5.1 Parrish Meadows ll Request for
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City Council Action
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DEPARTMENT INFORMATION
ORIGINATING G DEPARTMENT , REE! ESTOR; � MPETII G DATE
Planning City Planner Licht 9 August 2021
PEEStNTER(s) REUIEWtD BY: , ITEM#
City Planner Licht City Administrator/Finance Director Flaherty 5.1 Parrish Meadows
City Engineer Wagner
City Attorney Kendall
STRATEGIC VISION
MtETS: THE CITY OF OTSEGO:
Is a strong organization that is committed to leading the community through innovative
communication.
Has proactively expanded infrastructure to responsibly provide core services.
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
X Is a social community with diverse housing, service options, and employment opportunities.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of a vacation of existing drainage and utility easements, final plat, and
development agreement.
ARE YOU SEEKING APPROVAL OF A CO TRACT? IS A PU3 UC HEARING,REOUIRED?
Yes Yes, held by Planning Commission on 3 May 2021
BACKGRC UND/JUSTIFICATION:
Tamarack Land—Parrish Meadows, LLC has submitted application for final plat approval to develop 93
townhouse dwellings, two single family lots, and two commercial lots on 24.31 acres located northwest of
Parrish Avenue (CSAH 42) and 851"Street. The City Council approved a preliminary plat for the proposed
development at their meeting on 10 May 2021. 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.
Comprehensive Plan. The Comprehensive Plan guides the east portion of the property adjacent to Parrish
Avenue (CSAH 42) for commercial development and low density residential development on the west
portion of the subject site to transition to existing single family neighborhoods further to the west. The
proposed row and quad townhouse dwellings with an open transition area to the Country Ridge
subdivision to the west provides opportunity for housing other than single family and market support for
surrounding commercial development. The type and arrangement of the commercial and residential land
uses within the final plat is consistent with the 2012 Comprehensive Plan.
Zoning. The residential portion of the final plat is zoned R-6, Residential Medium Density District, which
allows row or quad townhouses and single family dwellings as a permitted use. The two commercial lots
are zoned B-3 District. Future development of the commercial lots will be subject to zoning approvals
including site and building plan review.
Surrounding Uses. The subject site is surrounded by the following existing and/or planned land uses
shown in the table below. The preliminary plat provides the desired arrangement of row and quad
townhouse residential uses as a transition between the Parrish Avenue (CSAH 42)commercial corridor and
existing neighborhoods to the west and will be compatible with the existing and planned land uses in the
area.
Direction Land Use Plan Zoning Map Existing Land Use
North LID Residential A-1 District Rural single family dwelling
Commercial R-7 District Multiple family(Parkview Grand)
B-3 District Future commercial (Parkview Retail)
East Commercial PUD District Great River Centre of Otsego
South MHD Residential R-6 District Row townhomes(Stonegate Estates)
Urban single family lots(Stonegate Estates)
West LID Residential R-3 District Rural single family lots(Country Ridge)
Institutional INS District Future City fire station
Preliminary Plat Consistency. The subdivision site design including the number of townhouse unit lots
single family lots, and commercial lots is consistent with the preliminary plat approved by the City Council.
Single Family Lot Requirements. Single family lots within the R-6 District are to be a minimum of 9,000
square feet in area and 60 feet in width, which Lots 1 and 2, Block 27 comply with. Lots abutting properties
zoned R-3 District are further required to be a minimum of 18,000 square feet in area and 100 feet in width
to provide for a land use transition. The PUD-CUP approved with the preliminary plat allowed flexibility to
average the transition lot area and width requirements for the two lots.
Townhouse Lot Requirements. Townhouse dwellings within the R-6 District are required to provide a
minimum of 5,000 square feet in lot area per dwelling unit. The area of the townhouses is 470,890 square
feet thus the 93 townhouse dwellings have 5,063 square feet of lot area per dwelling unit, which exceeds
the requirements of the Zoning Ordinance. The R-6 District and PUD-CUP establishes minimum setbacks
that apply to the townhouse buildings as shown in the table below:
Setbacks
Public Private Drive Between Rear Wetland
ROW Buildings
25ft.dwelling 25ft.dwelling 14ft. 20ft. 40ft.
30ft.garage 30ft.garage
Commercial Lot Requirements.The preliminary plat includes two commercial lots abutting Parrish Avenue
(CSAH 42) on either side of 871" Street. The lot requirements of the B-3 District are shown in the table
below and both the proposed lots comply with these requirements:
Min. Min.
Lot Area Lot Width
1.0ac. 200ft.
Landscaping. The developer provided a landscape plan with the preliminary plat as required by Section 11-
19-2 of the Zoning Ordinance. The landscaping as shown on the approved landscape plan to be completed
as each townhouse building is completed or single family lot built upon. The landscaping shown on the
commercial lots shall be installed upon approval of the final plat. The development contract is to include a
security for the installation of the plantings shown on the approved landscape plan.
Access. The subject site abuts Parrish Avenue (CSAH 42). There is also an existing segment of 87t"Street to
the west line of the subject site. Parkview Avenue is connected at the north line of the subject site from
the Parkview Retail development. Parrish Avenue (CSAH 42) is designated as minor arterial street by the
Transportation Plan. The final plat provides for dedication of 15 feet of right-of-way for Parrish Avenue
(CSAH 42), which is subject to review and approval of Wright County. The developer will be required to
provide for reprograming of the traffic signal at 87t"Street and Parrish Avenue (CSAH 42) and installation of
east/west pedestrian crossing signals, crosswalk striping, and pedestrian ramps.
