Item 3.9 - Pleasant Creek Farms 7thOtSeoF o
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR: MEETING DATE:
Planning
City Planner Licht 10 May 2021
PRESENTER(s)
REVIEWED BY: ITEM #:
Consent
City Administrator/Finance Director Flaherty 3.9 — Pleasant Creek Farms 7th
City Engineer Wagner
City Attorney Kendall
STRATEGIC VISION
MEETS:
THE CITY OF OTSEGO:
Addition
Is a strong organization that is committed to leading the community through innovative
communication.
IS A PUBLIC HEARING REQUIRED?
Has proactively expanded infrastructure to responsibly provide core services.
No
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.
23 February 2005 for development of 209 townhouse units of which 131 were constructed and 78 not
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of a final plat and development contract for Pleasant Creek Farms 7th
Addition
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes
No
BACKGROUND/JUSTIFICATION:
A preliminary plat and PUD -CUP was approved on 25 November 2019 to subdivide 19.2 acres located north
of 77th Street and east of CSAH 19 into 47 single family lots. The subject site was previously final platted on
23 February 2005 for development of 209 townhouse units of which 131 were constructed and 78 not
constructed. Tamarack Land — Pleasant Creek, LLC has submitted application to final plat 30 single family
lots as the 7th and final addition to Pleasant Creek Farms.
Comprehensive Plan. The Comprehensive Plan guides the subject site for medium to high density
residential land uses. The proposed single family lots provide a transition between existing single family
homes to the east and existing/future townhomes to the north and west of the subject site. Single family
dwellings are an acceptable land use within this land use category.
Zoning. The subject site is zoned, R-6 Medium Density Residential District, which allows single family
dwellings as a permitted use.
Preliminary Plat Consistency. The design of the final plat is consistent with the preliminary plat as
approved by the City Council on 25 November 2019.
Streets. The final plat includes construction of the remaining section of Lachman Avenue, 78th Street, and
Lambert Avenue north of 77th Street. These are public streets within a 60 foot right-of-way and with a 28
foot wide section with curb and a five foot wide concrete sidewalk on one side, as required by the
Subdivision Ordinance and Engineering Manual. A sign will be installed identifying possible future
extension of 78th Street to the west. All street construction plans are subject to review and approval of the
City Engineer.
Lot Requirements. Under the PUD -CUP approved with the preliminary plat, single family lots within
Pleasant Creek Farms 7th Addition are to be subject to the minimum requirements shown in the table
below. All of the proposed lots illustrated on the final plat comply with these requirements.
Landscaping. The preliminary plat/PUD-CUP approval for Pleasant Creek Farms 7th Addition included a
landscape plan to provide for boulevard landscaping along the public streets, as well as buffer yard
plantings for the properties to the north and west as required by Section 11-19-2.13 of the Zoning
Ordinance. The development contract includes a security for the installation and warranty for these
plantings for the first phase of development.
Park and Trail Dedication. The Parks System Master Plan does not designate any area within the
preliminary plat for additional park land acquisition. Park and trail dedication requirements for the final
plat established by Section 10-8-15 of the Subdivision Ordinance will be satisfied by payment of a cash fee
in lieu of land. Park and trail dedication fees were paid for 78 townhouse dwellings as part of the final plat
of Pleasant Creek Farms 4th Addition being replatted with the current application. The amount of the park
and trail dedication fees paid for the townhouse dwelling units satisfies the requirements for the proposed
single family lots.
Utilities. The developer has submitted utility plans for the proposed final plat. All utility plans are subject
to review and approval by the City Engineer. Availability charges for sewer and water utilities were paid
for the 78 townhouse dwelling units within Pleasant Creek Farms 4th Addition being replatted with the
current application. The amount of the sewer and water availability charges with Pleasant Creek Farms 4tn
Addition satisfies the requirements for the proposed final plat. A sewer and water connection charge will
be paid at the time a building permit is issued for each lot in accordance with the current fee schedule in
effect.
Grading and Drainage Plans. The developer has submitted grading and drainage plans for the proposed
final plat. Outlots A and B are to be deeded to the City for stormwater management purposes. All grading
and drainage plans are subject to review and approval by the City Engineer. The developer is required to
pay a Stormwater Impact Charge for Otsego Creek at the time of final plat approval for the portion of the
subject site not included with in the final plat of Pleasant Creek Farms 4th Addition.
Easements. The final plat illustrates drainage and utility easements at the perimeter of each single family
lot as required by Section 10-8-12.A of the Subdivision Ordinance. All proposed drainage and utility
easements on the final plat are subject to approval of the City Engineer.
Lot
Area
Lot
Width
Lot
Depth
Setbacks
Front
Side
Rear
Wetland
Interior
9,OOOsf.
(net)
60ft.
100ft.
30ft.
7ft.
20ft.
40ft.
Corner
90ft.
25ft.
Landscaping. The preliminary plat/PUD-CUP approval for Pleasant Creek Farms 7th Addition included a
landscape plan to provide for boulevard landscaping along the public streets, as well as buffer yard
plantings for the properties to the north and west as required by Section 11-19-2.13 of the Zoning
Ordinance. The development contract includes a security for the installation and warranty for these
plantings for the first phase of development.
Park and Trail Dedication. The Parks System Master Plan does not designate any area within the
preliminary plat for additional park land acquisition. Park and trail dedication requirements for the final
plat established by Section 10-8-15 of the Subdivision Ordinance will be satisfied by payment of a cash fee
in lieu of land. Park and trail dedication fees were paid for 78 townhouse dwellings as part of the final plat
of Pleasant Creek Farms 4th Addition being replatted with the current application. The amount of the park
and trail dedication fees paid for the townhouse dwelling units satisfies the requirements for the proposed
single family lots.
