ITEM 4.1 Hertiage Pointe 1st Add011
OtSTF O
MINNESOTAeV
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
24 March 2014
PRESENTER(s):
REVIEWED BY:
ITEM #:
City Planner Licht
City Administrator Johnson
4.1— Heritage Pointe 1" Add.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of the Heritage Pointe 1St Addition final plat and development
ARE YOU SEEKING APPROVAL OF A CONTRACT?
Yes
BA C KG R O U N D/J U STI F I CATION :
IS A PUBLIC HEARING REQUIRED?
M
DR Horton has submitted application for final plat approval of 27 single family lots to be known as
Heritage Pointe 1" Addition, which includes three lots of record platted with the Zimmer Farms final
plat. The City Council approved the preliminary plat and PUD -CUP for the preliminary plat then known
as Zimmer Farms NW on 9 December 2013.
Preliminary Plat Consistency. The final plat is consistent with the design for this area of the
development shown on the preliminary plat.
■ Zoning. The subject site is zoned, R-6 Residential Medium Density District, which allows single
family dwellings as a permitted use. The subject site is also within the Shoreland Overlay
District of a natural environment lake west of MacIver Avenue.
Lot Requirements. Under the PUD -CUP approved with the preliminary plat, single family lots
within Heritage Pointe 1St Addition are subject minimum requirements shown below. All of the
proposed lots illustrated on the final plat comply with these requirements.
Lot
Area
Lot
Width
Lot
Depth
Setbacks
Front
Side
Rear
Interior
9,000sf.
(net)
60ft.
100ft.
35ft.
7ft.
Interior: 20ft.
70th St.: 65ft.
MacIver Ave.: 50ft.
Corner
90ft.
30ft.
Landscaping. The preliminary plat/PUD-CUP approval for Martin Farms included a landscape
plan to provide for boulevard landscaping along the public streets as well as buffer yard
plantings required by Section 20-16-7.D of the Zoning Ordinance along MacIver Avenue and 70th
Street. The will be required to install this landscaping as a condition of final plat approval.
Access/Streets. Streets within the proposed final plat are designed with a 60 foot right-of-way
and 28 foot street section with concrete curb and gutter. A five foot wide concrete sidewalk will
be constructed along one side of all public streets as required by the Subdivision Ordinance and
Engineering Manual. All street construction plans are subject to review and approval of the City
Engineer. A temporary cul-de-sac is to be constructed together with placement of a sign
identifying future extension of the public street at the termini of 68th Circle and Manchester
Avenue. The developer will pay a collector street access fee of $1,690/lot as part of the
development contract for the construction of MacIver Avenue equal to $113,320.
o 24 lots not previously final platted x $1,690/lot = $40,560.00
■ Park and Trail Dedication. Park and trail dedication requirements for the Zimmer Farms NW
preliminary plat is to be met as a cash fee in lieu of land as the Future Parks and Trails Plan
included in the Comprehensive Plan does not designate any area within the subject site for park
land acquisition. The calculation of park and trail dedication fees in lieu of land is shown as
follows:
o 24 lots not previously final platted x $3,348/lot = $80,352.00
Grading and Drainage Plans. The developer has submitted grading and drainage plans for the
area of the proposed final plat. All grading and drainage plans are subject to review and
approval by the City Engineer. Outlot A is established to accommodate a stormwater basin at
the northwest corner of the plat and must be deeded to the City in accordance with Section 21-
7-15.D of the Subdivision Ordinance. The developer is required to pay a Stormwater Impact
Charge for Otsego Creek at the time of final plat approval calculated at $3,175/net acre with the
development contract.
o 27 net acres x $3,175/net acre = $85,725.00
Utilities. The developer has submitted utility plans for the area of 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 of:
o Water Availability Charge: $1,566/REC x 24 lots not previously final platted = $37,584
o Sewer Availability Charge: $2,200/REC x 24 lots not previously final platted = $52,800
Outlot B. Outlot B is the remainder of the property within the Zimmer Farms NW preliminary
plat not being final platted and minus the stormwater basin within Outlot A and is reserved for
future development.
■ Easements. The final plat illustrates drainage and utility easements at the perimeter of each
single family lot. The easements along the south lines of Lots 9, Block 4 and Lot 1, Block 5 must
be revised to be a minimum 20 feet wide for the required buffer yard plantings adjacent to 70th
Street. All easements are subject to review and approval of the City Engineer.
■ Street Lighting. Section 6-8-4 of the City Code specifies installation of street lighting for new
subdivisions. Type I lighting will be required to be installed by the developer at the corner of
Marlowe Avenue/68th Circle and Manchester Avenue/68th Circle and the terminus of
Manchester Court. The development contract will provide for payment of the street light
operation fee of $2,000/fixture as established by the City Code.
■ Development Agreement. The City Attorney has drafted a development agreement 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 Agreement 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.
SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE
A. Site Location
B. Engineering Review dated March 7, 2014
C. Findings of Fact and Decision
D. Resolution 2014-17 approving the Development Agreement
E. Development Agreement
F. Final Plat
G. Overall Grading Plan
H. Overall Utility Plan
POSSIBLE MOTION
Please word motion as you would like it to appear in the minutes.
Motion to approve the Heritage Pointe 15t Addition final plat subject to the conditions as outlined in the
Findings of Fact and Decision and adopt Resolution 2014-17 approving a Development Agreement.
BUDGET INFORMATION
FUNDING: BUDGETED: ❑ YES
NA o NO
ACTION TAKEN
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
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ENGINEERING REVIEW
Residential Subdivision
for the City of Otsego
by
Hakanson Anderson
Review No. 2
Submitted to: Francis D. Hagen II, P.E., Westwood Professional Services
cc: Lori Johnson, Administrator
Tami Loff, City Clerk
Dan Licht, City Planner
Andy MacArthur, City Attorney
Mike Suel, DR Horton, Inc.
Reviewed by: Ronald J. Wagner, P.E.
Brent M. Larson, P.E.
Date: March 7, 2014
Proposed
Development: Heritage Pointe 1st Addition (formerly Zimmer Farms NW)
Street Location A portion of the NW 1/4 of the NW 1/4 of S31, T121, R23.
of Property: South of 70th Street, east of Maciver Avenue, West of Marlowe
Avenue.
Applicant: Mike Suel
Developer: DR Horton, Inc.
20860 Kenbridge Court, Suite 100
Lakeville, MN 55044
Owners of Record: DR Horton, Inc.
Purpose: Heritage Pointe 1 st Addition is a proposed 27± acre, 27 lot single-
family residential development within the 140± acres of the
original Zimmer Farms development in the City of Otsego, Wright
County, Minnesota. The proposed development will be served
with municipal water, sanitary sewer, storm sewer, and public
streets typical of an urban setting.
Jurisdictional Agencies: City of Otsego, Wright County, Minnesota Department of
(but not limited to) Health, Minnesota Department of Natural Resources, Minnesota
Pollution Control Agency, Wright Soil and Water Conservation
District.
Permits Required: NPDES, Minnesota Department of Health (water), and
(but not limited to) Minnesota Pollution Control Agency (sanitary sewer)
TABLE OF CONTENTS
INFORMATION AVAILIBLE
PRELIMINARY PLANS
EXISTING CONDITIONS
FINAL PLAT
CONSTRUCTION PLANS
COVER SHEET
OVERALL UTILITY PLAN
SANITARY SEWER AND WATERMAIN PLAN
STORM SEWER AND STREET PLANS
DETAILS
DEVELOPMENT, GRADING, DRAINAGE AND EROSION CONTROL PLAN
STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
HYDROLOGY/STORMWATER
OTHER CONSIDERATIONS
SUMMARY AND/OR RECOMMENDATION
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INFORMATION AVAILABLE
Final Plat for Heritage Pointe 1St Addition, received 1/31/14, by Westwood Professional
Services, Inc.