Streets. The developer will construct the west leg of 87t" Street between Parkview Avenue and Parrish
Avenue (CSAH 42)to mirror the east leg of the roadway with through and right/left turn lanes. Parkview
Avenue within the subject site is to be constructed as a commercial roadway. The proposed right-of-way is
to be 80 feet wide with a 46 foot wide street. Park Avenue/87t"Street and Street 1 are to be constructed
as local streets having a 60 foot wide right-of-way, 28 foot wide street. The proposed street sections are
consistent with the provisions of Section 10-8-5.B.1 of the Subdivision Ordinance and Engineering Manual.
Sidewalk/Trails. The submitted plans provide for a 5 foot wide sidewalk on both the north and south side
of the 87t"Street and Parkview Avenue. A sidewalk is to be provided on both sides of Parkview Avenue.
Park Avenue/87t" Street and Street 1 are to be constructed with a five foot wide sidewalk on one side. The
proposed sidewalks comply Section 10-8-5.D.2.b of the Subdivision Ordinance.
The submitted plans provide for construction of a 10 foot wide asphalt trail along Parrish Avenue (CSAH
42). The developer will be asked to construct the trail from the north line of the subject site to 87t"Street
and be reimbursed for these costs. The trail will provide for the planned connection between 87t"Street
and 88t" Street. The trail abutting Lot 1, Block 31 and Outlot A will be graded, but construction deferred
until the full connection between 85t" Street and 87t"Street can be made.
Private Drives. Streets 2, 3, and 4 shown on the final plat are to be private drives. The private drives are to
be 28 feet in width. There is a five foot wide sidewalk,which is to be overlaid by a public sidewalk
easement, on the north side of Street 4 to provide a pedestrian connection between Park Avenue and
Parkview Avenue.
Street Names. Names for Street 1 and the private drives are to be designated in accordance with the
Wright County grid system and are to be subject to review and approval of City staff.
Street Lighting. Section 8-8-4 and Section 8-4-5 of the City Code outline street light requirements for the
proposed final plat. High mounted cobra style lights are to be required at Parkview Avenue and 87t"Street.
Low scale light fixtures are required at local street intersections within the residential portion of the
preliminary plat and at the midpoint of blocks longer than 900 feet. For Parkview Avenue and 87t"Street
between Parrish Avenue (CSAH 42) and Parkview Avenue abutting the commercial lots, decorative low
scale fixtures are required to be installed every 150 feet along the sides of each street. The developer is
responsible for the cost of installation for all light fixtures and two years of operational costs at the time of
final plat approval as provided for in the development contract.
Street Signs. The developer is responsible for the cost of materials and installation for street signs within
the final plat. The number of street signs required for the development will be determined by the City
Engineer and a fee to be paid by the developer included in the development agreement.
Park and Trail Dedication. The Future Parks and Trails System Plan included in the 2012 Comprehensive
Plan does not identify acquisition of park land from the subject site. School Knoll Park and Otsego
Elementary are located to the south of 85t"Street, which provides for a neighborhood park serving this
final plat. Park dedication requirements of Section 10-8-15 of the Subdivision Ordinance are to be satisfied
as a cash fee in lieu of land to be paid at the time of final plat approval as provided for in the development
contract.
Grading Plan. The developer has submitted grading and drainage plans for the proposed final plat. Section
10-8-12.D of the Subdivision Ordinance requires storm water basins to be platted within outlots deeded to
the City for long-term maintenance,which are shown as Outlots A and B on the final plat. All grading,
drainage, erosion control issues are subject to review and approval by the City Engineer. There is no
stormwater impact fee for this plat.
Utility Plan. The developer has submitted utility plans for extension of sanitary sewer and water utilities
to serve the proposed final plat. All utility plans are subject to review and approval of the City Engineer.
The developer will be required to pay the Sewer and Water Availability Charges based on the number of
residential dwelling units and area of the two commercial lots with the final plat as provided for in the
development contract. Sewer and Water Connection Charges are to be paid at the time a building permit
is issued.
Easements. Drainage and utility easements are to be shown to be dedicated over all of all of the
townhouse base outlots and private drive outlots. There is a dedication of drainage and utility easements
the perimeter of single family and commercial lots shown on the final plat. The public hearing to consider
the preliminary plat included vacation of all existing right-of-way easements and drainage and utility
easements within the subject site. These existing easements no longer serve a public purposed upon final
platting of the subject site and reestablishment right-of-way or drainage and utility easements in
accordance with the Subdivision Ordinance. All drainage and utility easements are subject to review and
approval of the City Engineer.
Outlots. The table below outlines the purpose and ownership of the 31 outlots shown on the proposed
final plat:
Outlot Purpose Ownership
A, B Stormwater basin Deed to City
C, D, E, F, G, H, I,J, K, M, N O, P, Q, R, S, Townhouse base lot HOA
T, U, V,W, X,Y, Z, AA, BB, CC, DID, E E
L Private drive HOA
Development Contract. The City Attorney has prepared a development contract related to a final plat for
the proposed development to provide for construction of the project including completion of all public
improvements in accordance with Section 10-10-4.A of the Subdivision Ordinance. The development
contract will also provide for payment of all required fees and posting of securities as required by Section
10-10-5 of the Subdivision Ordinance.