Utilities. The developer has submitted utility plans for the proposed final plat. All utility plans are subject
to review and approval by the City Engineer. Availability charges for sewer and water utilities were paid
for the 78 townhouse dwelling units within Pleasant Creek Farms 4th Addition being replatted with the
current application. The amount of the sewer and water availability charges with Pleasant Creek Farms 4tn
Addition satisfies the requirements for the proposed final plat. A sewer and water connection charge will
be paid at the time a building permit is issued for each lot in accordance with the current fee schedule in
effect.
Grading and Drainage Plans. The developer has submitted grading and drainage plans for the proposed
final plat. Outlots A and B are to be deeded to the City for stormwater management purposes. All grading
and drainage plans are subject to review and approval by the City Engineer. The developer is required to
pay a Stormwater Impact Charge for Otsego Creek at the time of final plat approval for the portion of the
subject site not included with in the final plat of Pleasant Creek Farms 4th Addition.
Easements. The final plat illustrates drainage and utility easements at the perimeter of each single family
lot as required by Section 10-8-12.A of the Subdivision Ordinance. All proposed drainage and utility
easements on the final plat are subject to approval of the City Engineer.
Street Lighting. Section 8-8-4 of the City Code specifies installation of street lighting for new subdivisions.
Type I lighting will be required to be installed by the developer at the corners of intersecting local streets
and at the cul-de-sac terminus. The development contract will provide for payment of the street light
operation fee of as established by the City Code.
Development Contract. A development contract has been drafted by the City Attorney to provide for
construction of the project, completion of all public improvements, establishment of required securities,
and payment of applicable fees. The development contract is to be approved by resolution of the City
Council concurrent with the final plat approval and executed prior to recording of the final plat.
SUPPORTING DOCUMENTS ATTACHED:
■ Site Location Map
■ Final Plat (2 sheets)
■ Engineering Review dated May 4, 2021
■ Findings of Fact and Decision
■ Resolution 2021-36 approving a Development Contract
■ Development Contract
PCIGRIRI F MC)TION
PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES:
Motion to approve the Pleasant Creek Farms 7th Addition Final Plat subject to the conditions in the Findings
of Fact and Decision as presented and adopt Resolution 2021-36 approving a Development Contract.
RIIII(.FT INF()RMATI()N
FUNDING' BUDGETED:
N/A N/A
Site Location Map
City[Townshlp Limits
❑ c
❑t
OParcels
PLEASANT CREEK FARMS 7TH ADDITION
KNOW ALL PERSONS BY THESE PRESENTS: That Tamarack Land —
Pleasant Creek, I.I.C. a Minnesota limited liability company, fee owner of
the following described property situated in the County of Wright, State
of Minnesota to it:
Outlet A. PLEASANT CREEK FARMS 6TH ADDITION, Wright County,
Minnesota.
Has caused the some to be surveyed and platted as PLEASANT CREEK
FARMS 7TH ADDITION and does hereby donate and dedicate to the public
for public use the public ways and the drainage and utility easements
as created by this plat.
In witness whereof said Tamarack Land — Pleasant Creek, LLC, a
Minnesota limited liability company, has caused these presents to be
signed by its proper officer this
day of 20_
Signed: Tamarack Land — Pleasant Creek, LLC
President
Dale Willenbring
STATE OF MINNESOTA
COUNTY OF
This instrument was acknowledged before me this day of
, 20. by Dale Willenbring, President, Tamarack
Land — Pleasant Creek. LLC, LLC, a Minnesota limited liability company,
on behalf of the company
(Printed name)
Notary Public, County, Minnesota
My Commission Expires
I. Chris Amboum, do hereby certify that this plat was prepared by me
or under my direct supervision; that I am a duly Licensed Land
Surveyor in the State of Minnesota; that this plat is a correct
representation of the boundary survey; that all mathematical data and
labels are correctly designated on this plat; that all monuments depicted
on this plat have been, or will be correctly set within one year, that all
water boundaries and wet lands as defined in Minnesota Statutes,
Seation 505.01, Subd. 3. as of the date of this certificate arc shown
and labeled on this plat; and all public ways are shown and labeled on
this plat. -
Dated this day of . 20
Chris Ambourn, Licensed Land Surveyor
Minnesota License No. 43055
STATE OF MINNESOTA
COUNTY OF
The foregoing Surveyor's Certificate was acknowledged before me this
day of , 20_, by Chris Amboum,
Land Surveyor, Minnesota License No. 43055.
(Printed name)
Notary Public, County, Minnesota
My Commission Expires
CITY COUNCIL,
CITY OF OTSEGO, MINNESOTA
This plat of PLEASANT CREEK FARMS 7TH ADDITION was approved and
accepted by the City Council of the City of Otsego, Minnesota, at a regular
meeting thereof
held on this day of , 2D
and said plat is in compliance with the provisions of Minnesota Statutes,
Section 505.03, Subd. 2.
Mayor Clerk
WRIGHT COUNTY SURVEYOR
I hereby certify that in accordance with Minnesota Statutes 505.021, Subd.
11, this plat has been reviewed and approved this day of
, 20—
Wright
0 .
Wright County Surveyor
WRIGHT COUNTY AUDITOR/TREASURER
Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable
for the year 20 on the land hereinbefore described have been paid.
Also,
pursuant to Minnesota Statutes, Section 272.12, there are no delinquent
taxes
and transfer entered this day of . 20
Wright County Auditor/Treasurer Deputy
WRIGHT COUNTY RECORDER
I hereby certify that this instrument was filed in the office of the County
Recorder for record on this day of
20, at o'clock _.M. and was duly recorded in Cabinet
No. , Sleeve as Document No.
Wright County Recorder
V^VWENCK a ® Stantec
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A
^rWENCK �a ®Stantec
Review No. 1
IIIHe kanson
Anderson
ENGINEERING REVIEW
Residential Subdivision
for the City of Otsego
by
Hakanson Anderson
Submitted to: Honorable Mayor and City Council
cc: Adam Flaherty, City Administrator/Finance Director
Audra Etzel, City Clerk
Dan Licht, City Planner
Dave Kendall, City Attorney
Dale Willenbring, Tamarack Land Development, LLC
Marty Campion, P.E. Campion Engineering Services, Inc.
