Item 3.8 Windsong 4thP
CITY
Ot�eoo
MINNESOTA V
IIFPAPTMFNT INFnRMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
14 June 2021
PRESENTER(s)
REVIEWED BY:
ITEM #:
Consent
City Administrator/Finance Director Flaherty
City Engineer Wagner
City Attorney Kendall
3.8 Windsong Fourth Addition
Final Plat and Development
Contract
CTPATFr.IC VISION
MEETS:
THE CITY OF OTSEGO:
ARE YOU SEEKING APPROVAL OF A CONTRACT?
Is a strong organization that is committed to leading the community through innovative
communication.
Yes
Has proactively expanded infrastructure to responsibly provide core services.
BACKGROUND/J U STI FI CATI O N:
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.
of CSAH 19 and north of 701h Street. The subdivision is part of the Kittredge Crossings PUD District. The
Is a distinctive, connected community known for its beauty and natural surroundings.
Ar'-FNIIA ITEM nl=TAII S
RECOMMENDATION:
City staff recommends approval of a final plat and development contract.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes
No
BACKGROUND/J U STI FI CATI O N:
Windsong II, LLC (Homes Plus, Inc.) has submitted application for final plat approval of 17 single family villa
dwelling units and two outlots to be known as Windsong Fourth Addition. The subject site is located west
of CSAH 19 and north of 701h Street. The subdivision is part of the Kittredge Crossings PUD District. The
City Council approved the preliminary plat and PUD Development Stage Plan for Windsong II on 13 June
2016.
■ Preliminary Plat Consistency. The proposed final plat is consistent with the design for this area of
the development and averaging of wetland buffers shown on the preliminary plat
■ Zoning. The subject site is zoned, PUD Planned Unit Development District. The allowed uses and
performance standards are based on the requirements of the R-6 Residential Medium Density
District, which allows single family villas as a permitted use.
Lot Requirements. The PUD Development Stage Plan establishes the following minimum
requirements shown below. The proposed final plat complies with these requirements.
Local or
Between
Minor
Side
Rear
Bldgs. on
Wetland
Collector Street
Base Lot
30 ft.
10ft.
20ft.
14ft.
20ft.
Landscaping. The PUD Development Stage Plan included a landscape plan to provide for
boulevard landscaping along the public streets as well as interior yard plantings. The developer will
be required to install this landscaping as a condition of final plat approval and a security will be
provided as part of the development contract.
Streets. The dwellings within the final plat are to be accessed via construction of Kahl Circle south
of 74th Street. The proposed street name shown on the final plat is consistent with Section 10-8-
10.6.13 of the Subdivision Ordinance and the Wright County grid system. The proposed street is
within a 60 foot right-of-way having a 28 foot wide street section with curb that terminates in a
permanent cul-de-sac. The developer will be responsible for the cost of street signs as well as
installation of street lights as required by Section 8-8-4 of the City code. Fees for the cost of street
lights and for initial operation of the street lights are provided for in the development contract. All
street construction plans, signs, and lighting are to be subject to review and approval by the City
Engineer.
■ Park and Trail Dedication. Park and trail dedication requirements for the proposed development
are to be satisfied as a cash fee in lieu of land as the 2012 Comprehensive Plan does not identify
acquisition of additional property for park use from the area of the subject site.
Grading and Drainage Plans. The developer has submitted grading and drainage plans for the
proposed final plat. 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 as provided for in the development contract.
Utilities. The developer has submitted utility plans for the proposed final plat. All utility plans are
subject to review and approval by the City Engineer. The developer is required to pay Utility
Availability Charges at the time of final plat approval for the proposed final plat, which are outlined
in the development contract. Utility Connection charges will be paid at the time a building permit
is issued for each dwelling unit.
Easements. The final plat illustrates drainage and utility easements at the perimeter of each lot as
required by Section 21-7-15.A of the Subdivision Ordinance as well as over all of Lot 18, Block 1 as
the common area base lot. All easements are subject to review and approval of the City Engineer.
■ Outlots. The proposed final plat includes two outlots that encompass wetlands and wetland
buffers. Outlots A and B will be deeded to the City for stormwater management purposes at the
time the final plat is recorded.
■ Homeowners Association. The developer has previously established a homeowner's association
for the Windsong subdivision to provide for ownership and maintenance of the common base lots
and regulation of the development. Documents to incorporate the proposed final plat as part of
the HOA are to be subject to review and approval of the City Attorney.
■ Development Contract. The City Attorney has drafted a development contract related to the
proposed final plat 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 adopted by resolution of the City Council concurrent with the final
plat approval and executed prior to recording of the final plat.
I SUPPORTING DOCUMENTS ATTACHED: {
■ Site location map
■ Engineering Review dated June 8, 2021
■ Findings of Fact and Decision
■ Resolution 2021-45 approving a Development Contract
■ Development Contract
■ Final Plat (2 sheets)
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PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to approve the final plat of Windsong Fourth Addition and adopt Resolution 2021-45 approving a
development contract.