Homeowners Association. The developer(or builder) must submit documents establishing a homeowner's
association for the townhouse portion of the development. The homeowner's association is to be
responsible for maintenance and ownership of the outlots for the townhome base lots and outlot
encompassing the private driveways. The homeowner's association documents are to be subject to review
and approval of City staff.
Recording. Section 10-5-3.13.8 of the Subdivision Ordinance requires that the final plat (and development
contract) be recorded within 100 days of City Council approval.
SUPPORTING WCUMNTS ATTACHED!
■ Final Plat
■ Wright County Highway letter dated July 23,2021
■ Resolution 2021-62 vacating existing easements
■ Findings of Fact and Decision
■ Resolution 2021-63 approving a development contract
■ Development Contract
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKC IT TO APPEAR Ifs THE MINUTES:
Motion to adopt resolution 2021-62 vacating existing drainage and utility easements; approve the final
plat of Parrish Meadows subject to the conditions stated by the Findings of Fact and Decision as presented;
and, adopt Resolution 2021-63 approving a Development Contract.
BUDGET INFORMATION
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7E355 Adam Flaherty
Otsego City Administrator
13400—90th Street NE
Wright County Otsego, MN 55330
Highway Department
3600 Braddock Ave NE
Buffalo,MN 55313 RE: Plat Review for Parrish Meadow, CSAH 42
Ph: (763)682-7383 Plat No. 21.13
Fax: (763)682-7313
VIRGIL HAWKINS,P.E. Dear Mr. Flaherty,
Highway Engineer We have received the Applications for Preliminary Plat Review for the proposed Parrish
Meadows housing development on CSAH 42. Wright County may have additional comments
CHAD HAUghway P.E. prior to signing the plat and as the ro,ect progresses to the permitting and construction phase.
Assistant Highway Engr. p g g p p l p g p g
SIEVE MEYER 1) Seventy-five(75) feet of right of way shall be dedicated as part of the plat.
Maintenance
Superintendent 2) A right of way/access permit will be required. The permit will require the existing
Agent P.L.S. shoulder to be repurposed as a southbound right turn lane. Final construction plans will be
Right-of-Way Age
JEREMY CARL reviewed as part of the permit.
SARA BUERMANN,P.E. 3) ADA improvements will be required for any proposed marked crossings of the
Traffic Engineer intersection of CSAH 42-87th St.NE,i.e.ADA complaint ramps,truncated domes,push
buttons,countdown timers, etc. Final construction plans will be reviewed as part of the
permit.
4) The proposed development drainage must not exceed existing drainage rates(i.e.,the rate
at which storm water is discharged from the site must not increase)into the County right-
of-way. The City or project developer will need to verify that all existing drainage patters
and system affecting Wright County Highway right-of-way will be perpetuated.
Please contact us at 763-682-7383 if you have any questions or need further clarification.
Sincerely,
Sara Buermann,PE
Traffic Engineer
Cc: Virgil Hawkins, County Engineer
Chad Hausmann,Assistant County Engineer
Adam Backes, County Permit Technician
D. Daniel Licht, Otsego City Planner
Diane Hamilton,Tamarack Land
Dale Willenbring,Tamarack Land
Steve Jobe, County Surveyor
Eric Stennes,Assistant County Surveyor
An Equal Opportunity Employer
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2021-62
APPROVING VACATION OF EXISTING DRAINAGE
AND UTILITY EASEMENTS WITHIN THE PLAT OF PARRISH MEADOWS
WHEREAS,Tamarack Land—Parrish Meadows, LLC (the "developer") has initiated vacation of all those
existing drainage and utility easements dedicated over the property legally by Exhibit A; and,
WHEREAS,the developer is proposing a final plat of the property described by Exhibit A that will provide
for dedication of right-of-way and drainage and utility easements as required by the Subdivision
Ordinance; and,
WHEREAS,the City Engineer has reviewed request and determined that the existing drainage and utility
easements are unnecessary for public purposes; and,
WHEREAS,the Planning Commission held a public hearing at their meeting on 3 May 2021 to consider
the vacation, preceded by required published and mailed legal notice; and,
WHEREAS,the Planning Commission heard all parties interested therein and closed the public hearing
and recommended that the City Council approve the requested vacation; and,
WHEREAS,the City Council having considered all information received finds that the existing drainage
and utility easements serve no useful public purpose and vacating the existing drainage and utility
easements would be in the public interest; and,
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA:
1. That the existing drainage and utility easements dedicated are hereby vacated upon the
recording of a final plat for Parrish Meadows.
2. The City Council hereby determines that the vacation of said existing right-of-way and drainage
and utility easements shall cause no damage to any abutting or nearby property owners and
therefore no damages are awarded to any such property owners.