Reviewed by:
Ronald J. Wagner, P.E.
Brent M. Larson, P.E.
Date:
May 4, 2021
Proposed
Development:
Pleasant Creek Farms 7' Addition
Street Location
A portion of the NW '/a of S25, T121, R24, north of 77th Street,
of Property:
east of LaBeaux Avenue NE.
Applicant:
Dale Willenbring
Developer:
Tamarack Land Development, LLC
1536 Beachcomber Blvd
Waconia, MN 55387
Owners of Record:
Tamarack Land Development, LLC
Purpose:
Pleasant Creek Farms 7th Addition is a proposed 9.24± acre, 30 lot
single-family residential development in the City of Otsego,
Wright County, Minnesota. This is a replat of a portion of the
Pleasant Creek Farms 4th/5th Addition. The proposed development
will be served with municipal water, sanitary sewer, storm sewer,
and public streets typical of an urban setting.
Jurisdictional Agencies: City of Otsego, Wright County, Minnesota Department of
(but not limited to) Health, Minnesota Department of Natural Resources, Minnesota
Pollution Control Agency, Wright Soil and Water Conservation
District.
Permits Required: NPDES, Minnesota Department of Health (water), and
(but not limited to) Minnesota Pollution Control Agency (sanitary sewer)
TABLE OF CONTENTS
INFORMATION AVAILABLE
FINAL PLAT
GRADING PLANS
COVER
EXISTING CONDITIONS AND REMOVALS
GRADING PLAN
SWPPP PLAN
DETAILS
CONSTRUCTION PLANS
COVER
EXISTING CONDITIONS AND REMOVALS
OVERALL UTILITY PLAN
SANITARY AND WATERMAIN CONSTRUCTION PLAN
STREET AND STORM SEWER CONSTRUCTION PLAN
SWPPP
DETAILS
HYDROLOGY & STORM SEWER DESIGN
WETLANDS
OTHER CONSIDERATIONS
SUMMARY AND/OR RECOMMENDATIONS
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INFORMATION AVAILABLE
Final Plat for Pleasant Creek Farms 7th Addition, received 4/19/2021, by Wenck Associates
Grading Plans for Pleasant Creek Farms 7th Addition, 3/10/2021, by Campion Engineering
Services, Inc.
Construction Plans for Pleasant Creels Farms 7th Addition, 3/30/2021, by Westwood Professional
Services, Inc. and revised by Campion Engineering Services, Inc.
Previous Pleasant Creek Farms Additions' Information
Storm Sewer Design calculations for Pleasant Creek Farms 51h Addition, 2/14/14, by Westwood
Professional Services, Inc.
Stormwater Ponding calculations for Pleasant Creek Farms 5th Addition, 2/13/14, by Westwood
Professional Services, Inc.
Preliminary Plat Submittal, 11/11/13, by Westwood Professional Services, Inc.
Final Plat of Pleasant Creek Farms 4th Addition, filed 5/4/05, by Westwood Professional
Services, Inc.
Preliminary Plat of Pleasant Creek Farms, 3/18/03, by McCombs Frank Roos Associates, Inc.
Grading, Drainage and Erosion Control Plan for Pleasant Creek Farms, 10/30/03 revision, by
McCombs Frank Roos Associates, Inc.
Additional Information
Minnesota Rules, Chapter 4410 — EAW Requirement
City of Otsego Engineering Manual
City of Otsego Zoning and Subdivision Ordinances
National Wetland Inventory Map
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FINAL PLAT
1. The wetland in Outlot A, to the north of Lot 1 Block 1 requires an average 20' buffer. At
a minimum 10' wetland buffer shall be maintained. This buffer shall be contained within
Outlot A. This appears to impact Lot 1, Block 1 rear property line.
2. Street centerline horizontal curve information shall be provided. All curves shall meet a
30 -mph design speed.
3. A minimum 10' wide maintenance access route covered by an easement shall be
provided to access the Outlot A ponds outlet control structure. Discussion with the
developer's engineer will be needed to find an acceptable route.
4. Additional drainage easement appears to be needed to cover cross drainage for Lot 14
and 15, Block 1 and Lot 3, Block 3.
5. The temporary cul-de-sac at the west end of Lambert Avenue shall have a separate
document for the required easement beyond the right-of-way.
GRADING PLANS
COVER SHEETS
6. No comments.
EXISTING CONDITIONS AND REMOVALS
7. Overlapping text shall be revised. Some text, especially along 77th Street is difficult to
read.
8. Existing utilities within 150' of the project shall be shown and labeled with pipe type,
size, and inverts including utilities installed with Pleasant Creels Farms 6th Addition.
9. Label the designed NWL, 2 -yr, 10 -yr, and 100 -yr HWL elevations for the pond(s).
GRADING SHEET
10. See final plat comments 1 and 3.
11. Easements shown in the grading plans shall match the final plat easements.
12. Lot corner elevations shall be provided, currently a number of rear corner elevations are
missing.
13. Readable Block and Lot numbers that match the final plat are required.
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14. It shall be verified that all garage elevations are a minimum of 18" above the adjacent
street as well and no driveway exceeds 10% slope. It would be helpful if proposed
driveway grades were provided.
15. Provide an emergency over flow (EOF) elevation and label for the high point between
Lots 2 and 3, Block and along the SW radius of the intersection of Lambert Avenue and
Lachman Avenue.
SWPPP PLAN
16. The designated concrete washout area shall be identified in the plans.
DETAILS
17. The Standard Plate 110 for the PUD Private Street is not needed with this phase of
development and should be removed.
18. The Public Street Section requires two separate details; one for the 60' right-of-way and
another for the 50' right-of-way streets.
CONSTRUCTION PLANS
COVER SHEET
19. No comments
EXISTING CONDITIONS AND REMOVALS
20. Existing utilities within 150' of the project shall be shown and labeled with pipe type,
size, and inverts including utilities installed with Pleasant Creek Farms 6th Addition.