Development, Grading, Drainage and Erosion Control Plans for Heritage Pointe 1st and 2nd
Addition, 2/11/14, by Westwood Professional Services, Inc.
Construction Plans for Heritage Pointe 1St Addition, 2/11/14, by Westwood Professional
Services, Inc.
Storm Sewer Design Calculations, 1/28/14, bu Westwood Professional Services, Inc.
Preliminary Plat Submittal, 11/11/13, by Westwood Professional Services, Inc.
Preliminary Stormwater Runoff Calculations, 11/11/13, by Westwood Professional Services, Inc.
Original Zimmer Farms Addition Information
Construction Plans for Zimmer Property, 5/21/04 revision with sheets 1-2A, 5-8, 15, 16, 19, &
23 revised 6/4/04, by Westwood Professional Services, Inc.
Grading, Drainage & Erosion Control Plan for Zimmer Farms, 6/4/04 revision, by Westwood
Professional Services, Inc.
Final Stormwater Runoff Calculations, 3/31/04, by Westwood Professional Services, Inc.
Storm Sewer Design Calculations, 4/14/04, by Westwood Professional Services, Inc.
Final Plat of Zimmer Farms, sent 6/8/04, by Westwood Professional Services, Inc.
Additional Information
Minnesota Rules, Chapter 4410 — EAW Requirement
Trunk Stormwater Facilities Study for Portions of the Otsego Creek Watershed
City of Otsego Engineering Manual
City of Otsego Zoning and Subdivision Ordinances
National Wetland Inventory Map
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PRELIMINARY PLANS
Revised preliminary plans have not been received. The City would like the following revisions
made to the preliminary plans and the plans submitted for the file since the requested information
will not appear in the final plans.
All sheets shall be certified by a licensed Land Surveyor or Professional Engineer.
Existing Conditions
1) Section corners and section lines shall be clearly depicted and labeled on the plan. (21-6-
2.A.2.)
2) Boundary lines to include bearings, distances, curve data, shall be clearly indicated in the
plans. (21-6-2.B.1)
3) Existing zoning classifications for land in and abutting the subdivision shall be shown on the
plan. (21-6-2.B.2.)
4) Location, size, and elevations of existing storm sewer and culverts, or any other underground
facility within 150 feet of the proposed plat, shall be shown on the plan. (21-6-2.13.5.)
5) Adjoining unsubdivided and subdivided, within 150 feet of the plat, shall be identified by
name and ownership, include all contiguous land owned or controlled by the applicant. (21-
6-2.13.6.)
FINAL PLAT
1) Drainage and Utility easement is needed over all of Outlot A.
2) Additional easement is required to cover the storm sewer pipe along the west property lines
of Lot 10, Block 1, and Lots 1 & 4, Block 2 and near Lot 1, Block 4 and along the south edge
of the plat in Outlot B. A 20' wide drainage and utility easement shall be centered over all
utilities.
3) The existing Manchester Avenue street stub shall be covered by an easement.
4) Manchester Court exceeds the maximum cul-de-sac length of 500'. An emergency access to
the south shall be provided (i.e. construct the remaining portion of Manchester Avenue or a
temporary route). If a temporary access route is provided, gates or knock down barriers shall
be included to prevent public use.
CONSTRUCTION PLANS
Cover Sheet (Sheet 1)
1) List the benchmark(s) to be used.
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Overall Utility Plan (Sheet 2)
2) Mailbox locations shall be shown in the plans. A postmaster approved cluster locking
mailbox is required. Call out location and number of units for each mailbox. Please submit
product information for review.
3) A temporary cul-de-sac is required at the west end of 68th Circle.
4) Verify the size of CBMH 501 will work with a 24" and 21" pipe at 90 degrees.
Sanitary Sewer and Watermain (Sheets 3-6)
5) Label the elevations, sizes and types of all existing utilities that are being connected to or
utilized by Heritage Pointe. (All sheets)
6) An existing gate valve is already in place at the intersection of 68th Street and Marlowe
Avenue. Remove the new proposed valve at this connection point. The contractor will be
required to test against this existing valve.
7) Move the gate valve from the east leg to the west leg of the watermain at the intersection of
68th Street and Manchester Avenue.
8) The existing curb stops to Lot 1, Block 1 and Lot 2 Block 3 shall be removed or cut off a
minimum of 4' below the finished ground surface.
9) Note A_ also applies to the services to Lots 7-9, Block 1 and future Lot 1, Block 2A and at the
storm sewer/watermain crossing at Manchester Court and Manchester Avenue (a minimum
of 12" of separation is required with insulation).
10) Add (See Std. Plt. 307) to the note regarding the sanitary sewer castings.
11) The sanitary sewer manholes in the plan view of Sheet 4 & 5 are mislabeled.
Street and Storm Sewer (Sheet 6-11)
12) Label the elevations, sizes and types of all existing utilities that are being connected to or
utilized by Heritage Pointe. (All sheets)
13) Provide horizontal centerline information for all streets. All streets shall have minimum 250'
radii and 100' tangents between curves.
14) Provide existing and proposed centerline elevations in the profile of 68th Street.
15) Need 0.8 points fall across CBMH 509.
16) Existing curb elevations would be helpful at the intersection of 68th Street and Marlowe
Avenue even though this is an existing intersection.
17) The contours to not agree with the inverts of FES -500 and the existing FES at the east end of
the pond. Please review and revise.
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Details (Sheets 3-6)
18) Need Otsego Standard Plate #307.
DEVELOPMENT, GRADING, DRAINAGE AND EROSION CONTROL PLAN
1) A separate development plan tabulation listing the house type, lot and blocks with the garage
floor, lowest floor, and lowest opening shall be provided.
2) List the benchmark(s) to be used.
3) The berms along Maciver Avenue and 70th Street shall be a minimum 4' high.
4) Show phase line between 1St and 2nd Additions.
5) Label the centerline elevations every 50' along each street.
6) Label the rim elevations of the existing storm sewer along the east property line.
7) The elevation at the rear of the building pad is the finished ground elevation at this location.
Please include a lowest opening elevation or correlate this ground elevation to the lowest
opening. (Verify Lot 3, Block 2 and Lot 1, Block 3 have low openings higher than 959.8 and
955.1 respectively).
8) Verify rear lot corners of future Lot 4, Block lA and the south rear lot corner of Lot 8, Block
3. These do not agree with the adjacent contours or spot elevations.
9) The spot elevations in the rear yard of Lot 2, Block 3, and in the middle of the rear yard of
future Lot 10, Block IA are not EOFs.
10) It is unclear where the detail for the "Faircloth Skimmer Discharge System" will be used.
STORM WATER POLUTION PREVENTION PLAN (SWPPP)
1) A SWPP Plan has not been submitted at this time, though some of the required sediment
control and erosion prevention has been included on the grading plans. A SWPPP shall be
submitted for review prior to the start of construction.
HYDROLOGY/STORMWATER
1) Please provide the new geotechnical report for Heritage Pointe to verify soil types and
locations.
2) The final Storm Water Runoff Calculations/Report shall be submitted. The report shall have
a narrative regarding the alternate volume reducing measures taken across the site since
infiltration is not recommended with the existing soil types. Please use the MPCA's MIDS
calculator found at http://stonnwater.pca.state.mn.us/index.php/Calculator to quantify the
volume reducing measures.
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3) Include the existing storm sewer along the east property line or Block 3 and along Marlowe
Avenue in the storm water calculations.
4) The Time of Concentration for EX CBMH 85A appears to be incorrect at 15 minutes. Please
revise.