1
ADOPTED by the Otsego City Council this 9th day of August, 2021.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
ATTEST:
Audra Etzel, City Clerk
2
EXHIBIT A
PROPERTY LEGAL DESCRIPTION
All that part of the Southwest Quarter of the Northeast Quarter of Section 22, Township 121, Range 23,
except the South 40 feet thereof; and also except that part platted as Otsego Fire Station No. 1 East
Addition, Wright County, Minnesota, lying northerly of the following described line:
Commencing at the northeast corner of said Southwest Quarter of the Northeast Quarter;thence
South 0 degrees 17 minutes 07 seconds East, along the east line of said Southwest Quarter of the
Northeast Quarter, a distance of 719.31 feet to the point of beginning of the line to be described;
thence North 89 degrees 51 minutes 32 seconds West a distance of 496.99 feet;thence southerly
94.57 feet along a non-tangential curve concave to the west having a radius of 814.74 feet with
chord bearing South 02 degrees 21 minutes 47 seconds East and chord length of 94.52 feet;
thence South 89 degrees 55 minutes 05 seconds West and distance of 585.31 feet; thence
southerly 31.22 feet along a non-tangential curve concave to the west having a radius of 205.00
feet with chord bearing South 04 degrees 13 minutes 07 seconds East and chord length of 31.19
feet; thence South 0 degrees 08 minutes 39 seconds West a distance of 32.41 feet; thence South
89 degrees 55 minutes 09 seconds West a distance of 30.54 feet to the northeast corner of
OTSEGO FIRE SUBSTATION NO. 1 EAST ADDITION, according to the recorded plat thereof, Wright
County, Minnesota; thence westerly along the north line of said plat to the west line of said
Southwest Quarter of the Northeast Quarter and there terminating.
Containing 24.231 acres of land, more or less.
3
% 5 Aug 21
Ujf� TY OF
t.�..7 FINDINGS& DECISION
MCNNESO-l° g Preliminary Plat/PUD-CUP
APPLICANT: Tamarack Land—Parrish Meadows, LLC
APPLICATION: Request for approval of a final plat to be known as Parrish Meadows.
CITY COUNCIL MEETING: 9 August 2021
FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes
the following findings of fact:
A. The legal description of the property is attached as Exhibit A.
B. The property lies within the East Sewer District and is guided low density residential and commercial
land uses by the 2012 Otsego Comprehensive Plan, as amended.
C. The property is zoned R-6, Residential Medium Density District and B-3, General Business District.
D. The applicant is proposing a final plat to be known as Parrish Meadows consisting of two single family
lots, 93 townhouse dwellings, and two commercial lots.
E. A preliminary plat and PUD-CUP was approved for the subject site by the City Council on 10 May 2021.
F. The Request for Council Action 9 August 2021 prepared by the City Planner, The Planning Company
LLC, is incorporated herein.
G. 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 request is hereby APPROVED,
subject to the following conditions:
1. The developer shall execute a Development Contract as drafted by the City Attorney and subject to
approval of the City Council at the time of final plat approval.
2. The townhouse site and buildings shall be developed in accordance with the plans and information on
file with the City subject to stipulations of approval of the preliminary plat and PUD-CUP in accordance
with Section 11-9-4 of the Zoning Ordinance.
3. Right-of-way dedication for Parrish Avenue (CSAH 42) shall be subject to review and approval of
Wright County.
4. All street right-of-way, design, and construction plans, private drives, street names, and street
lighting shall be subject to review and approval of the City Engineer.
1
5. The developer shall grade for construction of a 10 foot wide asphalt trail along Parrish Avenue (CSAH
42) and escrow funds as determined by the City Engineer to be used by the City for future
construction of the trail.
6. The sidewalk on Street 4 shall be overlaid by a public sidewalk easement between Park Avenue and
Parkview Avenue.
7. The landscape plan approved with the preliminary plat shall be installed as each townhouse building
is complete and upon the commercial lots, subject to security as provided by the Development
Contract.
8. Park dedication requirements shall be satisfied as a cash fee in lieu of land to be paid at the time of
final plat approval in accordance with the fee schedule then in effect.
9. All grading, drainage, and erosion control plans shall be subject to review and approval of the City
Engineer.
10. Outlots A and B shall be deeded to the City for storm water management purposes.
11. All utility plans shall be subject to review and approval of the City Engineer.
12. The developer shall pay utility availability charges for the final plat as provided for by the
Development Contract.
13. OutlotsC, D, E, F, G, H, I,J, K, M, NO, P, Q, R, S,T, U,V, W, X, Y, Z, AA, BB, CC, DID, and EE shall be
overlaid by drainage and utility easements and deeded to a homeowners association.
14. All drainage and utility easements shall be subject to review and approval of the City Engineer.
15. Documents establishing a Homeowners Association shall be submitted and are to be subject to
review and approval of City staff prior to recording the final plat.
16. The final plat shall be recorded within 100 days of City Council approval as required by Section 10-5-
3.13.8 of the Subdivision Ordinance.
