the Villas of Kittredge Crossings development abuts Kittredge Parkway, 715Y Street, and Kalland Avenue; and, WHEREAS, the 2012 Comprehensive Plan designates Kittredge Parkway and Kalland Avenue as minor collector streets and 715t Street a local street; and, WHEREAS, on -street parking of vehicles on these streets may cause congestion and reduce access by emergency vehicles, which is a risk to public health safety and welfare; and, WHEREAS, Section 7-2-2.A.1 of the City Code authorizes the City Council to designate parking zones by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA THAT: The following parking zones shall be designated and posted as determined by the City Engineer: 1. Kittredge Parkway between 70th Street and 71St Street: a. East side: No parking between the hours of 2:OOAM an 6:OOAM each day. b. West side: No Parking at Any Time. 2. Kalland Avenue between 70th Street and 715T Street: a. West side: No parking between the hours of 2:OOAM an 6:OOAM each day. b. East side: No Parking at Any Time. 3. No parking zones on the east side of Kittredge Parkway and west side of Kalland Avenue setback from the intersection with 70th Street as determined by the City Engineer 4. On 715T Street between Kittredge Parkway and Kalland Avenue, no parking between the hours of 2:OOAM an 6:OOAM each day. 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