5) EX STMH 85B and EX STMH 64B have drainage being directed to them. Please revise
calculation and drainage area map.
6) Many drainage areas are labeled on the drainage area map CBMH-xxx. Please revise.
7) The drainage area map has 1.52 acres directed to CBMH 64. Only half the road width will
drain to this catch basin. Please revise.
8) Provide inlet street spread calculations. We have particular concern with CBMH 501, 509,
and 514.
9) The intensity of 5.65 in/hr and "C value" of 0.40 are acceptable as they agree with the
calculations submitted with previous additions of Zimmer Farms. Please be aware that the
City will require an intensity of 5.80 in/hr and a require justification of the rational method
runoff coefficients ("C value") being used (i.e. typical single family rear yard, single family
front yard, and muli-family, etc. versus a 0.40 value for all catch basins in single family
developments).
OTHER CONSIDERATIONS
1) No Comments.
SUMMARY AND/OR RECOMMENDATION
Please revise and resubmit.
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FINDINGS OF FACT AND DECISION
APPLICANT: DR Horton, Inc.
12 March 2014
APPLICATION: Request for approval of a Final Plat for 27 single family lots to be known as
Heritage Pointe 1St Addition.
CITY COUNCIL MEETING: 24 March 2014
FINDINGS: Based upon review of the application and evidence received, the City Council of the
City of Otsego now makes the following findings of fact:
A. The legal description of the property is Lot 1 and 2, Block 3 Zimmer Farms, Lot 1, Block 4
Zimmer Farms, Outlot A, Zimmer Farms and Outlot C, Zimmer Farms 3rd Addition, City of
Otsego, Wright County, Minnesota.
B. The property lies within the West Sanitary Sewer Service District and is guided for medium-
high density residential land uses by the Otsego Comprehensive Plan, as amended.
C. The property is zoned R-6, Medium Density Residential District and is within the Shoreland
Overlay District of a natural environment lake, which allows single family dwellings as a
permitted use.
D. The City Council approved application for preliminary plat approval of Zimmer Farms NW to
subdivide 53 single family lots on 9 December 2013.
E. The applicant is proposing a final plat of 27 single family lots to be known as Heritage Pointe
1St Addition.
F. The Request for Council Action dated 24 March 2014 prepared by the City Planner, The
Planning Company LLC, is incorporated herein.
G. The Engineering Review dated March 7, 2014 prepared by the City Engineer, Hakanson
Anderson Inc., is incorporated herein.
H. Final plat applications are processed in accordance with Section 21-3-3 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 agreement as drafted by the City Attorney and
subject to approval of the City Council.
2. All of the lots within Heritage Pointe 1St Addition shall comply with the following minimum lot
requirements:
3. A temporary Class -5 surface shall be installed and maintained by the developer within Outlot
B between the Manchester Avenue and 67th Street to ensure emergency vehicle access.
4. The applicant shall satisfy park and trail dedication requirements as a cash fee in lieu of land
of $80,352.00.
5. The applicant shall pay applicable utility availability charges upon approval of the final plat of
$37,584.00 for water and $52,800.00 for sewer with utility connection charges to be paid at
the time a building permit is issued for each lot based on the current fee in effect at that time.
6. The developer shall pay a collector street fee for MacIver Avenue in of $40,560.00 in
accordance with the terms of the development agreement for Zimmer Farms.
7. Street lighting shall be installed within the final plat in accordance with Section 6-8-4 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.
8. All construction plans for sanitary sewer, water main, storm sewer and streets shall be
subject to review and approval by the City Engineer.
9. All grading, drainage and erosion control plans are subject to review and approval by the City
Engineer and the developer shall pay a stormwater area charge of 85,725.00 as determined
by the City Engineer.
10. Outlot A shall be deeded to the City for stormwater purposes in accordance with Section 21-
7-15.D of the Subdivision Ordinance.
11. All easements are subject to review and approval of the City Engineer.
12. Landscaping shall be installed within the subject site in accordance with the landscaping plan
approved with the Zimmer Farms NW preliminary plat.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
Lot
Area
Lot
Width
Lot
Depth
Setbacks
Front
Side
Rear
Interior
9,000sf.
(net)
60ft.
100ft.
35ft.
7ft.
Interior: 20ft.
70'h St.: 65ft.
MacIver Ave.: 50ft.
Corner
90ft.
30ft.
3. A temporary Class -5 surface shall be installed and maintained by the developer within Outlot
B between the Manchester Avenue and 67th Street to ensure emergency vehicle access.
4. The applicant shall satisfy park and trail dedication requirements as a cash fee in lieu of land
of $80,352.00.
5. The applicant shall pay applicable utility availability charges upon approval of the final plat of
$37,584.00 for water and $52,800.00 for sewer with utility connection charges to be paid at
the time a building permit is issued for each lot based on the current fee in effect at that time.
6. The developer shall pay a collector street fee for MacIver Avenue in of $40,560.00 in
accordance with the terms of the development agreement for Zimmer Farms.
7. Street lighting shall be installed within the final plat in accordance with Section 6-8-4 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.
8. All construction plans for sanitary sewer, water main, storm sewer and streets shall be
subject to review and approval by the City Engineer.
9. All grading, drainage and erosion control plans are subject to review and approval by the City
Engineer and the developer shall pay a stormwater area charge of 85,725.00 as determined
by the City Engineer.
10. Outlot A shall be deeded to the City for stormwater purposes in accordance with Section 21-
7-15.D of the Subdivision Ordinance.
11. All easements are subject to review and approval of the City Engineer.
12. Landscaping shall be installed within the subject site in accordance with the landscaping plan
approved with the Zimmer Farms NW preliminary plat.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
Attest:
ADOPTED by the City Council of the City of Otsego this 24th day of March, 2014.
Tami Loff, City Clerk
3
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2014-17
RESOLUTION APPROVING DEVELOPERS AGREEMENT- HERITAGE
POINTE FIRST ADDITION
WHEREAS, DR Horton, Inc.- Minnesota is seeking approval of a Plat known as
HERITAGE POINTE FIRST ADDITION; and
WHEREAS, the approved Plat requires construction of public improvements and
payment of City costs and fees; and
WHEREAS, those obligations are contained and memorialized in the attached
Developers Agreement; and
WHEREAS, the Developers Agreement also sets forth the security required to
assure satisfactory construction of public improvements and establishes the
various remedies available to the City in the event that Developer breaches the
terms and conditions of the Agreement.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Otsego, Wright County, Minnesota as follows;
1. The attached Developers Agreement between the City of Otsego and DR
Horton, Inc.- Minnesota is hereby approved.
2. The Mayor and City Clerk are hereby authorized to execute the Developers
Agreement on behalf of the City of Otsego.
ADOPTED this 24th day of March, 2014 by the City Council of Otsego.
MOTION TO ADOPT the Resolution by Council Member
and seconded by Council Member
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
Jessica Stockamp, Mayor
Tami Loff, City Clerk
DEVELOPMENT AGREEMENT
HERITAGE POINTE IST ADDITION
AGREEMENT entered into this day of March, 2014 between the City of
Otsego ("City"), a municipal corporation organized under the laws of the State of
Minnesota, and DR Horton, Inc.- Minnesota, a corporation under the laws of the State of
Delaware ("Developer").
1. Request for Plat Approval. The Developer has requested that the City
approve that plat entitled HERITAGE POINTE 1 ST ADDITION. A preliminary plat for
ZIIVIlVIER FARMS NW was approved on December 9, 2013. The original Developers
Agreement for ZIMMER FARMS was dated July 22, 2004 and recorded on July 30, 2004
as Document No. A920893 in the Office of the County Recorder, Wright County,
Minnesota. The legal description of the property covered by this Agreement is as follows:
Lot 1 and Lot 2, Block 3, Lot 1, Block 4, and Outlot A ZIMMER FARMS; and Outlot C,
ZIMMER FARMS 3RD ADDITION according to the Plats on file and of record at the
Office of the County Recorder, Wright County, Minnesota.