21. Label the designed NWL, 2 -yr, 10 -yr, and 100 -yr HWL elevations for the pond(s).
OVERALL UTILITY PLAN
22. The drawing bar scale is mislabeled.
23. Block numbers shall be labeled.
24. Existing utilities beyond the project limits shall be shown (missing hydrants along
Lachman Avenue). Verify there is a maximum 300' spacing (150' radius) from the
northern most existing hydrant along Lachman Avenue to the new hydrants.
25. The flared end sections require articulated block per Standard Plate 500 but are being
called out as rip -rap on the overall plan.
26. Verify drive over castings will not be necessary for structures C135, CBMH 5, and
CBMH 10. The structures in these locations could potentially have driveways.
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SANITARY AND WATERMAIN CONSTRUCTION PLAN
27. Block numbers shall be labeled.
28. The profiles shall be aligned with the plan view to the extent possible.
29. Services to Lots 3-5, Block 3 will need discussion. Potential conflict with storm sewer.
30. The connection to the existing watermain on Lambert Avenue should be done with the 8"
gate valve. Moving the valve from approximate station 7+80 should work.
31. Insulation is required where this is less than 24" of separation between the storm sewer and
watermain/sanitary sewer including services. (i.e. crossings on Lambert Avenue at stations:
9+40, 14+75; and on Lachman Avenue at station: 3+60 and services to Lots 3-5, Block 3)
32. The length of 8" DIP is needed for Lachman Avenue
STREET AND STORM SEWER CONSTRUCTION PLAN
33. Block numbers shall be labeled.
34. The profiles shall be aligned with the plan view to the extent possible.
35. Insulation at all storm crossings with less than 24" of separation is required
36. The detail for FES -6 and FES -7 is located on Sheet 10.
37. FES -4 invert shall be lowered to the pond NWL (948.0).
38. The NWL, 2 -yr, 10 -yr, and 100 -yr HWL ponds shall be shown on all sheets.
39. The flared end sections require articulated block per Standard Plate 500 but are being
called out as rip -rap on the overall plan. This is labeled riprap on plan view, correctly
labeled in profile view.
40. Overlapping text shall be removed.
41. Detail E, pertaining to FES -2 and FES -3, requires an outlet/skimmer structure for the pond
within Outlot B.
42. The vertical curve at station 3+00 does not meeting the minimum 30 mph design speet.
The curve shall be revised to provide a minimum 90' curve or K -value of 37.
43. Drain tile will be required on the upstream side of storm pipe crossings (cross pipes
protrude into the sand base) and on both sides at low points.
SWPPP PLAN
44. The designated concrete washout area shall be identified in the plans.
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DETAILS
45. Two separate details; one for the 60' right-of-way and another for the 50' right-of-way
streets are required.
46. Otsego Standard Plate 309 shall be included.
47. It is unclear where the "Metal Lid for Cleanout" will be needed. No cleanouts are required.
48. Otsego Standard Plat 701 shall be removed and replaced with the MnDOT standard plates
for ADA Pedestrian ramps. The provided detail below Plate 701 is unreadable and shall be
revised.
HYDROLOGY AND STORM SEWER DESIGN
49. Provide storm sewer design calculations.
WETLANDS
50. No comments.
OTHER CONSIDERATIONS
51. A separate lot tabulation is required listing each the lot and block with the house type and
elevations for the garage, lowest floor and lowest opening.
SUMMARY AND/OR RECOMMENDATION
We recommend approval contingent upon the above comment being addressed.
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16 Apr 21
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MINIV960TA 9
FINDINGS OF FACT AND DECISION
APPLICANT: Tamarack Land — Pleasant Creek, LLC
APPLICATION: Request for approval of a final plat to be known as Pleasant Creek Farms 7th Addition.
CITY COUNCIL MEETING: 10 May 2021
FINDINGS: Based upon review of the application and evidence received, the City Council of the City of
Otsego now makes the following findings of fact:
A. The legal description of the property is Outlot A, Pleasant Creek Farms 6th Addition, City of Otsego,
Wright County, Minnesota.
B. The subject site is guided by the Comprehensive Plan for low medium to high density residential uses
within the East Sewer District.
C. The subject site is zoned R-6, Medium Density Residential District.
D. The City Council approved application for preliminary plat and PUD -CUP of the property on 25
November 2019.
E. The applicant has applied for a final plat of 30 single family lots.
F. The Request for Council Action dated 10 May 2021 prepared by the City Planner, The Planning
Company LLC, is incorporated herein.
G. The Engineering Review dated May 4, 2021 prepared by the City Engineer, Hakanson Anderson Inc., is
incorporated herein.
H. Final plat applications are to be processed in accordance with Section 10-5-3 of the Subdivision
Ordinance and do not require review by the Planning Commission.
DECISION: Based on the foregoing information and applicable ordinances, the application is hereby
APPROVED subject to the following conditions:
1. All rights-of-way, street design and construction plans, and street lighting shall be subject to review
and approval by the City Engineer.
2. Lots within the final plat shall be subject to the requirements of the R-6 District except as may be
modified below:
1
3. All utility plans and issues shall be subject to review and approval by the City Engineer.
4. Stormwater basins shall be platted within outlots to be deeded to the City in accordance with Section
10-8-12.D of the Subdivision Ordinance for stormwater management purposes.
5. All grading, drainage, and erosion control plans and issues shall be subject to review and approval of
the City Engineer.
6. All easements shall be subject to review and approval of the City Engineer.
7. The developer shall be entitled to credits related to utility availability charges, park dedication fees
paid in lieu of land, and Otsego Creek stormwater area charges paid with the final plat and
development contract for Pleasant Creek Farms 4th Addition. The amount of the credit will be limited
as being up to the amount of the charges due for the Pleasant Creek Farms 7th Addition preliminary
plat. Any uncredited portion of the charges paid with the Pleasant Creek Farms 4th Addition final plat
shall be retained by the City.