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FUNDING: BUDGETED:
N/A N/A
Site Location Map
city/Township Limits
❑ c
❑ t
0 Parcels
ij Torrens
Review No. 2
IansonT
Hak
lAnderson
ENGINEERING REVIEW
Residential Subdivision
for the City of Otsego
by
Hakanson Anderson
Submitted to: Honorable Mayor and City Council
cc: Adam Flaherty, City Administrator
Audra Etzel, City Clerk
Dan Licht, City Planner
Dave Kendall, City Attorney
Tim Flynn, Windsong II, LLC
Marty Campion, Campion Engineering Services, Inc.
Reviewed by: Ronald J. Wagner, P.E.
Brent M. Larson, P.E.
Date: June 8, 2021
Proposed
Development: Windsong 4`d Addition
Street Location A portion of the SW 1/a of S26, T121, R24.
of Property: West of Kittredge Crossings between 74$' Street and Kittredge
Parkway.
Applicant: Tim Flynn
Developer: Windsong II, LLC
5730 Quam Avenue
St. Michael, MN 55376
Owners of Record: Windsong II, LLC
Purpose: Windsong 0 Addition is a proposed 17 lot single-family
residential development on 4.5± acres within the approved
preliminary plat of Windsong Addition in the City of Otsego,
Wright County, Minnesota. The proposed development will be
served with municipal water, sanitary sewer, storm sewer and
public streets typical of an urban setting.
Jurisdictional Agencies: City of Otsego, Wright County, Minnesota Department of
(but not limited to) Health, Minnesota Department of Natural Resources, Minnesota
Pollution Control Agency, Wright Soil and Water Conservation
District.
Permits Required: NPDES, Minnesota Department of Natural Resources, BWSR, and
(but not limited to) Minnesota Pollution Control Agency (independent sewer systems)
TABLE OF CONTENTS
INFORMATION AVAILABLE
FINAL PLAT
CONSTRUCTION PLANS
COVER SHEET
CERTIFICATE OF TOPOGRAPHIC SURVEY
OVERALL
SANITARY SEWER AND WATERMAIN
STREET AND STORM SEWER
STORM WATER POLLUTION PREVENTION PLAN
DETAILS
GRADING PLAN
WETLANDS
STORM SEWER DESIGN AND STORMWATER MANAGEMENT
OTHER CONSIDERATIONS
SUMMARY AND/OR RECOMMENDATION
PAGE 2
S:\Municipai\Aotsego23xx\2333.04W-REVIEW PHASE\OT2333.04 RVW2.doc
INFORMATION AVAILABLE
Construction Plans for Windsong 4th Addition, dated 5/25/2021, by Campion Engineering
Services, Inc.
Development Plan for Windsong 4t' Addition, dated 5/7/18, by Campion Engineering Services,
Inc.
Final Plat for Windsong 4th Addition, received 5/27/2021, by Wenck Associates.
Grading Plan for Windsong 4th Addition, dated 5/25/2021, by Campion Engineering Services,
Inc.
Storm Water Management Plan for Windsong II, dated 7/9/2018, by Civil Methods, Inc.
Storm Sewer Design for Windsong 4th Addition, dated 5/1/18, by Campion Engineering
Services, Inc.
Geotechnical Report for Windsong Il, 4/28/16, by Haugo Geotechnical Services.
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
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FINAL PLAT
Lots with less than 5 feet of separation will require a minimum 5 -foot -wide easement
between to cover the drainage between the lots.
2. Easement is misspelled near Lot 6 and 7.
CONSTRUCTION PLANS
Cover Sheet
3. No comments.
Existing Conditions
4. Label all existing utilities and streets within 150' of construction limits with utility type,
pipe sizes and types, and elevation information. Street widths shall be labeled as well.
5. The existing contours beyond the edge of the property boundaries shall be shown.
Overall Plan
6. The HWL elevations for Pond 1 do not agree with the Storm Water Management Plan
elevations. The NWL and HWL for the wetland in Outlot A shall be shown. (All sheets)
7. The overlapping text shall be cleaned up.
8. The wetland in Outlot A shall have the NWL and HWL elevations labeled.
9. The street names shall be labeled.
10. Structure numbers for the flared end sections would be helpful.
Sanitary Sewer and Watermain
11. Include the wye stationing and detail information for Lot 17. This may be grayed out so it
is clear that it was already installed.
Street and Storm Sewer
12. Draintile will be needed at the storm catch basins in the cul-de-sac (both sides of both
catch basins, only on side is being called out).
Storm Water Pollution Prevention Plan
13. No comments.
PAGE 4
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Details
14. The outlet control structure detail shows rip -rap at the what appears is the inlet pipe. This
should be at the outlet pipe end and this shall be articulate block per Standard Detail 500.
The outlet pipe is missing a pipe grade in the detail.