The Plat contains twenty seven (27) single family residential lots, three of which are
existing lots within ZIMMER FARMS being re -platted. The plat is located within the
City's West Sewer District, is zoned R-6, Residential Medium Density District and is within
the Shoreland Overlay District as approved by Ordinance adopted by the City Council on
October 11, 1999. The Final Plat for ZIMMER FARMS was approved by the City Council
on December 22, 2003.
2. Conditions of Plat Approval. The City hereby approves the Plat on
condition that the Developer enter into this Agreement, furnish the security required by it,
and record the Agreement with the Wright County Recorder or Registrar of titles within
one hundred (100) days after the City Council approves the Agreement. The Developer
shall cooperate with the City in recording the Agreement and all required additional deeds
and documents and providing assurance that the Agreement and all required documents
have been properly and timely recorded.
3. Right to Proceed. Within the Plat, the Developer may not grade or otherwise
disturb the earth, remove trees, construct sewer lines, storm sewers, water lines, streets,
utilities, public or private improvements, or any buildings or structures until all the
following conditions have been satisfied: 1) this Agreement has been fully executed by
both parties and filed with the City Clerk, and all conditions contained in the Agreement
have been met, 2) the necessary security has been received by the City, 3) this Agreement
has been recorded with the Wright County Recorder's Office, 4) The Developer has
initiated and attended a pre -construction meeting with the City Engineer, and 5) the Zoning
Administrator has issued a letter that all conditions have been satisfied and that the
Developer may proceed; or until such time as approval to commence earlier construction is
specifically approved by the City, and Developer has fully complied with all conditions set
forth by City staff.
4. Sanitary Sewer Service Allocation. The allocation of sanitary sewer service
to the twenty-seven (27) lots within the Phase does not occur until all required security has
been posted.
5. Changes in Official Controls. HERITAGE POINTE 1 ST ADDITION is a
planned and staged development within the meaning of Minn. Stat. 462.358, Subd. 3c, and
no amendment to the City's Comprehensive Plan or other Official Controls shall apply to or
affect the use, development density, lot size, lot layout, or platting requirements for
HERITAGE POINTE 1 ST ADDITION for a period of five (5) years. Thereafter,
notwithstanding anything in this Agreement 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, other Official Controls enacted after the date of this Agreement. This
provision does not apply to regulations or Official Controls related to park and trail
dedication or any fee established by the City chargeable to the Developer for municipal
costs arising from said future phases.
6. Development Plans. The Plat shall be developed in accordance with the
plans on file at the office of the City Clerk and the conditions stated below. If the plans vary
from the written terms of this Agreement, the written terms shall control. The plans are:
Plan A Final Plat, HERITAGE POINTE 1 ST ADDITION prepared by
Westwood Professional Services, Inc.
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Plan B Grading, Drainage, and Erosion Control Plan prepared by Westwood
Professional Services, Inc. and as finally approved by the City
Engineer.
Plan C Sanitary Sewer, Water Main, Storm Sewer and Streets Plans for
HERITAGE POINTE I ST ADDITION, as prepared by Westwood
Professional Services, Inc., and as finally approved by the City
Engineer.
Plan D Preliminary Landscape Plan for HERITAGE POINTE 1ST
ADDITION, prepared by Westwood Professional Services, Inc., and
as finally approved by the City Zoning Administrator.
7. Improvements. The Developer shall install and/or pay for the following:
A. Streets
B. Street lights
C. Site grading and ponding
D. Underground installation of all utilities
E. Sanitary sewer lines
F. Water lines
G. Storm water management improvements
H. Setting of lot and block monuments
L Construction surveying and staking
J. Traffic control signs
Improvements shall be installed in accordance with City standards, the City
Code, and the above -referenced plans that have been furnished to the City and approved by
the City Engineer. The Developer shall obtain all necessary permits before proceeding with
construction. The City shall provide adequate field inspection personnel to assure
acceptable quality control, which will allow certification of the construction work. The City
may, when reasonably required to do so, and at the Developer's expense, have one (1) or
more City inspectors and a qualified engineer inspect the work. Within thirty (30) days
after the completion of the improvements and before all retained security is released, the
Developer shall supply the City with a complete set of reproducible "as constructed" and an
electronic file of the "as constructed" plans in AutoCAD.DWG file or a .DXF file, all
prepared in accordance with City standards. Before the security for the completion of
utilities is fully released, iron monuments shall be installed in accordance with Minnesota
Statutes 505.02. The Developer's surveyor shall submit a written notice to the City
certifying that the monuments are installed following site grading, utility and street
construction.
8. Contractors/Subcontractors. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships and other entities in
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which such individuals have greater than a twenty five percent (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 7 above.
9. Permits. The Developer shall obtain or require its contractors and
subcontractors to obtain all necessary permits, which may include, but are not limited to:
A. Wright County for County Road access and work in County right 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
H. City of Otsego for building permits
I. City of Otsego for sanitary sewer connections
J. City of Otsego for retaining walls
10. 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 be strictly followed.
11. Time of Performance. The Developer shall install all listed improvements
by November 31, 2014, with the exception of the final wear course of asphalt on streets.
The final wear course on streets shall be installed between August 15t` and October 15th the
first summer after the base layer of asphalt has been in place one freeze thaw cycle. The
Developer may request an extension of time from the City to be submitted in writing to the
City Clerk, for which said extension shall be conditioned upon updating the security posted
by Developer to reflect cost increases and the extended completion date. Final wear course
placement outside of the above time frame must have the written approval of the City
Engineer. The City may impose additional conditions on the extension necessary to ensure
performance.
12. Right of Entry. The Developer hereby grants to the City, its agents,
employees, officers and contractors an irrevocable right of entry to enter the Plat to perform
any and all work and inspections necessary or deemed appropriate by the City during the
installation of improvements by Developer or the City, or to make any necessary corrective
actions necessary by the City. Except in emergency situations, as defined by the City, the
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City shall give the developer fifteen (15) business days notice stating the deficiencies and
necessary corrections prior to making any corrective action. Said right of entry shall
continue until the City finally accepts the improvements and any applicable warranty period
has expired.
13. Erosion Control. Prior to initiating site grading, and before any utility
construction is commenced or further building permits are issued, the erosion control plan,
Plan B, shall be implemented by the Developer and inspected and approved by the City. If
the City Engineer determines that it would be unreasonable to require full implementation
of the erosion control plan prior to utility construction or issuance of certain building
permits, he shall state in writing what construction can take place and what particular
building permits can be issued prior to full implementation. The City may impose
additional erosion control requirements if, in the opinion of the City Engineer, they would
be beneficial. All areas disturbed by the excavation and backfilling operations shall be
reseeded forthwith after the completion of the work in that area. If the Developer does not
comply with the erosion control plan and schedule or any supplementary instructions, the
City may, with reasonable notice, take action as it deems appropriate.
14. Grading Plan. Plat grading shall be in accordance with the approved
grading plan, Plan B. The plan shall conform to City specifications and the City Code.
Ponds, swales, and ditches shall be constructed on public easements or land owned by the
City. Within thirty (30) days after completion of grading and before any retained security is
fully released, the Developer shall provide the City with an "as built" grading plan including
certification by a registered land surveyor or qualified engineer that all ponds, swales, and
ditches have been constructed on public easements or land owned by the City. "As built"
plans shall include field verified elevations of the following:
A. Cross sections of ponds
B. Location and elevations of swales and ditches
C. Lot corners and house pads
Occupancy permits shall not be issued by the Building Official until the
grading and drainage plan is certified as set forth above.