8. Outlots A and B shall be deeded to the City for stormwater management purposes.
9. The developer shall execute a development contract as required by Section 10-10-4.A of the
Subdivision Ordinance drafted by the City Attorney and subject to approval of the City Council
concurrent with final plat approval.
10. The final plat shall be recorded by 18 August 2021 as provided for Section 10-5-3.13.8 of the
Subdivision Ordinance.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 10th day of May, 2021.
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
Attest:
Audra Etzel, City Clerk
2
Lot
Area
Lot
Width
Lot
Depth
Setbacks
Front/
Side Corner'
Side
Interior
Rear
Wetland
Interior
9,OOOsf.
(net)90ft.
60ft.
100ft.
25ft./
30ft. garage
face
7ft.
20ft.
40ft.
Corner
3. All utility plans and issues shall be subject to review and approval by the City Engineer.
4. Stormwater basins shall be platted within outlots to be deeded to the City in accordance with Section
10-8-12.D of the Subdivision Ordinance for stormwater management purposes.
5. All grading, drainage, and erosion control plans and issues shall be subject to review and approval of
the City Engineer.
6. All easements shall be subject to review and approval of the City Engineer.
7. The developer shall be entitled to credits related to utility availability charges, park dedication fees
paid in lieu of land, and Otsego Creek stormwater area charges paid with the final plat and
development contract for Pleasant Creek Farms 4th Addition. The amount of the credit will be limited
as being up to the amount of the charges due for the Pleasant Creek Farms 7th Addition preliminary
plat. Any uncredited portion of the charges paid with the Pleasant Creek Farms 4th Addition final plat
shall be retained by the City.
8. Outlots A and B shall be deeded to the City for stormwater management purposes.
9. The developer shall execute a development contract as required by Section 10-10-4.A of the
Subdivision Ordinance drafted by the City Attorney and subject to approval of the City Council
concurrent with final plat approval.
10. The final plat shall be recorded by 18 August 2021 as provided for Section 10-5-3.13.8 of the
Subdivision Ordinance.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 10th day of May, 2021.
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
Attest:
Audra Etzel, City Clerk
2
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2021- 36
APPROVING A DEVELOPMENT CONTRACT FOR
PLEASANT CREEK FARMS 7T" ADDITION
WHEREAS, Tamarack Land — Pleasant Creek, LLC (the "developer") is proposing development of Pleasant
Creek Farms 7th Addition; and
WHEREAS, a final plat for the development was approved on May 10, 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 agreement; 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 Tamarack Land —
Pleasant Creek, LLC is hereby approved in form subject to modification of fees, charges, and securities
as approved by City staff.
2. The Mayor and City Clerk are hereby authorized to execute the Development Contract on behalf of
the City of Otsego.
ADOPTED by the City Council of the City of Otsego this 10th day of May, 2021.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
2
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
ATTEST:
Audra Etzel, City Clerk
(reserved for recording information)
DEVELOPMENT CONTRACT
AND PLANNED UNIT DEVELOPMENT AGREEMENT
PLEASANT CREEK FARMS 71H ADDITION
CONTRACT dated , 2021, by and between the CITY OF OTSEGO, a
Minnesota municipal corporation ("City"), and TAMARACK LAND — PLEASANT CREEK, LLC, a
Minnesota limited liability company (the "Developer")
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for PLEASANT CREEK FARMS 7T" ADDITION (referred to in this Contract as the "plat"). The land is
situated in the County of Wright, State of Minnesota, and is legally described as:
Outlot A, Pleasant Creek Farms 6th Addition, Wright County, Minnesota,
according to the recorded plat thereof.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat.
3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade
or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City
Engineer following approval of a preliminary plat by the City Council, construct sewer lines, water lines,
streets, utilities, public or private improvements, or any buildings until all the following conditions have been
Pleasant Creek Farms 7t' Addition
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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 a multi -phased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent phases may not proceed until
Development Contracts for such phases are approved by the City. Park dedication charges referred to in
this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved
preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed
when the outlots are final platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi -phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into
lots and blocks and outlots, within two (2) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For five (5) years from the date of this Contract, no
amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use,
development density, lot size, lot layout or dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in
this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with
any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. The plans may be prepared, subject to the City
Engineer's approval, after entering the Contract, but before commencement of any work in the plat. The
City Engineer may approve minor amendments to Plans without City Council approval. If the plans vary
from the written terms of this Contract, the written terms shall control. The plans are:
Pleasant Creek Farms 7111 Addition
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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/[nfiltration Basins, and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
K. Sidewalks and Trails
L. Retaining Walls
M. Landscaping
The improvements shall be installed in accordance with the City subdivision ordinance; City
standard specifications for utility and street construction; and any other ordinances including Chapter 6 of
the City Code concerning erosion and sediment control. The Developer shall submit plans and
specifications which have been prepared by a competent Minnesota registered professional engineer to the
City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field
inspection personnel to assure an acceptable level of quality control to the extent that the Developer's
engineer will be able to certify that the construction work meets the approved City standards as a condition
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Pleasant Creek Farms Th Addition
of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have
one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The
Developer, its contractors and subcontractors, shall follow all instructions received from the City's
inspectors. The Developer's engineer shall provide for on-site project management. The Developer's
engineer is responsible for design changes and contract administration between the Developer and the
Developer's contractor. The Developer or its engineer shall schedule a pre -construction meeting at a
mutually agreeable time at the City with all parties concerned, including the City staff, to review the
program for the construction work. Within thirty (30) days after the completion of the improvements and
before the security is released, the Developer shall supply the City with a complete set of reproducible "as -
constructed" plans and an electronic file of the "as -constructed" plans in an AutoCAD .DWG file or a .DXF
file, all prepared in accordance with City standards.
In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot
corners must be completed before the applicable security is released. The Developer's surveyor shall also
submit a written notice to the City certifying that the monuments have been installed following site grading,
utility and street construction.
9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships, and other entities in which such
individuals have greater than a 25% ownership interest or in which they are an officer or director may not
act as contractors or subcontractors for the public improvements identified in Paragraph 8 above.