15. The outlet control structure detail is missing the pipe grade for the inlet pipe. The oulet
pipe is missing an invert on the downstream end.
GRADING PLAN
16. Numerous text overlaps shall be fixed as much of the information is illegible.
17. Pond 1's HWL elevations do not agree with the Stormwater Management Plan
elevations.
18. The wetland within Outlot A shall have the NWL and 100 -yr HWL elevations labeled.
19. The HWL elevations for Pond 1 do not agree with the Storm Water Management Plan
elevations.
20. The emergency overflow elevation (862.5?) for the wetland in Outlot B shall be labeled.
21. All garage elevations shall be a minimum of 18" above the adjacent street or a maximum
of 10% grade. Proposed driveway grades
22. Label the 70h Street name.
23. The property lines around Outlot A and B appear to be covered up by the wetland buffer
shading. All property lines shall be shown.
24. Retaining walls are needed between Lots 7 & 8, Block 1 and between 8 & 9, Block 1
31 Addition as the house types change between these lots and there is significant
elevation differences between the houses.
25. Retaining wall appear to be required along the east property line of Yd and 0 Additions
between the existing houses to the east. There is an existing 857 swale along the property
line south of 70 Street that is shown in the adjacent developments grading plans. In all
cases storm runoff cannot be directed outside of the easement or at the downstream
house.
26. A maximum 4:1 slope is required along the west property line of 3rd Addition. The
proposed contours appear to exceed this and a retaining wall will be required.
27. The outlet structure for Pond 2 shall be shown in the grading plans. A 10' wide
(minimum) maintenance path that can be traversed with a vehicle shall be provided.
PAGE 5
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WETLANDS
28. Previously reviewed and approved with 1 st Addition.
STORM SEWER DESIGN AND STORMWATER MANAGEMENT
29. The drainage area map shows the subcatchment area around Pond 2 incorrectly bypassing
Pond 2. Please verify and revise storm water management plan dated 7/9/2018 so that
this drainage is included in Pond 2's volume.
30. Storm sewer design calculations have been provided but a drainage area map is still
needed.
OTHER CONSIDERATIONS
31. No Comments.
SUMMARY AND/OR RECOMMENDATION
We recommend approval contingent on the above comments being addressed.
PAGE 6
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3 Jun 21
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FINDINGS OF FACT AND DECISION
APPLICANT: Windsong II, LLC
APPLICATION: Request for final plat approval of Windsong Fourth Addition.
CITY COUNCIL MEETING: 14 June 2021
FINDINGS: Based upon review of the application and evidence received, the City Council of the City of
Otsego now makes the following findings of fact:
A. The legal description of the property described as Outlot A, Windsong Third Addition, City of Otsego,
Wright County, Minnesota.
B. The property lies within the West Sewer Service District and is guided for low density residential land
uses by the 2012 Otsego Comprehensive Plan, as amended.
C. The property is zoned PUD, Planned Unit Development District.
D. The City Council approved application for preliminary plat and PUD Development Stage Plan approval
on 13 June 2016.
E. The applicant is proposing a final plat of 17 single family villa lots, one base lot and two outlots.
F. The Request for Council Action dated 14 June 2021 prepared by the City Planner, The Planning
Company LLC, is incorporated herein.
G. The Engineering Review dated June 8, 2021 prepared by the City Engineer, Hakanson Anderson Inc.,
is incorporated herein.
H. Final plat applications are processed in accordance with Section 10-3-3 of the Subdivision Ordinance
and do not require a recommendation by the Planning Commission.
DECISION: Based on the foregoing information and applicable ordinances, the application is hereby
APPROVED subject to the following conditions:
1. The applicant shall execute a development contract as drafted by the City Attorney and subject to
approval of the City Council.
1
2. All of the buildings within the Windsong Fourth Addition Final Plat shall comply with the following
minimum setback requirements:
3. Construction plans for all streets shall be subject to review and approval by the City Engineer.
4. Street lighting shall be installed within the final plat in accordance with Section 8-8-4 of the City Code
with payment of charges as established in accordance with the City Fee Schedule, subject to review
and approval of the City Engineer.
5. The developer shall satisfy park and trail dedication requirements as a cash fee in lieu of land as set
forth in the development contract.
6. All grading, drainage, and erosion control plans shall be subject to review and approval by the City
Engineer.
7. The developer shall pay a stormwater impact fee for Otsego Creek at the time of final plat approval as
provided for in the development contract.
8. All utility plans shall be subject to review and approval of the City Engineer.
9. The developer shall pay applicable utility availability charges upon approval of the final plat as provided
for in the development contract and pay utility connection charges at the time a building permit is
issued for each lot based on the current fee in effect at that time.
10. All easements shall be subject to review and approval of the City Engineer.
11. Outlots A and B shall be deeded to the City for stormwater management purposes.
12. Documents incorporating the final plat within the Windsong HOA shall be subject to review and
approval by the City Attorney.