2
ADOPTED by the Otsego City Council this 9th day of August, 2021.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
ATTEST:
Audra Etzel, City Clerk
3
EXHIBIT A
PROPERTY LEGAL DESCRIPTION
All that part of the Southwest Quarter of the Northeast Quarter of Section 22,Township 121, Range 23, except
the South 40 feet thereof, and also except that part platted as Otsego Fire Station No. 1 East Addition,Wright
County, Minnesota, lying northerly of the following described line:
Commencing at the northeast corner of said Southwest Quarter of the Northeast Quarter; thence
South 0 degrees 17 minutes 07 seconds East, along the east line of said Southwest Quarter of the
Northeast Quarter, a distance of 719.31 feet to the point of beginning of the line to be described;
thence North 89 degrees 51 minutes 32 seconds West a distance of 496.99 feet;thence southerly 94.57
feet along a non-tangential curve concave to the west having a radius of 814.74 feet with chord bearing
South 02 degrees 21 minutes 47 seconds East and chord length of 94.52 feet;thence South 89 degrees
55 minutes 05 seconds West and distance of 585.31 feet; thence southerly 31.22 feet along a non-
tangential curve concave to the west having a radius of 205.00 feet with chord bearing South 04
degrees 13 minutes 07 seconds East and chord length of 31.19 feet;thence South 0 degrees 08 minutes
39 seconds West a distance of 32.41 feet; thence South 89 degrees 55 minutes 09 seconds West a
distance of 30.54 feet to the northeast corner of OTSEGO FIRE SUBSTATION NO. 1 EAST ADDITION,
according to the recorded plat thereof, Wright County, Minnesota; thence westerly along the north
line of said plat to the west line of said Southwest Quarter of the Northeast Quarter and there
terminating.
Containing 24.231 acres of land, more or less.
4
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2021-63
APPROVING A DEVELOPMENT CONTRACT FOR
PARRISH MEADOWS
WHEREAS,Tamarack Land — Parrish Meadows, LLC (the "developer") is proposing development of Parrish
Meadows; and
WHEREAS,a final plat for the development was approved on 9 August 2021 by the City Council;and
WHEREAS, Section 10-10-4.A of the Subdivision Ordinance requires the developer to enter into a
development contract to provide the City construction and warranty securities for the public and private
improvements and to provide the City various remedies in the event that the developer breaches the
terms and conditions of said contract; and
WHEREAS,those obligations are outlined and memorialized in the attached Development Contract.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO,MINNESOTA THAT:
1. The Development Contract attached hereto between the City of Otsego and Tamarack Land—Parrish
Meadows, 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.
1
ADOPTED by the Otsego City Council this 91"day of August, 2021.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
ATTEST:
Audra Etzel, City Clerk
2
(reserved for recording information)
DEVELOPMENT CONTRACT
AND PLANNED UNIT DEVELOPMENT AGREEMENT
PARRISH MEADOWS
CONTRACT dated , 20217 by and between the CITY OF OTSEGO, a
Minnesota municipal corporation ("City"), and TAMARACK LAND — PARRISH MEADOWS, LLC, a
Minnesota limited liability company (the "Developer').
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for PARRISH MEADOWS (referred to in this Contract as the "plat"). The land is situated in the County of
Wright, State of Minnesota, and is legally described on Exhibit A attached hereto and made a part hereof:
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat.
3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade
or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City
Engineer following approval of a preliminary plat by the City Council, construct sewer lines, water lines,
streets, utilities, public or private improvements, or any buildings until all the following conditions have been
satisfied: 1) this contract has been fully executed by both parties and filed with the City Clerk, 2) the
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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:
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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/Infiltration Basins, and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
K. Sidewalks and Trails
L. Retaining Walls
M. Landscaping
The improvements shall be installed in accordance with the City subdivision ordinance; City
standard specifications for utility and street construction; and any other ordinances including Chapter 6 of
the City Code concerning erosion and sediment control. The Developer shall submit plans and
specifications which have been prepared by a competent Minnesota registered professional engineer to the
City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field
inspection personnel to assure an acceptable level of quality control to the extent that the Developer's
engineer will be able to certify that the construction work meets the approved City standards as a condition
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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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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 shall construct the public streets within the Plat in accordance
with Plan D.
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
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guarantee to the City for a period of two (2) years the streets have been constructed to City standards. The
warranty period shall not commence until such time as street construction is completed and the streets are
accepted as City streets by the City. The two (2) year warranty period set forth above commences upon the
date on which the City accepts the streets by resolution.
14. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with plat development.
15. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall
be implemented by the Developer and inspected and approved by the City. The City may impose
additional erosion control requirements if they would be beneficial. All areas disturbed by the grading
operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in
accordance with the City's current seeding specification which may include temporary seed to provide
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as
necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the
Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion
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 and certificates of occupancy 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
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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 and certificates of occupancy 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 and building pads
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 and certificates of
occupancy.
Before a building permit and certificate of occupancy 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 and "as
constructed" grading plan. 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 and "as-constructed" grading plan 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 as-built survey and "as-constructed" grading plan, 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$469,855.95 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 $713,840.00 for Lateral and Trunk Sanitary
Sewer which is due upon final plat approval.
The Developer shall pay a cash fee in the amount of$46,679.68 for the Sewer Availability Charge
("SAC') for commercial development at the time of plat approval which is calculated as follows:
50.5 Acres X $2,641/REC X 3.5 REC/Acres = $46,679.68
The Developer shall pay a cash fee in the amount of$250,895.00 for the Sewer Availability Charge
("SAC') for residential development at the time of plat approval which is calculated as follows:
95 REC X $2,641/REC = $250,895.00
21. LATERAL AND TRUNK WATERMAIN. The Developer shall post a security in the
amount of$597,479.60 for the installation of lateral and trunk watermain and connection. The Developer
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shall pay a cash fee in the amount of$32,592.70 for the Water Availability Charge ("WAC") for commercial
development at the time of plat approval which is calculated as follows:
5.05 Acres X $1,844/REC X 3.5 REC/Acre = $32,592.70
The Developer shall pay a cash fee in the amount of$175,180.00 for the Water Availability Charge
("WAC") for residential development at the time of plat approval which is calculated as follows:
95 REC X $1,844/REC = $175,180.00
22. SEWER CONNECTION CHARGE AND WATER CONNECTION CHARGE. The
Developer shall pay to the City required water and sewer connection charges. The water and sewer
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. 87T" STREET AND PARRISH AVENUE IMPROVEMENTS. The Developer is responsible
for the reprogramming of the traffic signal at the intersection of 87th Street and Parrish Avenue (CSAH No.