15. Clean Up. The Developer shall promptly clean any and all dirt and debris
from streets and construction sites in accordance with the City Code resulting from
construction work by the Developer, its agents or assigns.
16. Ownership of Improvements. Upon acceptance by the City Council of the
work and construction required by this Agreement, improvements lying within public
easements and public right-of-way shall become City property without further notice or
action.
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17. Streets. The Developer agrees to maintain the streets in this Phase 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 drawn from the Developer's letter of credit. Should snow plowing be
necessary prior to street paving, the Developer shall be responsible for such plowing as may
be required by the Streets Supervisor. If, upon the Developer's request, the City agrees to
plow the street prior to acceptance, such work will be done upon agreement that the
Developer will hold harmless and indemnify the City from any and all liability claims
related to such work and pay all costs associated with that work. Any plowing undertaken
by the City will constitute no acceptance or evidence of acceptance of the street(s) in
question. 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
that 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 set forth above commences upon the date
on which the City accepts the streets by resolution.
Prior to issuance of a certificate of occupancy for any home on a lot on Manchester
Avenue or Manchester Court and prior to completion of a permanent connection, a
temporary Class 5 surface shall be installed and maintained between Manchester Avenue
and 67th Street for emergency vehicle access.
18. Sewage Treatment. No occupancy permit for any building within the Plat
will be issued by the City unless the Building Official has inspected both the sewer and
water connections to the building and has certified that they have been constructed
satisfactorily in accordance with City specifications and the City Code.
19. Administrative Fee. A fee for City Administration of this project is one
percent (1%) of estimated construction costs of the Plan C Improvements, or $5,889.60.
20. Sewer Availability Charges. The Sewer Availability Charges for the Plat
due upon Final Plat approval is as follows; twenty-four (24) lots not previously platted at
$2,200.00 per REC = $52,800.00.
21. Sewer Connection Fees. Sanitary sewer connection fees are paid at the time
of issuance of a building permit. The applicable amount due per unit shall be the fee per
REC unit in place at the time of application for a building permit.
22. Water Availability Charges. The Water Availability Charges for the Plat
due upon Final Plat approval is as follows: twenty-four (24) lots not previously platted at
$1,566.00 per REC = $37,584.00.
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23. Water Connection Fees. Water connection fees are paid at the time of
issuance of a building permit. The applicable amount due per unit shall be the fee per REC
unit in place at the time of application for a building permit.
24. Park and Trail Dedication. The Park and Trail Dedication for the Plat is as
follows: twenty-four (24) lots not previously platted at $3,348.00 per lot = $80,352.00.
25. Storm Water Management Fee. The Trunk Storm Water Fee for the Plat
has previously been paid.
26. Transportation Infrastructure Cost. Pursuant to the original Development
Agreement for ZIIVEVIER FARMS, Developer shall pay a fee for City construction of access
streets as follows: twenty-four (24) lots not previously platted at $1,690.00 per lot =
$40,560.00.
27. Street and Traffic Control Signs. Before the City signs the final plat, the
Developer shall pay to the City $4,500.00 for installation of traffic control signs (stop signs,
street signs, dead-end signs). The said amount was calculated as follows: eighteen (18)
signs at $250.00 per sign. Using these funds, the City shall purchase and install the street
and traffic control signs.
28. Street Light Construction. The Developer shall pay for the operation and
maintenance of the street lights for a period of two (2) years. In order to facilitate payment
for operation and maintenance of street lights, the Developer shall submit a fee to be
included within the escrow and fees established in Paragraph 27 of this Agreement
calculated as follows: four (4) lights x $2,000.00 per light for a total payment of $8,000.00.
The operation and maintenance of the street lights by the City shall not commence until
such time as the street lights are actually constructed. Street lighting shall conform to
adopted City Code.
29. City Engineering Administration and Construction Observation, Legal
Fees Escrow and City Fees. 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% o) of the estimated construction cost of
the Plan C 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 Plan C
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 further
in this Paragraph 29), City Administrative Fee (a flat fee due upon execution of this
Agreement), Trunk Water and Sewer Access Fees (a flat fee due upon execution of this
Agreement), Transportation Infrastructure Costs (a flat fee due upon execution of this
Agreement), Park and Trail Dedication Fees (a flat fee due upon execution of this
Agreement), Street Light Maintenance and Operation Fee (a flat fee due upon execution of
this Agreement) and shall be established as follows:
ESCROW AND CITY FEES
City Construction Administration and Utility and Street Inspection Fees
(estimated 8% of $588,960.00)
$
47,116.80
Legal Fees (1% of $588,960.00, actual billings to be paid)
$
5,889.60
City Administration Fee (1% of $588,960.00)
$
5,889.60
Street &traffic control signs (18 at $250.00 per sign)
$
4,500.00
Street light maintenance & operation (4 at $2,000.00 per light)
$
8,000.00
Park & Trail Dedication Fee (24 lots at $3,348/lot)
$
80,352.00
Transportation Infrastructure cost (24 lots at $1,690.00 per lot)
$
40,560.00
Sewer Availability Charge (24 lots at $2,200.00 per REQ
$
52,800.00
Water Availability Charge (24 lots at $1,566.00 per REQ
$
37,584.00
TOTAL
$ 375,990.00
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
s
obligations to the City satisfied, and the required "as constructed" plans have been received
by the City.
All other amounts listed as flat fees are non-refundable and available
immediately for City use when posted.
30. Security. To ensure compliance with the terms of this Agreement, and
construction of all public improvements, the Developer shall furnish the City with a cash
escrow or Irrevocable Standby Letter of Credit with automatic renewal provisions in the
amount of $949,550.00 said amount calculated as follows:
Site Grading, Erosion Control & Wetland Protection $ 80,400.00
Sanitary Sewer- Lateral & Trunk $ 123,715.00
Watermain- Lateral & Trunk $ 121,895.00
Storm Sewer- Lateral $ 80,140.00
Streets $ 263,210.00
Engineering and Surveying Construction Services $ 38,280.00
Landscaping $ 52,000.00
SUBTOTAL $ 759,640.00
TOTAL SECURITY ($ 759,640.00 x 125%) $ 949,550.00
The issuer and form of the security (other than cash escrow) shall be subject
to City approval. 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 be for a term ending December 31, 2014 and shall contain an
automatic renewal provision. The City may draw down the security for any violation of the
terms of this Agreement, or upon receiving notice of the pending expiration of the security.
It shall be the responsibility of the Developer to inform the City at least thirty (30) days
prior to expiration of the security of the impending expiration and the status of the project
relative to the security and this Agreement. If, for whatever reason, the security lapses prior
to complete compliance with this Agreement (other than during any warranty period), the
Developer shall immediately provide the City with either an extension of the security or an
irrevocable letter of credit of the same amount upon notification of the expiration. If the
required improvements are not completed at least thirty (30) days prior to the expiration of
the security, the City may also draw down the security. If the security is drawn down the
proceeds shall be used to cure any 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, the security
may be reduced from time to time down to $ 94,737.50, which is the amount of warranty
security. A warranty security in the amount of $ 94,737.50 shall be posted with the City as
set forth in paragraph 32 of this Agreement.
Notwithstanding the posting of that warranty security, the security shall not
be reduced below ten percent (10%) of the posted security until all Improvements have been
completed, all financial obligations to the City satisfied (which includes posting of warranty
security), and the required "as built plans have been received by the City. The intent of this
Agreement is that the City shall have access to sufficient security, either security or
warranty security, to complete the project and insure warranty on all public improvements at
all times.
This security amount shall be submitted to the City prior to execution of the
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.