13. The final plat shall be recorded within 100 days of City Council approval as required by Section 10-5-
3.6.8 of the Subdivision Ordinance.
PJ
Between
ROW
Side
Rear
Bldgs. on
Wetland
Base Lot
30 ft.
10ft.
20ft.
14ft.
20ft.
3. Construction plans for all streets shall be subject to review and approval by the City Engineer.
4. Street lighting shall be installed within the final plat in accordance with Section 8-8-4 of the City Code
with payment of charges as established in accordance with the City Fee Schedule, subject to review
and approval of the City Engineer.
5. The developer shall satisfy park and trail dedication requirements as a cash fee in lieu of land as set
forth in the development contract.
6. All grading, drainage, and erosion control plans shall be subject to review and approval by the City
Engineer.
7. The developer shall pay a stormwater impact fee for Otsego Creek at the time of final plat approval as
provided for in the development contract.
8. All utility plans shall be subject to review and approval of the City Engineer.
9. The developer shall pay applicable utility availability charges upon approval of the final plat as provided
for in the development contract and pay utility connection charges at the time a building permit is
issued for each lot based on the current fee in effect at that time.
10. All easements shall be subject to review and approval of the City Engineer.
11. Outlots A and B shall be deeded to the City for stormwater management purposes.
12. Documents incorporating the final plat within the Windsong HOA shall be subject to review and
approval by the City Attorney.
13. The final plat shall be recorded within 100 days of City Council approval as required by Section 10-5-
3.6.8 of the Subdivision Ordinance.
PJ
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 14`h day of June, 2021.
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
Attes
Audra Etzel, City Clerk
3
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2021-45
APPROVING A DEVELOPMENT CONTRACT FOR
WINDSONG FOURTH ADDITION
WHEREAS, Windsong II, LLC (the "developer") is proposing development of Windsong Fourth Addition; and
WHEREAS, a final plat for the development was approved on 14 June 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:
The Development Contract attached hereto between the City of Otsego and Windsong II, LLC is
hereby approved in form subject to modification of fees, charges, and securities as approved by City
staff.
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 14th day of June, 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
(Developer Installed Improvements)
WINDSONG FOURTH ADDITION
CONTRACT dated , 2021, by and between the CITY OF OTSEGO, a
Minnesota municipal corporation ("City"), and HOMES PLUS DESIGNERS/BUILDERS INC., a
Minnesota corporation (the "Developer")
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for WINDSONG FOURTH 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, Windsong Third 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
Windsong Fourth Addition
215833v2
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:
2
215833v2
Windsong Fourth Addition
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
Plan D - Plans and Specifications for Public Improvements
Plan E - Street Lighting Plan
Plan F - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading, Stormwater Treatment/infiltration Basins, and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
K. Sidewalks and Trails
L. Retaining Walls
M. Landscaping
The improvements shall be installed in accordance with the City subdivision ordinance; City
standard specifications for utility and street construction; and any other ordinances including Chapter 6 of
the City Code concerning erosion and sediment control. The Developer shall submit plans and
specifications which have been prepared by a competent Minnesota registered professional engineer to the
City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field
inspection personnel to assure an acceptable level of quality control to the extent that the Developer's
engineer will be able to certify that the construction work meets the approved City standards as a condition
91
215833v2
Windsong Fourth 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
4
215833v2
Windsong Fourth 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
5
215833v2
Windsong Fourth Addition
and the streets are accepted as City streets by the City. The two (2) year warranty period set forth above
commences upon the date on which the City accepts the streets by resolution.
14. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with plat development.
15. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall
be implemented by the Developer and inspected and approved by the City. The City may impose
additional erosion control requirements if they would be beneficial. All areas disturbed by the grading
operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in
accordance with the City's current seeding specification which may include temporary seed to provide
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as
necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the
Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion
control plan and schedule or supplementary instructions received from the City, the City may take such
action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance
of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or
obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such
work within ten (10) days, the City may draw down the letter of credit to pay any costs. No development,
utility or street construction will be allowed and no building permits will be issued unless the plat is in full
compliance with the approved erosion control plan.
The Developer shall post a security in the amount of $11,790.00 to ensure site restoration and
placement of temporary seeding in compliance with MPCA requirements. The security is calculated as
follows:
3.93 Acres X $3,000.00 = $11,790.00
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
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(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
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.
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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
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 $15,430.00 which is due upon final plat approval.
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 $51,401.00 for Lateral and Trunk Sanitary
Sewer which is due upon final plat approval.