42) and shall comply with all requirements of Wright County for constructing improvements along CSAH
No. 42, including but not limited to the following:
A. Seventy five (75) feet of right of way shall be dedicated as part of the plat;
B. The Developer shall obtain all required permits from Wright County including a Right of Way
Permit and an Access Permit and shall post a bond or letter of credit as required under
these Permits and these permits will require the existing shoulder to be repurposes as a
southbound turn lane;
C. The Developer shall submit final construction plans to Wright County for review by Wright
County prior to the County issuing the required Permits;
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D. The Developer shall construct ADA improvements as required for any proposed marked
crossings of the intersection of CSAH No. 42 / 871h Street NE, such as ADA compliant
ramps, truncated domes, push buttons, countdown timers, and similar improvements.
E. The proposed Developer drainage shall not exceed existing drainage rates (meaning that
the rate at which storm water is discharged from the site must not increase) into County
right of way. The Developer shall verify that all existing drainage patterns and systems
affecting Wright County Highway right of way shall continue to function as they did prior to
the project.
25. PRIVATE DRIVES. The street names for the private drives are to be designated in
accordance with the Wright County grid system and are subject to review and approval of City staff. The
Streets delineated as Streets 2, 3, and 4 on the final plat will be owned and maintained by the
Homeowners Association established with development of Parrish Meadows. The Developer shall install a
five foot wide concrete sidewalk on the north side of Street 4 to provide a pedestrian connection between
Park Avenue and Parkview Avenue. The Developer shall grant to the City a permanent easement for
public sidewalk purposes for the sidewalk on the north side of Street 4.
26. PARK DEDICATION. The Developer shall pay a cash contribution of $62,580.00 in
satisfaction of the City's park dedication requirements for the commercial development in Parrish
Meadows. The charge is calculated as follows:
8.94 Acres X $7,000.00/Acre = $62,580.00
The Developer shall pay a cash contribution of $273,600.00 in satisfaction of the City's park
dedication requirements for the residential development in Parrish Meadows. The charge is calculated as
follows:
95 Units X 2,880/Unit = $273,600.00
The Developer shall install a 10 foot wide asphalt public trail along Parrish Avenue (CSAH No. 42)
from the north line of the subject site to 87th Street. The trail will provide for the planned connection
between 87th Street and 88th Street. The City will provide a credit to the Developer in the amount of
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$16,415.00 for the portion of trail to be constructed by the Developer with the development of Parrish
Meadows from 881h Street to the north property line of the subject site.
The Developer shall grade for the trail abutting Lot 1, Block 31 and Outlot A, but construction will be
deferred until the full connection between 851h Street and 871h Street can be made. The Developer shall
pay a cash fee in the amount of $9,712.00 for the portion of trail to be constructed in the future from 871h
Street to the south property line of the subject site.
27. TRAFFIC CONTROL SIGNS. The Developer shall pay a cash fee to the City in the
amount of$9,500.00 for installation of traffic control signs. The fee is calculated as follows: thirty eight (38)
traffic signs at $250.00 per street sign.
28. 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 $31,800.00 for above standard street lights required for the
commercial development. The fee is calculated as follows: six (6) street lights at $5,300.00 per street
light (above standard) _ $31,800.00.
The Developer shall pay to the City a cash fee in the amount of $1,000.00 for standard street
lights required for the residential development. The fee is calculated as follows: two (2) street lights at
$500.00 per street light (standard) _ $1,000.00.
29. LANDSCAPING. The Developer or lot purchaser shall plant least two (2) trees on every
single family lot in the plat, one (1) 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 (2'/2) inches caliper, balled and burlapped. Evergreen trees must be at least
eight feet (8') tall. The trees may not be planted in the right-of-way. Before a building permit is issued for
a single family lot, a cash escrow 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
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completed in a timely manner, the City may enter the lot, perform the work, and apply the cash escrow
toward the cost.
Landscaping within the townhouse baselots within the plat shall be installed in accordance with
the approved landscape plan. The Developer shall post a $118,590.00 landscaping security at the time
of final plat approval to ensure that the landscaping is installed in accordance with the approved
Landscape Plan.
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. 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.
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. 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.
30. 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
August 9, 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 townhouse site and buildings shall be developed in accordance with the plans and
information on file with the City subject to stipulations of approval of the preliminary plat and
PUD-CUP in accordance with Section 11-9-4 of the Zoning Ordinance.
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D. The Developer shall submit documents establishing a Homeowners Association for the
townhouse portion of the development, subject to review and approval of City staff and the City
Attorney prior to recording of the final plat.
E. The Developer shall dedicate permanent drainage and utility easements on the plat to the City
for Outlots C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z, AA, BB, CC, DD
and EE.