10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, which may include:
A. Wright County for County Road Access and Work in County Rights -of -Way
B. MnDot for State Highway Access
C. MnDot for Work in Right -of -Way
D. Minnesota Department of Health for Watermains
E. MPCA NPDES Permit for Construction Activity
F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
G. DNR for Dewatering
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Pleasant Creek Farms 7" Addition
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 November 30, 2021.
13. STREETS. The Developer agrees to maintain the streets within the Plat until the base
course bituminous surfacing has been accepted by the City. Should the City be required to grade the street
prior to paving, the cost of such grading shall be paid by the Developer and draw from the Developer's letter
of credit. Should the City determine that snowplowing is necessary prior to street paving, the City will plow
the street(s) prior to acceptance of the streets. The Developer shall hold harmless and indemnify the City
from any and all liability related to this snow plowing and shall pay all costs associated with this snow
plowing. Any plowing undertaken by the City shall constitute no acceptance or evidence of acceptance of
the street(s) in question. The final wear course shall not be constructed until at least one construction
season after the base construction is completed and shall be delayed one more construction season if at
least 75% build out is not achieved. However, the final wear course shall not be delayed for a period longer
than two years after the base course is paved, regardless of build out; in which case, the Developer shall
provide an escrow for fog sealing the streets in the event the final wear course is placed prior to 75% build
out. Upon final completion of streets and acceptance by the City as a City street rather than a private drive,
the Developer shall guarantee to the City for a period of two (2) years the streets have been constructed to
City standards. The warranty period shall not commence until such time as street construction is completed
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Pleasant Creek Farms 7th Addition
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and the streets are accepted as City streets by the City. The two (2) year warranty period set forth above
commences upon the date on which the City accepts the streets by resolution.
14. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with plat development.
15. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall
be implemented by the Developer and inspected and approved by the City. The City may impose
additional erosion control requirements if they would be beneficial. All areas disturbed by the grading
operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in
accordance with the City's current seeding specification which may include temporary seed to provide
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as
necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the
Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion
control plan and schedule or supplementary instructions received from the City, the City may take such
action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance
of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or
obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such
work within ten (10) days, the City may draw down the letter of credit to pay any costs. No development,
utility or street construction will be allowed and no building permits will be issued unless the plat is in full
compliance with the approved erosion control plan.
16. GRADING. The plat shall be graded in accordance with the approved grading development
and erosion control plan, Plan "B". The plan shall conform to City of Otsego specifications. Within thirty
(30) days after completion of the grading and before the City approves individual building permits (except
three (3) model home permits on lots acceptable to the Building Official), the Developer shall provide the
City with an "as -constructed" grading plan certified by a registered land surveyor or engineer that all storm
water treatment/infiltration basins and swales, have been constructed on public easements or land owned
6
Pleasant Creek Farms 7th Addition
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by the City. The "as -constructed" plan shall include field verified elevations of the following: a) cross
sections of storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands,
wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed
"conservation area" posts; and c) lot corner elevations and house pads, and all other items listed in City
Code. The City will withhold issuance of building permits until the approved certified grading plan is on file
with the City and all erosion control measures are in place as determined by the City Engineer. The
Developer certifies to the City that all lots with house footings placed on fill have been monitored and
constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report,
including referenced development phases and lot descriptions, shall be submitted to the Building Official for
review prior to the issuance of building permits.
Before a building permit is issued, a cash escrow shall be furnished to the City in accordance with
the City's current fee schedule to guarantee compliance with the erosion control and grading
requirements and the submittal of an as -built certificate of survey. Prior to the release of the required
individual lot grading and erosion control security that is submitted with the building permit, an as -built
certificate of survey for single family lots must be submitted to verify that the final as -built grades and
elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the
development, and amendments thereto as approved by the City Engineer, and that all required property
monuments are in place. If the final grading, erosion control and as -built survey is not timely completed,
the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon
satisfactory completion of the grading, erosion control and as -built survey, the escrow funds, without
interest, less any draw made by the City, shall be returned to the person who deposited the funds with
the City.
A certified as -built building pad survey must be submitted and approved for commercial, industrial
or institutional developments prior to issuance of a building permit.
17. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any
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Pleasant Creek Farms 71' Addition
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 $176,885.00 which is due upon final plat approval.
The Developer shall pay a cash fee in the amount of $18,135.53 for the Trunk Storm Water
Management Impact Fee (Otsego Creek) due upon final plat approval which is calculated as follows:
4.97 Acres X $3,649.00/Net Acre = $18,135.53
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 water and sewer availability charges shall be paid in cash at the time of final plat approval.
The Developer shall post a security in the amount of $128,402.50 for the installation of lateral and
trunk sanitary sewer and connection.
21. LATERAL AND TRUNK WATERMAIN. The Developer shall post a security in the
amount of $114,840.00 for the installation of lateral and trunk watermain and connection.
22. SEWER CONNECTION CHARGE AND WATER CONNECTION CHARGE. The
Developer shall pay to the City required water and sewer connection charges. The water and sewer
connection charges shall be collected per Section 8-1-6-C of City Code for all uses and must be paid prior
to the issuance of a Certificate of Occupancy based on the fee schedule in effect at the time of application
for the Certificate of Occupancy.
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Pleasant Creek Farms 7' Addition
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. TRAFFIC CONTROL SIGNS. The Developer shall pay to the City $3,250.00 for installation
of traffic control signs. The fee was calculated as follows: ten (13) traffic signs at $250.00 per traffic sign.
25. STREET LIGHT OPERATION COSTS. The Developer shall be responsible for the cost of
street light installation consistent with a street lighting plan approved by the City. The Developer shall pay
to the City a cash fee in the amount of $1,500.00. The fee is calculated as follows: three (3) street lights
at $500.00 per street light.