The Developer shall pay a cash fee in the amount of $44,897.00 for the Sewer Availability Charge
("SAC') at the time of plat approval which is calculated as follows:
17 REC X $2,641/REC = $44,897.00
21. LATERAL AND TRUNK WATERMAIN. The Developer shall post a security in the
amount of $56,865.00 for the installation of lateral and trunk watermain and connection. The Developer
shall pay a cash fee in the amount of $31,348.00 for the Water Availability Charge ("WAC') at the time of
plat approval which is calculated as follows:
17 REC X $1,844.00/ REC = $31,348.00
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22. SEWER CONNECTION CHARGE AND WATER CONNECTION CHARGE. The
Developer shall pay to the City required water and sewer connection charges. The water and sewer
connection charges shall be collected per Section 8-1-6-C of City Code for all uses and must be paid prior
to the issuance of a Certificate of Occupancy based on the fee schedule in effect at the time of application
for the Certificate of Occupancy.
23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and public street construction is restricted to access the subdivision as approved by the
City Engineer.
24. PARK AND TRAIL DEDICATION. The Developer shall pay a cash contribution of
$48,960.00 in satisfaction of the City's park and trail dedication requirements. The charge is calculated as
follows: seventeen (17) lots at $2,880.00 per lot.
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 $500.00. The fee is calculated as follows: one (1) street light 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
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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.
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
June 14, 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 temporary turnaround or turnarounds as shown in the plans.
Before the City signs the final plat, the Developer shall furnish the City an appropriately
executed public temporary turnaround easement or easements, in recordable form as shown on
Plan C.
D. 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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E. 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 $586.00.
F. 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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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
$51,401.00
B. Watermain — Lateral and Trunk
56,865.00
C. Storm Sewer -Lateral
15,430.00
D. Streets
80,744.00
CONSTRUCTION SUB -TOTAL
$204,440.00
OTHER COSTS:
A. Site Grading, Erosion & Sediment Control
$11,790.00
and Wetland Protection
B. Engineering & Surveying Construction Services (6.5)
13,288.60
OTHER COSTS SUB -TOTAL
$25,078.60
TOTAL — SUBTOTAL
$229,518.60
TOTAL IRREVOCABLE LETTER OF CREDIT
$286,898.25
FOR SECURITY (125% OF SUBTOTAL
ESCROW
A. City Legal Expenses (Est. 1.0% of $204,440.00) $2,044.40
B. City Construction Observation (Est. 8.0% of $204,440.00) 16,355.20
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C. GIS Data Entry Fee
ESCROW TOTAL
DEVELOPMENT WARRANTY LETTER OF CREDIT
A. Sanitary Sewer
B. Watermain
C. Storm Sewer
D. Streets
E. Erosion & Sedimentation Control
TOTAL WARRANTY LETTER OF CREDIT
This breakdown is not a restriction on the use of the security.
$586.00
$18,985.60
$7,710.15
8,529.75
2,314.50
6,625.00
4,250.00
$29,429.40
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. City Administrative Fee
B. Trunk Sewer Access Fee (SAC)
C. Trunk Water (WAC)
D. Park And Trail Dedication
E. Street Light Operating Fee
TOTAL CASH REQUIREMENTS
$2,044.40
44,897.00
31,348.00
48,960.00
500.00
$127,749.40
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
Conservation District charges, legal, planning, engineering and construction observation
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Windsong Fourth Addition
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.
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
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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
inspections may be conducted and no one may occupy a building for which a building permit is
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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
property damage, bodily and personal injury which may arise from operations under this
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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
thirty (30) days' advanced written notice to the City, or ten (10) days' notice for non-payment
of premium.
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Windsong Fourth Addition
An Umbrella or Excess Liability insurance policy may be used to supplement Developer's
or general contractor's policy limits on a follow -form basis to satisfy the full policy limits
required by this Contract.
J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify
and hold harmless the City, and its employees, officials, and agents from and against all
claims, actions, damages, losses and expenses, including reasonable attorney fees, arising
out of Developer's negligence or its performance or failure to perform its obligations under this
Contract. Developer's indemnification obligation shall apply to Developer's general
contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer,
or anyone for whose acts Developer may be liable. Developer agrees this indemnity
obligation shall survive the completion or termination of this Contract.
K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to
every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and
remedy herein set forth or otherwise so existing may be exercised from time to time as often
and in such order as may be deemed expedient by the City and shall not be a waiver of the
right to exercise at any time thereafter any other right, power or remedy.
L. The Developer may not assign this Contract without the written permission of the City Council.
The Developer's obligation hereunder shall continue in full force and effect even if the
Developer sells one or more lots, the entire plat, or any part of it, until the City's issuance of a
Certificate of Completion and Release.
M. Retaining walls over four feet in height shall be constructed in accordance with plans and
specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be filed
with the Building Official evidencing that the retaining wall was constructed in accordance with
the approved plans and specifications. All retaining walls identified on the development plans
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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: 5730 Quam Avenue N.E. St. Michael, Minnesota 55376. 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.]
Im
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CITY OF.OTSEGO
(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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DEVELOPER:
HOMES PLUS DESIGNERS/BUILDERS, INC.
Iva
STATE OF MINNESOTA )
)ss.