F. The Developer shall convey Outlots C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W,
X, Y, Z, AA, BB, CC, DD, and EE to the Homeowners Association established with the
development of Parrish Meadows.
G. All utility plans shall be subject to review and approval of the City Engineer.
H. Right-of-way dedication as well as roadway, trail, traffic control, and pedestrian improvements
for Parrish Avenue (CSAH No. 42) shall be subject to review and approval of Wright County.
I. All street right-of-way, design, and construction plans, private drives, street names, and street
lighting shall be subject to review and approval of the City Engineer.
J. The Developer shall grant to the City a permanent easement for public sidewalk purposes for
the sidewalk to be constructed between Park Avenue and Parkview Avenue on Street 4.
K. The final plat shall be recorded within 100 days of City Council approval as required by Section
10-5-3.B.8 of the Subdivision Ordinance.
L. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of
the proposed property to be platted with all property corner monumentation in place and marked
with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the
survey. The Developer's land surveyor certifies that all irons have been set following site
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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M. The Developer shall provide an escrow for the preparation of record construction drawings and
City base map updating. This escrow is calculated at $100.00 per acre for a total escrow of
$2,430.00.
N. The Developer is required to submit the final plat in electronic format. The electronic format
shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g.,
grading, utilities, streets) shall be in electronic format in accordance with standard City
specifications.
31. 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
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(a flat fee due upon execution of this Agreement), Transportation Infrastructure Costs (a flat fee due upon
execution of this Agreement), Park and Trail Dedication Fees (a flat fee due upon execution of this
Agreement), Street Light Maintenance and Operation Fee (a flat fee due upon execution of this Agreement)
and shall be as stated by the Financial Summary.
This escrow amount shall be submitted to the City prior to the City executing this Agreement.
All administrative and legal fees related to plan review, drafting of this Agreement and any other necessary
items shall be paid to the City prior to execution of this Agreement. Any amounts for legal and engineering
not utilized from this escrow fund shall be returned to the Developer when all improvements have been
completed, all financial obligations to the City satisfied, and the required "as constructed" plans have been
received by the City.
All other amounts listed as flat fees are non-refundable and available immediately for City use
when posted.
32. 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.
33. SUMMARY OF SECURITY REQUIREMENTS. The amount of the security described
above is calculated as follows:
CONSTRUCTION COSTS:
A. Sanitary Sewer— Lateral and Trunk $713,840.00
B. Watermain — Lateral and Trunk 597,479.60
C. Storm Sewer - Lateral 469,855.95
D. Streets 691,170.98
E. Signal Improvements 18,796.00
CONSTRUCTION SUB-TOTAL $2,491,142.53
OTHER COSTS:
A. Engineering & Surveying Construction Services (6.5%) $161,924.26
B. Landscaping 118,590.00
OTHER COSTS SUB-TOTAL $280,514.26
TOTAL—SUBTOTAL $2,771,656.79
TOTAL IRREVOCABLE LETTER OF CREDIT $3,464,570.99
FOR SECURITY (125% OF SUBTOTAL
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ESCROW
A. City Legal Expenses (Est. 1.0% of$2,491,142.53) $24,911.43.
B. City Construction Observation (Est. 8.0% of$2,491,142.53) 199,291.40
C. GIS Data Entry Fee $2,430.00
ESCROW TOTAL $226,632.83
This breakdown is not a restriction on the use of the security.
34. 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 (1.0% of 2,491,142.53) $24,911.42
B. Trunk Sewer Access Fee (SAC) Commercial Development 46,679.68
Trunk Sewer Access Fee (SAC) Residential Development 250,895.00
C. Trunk Water (WAC) Commercial Development 32,592.70
Trunk Water (WAC) Residential Development 175,180.00
D. Park Dedication Commercial Development $62,580.00
Park Dedication Residential Development 273,600.00
Trail construction (871h St. to south plat line) $9,712.00
E. Traffic Control Signs 9,500.00
F. Street Light Operating Fee —Above Standard 31,800.00
Street Light Operating Fee — Standard 1,000.00
TOTAL CASH REQUIREMENTS $918,450.80
35. DEVELOPMENT CREDITS. The following is a summary of Developer credits from the
City:
A. Trunk Sanitary Sewer $413,461.83
B. Trail
(881h St. to north property line (constructed now) 16,415.00
TOTAL DEVELOPMENT CREDITS $429,876.83
36. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship, other than as set forth hereafter in
this Section 35, for a period of one (1) year. The warranty period for streets is two (2) years as specified in
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this Contract. The warranty period for underground utilities is two (2) years and shall commence following
completion and acceptance by City Council. A minimum of 10% of the total security as specified above in
the portion of Section 33 of this Contract shall be retained as warranty security calculated as follows.
DEVELOPMENT WARRANTY LETTER OF CREDIT
A. Sanitary Sewer $107,076.00
B. Watermain 89,621.94
C. Storm Sewer 70,478.39
D. Streets 60,100.00
E. Erosion & Sedimentation Control 23,750.00
TOTAL WARRANTY LETTER OF CREDIT $351,026.33
37. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City
in conjunction with the development of the plat, including but not limited to Soil and Water
Conservation District charges, legal, planning, engineering and construction observation
inspection expenses incurred in connection with approval and acceptance of the plat, the
preparation of this Contract, review of construction plans and documents, and all costs and
expenses incurred by the City in monitoring and inspecting development of the plat.