26. LANDSCAPING. The Developer or lot purchaser shall plant least two (2) trees on every lot
in the plat, one of which must be planted in the front yard. Trees that are chosen by the Developer or
property owner cannot cause a public nuisance, such as cotton producing trees, or trees that may become
a public hazard due to insect infestation or weak bark. The minimum deciduous tree size shall be two and
one-half (21/2) inches caliper, balled and burlapped. Evergreen trees must be at least eight feet (8') tall.
The trees may not be planted in the right-of-way. The Developer or lot purchaser shall sod the front
yard, boulevard, and side yards to the rear of the structure on every lot. Weather permitting, the trees,
sod, and seed shall be planted within sixty (60) days after a home has received a certificate of
occupancy. Before a building permit is issued, a cash escrow per each lot in the plat shall be furnished
the City in accordance with the City's current fee schedule to guarantee compliance with the landscaping
requirements. If the landscaping is not completed in a timely manner, the City may enter the lot, perform
the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the landscaping
the escrow funds, without interest, less any draw made by the City, shall be returned to the person who
deposited the funds with the City. All trees shall be warranted to be alive, of good quality, and disease
free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months
from the time of planting. The Developer or property owner is responsible for contacting the City when
all the landscaping has been installed to set up an inspection. Fifty percent (50%) of the security will be
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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.
27. 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
May 10, 2021.
B. Before the City signs the final plat, the Developer shall convey Outlots A and B to the City by
warranty deed, free and clear of any and all encumbrances, including but not limited to all
Outlots for stormwater basins, wetlands, and wetland buffers.
C. The Developer shall install a "Future Street Extension" sign and barricades at the terminus of
78th Street.
D. The Developer shall be entitled to credits related to utility availability charges, park dedication
fees paid in lieu of land, Otsego Creek stormwater area charges paid with the final plat and
Development Contract for Pleasant Creek Farms 4th Addition. The amount of the credit will be
limited as being up to the amount of the charges due for the Pleasant Creek Farms 7th Addition
preliminary plat. Any uncredited portion of the charges paid with the Pleasant Creek Farms 4th
Addition final plat shall be retained by the City.
E. The final plat shall be recorded by August 18, 2021 as provided for in Section 10-5-3.13.8 of the
Subdivision Ordinance.
F. 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.
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Pleasant Creek Farms 7th Addition
G. 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 $1,150.00.
H. 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.
28. 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
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execution of this Agreement), Park and Trail Dedication Fees (a flat fee due upon execution of this
Agreement), Street Light Maintenance and Operation Fee (a flat fee due upon execution of this Agreement)
and shall be as stated by the Financial Summary.
This escrow amount shall be submitted to the City prior to the City executing this Agreement.
All administrative and legal fees related to plan review, drafting of this Agreement and any other necessary
items shall be paid to the City prior to execution of this Agreement. Any amounts for legal and engineering
not utilized from this escrow fund shall be returned to the Developer when all improvements have been
completed, all financial obligations to the City satisfied, and the required "as constructed" plans have been
received by the City.
All other amounts listed as flat fees are non-refundable and available immediately for City use
when posted.
29. 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
the expiration of the security, the City may also draw it down without notice. If the security is drawn down,
the proceeds shall be used to cure the default.
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Pleasant Creek Farms 7th Addition
Upon receipt of proof satisfactory to the City that work has been completed and financial obligations
to the City have been satisfied, with City approval not to be unreasonably withheld or delayed, the security
shall be reduced from time to time in proportion to the work completed, but not below ten (10) percent which
is the amount of the warranty security. For purposes of this Section, the warranty period shall be a twelve
(12) month period after the applicable work has been completed, except with respect to streets, for which
the warranty period shall be two years as addressed elsewhere in this Contract.
This security amount shall be submitted to the City prior to execution of the Contract. All
administrative and legal fees related to plan review, drafting of this Contract and any other necessary items
shall be paid to the City prior to execution of the Contract. Upon completion of the work contemplated
hereunder and expiration of the warranty period, the remaining security shall be promptly released to
Developer.
30. SUMMARY OF SECURITY REQUIREMENTS. The amount of the security described
above is calculated as follows:
CONSTRUCTION COSTS:
A. Sanitary Sewer — Lateral and Trunk
B. Watermain — Lateral and Trunk
C. Storm Sewer -Lateral
D. Streets
CONSTRUCTION SUB -TOTAL
OTHER COSTS:
A. Engineering & Surveying Construction Services (6.5%)
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 $734,593.00)
B. City Administrative (Est. 1.0% of $734,593.00)
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$128,402.50
114,840.00
176, 885.00
314,465.50
$734.593.00
$47,748.55
$47,748.55
$782,341.55
$977,926.93
$7,345.93
7,345.93
Pleasant Creek Farms 711 Addition
C. City Construction Administration
and Utility & Street Inspection (Est. 8.0% of 734,593.00) 58,767.44
D. GIS Data Entry Fee 1,350.00
ESCROW TOTAL $74,809.30
DEVELOPMENT WARRANTY LETTER OF CREDIT
A. Sanitary Sewer $19,260.38
B. Watermain 17,226.00
C. Storm Sewer 26,532.75
D. Streets 34,250.00
E. Erosion & Sedimentation Control 7,500.00
TOTAL WARRANTY LETTER OF CREDIT $104,769.13
This breakdown is not a restriction on the use of the security.
31. 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 Storm Water Management Impact Fee $18,135.53
B. Traffic Control Signs 3,250.00
C. Street Light Operating Fee 1,500.00
TOTAL CASH REQUIREMENTS $22,885.53
32. 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.
33. 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
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Pleasant Creek Farms 7`h Addition
Conservation District charges, legal, planning, engineering and construction observation
inspection expenses incurred in connection with approval and acceptance of the plat, the
preparation of this Contract, review of construction plans and documents, and all costs and
expenses incurred by the City in monitoring and inspecting development of the plat.
B. The Developer shall hold the City and its officers, employees, and agents harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees,
and agents for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract,
including engineering and attorneys' fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is
attached, all special assessments referred to in this Contract. This is a personal obligation of
the Developer and shall continue in full force and effect even if the Developer sells one or more
lots, the entire plat, or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under
this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may
halt plat development and construction until the bills are paid in full. Bills not paid within thirty
(30) days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the
Developer shall pay in full all bills submitted to it by the City prior to any reductions in the
security for the development.