COUNTY OF WRIGHT )
Its
The foregoing instrument was acknowledged before me this day of
2021, by the
of Homes Plus Designers/Builders Inc., a Minnesota
corporation, on behalf of said entity.
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
Grand Oak Office Center 1
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone: 651-452-5000
DSK/smt
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FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
WINDSONG II, LLC, a Minnesota limited liability company, fee owner of all or part of the subject
property, the development of which is governed by the foregoing Development Contract, affirms and
consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that
portion of the subject property owned by it.
Dated this day of
STATE OF MINNESOTA )
)ss.
COUNTY OF )
2021.
Its:
The foregoing instrument was acknowledged
by , the
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, Minnesota 55121
651-452-5000
DSK/smt
215833v2
before me this day of , 2021,
of WINDSONG II, LLC, a Minnesota limited
NOTARY PUBLIC
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MORTGAGE CONSENT
TO
DEVELOPMENT CONTRACT
BRIDGEWATER BANK, a Minnesota banking corporation which holds:
A mortgage executed by Windsong II, LLC, a Minnesota limited liability company to secure
an indebtedness in the amount of $900,000.00, dated August 31, 2016, filed September 7,
2016 as Document No. Al 323954 in the office of the Wright County Recorder:
2. A mortgage executed by Windsong II, LLC, a Minnesota limited liability company to secure
an indebtedness in the amount of $500,000.00, dated August 31, 2016, filed September 7,
2016, as Document No. A1323955 in the office of the Wright County Recorder, said mortgage
modified by Mortgage Modification Agreement, dated May 12, 2017, filed May 19, 2017 as
Document No. Al 343569 in the office of the Wright County Recorder;
on the subject property, the development of which is governed by the foregoing Development Contract,
agrees that the Development Contract shall remain in full force and effect even if it forecloses on its
mortgage.
Dated this day of 12021.
STATE OF MINNESOTA
)ss.
COUNTY OF
BRIDGEWATER BANK
in
Its
[print name]
[title]
The foregoing instrument was acknowledged before me this day of
2021, by the of
Bridgewater Bank, a Minnesota banking corporation, 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
24
215833v2
Windsong Fourth Addition
[BANK LETTERHEAD]
IRREVOCABLE LETTER OF CREDIT
TO: City of Otsego
City Hall
13400 90th Street NE
Otsego, Minnesota 55330
Dear Sir or Madam:
No. _
Date:
We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable
Letter of Credit in the amount of $ available to you by your draft drawn on sight on the
undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. dated 12 ,
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
25
215833v2
Windsong Fourth Addition
(Above Space is Reserved for Recording Information
Minnesota Wetland Conservation Act
Declaration of Restrictions and Covenants for Project -Specific
Wetland Replacement
Replacement Wetland Declarant:
General Location of Replacement: Sec. , Twp. , Rge. , County of
This Declaration of Restrictions and Covenants for Project -Specific Wetland Replacement
Wetland (Declaration) is made this day of by the undersigned Declarant:
RECITALS
A. The Declarant holds the fee title or perpetual easement on the real property described in
Exhibit A, attached hereto.
B. This real property is the site of a Replacement Wetland, as defined in Minnesota Rules
8420.0111, subp. 60. Exhibit B, attached hereto, is a map or survey of the subject Replacement
Wetland.
C. The Declarant is seeking approval of (1) a replacement plan under Minnesota Statutes
section 103G.222.
D. The Replacement Wetland is subject to the Wetland Conservation Act of 1991, as
amended, Minnesota Statutes section 103G.222 et seg., and all other provisions of law that apply to
wetlands, except that the exemptions in Minnesota Statutes section 103G.2241 do not apply to the
Replacement Wetland, pursuant to Minnesota Rules 8420.0420.
E. The Local Government Unit (LGU) charged with approval of the Replacement Plan is
whose address is
Windsong Fourth Addition
215833v2
F. All references in this instrument to Minnesota Statutes and Rules are to the Statutes and
Rules currently in effect and as amended or renumbered in the future.
RESTRICTIONS AND COVENANTS
The Declarant makes the following declaration of restrictions and covenants for the Replacement
Wetland. These restrictions and covenants shall run with the land, and bind Declarant, and Declarant's
heirs, successors, and assigns:
1. The Declarant shall maintain a Replacement Wetland of the size and type specified in the
replacement plan approved by the LGU and on file at the offices of the LGU. Declarant shall not make
any use of the Replacement Wetland that would adversely affect the functions or values of the wetland
as determined by Minnesota Rules 8420.0522, and as specified in the replacement plan.
2. Declarant shall pay the costs of maintenance, repairs, reconstruction, and replacement of
the Replacement Wetland, which the LGU or the State of Minnesota through the Minnesota Board of
Water and Soil Resources may deem necessary to comply with the specifications for the Replacement
Wetland in the approved replacement plan.