The security for this Agreement shall be an Irrevocable Standby Letter of
Credit with automatic renewal provisions conforming to the requirements of this Paragraph
or cash in the amount of $949,550.00.
31. Landscaping. The Developer shall install two (2) trees upon each lot within
the Plat of a species approved by the Zoning Administrator. These plantings may not be
installed in a public right-of-way. Any security posted for this agreement or prior additions
may be used to cure any defects in the event that the Developer, it assigns or successors fail
to install landscaping according to this Agreement. Landscaping security to insure
compliance with the approved Landscape Plan shall be $1,000 per lot to be posted with the
City at the time of application for a building permit on each lot. Any trees which can cause a
public nuisance or public hazard, such as bug infestation or weak bark, are specifically
prohibited.
The Developer, Builders or Property Owners (applicant for building permit)
in the residential lot area shall sod all front yards within the buildable portion of each lot
and shall post any security required by the City to assure landscaping or other items in
compliance with the City Code at the time of application for a building permit on each lot.
The Developer, Builder or Property Owner shall provide not less than six (6) inches of
topsoil in required front yards or side yards abutting public rights-of-way. Where slopes lie
in excess of ten (10) percent, sodding (staked) shall be required. Weather permitting, the
trees, grass seed and sod shall be planted before Certificates of Occupancy are issued. All
grass seed shall be maintained so that turf is established within one (1) year of planting.
10
If landscaping as required by the City Code and this Agreement is not timely
completed, the City may enter the lot or lots, perform the work, and apply any posted
security toward the cost. The Developer, it assigns or successors, Builder or Property Owner
will provide will provide all trees, grass, seed and sod within the Plat and shall maintain
said plantings and warrant them to remain alive, of good quality and disease free for twelve
(12) months after planting. Any replacement shall be warranted for twelve (12) months
from the time of planting.
Developer is also required to implement a Landscaping Plan including
boulevard landscaping along City streets as well as designated other plantings. Security
shall be posted in order to insure compliance with the approved Landscaping Plan.
32. Significant Trees. There are no significant trees within the Phase. The
Developer is not required to replace any significant trees.
33. Meters. Meters shall be provided as per City policy.
34. Warranty. The Developer warrants all work required to be performed by it
against poor material and faulty workmanship for a period of one (1) year after its
completion and acceptance by the City. The amount of posted warranty security for public
improvements to be posted by the Developer shall be in the amount of $94,737.50. The
amount, has been determined by the City Engineer, and is based upon the costs of the raw
materials and labor which would be necessary to correct the most common deficiencies in
such public improvements.
35. Claims. The Developer shall pay any subcontractor within ten (10) days of
the Developer's receipt of payment by the City for undisputed services provided by the
subcontractor. In the event that the City receives claims from labor, materialmen, or others
that perform work required by this Agreement, and the sums due them have not been paid,
and the laborers, materialmen or others are seeking payment from the City, the Developer
hereby authorizes the City to commence an interpleader action pursuant to Rule 22,
Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of
credit in an amount up to one hundred twenty-five percent (125%) of the claim(s) and
deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall
release, discharge, and dismiss the City from any further proceedings as it pertains to the
letters of credit deposited with the District Court, except that the Court shall retain
jurisdiction to determine attorney fees pursuant to this Agreement. In the event that the
Developer desires to make a cash deposit instead of drawing down the letter of credit if a
claim is made as stated above, they shall immediately notify the City of this intent at the
time the claim is made and shall delivery one hundred twenty-five percent (125%) of the
claim to the City within ten (10) days of such notice in the form of cash or certified check.
36. Restrictions. The following restrictions apply to the property and all lots
thereon shall be held, sold, and conveyed subject to the following conditions and
11
restrictions, which are for the purpose of protecting the value and desirability of the Plat and
insuring that all conditions imposed by the City in this Agreement are properly recorded
against the property. Said conditions shall run with the real property and be binding on all
parties having a right, title or interest in the plat or any part thereof, their heirs, executors,
representatives, successors and assigns: None.
37. Responsibility for Costs.
A. Except as otherwise specified herein, the Developer shall pay all costs
incurred by them or the City in conjunction with the development of
the Plat, including, but not limited to, legal, planning, engineering, and
inspection expenses incurred in connection with development of said
Plat, the preparation of this Agreement, 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 and employees
harmless from claims made by itself and third parties for damages
sustained or costs incurred resulting from Plat development. The
Developer shall indemnify the City and its officers and employees for
all costs, damages or expenses which the City may pay or incur in
consequence of such claims, including attorney's fees.
C. The Developer shall reimburse the City for costs incurred in the
enforcement of this Agreement, including engineering fees, attorney's
fees, and costs and disbursements.
D. The Developer shall pay in full all bills submitted to it by the City for
obligations incurred under this Agreement within thirty (30) days after
receipt. If the bills are not paid on time, the City may halt all plat
development work and construction, including but not limited to the
issuance of building permits for lots which the Developers may or may
not have sold, until all bills are paid in full. Claims not paid within
thirty (30) days shall accrue interest at the rate of twelve percent (12%)
per year.
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 City may then draw down the security established in Paragraph 17 to pay for any work
undertaken, provided the Developer is first given notice of the work in default, not less than
seven (7) days in advance. This notice provision does not apply if the work performed by
the City or its contractors is of an emergency nature, as determined at the sole discretion of
the city. Should such emergency work be required the City will make all reasonable efforts
to notify the Developer as soon as possible. When the City does any such work, the City
12
may, in addition to its other remedies, assess the cost in whole or in part pursuant to any
applicable statutes or ordinances.
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 except where specifically excluded by this
agreement. If the City determines that the Phase 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
Agreement.
C. Breach of any of the terms of this Agreement by the Developer shall
be grounds for denial or revocation of building permits.
D. If any portion, section, subsection, sentence, clause, paragraph or
phrase of this Agreement is for any reason held invalid, such decision
shall not affect the validity of the remaining portion of this Agreement.
E. If building permits are issued by the City prior to the completion and
acceptance of public improvements, the Developer shall assume all
liability for the costs resulting in any delay in completion of public
improvements and damage to any public improvements caused by the
City, the Developer, its contractors, subcontractors, materialmen,
employees, agents, or third parties. 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, unless a specific exception is approved by the
City.
F. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Agreement. 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 Agreement shall not be a
waiver or release.
G. This Agreement shall run with the land, shall be recorded against the
title to the property and all properties therein established by the Plat,
and shall be binding on all parties having any right, title or interests in
13
this phase of the plat or any part thereof, their heirs, successors, and
assigns. After the Developer has completed the work required of them
under this Agreement as set forth in Section 8, at the Developer's
request, the City will execute and deliver to the Developers a release
or partial release (s) of this Agreement.
H. The Developer shall take out and maintain until one (1) year after the
City has accepted the public improvements, public liability and
property damage insurance covering personal injury, including death,
and any claims for property damage which may arise out of the
Developer's work or the work of their subcontractors or by one
directly or indirectly employed by any of them. Limits for bodily
injury and death shall not be less than $500,000.00 for one person and
$1,000,000.00 for each occurrence; limits for property damage shall be
not less than $200,000.00 for each occurrence. The City shall be
named as an additional named insured on said policy, and the
Developer shall file a copy of the insurance coverage with the City
prior to the City issuing further building permits.
I. 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.
J. The Developer shall pay for all local costs related to drainage
improvements required to complete the construction according to the
plans and conditions that are a part of this Agreement.
K. Should development of the plat proceed at a pace slower than
anticipated, and for that reason, specific terms of this agreement
become onerous or unduly burdensome to the Developers, upon
his/her application, the City will enter into negotiations regarding
those specific terms and shall not unreasonably withhold consent to
appropriate changes in the terms of this Agreement.