F. In addition to the charges and special assessments referred to herein, other charges and
special assessments may be imposed such as but not limited to sewer availability charges
("SAC"), City water connection charges, City sewer connection charges, and building permit
fees.
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34. 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.
35. 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
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inspections may be conducted and no one may occupy a building for which a building permit is
issued on either a temporary or permanent basis until the streets needed for access have been
paved with a bituminous surface and the utilities are accepted by the City Engineer.
G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of
this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties
and approved by written resolution of the City Council. The City's failure to promptly take legal
action to enforce this Contract shall not be a waiver or release.
H. This Contract shall run with the land and may be recorded against the title to the property. In
the event this Contract is recorded, upon request by Developer, the City covenants to provide a
recordable Certificate of Completion within a reasonable period of time following the request,
upon the completion of the work and responsibilities required herein, payment of all costs and
fees required and compliance with all terms of the Contract. A release of this Contract may be
provided in the same manner and subject to the same conditions as a Certificate of Completion
provided there are no outstanding or ongoing obligations of Developer under the terms of this
Contract. The Developer covenants with the City, its successors and assigns, that the
Developer is well seized in fee title of the property being final platted and/or has obtained
consents to this Contract, in the form attached hereto, from all parties who have an interest in
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
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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
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
copy of the endorsement must be submitted with the certificate of insurance.
Developer's and general contractor's policies and Certificate of Insurance shall contain a
provision that coverage afforded under the policies shall not be cancelled without at least
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thirty (30) days' advanced written notice to the City, or ten (10) days' notice for non-payment
of premium.
An Umbrella or Excess Liability insurance policy may be used to supplement Developer's
or general contractor's policy limits on a follow -form basis to satisfy the full policy limits
required by this Contract.
J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify
and hold harmless the City, and its employees, officials, and agents from and against all
claims, actions, damages, losses and expenses, including reasonable attorney fees, arising
out of Developer's negligence or its performance or failure to perform its obligations under this
Contract. Developer's indemnification obligation shall apply to Developer's general
contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer,
or anyone for whose acts Developer may be liable. Developer agrees this indemnity
obligation shall survive the completion or termination of this Contract.
K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to
every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and
remedy herein set forth or otherwise so existing may be exercised from time to time as often
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
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with the Building Official evidencing that the retaining wall was constructed in accordance with
the approved plans and specifications. All retaining walls identified on the development plans
and by special conditions referred to in this Contract shall be constructed before any other
building permit is issued for a lot on which a retaining wall is required to be built. All retaining
walls must comply with the City's engineering manual and the City's zoning ordinance.
N. Should the Developer convey any lot or lots in the Development to a third party, the City and the
owner of that lot or those lots may amend this Development Contract or other city approvals or
agreements for development or use of those lots without the approval or consent of the
Developer or other lot owners in the Development. Private agreements between the owners of
lots within the Development for shared service or access and related matters necessary for the
efficient use of the Development shall be the responsibility of the lot owners and shall not bind
or restrict City authority to approve applications from any lot owner in the Development.
36. 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: 1536 Beachcomber Boulevard, Waconia, Minnesota 55387. Notices to the City shall
be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by
certified mail in care of the City Administrator at the following address: Otsego City Hall, 13400 90th
Street NE, Otsego, Minnesota 55330.
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
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CITY OF OTSEGO
M
(SEAL)
AND
STATE OF MINNESOTA )
)ss.
COUNTY OF WRIGHT )
Jessica L. Stockamp, Mayor
Audra Etzel, City Clerk
The foregoing instrument was acknowledged before me this day of
2021, by Jessica L. Stockamp and by Audra Etzel, 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
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STATE OF MINNESOTA
)ss.
COUNTY OF
DEVELOPER:
TAMARACK LAND — PLEASANT CREEK, LLC
Its
The foregoing instrument was acknowledged before me this day of ,
2021, by
the of
Tamarack Land — Pleasant Creek, LLC.
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
Grand Oak Office Center 1
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone: 651-452-5000
DSK/smt
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MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
SECURITY BANK & TRUST CO., organized and existing under the laws of the State of Minnesota,
which holds a mortgage executed by Tamarack Land — Pleasant Creek, LLC, a Minnesota limited liability
company, in favor of Security Bank & Trust Co., dated June 18, 2020, filed June 26, 2020, as Document
No. A1431190, in the principal sum of $200,270.88, on the subject property, the development of which is
governed by the foregoing Development Contract, agrees that the Development Contract shall remain in
full force and effect even if it forecloses on its mortgage.
Dated this day of 12021.
SECURITY BANK & TRUST CO.
in
Its
[print name]
[title]
STATE OF )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2021, by , the of SECURITY BANK
& TRUST CO., organized and existing under the laws of the State of Minnesota, on behalf of said entity.
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center 1
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
DSK/smt
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[BANK LETTERHEAD]
IRREVOCABLE LETTER OF CREDIT
TO: City of Otsego
City Hall
13400 90th Street NE
Otsego, Minnesota 55330
Dear Sir or Madam:
No. _
Date:
We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable
Letter of Credit in the amount of $ available to you by your draft drawn on sight on the
undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. dated 2 ,
of (Name of Bank) ";
b) Be signed by the City Administrator or Finance Director of the City of Otsego.
c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30,
2
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five
(45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers
written notice to the Otsego Finance Director that it intends to modify the terms of, or cancel, this Letter of Credit.
Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-
five (45) days prior to the next annual renewal date addressed as follows: Otsego Finance Director, Otsego City
Hall, 13400 90th Street NE, Otsego, MN 55330, and is actually received by the Finance Director at least thirty
(30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified,
amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred
to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may
be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice
for Documentary Credits, International Chamber of Commerce Publication No. 600.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly
honored upon presentation.
[NAME OF BANK]
BY:
Its
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