3. Declarant grants to the LGU, the State of Minnesota, and the agents and employees of
the LGU and the State of Minnesota, reasonable access to the Replacement Wetland for inspection,
monitoring, and enforcement purposes. This Declaration grants no access to or entry on the lands
described to the general public.
4. Declarant represents that he or she has a fee simple or easement interest in the land on
which the Replacement Wetland is or will be located. Declarant represents that he or she has obtained
the consent of all other parties who may have an interest in the land on which the Replacement Wetland
is or will be located to the creation of the restrictions and covenants herein, and that, all such parties
have agreed in writing to subordinate their interests to these restrictions and covenants, pursuant to the
attached Consent and Subordination Agreement(s).
5. Declarant shall record or file this Declaration, pay all costs associated with recording or
filing, and provide proof of recording or filing to the LGU. If this Declaration is given pursuant to a
replacement plan, such proof shall be provided to the LGU before proceeding with construction of the
Replacement Wetland.
6. Acknowledge that this Easement shall be unlimited in duration, without being re-recorded.
This Easement shall be deemed to be a perpetual conservation easement pursuant to Minn. Stat. ch. 84C.
7. If the replacement plan approved by the LGU and on file at its offices requires the
establishment of areas of native vegetative cover, the term "Replacement Wetland" as used in this
Declaration shall also include the required areas of permanent vegetative cover, even if such areas are
not wetlands. All provisions of this Declaration that apply to the Replacement Wetland shall apply
equally to the required areas of native vegetative cover. In addition, the Declarant:
(a) Shall comply with the applicable requirements of Minnesota Rules 8420.0526;
(b) Shall, at Declarant's cost, establish and maintain permanent vegetative cover on areas
specified in the replacement plan for native vegetative cover, including any necessary planting
Windsong Fourth Addition
215833v2
and replanting thereof, and other conservation practices, in accordance with the replacement
plan;
(c) Shall not produce agricultural crops on the areas specified in the replacement plan;
(d) Shall not graze livestock on the areas specified in the replacement plan or;
(e) Shall not place any materials, substances, or other objects, nor erect or construct any type of
structure, temporary or permanent, on the areas specified in the replacement plan, except as
provided in the replacement plan;
(f) Shall, at Declarant's cost, be responsible for weed control by complying with noxious weed
control laws and emergency control of pests necessary to protect the public health on the areas
specified in the replacement plan; and
(g) Shall comply with any other requirements or restrictions specified in the replacement plan,
including, but not limited to, haying, mowing, timber management or other vegetative alterations
that do not enhance or would degrade the ecological functions and values of the replacement
site.
8. This Declaration may be modified only by the joint written approval of the LGU and the
State of Minnesota through the Minnesota Board of Water and Soil Resources. If the Replacement
Wetland has been used to mitigate wetland losses under the Federal Water Pollution Control Act, the
U.S. Army Corps of Engineers (or successor agency) must also agree to the modification in writing.
Such modification may include the release of land contained in the legal description above, if it is
determined that non -wetland areas have been encumbered by this Declaration, unless the approved
replacement plan designates these non -wetland areas for establishment of permanent vegetative cover.
9. This Declaration may be enforced, at law or in equity, by the LGU, or by the State of
Minnesota. The LGU and the State of Minnesota shall be entitled to recover an award of reasonable
attorneys fees from Declarant in any action to enforce this Declaration. The right to enforce the terms of
this Declaration is not waived or forfeited by any forbearance or failure to act on the part of the State or
LGU. If the subject replacement area is to be used partially or wholly to fulfill permit requirements under
the Federal Water Pollution Control Act or a federal farm program, then the provisions of this Declaration
that run to the State or the LGU may also be enforced by the United States of America in a court of
competent jurisdiction.
10. This Declaration must be recorded and proof of recording submitted to the LGU or other
regulatory authority in order to be valid.
Signature of Declarant
Signature of Declarant
Windsong Fourth Addition
215833v2
STATE OF MINNESOTA )
ss.
COUNTY OF )
This instrument was acknowledged before me on
(Signature of Notarial Officer)
(Title)
My commission expires:
(date) by
Attachments: [ ] Exhibit A (legal description)
[ ] Exhibit B (map or survey of Replacement Wetland)
This instrument drafted by:
215833v2
(name(s) of person(s).
Windsong Fourth Addition
MINNESOTA WETLAND CONSERVATION ACT
AFFIDAVIT OF LANDOWNER(S)
STATE OF MINNESOTA )
( ss.
COUNTY OF )
the Affiant herein, being first duly
sworn, deposes and says:
Affiant is the owner of land described as follows, to -wit:
(see attached legal description in Declaration)
2. Affiant is well-acquainted with the above-described land.
3. As of 2 , no persons were in possession of or claiming title to said
land other than Affiant.
4. There have been no improvements made during the one hundred twenty (120) days prior to the
above date for which any mechanics' liens might have arisen.
5. All taxes and assessments levied against the property have been paid when due, and such
property is free and clear of any tax lien except for current taxes not yet due or not yet delinquent.