L. The Developer shall demonstrate and maintain compliance with the
1991 Wetland Conservation Act.
M. The Developer shall be responsible for all on site drainage as well as
for any affects that their actions may have on adjoining properties.
Specifically, the Developer shall maintain existing drainage tiles on
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site, and shall be responsible for any and all drainage problems related
to either the site drainage tiles or problems with on-site drainage
facilities to be constructed in accordance with this agreement and plat
approval.
40. Previous Developer's Agreement. Applicable portions of the previous
Developers Agreements for ZIMMER FARMS and ZIMMER FARMS 3RD ADDITION
still remain in effect for this Plat, subject only to modifications set forth in this Agreement.
41. Notices. Required notices to the Developer shall be in writing, and shall be
either hand delivered to the Developer, their employees or agents, or mailed to the
Developer by registered mail at the following address: Attention: James R. Slaikeu, D.R.
Horton, Inc.- Minnesota, 20860 Kenbridge Court, Suite 100, Lakeville, MN 55044. Notice
to the City shall be in writing and shall be either hand delivered to the City Clerk at the
following address: City of Otsego, City Hall, 13400 90th Street NE, Otsego, MN 55330,
Attention: City Clerk
CITY OF OTSEGO
KIM
Jessica Stockamp, Mayor
Tami Loff, City Clerk
D.R. HORTON, INC.- MINNESOTA
DEVELOPER
James. R. Slaikeu
Its: Vice President
15
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
2014, by Jessica Stockamp, Mayor and by Tami Loff, City Clerk,
of the City Otsego, a Minnesota municipal corporation, on behalf of the City and pursuant
to the authority of the City Council.
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2014 by James R. Slaikeu the Vice President of D.R. Horton, Inc. -
Minnesota with authority and on behalf of the corporation.
DRAFTED BY:
MACARTHUR LAW OFFICE, LLC
3601 Thurston Avenue North
Suite 103
Anoka, MN 55303
(763)231-5850
16
Notary Public
HERR TA G'►E POINTE IS T ADDITION
KNOW ALL PERSONS 6Y THESE PRESENTS' That. O.R. Hartan,!na-Minnesota, O Delaware corparaffan, fee Owner of the f hawing described
p-oPerty aifuoled ur inti County of SWight. State of Minnesota, tP wit:
=u W A, Let t and Lot 2. EN—* 3 and Lot I. $lack 4, 27MMER FARMS and Ouf7Ot C, V44MER FARMS 3RD AOOITION. according tO the
recorded pints thereof, Wright County, ,Minnesota.
Has --d the same to be sur y -ed and platted as HERITAGE pOINTE IST ADDITION and does hereby donate and dedieafe to the Public
F— public use f— fhe public ways, as shown an this pint and OfsO dedicate the eosemen is os shown this plot for drainage and
utdify purposes only
to witness whereof said D.R. Nortnn, fnc-Minn esO Po, a Delaware corparolron, has caused these presents to be signed by it, proper off er
this d y of 20f
D.H. HORTON. INC. -MINNESOTA
BY
Its
STATE OF MINNESOTA
COUNTY OF
The foregoing insfrrrment was acknowledged before me this day cf 20_� by —
its Of D.R Horton, lne.-Minnesatq a bele wore O partition, an behalf Of the corparatron.
Notary Pubfic,
My Commission Expire:
v ne.v
Coun fy, MlnnesO}a
i herehy certify that 1 have veyed and plotted Or directly supervI—d the s rvay and pfattfng Of the fund described On this plat as
HERITAGF POINTE IST AOD17?7N.' that this plaf rs .--t representation afutha boundary aur y that all mathernoticai data and labels
eatfy designated: 011 monuments depicted one the plat have been Or .;If be correctly sst within ane year; aft water baundarres Ond
wet lands as of this dare, es defined in MS 5044.01, Sabd. 3, are shown and labeled,- and that Oil pubiia- ways are shown and labeled.
Craig W. Morse. Land Surveyror
Minnesota Lfcense NO. 23021
STA 7E OF MINNESOTA
COUNTY OF
The foregoing Surveyor's Certificate w—A—Wlfdged before me this day of 2[7� by Craig W.
M—" Land Survey-, Minnesota License Na. 23027.
f aeww
twm,..rn„mei
Notary Public. Caun ty, Minnesota
My Commission Fxpires
CfTY PLANNING COMMISSION _ m
This plat of HERITAGE POINTE IST ADD177ON wos approved by !ha Planning Commission of the City of Otsego. Minnesota, at o seting
held this _ day of 20—
Secretory
CITY APPROVAL
This plat f HERITAGE POINTE IST A00177ON was approved and accepted by the City COuncl of the City of Otsego, Minnesota, at a
meet!ng held this day Of 20—
Mayor
COUNTY .SURVEYOR
17eviewed d dppmued this ❑oy al 20
Wright County SLrveyar
COUNTY AUDITOR
raxas paid far a(I years through year —_ and transfer entered Phis day Of 20—
Stf-rght County Auditor
COUNTY TREASURER
hereby rertrfy that tares p ,—bfe in the year n lands herein descr]bed are Paid Mrs day Of
20�
Wright County Audrtar
COUNTY RECORDER
1 hereby certify that this jn t-ument wos filed rn the afr— Of the County Recorder r-1 record on this day of
-a_at O'clock M., and was duly recorded in Cabinet 5iee ve
os Oacument Number
Yfright County Audrtar
Westwoo d
Professional Services, Inc.
.2014 Weskwaod Professional S ... I—. Inc.
t i cy
�J �RdCK COKSTRUCTI'0
_'1 ENTRANCE—
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D.R. Horton, Inc.
2OW K®bridgge Court, Suite 100
L.k. R:, NIN 5.504.4
CDD 48 HOUrs before digging:
811 or cul 1811.com
Common Gra d Alliance
GENERAL NOTES-
• ALL CCNTOURS AND SPOT ELEVATONS ARE SNOMN TO FINISHED SLRFACE/GUTTER GRACES UNLESS
CTHERWIRE NOTED.
• REFER TO THE FINAL PLAT OR SITE PLAN FOR CURRENT HORIZONTAL BITE ONEN90HR AND LAYOUT.
• TUE CONTRACTOR SHALL VERIFY THE LOCATICIN ANO ELEVATION OF EXISTING UTILITIES AND
CONTRACTOR SIAU_ IMMEDIATELY NOTFY THE ENGINEER Of ANY DISCRIFPANUEEZ ONCTION. THE
• TRE CONTRACTOR 15 TO CONTACT OOPHER STATE 'DNF CALL• FOR UTLITY LOCATENS AT e54-0002.
PLL ALT FENCE AND OTHER EROSION CONTROL FEATURES SHALL BE IN-PLACE PRIOR TO ANY
• EKGAVATION/CUNStRU CTCN AND SHALL RE MAINTAINED UNTIL VABLE NRF OR GROI.NU COYER H
SEEN
""SLI SHE' EXISTING SILT FENCE RI -SITE SHALL BE NAINTAINED PMO OR REM CYL9 ANDAS
SHALL BE CONSIDERED IN CICEMTAL THE GRACING CO. T. IT R OF EXTREME IMPORTANCE TO
BE AWARE OF CURRENT FIELD TO
WITH RESPECT TO EROSION CONTROL. TEMPORARY
ON DING V1Ncs. HA' SAIES £TC-, REOUREII BY AE£ S/UNHCR SMALL BE INCIDENTAL TO INE
CRADEIC.
• ME GRADING CONTRACTOR MUST EE AWARE OF ALL EMSTNG ANO RROPOSED IDLITIES
• ALL CONSTRUCHID SHALL CONEMM TO LOCAL AND STAT£ RULES INCWOINC THE
NATIONAL POLLUTANT DID HARC£ EUMINATION SYS. (NIECES) PERMIT REQUIREMENTS.