B. The Developer shall hold the City and its officers, employees, and agents harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees,
and agents for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract,
including engineering and attorneys' fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is
attached, all special assessments referred to in this Contract. This is a personal obligation of
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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.
38. 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.
39. 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.
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B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for
any reason held invalid, such decision shall not affect the validity of the remaining portion of this
Contract.
E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior
to issuance of any building permits.
F. If building permits are issued prior to the acceptance of public improvements, the Developer
assumes all liability and costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its contractors, subcontractors,
material men, employees, agents, or third parties. No sewer and water connections or
inspections may be conducted and no one may occupy a building for which a building permit is
issued on either a temporary or permanent basis until the streets needed for access have been
paved with a bituminous surface and the utilities are accepted by the City Engineer.
G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of
this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties
and approved by written resolution of the City Council. The City's failure to promptly take legal
action to enforce this Contract shall not be a waiver or release.
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
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Contract. The Developer covenants with the City, its successors and assigns, that the
Developer is well seized in fee title of the property being final platted and/or has obtained
consents to this Contract, in the form attached hereto, from all parties who have an interest in
the property; that there are no unrecorded interests in the property being final platted; and that
the Developer will indemnify and hold the City harmless for any breach of the foregoing
covenants.
I. Insurance. Prior to execution of the final plat, Developer and its general contractor shall
furnish to the City a certificate of insurance showing proof of the required insurance required
under this Paragraph. Developer and its general contractor shall take out and maintain or
cause to be taken out and maintained until six (6) months after the City has finally accepted
the public improvements, such insurance as shall protect Developer and its general contractor
and the City for work covered by the Contract including workers' compensation claims and
property damage, bodily and personal injury which may arise from operations under this
Contract, whether such operations are by Developer and its general contractor or anyone
directly or indirectly employed by either of them. The minimum amounts of insurance shall be
as follows:
Commercial General Liability(or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
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:
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• $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.
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
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City, at law or in equity, or under any other agreement, and each and every right, power and
remedy herein set forth or otherwise so existing may be exercised from time to time as often
and in such order as may be deemed expedient by the City and shall not be a waiver of the
right to exercise at any time thereafter any other right, power or remedy.
L. The Developer may not assign this Contract without the written permission of the City Council.
The Developer's obligation hereunder shall continue in full force and effect even if the
Developer sells one or more lots, the entire plat, or any part of it, until the City's issuance of a
Certificate of Completion and Release.
M. Retaining walls over four feet in height shall be constructed in accordance with plans and
specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be filed
with the Building Official evidencing that the retaining wall was constructed in accordance with
the approved plans and specifications. All retaining walls identified on the development plans
and by special conditions referred to in this Contract shall be constructed before any other
building permit is issued for a lot on which a retaining wall is required to be built. All retaining
walls must comply with the City's engineering manual and the City's zoning ordinance.
N. Should the Developer convey any lot or lots in the Development to a third party, the City and the
owner of that lot or those lots may amend this Development Contract or other city approvals or
agreements for development or use of those lots without the approval or consent of the
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.
40. 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
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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
BY:
Jessica L. Stockamp, Mayor
(SEAL)
AND
Audra Etzel, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
20217 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:
TAMARACK LAND — PARRISH MEADOWS, LLC
BY:
Its
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
20217 by the of
Tamarack Land — Parrish Meadows, LLC, a Minnesota limited liability company, on behalf of said
entity.
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone: 651-452-5000
DSK/smt
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EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted as
PARRISH MEADOWS
All that part of the Southwest Quarter of the Northeast Quarter of Section 22, Township 121, Range
23, except the South 40 feet thereof; and also except that part platted as Otsego Fire Station No. 1
East Addition, Wright County, Minnesota, lying northerly of the following described line:
Commencing at the northeast corner of said Southwest Quarter of the Northeast Quarter; thence
South 0 degrees 17 minutes 07 seconds East, along the east line of said Southwest Quarter of the
Northeast Quarter, a distance of 719.31 feet to the point of beginning of the line to be described;
thence North 89 degrees 51 minutes 32 seconds West a distance of 496.99 feet; thence southerly
94.57 feet along a non-tangential curve concave to the west having a radius of 814.74 feet with
chord bearing South 02 degrees 21 minutes 47 seconds East and chord length of 94.52 feet; thence
South 89 degrees 55 minutes 05 seconds West and distance of 585.31 feet; thence southerly 31.22
feet along a non-tangential curve concave to the west having a radius of 205.00 feet with chord
bearing South 04 degrees 13 minutes 07 seconds East and chord length of 31.19 feet; thence South
0 degrees 08 minutes 39 seconds West a distance of 32.41 feet; thence South 89 degrees 55
minutes 09 seconds West a distance of 30.54 feet to the northeast corner of OTSEGO FIRE
SUBSTATION NO. 1 EAST ADDITION, according to the recorded plat thereof, Wright County,
Minnesota; thence westerly along the north line of said plat to the west line of said Southwest
Quarter of the Northeast Quarter and there terminating.
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[BANK LETTERHEAD]
IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of Otsego
City Hall
13400 90th Street NE
Otsego, Minnesota 55330
Dear Sir or Madam:
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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