6. No lien for unpaid income taxes has been filed or is outstanding against the property.
7. The land described above is free of all mortgages, easements, liens and other encumbrances
except as specified on the attached Form A-2 (Consent to Replacement Wetland).
8. No judgment or decree has been entered against Affiant that remains unsatisfied.
9. Affiant has not filed a bankruptcy petition nor had one filed against him under Title 11 of the
United States Code.
Further your Affiant sayeth not.
Subscribed and sworn to before me
this day of , 2
Notary Public
AG:962 v1
Windsong Fourth Addition
215833v2
CONSENT TO REPLACEMENT WETLAND
WHEREAS,
following lands:
[Insert same legal description from Replacement Wetland
Declaration]
AND WHEREAS, the undersigned,
pursuant to:
Mortgage
Utility Easement for utility line or pipeline
which runs through the Replacement Wetland
Drainage Easement for ditch, tile line or other
drainage system which runs through the
Replacement Wetland
Contract for Deed
Lien
Other (specify
is the fee owner(s) of the
has an interest in the land
which document is dated , and was recorded on
the Office of the County Recorder for Wright County, in Book Page , as Document No.
and
in
WHEREAS, the fee owner or Landowner as defined in Minn. Rules part 8420.0110, subp. 29
intends to restore or create a Replacement Wetland under Minn. Stat. sec. 103G.222 and Minn. Rules part
8420.0530 or Minn. Rules part 8420.0740, upon the land described above.
NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the
undersigned hereby consents to the creation or restoration of the Replacement Wetland. The
undersigned acknowledges that its interest in the land on which the Replacement Wetland is located shall
be subject to all federal, state and local laws and regulations regarding wetlands, including the Declaration
of Restrictions and Covenants for Replacement Wetland that is attached hereto.
215833v2
IN TESTIMONY WHEREOF,
day of
STATE OF MINNESOTA
, the
of the undersigned, has executed this document this
Title
ACKNOWLEDGEMENT
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
by
Notary Public
Notary Stamp or Seal
THIS INSTRUMENT WAS DRAFTED BY:
Board of Water and Soil Resources
520 Lafayette Road
St. Paul, Minnesota 55155
215833v2
WINDSONG FOURTH ADDITION
KNOW ALL PERSONS BY THESE PRESENTS: That Windsong II, LLC, a Minnesota, limited liability CITY COUNCIL.
company, fee owner of the following descHbed property situated in the County of Wright. State of CITY OF OTSEGO, MINNESOTA
Minnesota to wlt This plat of WINDSONG FOURTH ADDOION was approved and accepted by the City Council of the
City of Dtsago' Minnesota, at a regular meeting thereof
Outlot A, WINDSONG THIRD ADDITION, according to the plat thereof on file and of
record in the office of tha County Recorder of Wright County. Minnesota. held on this day of , 20 .
and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Sued. 2.
Has caused the some to be surveyed and platted as WINDSONG FOURTH ADDITION and does
hereby donate and dedicate to the public for public use the public ways and the drainage and
utility easements ae created by this plat.
Mayor Clerk
In witness whereof said Wmdsong 11. I.I.C. a Minnesota limited liability company, has caused these
presents to be signed by its proper offlcer this
day of , 20_
Signed: Windsong ll, LLC
President
71m G. Flynn
STATE OF MINNESOTA
COUNTY OF
This instrument was acknowledged before me this day of
. 20 , by President. Wndsong II.
LLC, a Minnesota limited liability company, on behalf of the company
(Printed name)
Notary Public, County, Minnesota
My Commission Epiros
I, Chris Amboum, do hereby certify that this plat was prepared by me or under my direct
supervision; that I a 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 aro
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 wat lands as defined in Minnesota
Statutes, Section 505.01, Subd. 3. as of the dataof this certificate are shown and labeled on
this plat; and all public ways are shown and labeled on this plat.
Dated this day of . 20
Chris Amboum, Licensed Land Surveyor
Minnesota Ucense No. 43055
STATE OF MINNESOTA
COUNTY OF
The foregoing Surveyors Certificate was acknowledged before me this
day of . 20_. by Chris Ambourn. Land Surveyor, Minnesota
License No. 43055.
(Printed name)
Notary Public, County, Minnesota
My Commission Expires
WRI`NT COUNTY SURVEYOR
1 hereby certify that in accordance with Minnesota Statutes 505.021, Subd.
11, this plat has been reviewed and approved this day of
2D
WRIGHT COUNTY AUDIrOR/TREASURER
Pumuant to Minnesota Statutes, Seation 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 aro no delinquent taxes
and transfer entered this day of . 20 -
By:
Wright County Auditor/rmasurer Deputy
WRMHT 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 duty recorded in Cabinet
No. _, Sleeve as Document No.
Wright County Recorder
V^VWENCK a ® Stantec
WINDSONG FOURTH ADDITION
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