• ALL 5 SETS DISTURBED DURING 'HONKING HOURS UUIST BE CLEARED AT THE END OF EACH
WORKING DAY A ROCK ENTRANCE TO THE GTE M ST BE PROVIDED ACCORCINO TO OFT.— TO
REELCF TBACKING OF DIRT ONTO PUELC SEREE75
n05 WAGE FROM THE SITE MUST BE PROMDEG AT ALL TIMES
TRIS INCLUDES NAINTMNiNG DITCH ELOW FROM THE EAST SIDE OF PROJECT. THROUGH TETE PROJECT,
TO THE NORTHWEST CORNER BE 5l TE YM ERE DITCH EXITS SITE
• ALL EXPOSED WILS MUST BE STABIUZEO "THIN T ENDAR DAYS OF ROUGH [RADE COfi1PLTTON
UNLESS OTHERWISE DIRECTED BY WE ENIANEE . ALL STOCRP9IE5 MUST NAVE ADEQUATE SEDIMENT
TRAPPING ONISTEV5 N—LLED AROUND THEM.
• THE SITE NUST BE NTP1 IN A WELL—DRAINED CONI AT ALL TINES. THE CONTRACTOR S: ALT
BER SPW4BLE MPGRARY DT"GHES. PPNG OR OTHER MEAHE REQUIRED TO IN -
PROPER DRAINAGE D O CONSTRUCTON HOW POINTS M ROADWAYS OR BUILDING PADS
MOST BE PRO—VO WTH A FOaTLE OUTFLaw
PUBLIC STREETS U5ED AUL NG SHALL BE KEPT FREE OF SOIL AND DEBRIS. STREET SWEEPING
• SHALL BE EuRCHRRENT NTH EARTHWORK ON STE-
• HALOED HOURS MUST BE CONFIRMED WITE, THE CITY PRION TO BEGINNING WORK.
• AREA TO BE GRAPE. _ £CPB AC.
MATEA< —BAGE AREAS WILL BE SELECTED B UNINC CONSDiUC710N-
• EOUIINMENT ST.. AREAS WILL BE SELECTED DURING _SLI UCTDN.
• WASTE STCFI AREAS WTLL BE SELECTED DURING CEINSTRUGTION (UUMPSIERS.
CONSTRUCTION OEBNSS STOCKPILES. TOILETS, AND WASHOUTS].
Heritage Pointe 1st
& 2nd Addition
otBe¢n. MN
r
G' 1OC' 2DO' 300"I
Latest Revision Date 62/11/14
DbC2-�SGCFOt-dny
�aEe 02/11/14 s[L. L; 2 or 6
Overall
Development,Grading,
Drainage and Erosion
Control Plan
DENOTES
SOIL BORING
DENOTES
SILT FENCE
9Mss
DENOTES
HEAVY DUTY SILT FENCE
DENOTES
EXISTING CONTOLRS
—980—
DENOTES
PROPOSED CONTOURS
rs.._-a.:-.-.n,,
DENOTES
EXISTING STORM SEWER
F N►__m
DENOTES
PROPOSED STORM SEWER
.lv -
DENOTES
EXI5TING TREE LINE
DENOTES
APPROXIMATE TREE
REMOVAL
LIMITS
DENOTES
EXISTING SPOT ELEVATION
ZIBI
DENOTES
PROPOSED SPOT ELEVATION
DENOTES
BIO -ROLL EROSICN CHECKS
DENOTES
EMERGENCY OVERFLOW
E.D.F.
ELEVATION
Heritage Pointe 1st
& 2nd Addition
otBe¢n. MN
r
G' 1OC' 2DO' 300"I
Latest Revision Date 62/11/14
DbC2-�SGCFOt-dny
�aEe 02/11/14 s[L. L; 2 or 6
Overall
Development,Grading,
Drainage and Erosion
Control Plan
u21314 Westwood Professional. Services, Inc.
NOM
UTILITY CONTRACTOR SHALL REPAIR ANS/OR REPLACE ALL SILT
FENCE DISTURBED BY UTILITY CONSTRUCTION WORK. ALL SILT FENCE
REPAIR ORREPLACEMENT WORK SHALL BE INCIDENTAL TO THE
UTILITY CONSTRUCTION CONTRACT.
THE ER
IETH
RTICAL DATUM OF IS PLAN IS BASED ON THE 1929 NGVID IN
^ --- - US SURVEY FEET_
--- -- - - NCVD:=NATIONAL CEODETIC VERTICAL DATUM
70TH ST N.E.
_ 59
Cj
f ourLOT a
r POND 21 /-- 8 BMH-50 4
FEs-sod .
NWL=942,4 MH -594 MH- "3 •i � L -J _/
f i __ I HWL=947.9 9 H-2 2
CBMH 503 ULD NEW MH
OVER Ex. TUB Sy-.
J CBMH-50' _ MH -1 \.
CHMH-507 CB -506
2 - MH -4 r \
CBMH 501 ` E MHe'
D 2 CON ECT TO I
MH- CBMH-509 MH -6 EX.. DIP WM� ••.] 1 �I
C E%. 4�IH
3
Iln 10 3 + '.� 2 - iJ Ex- MH - 1
¢ S DIP PLU"-
IIFII . T, x 2 ;a \
4 9 ,�. ., H_511 MH_7
S E%. STMH '-I J --
1 8MH-510
1
JA 5 8 ± i' 1 —A+ `
Y0. (TBP.) z
1 2A CBMH-512 H_8
:1 1
% STMH-513 7
MH -9 —
vv.. wi 1.= 8' PVC UG
7-
(.H i
8.
DIP PLUG 8 �, r
I CB -515
8 CUMH -514 - T ' \
i t 5 w MH -1C 9 3 -i —
e. 4 l z
10
I 10
Calf 48 H-3 before digging:
811 Or C01181 i "Com
Camman C --J Alliance
STORM
SEWER
CASTING
SCHEDULE
STRUCTURE
CASTING TYRE
NUMBER
TYPE
DIA.
500
FES
24"
-
_
5D1
CBMH
48"
R -3067-V
__
502
CHMH
48"
R -3057-V
503
CBMH
48"
R -3067-V
504
CBMH
46"
R -3057-V
565
CBMH
_ 48
R -3057-V
506
CBMH
48.
R -3057-V
5C7
CBMH
48"-
_ R -3057-V
SCS
_
CB
2 3'
057-V
.509
50.9_
CBMH
48"
R 3057-V
510
C5MH1-
48"
R-4342
511
CB
27"
R-4342
CHMH
48'
R -3067-V
_512
513
STMH
48'
R-1642
.514
CBMH
48'
R -3067-V
515
CB
2'x3•
R -3057-V
f2 3_ LEGEND
FUTUREEXISTING PROPOSE❑
7v OUT'-OT
\i
Sanit-y SeSanit-y Sewar Sawr
j waterc'"_Je
F�f Hyd. w\Vale HydHyd_ \Vle
—I
Tfr
}
T4lA v gram �siaaa ' .wt��PavWm u,tl r1tUFE59�VNAr
T � r Fends D. ]IegRo 1i
Westwood 92113!14 IU_ Nn 37716
Prepared for.
DR Horton, Inc. - Minnesota
°Yi"� neva 20850 ICen.bridV Court, Suite 300
t u.D-1s 1714&t° - Lakeville. Mixtneeota 55944
x
C. IC0' zoo' 3C
Latest Revision Date: 02/11/14
Dates 02/11/14 Btaarr o2�rA
DFM1'13
Heritage Pointe
1st Addition Overall
Oisetm. Minnesota