ITEM 4.1 Crimson Ponds West 2nd01
OtCI�egoF
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
9 June 2014
PRESENTER(s):
REVIEWED BY:
ITEM #:
City Planner Licht
City Administrator Johnson
4.1— Crimson Ponds West 2nd
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of the Crimson Ponds West 2nd Addition final plat and development
agreement.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
Yes. No.
BACKGROUND/JUSTIFICATION:
Benzinger Properties has submitted application for final plat approval of 25 single family lots to be
known as Crimson Ponds West 2"d Addition. The subject site is located east of Odean Avenue and north
of 75th Street. The City Council approved the preliminary plat for the development on 10 October 2005.
■ Preliminary Plat Consistency. The proposed 2nd Addition final plat is generally consistent with
the design for this area of the development shown on the preliminary plat. The street
alignments have been revised slightly and the change to the lot layout results in one fewer lot
within Block 2.
■ Zoning. The subject site is zoned, R-4 Single Family Residential District, which allows single
family dwellings as a permitted use.
■ Lot Requirements. The single family lots within Crimson Ponds West 2nd Addition are subject
minimum lot and setback requirements shown below. All of the proposed lots illustrated on
the final plat comply with these requirements.
■ Landscaping. The preliminary plat approval for Crimson Ponds West included a landscape
plan to provide for the buffer yard plantings required by Section 20-16-7.D of the Zoning
Lot
Area
Lot
Width
Lot
Depth
Setbacks
Front
Side
Rear
75th St.
Interior
12,000sf.
75ft.
100ft.
35ft.
10ft.
20ft.
65ft.
Corner
35ft.
■ Landscaping. The preliminary plat approval for Crimson Ponds West included a landscape
plan to provide for the buffer yard plantings required by Section 20-16-7.D of the Zoning
Ordinance along 75th Street. The developer will be required to install this landscaping as a
condition of final plat approval and provide a security as part of the development contract.
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 consistent with the Engineering
Manual. A five foot wide concrete sidewalk will be constructed along one side of all public
streets within the final plat as required by the Subdivision Ordinance and Engineering Manual.
All street construction plans are subject to review and approval of the City Engineer. Signs
identifying future extension of public streets are to be installed at the termini of all temporary
dead -ends or cul-de-sacs. Street names are to be revised such that Odell Avenue is designated
as Odell Lane. The developer will pay a collector street access fee of $1,405/lot as part of the
development contract minus an outstanding credit of $84,905 for construction of 75th Street
with the initial final plat. The credit balance of $49,780 will be carried forward to future
phases.
0 25 lots x $1,405/lot = $35,125 - $84,905 = -$49,780
Park and Trail Dedication. Park and trail dedication requirements for Crimson Ponds West
include a credit for land south of 75th Street dedicated with the initial final plat. As such, park
and trail dedication requirements for the 2"d Addition and future paid at 57.7 percent of the
cash fee in effect at time of final plat approval as shown below:
o 25 lots x $3,348/lot x 57.7% = $48.294.90
■ Grading and Drainage Plans. The developer has submitted grading and drainage plans for the
proposed 2nd Addition. All grading and drainage plans are subject to review and approval by the
City Engineer. The developer is required to pay a Stormwater Impact Charge for LeFebvre
Creek at the time of final plat approval calculated at $2,145/gross acre:
o 11.89 ac. x $2,145 gross acres = $25,504.00
Utilities. The developer has submitted utility plans for the proposed 2nd Addition. 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 WAC: $1,566/REC x 25 lots = $39,150.00
o SAC: $2,200/REC x 67 lots = $55,000.00 - $42,066.73 credit = $12,933.27
The developer will receive credit within the development contract for installation of water main
within 70th Street as part of this project as summarized in the City Engineer's review. The trunk
water main is identified on the City's utility plans to provide connection between two water
service mains and also for future extension of services to the east.
■ Easements. The final plat illustrates drainage and utility easements at the perimeter of each
single family lot as required by Section 21-7-15 of the Subdivision Ordinance. There are
oversize easements where needed to accommodate stormwater drainage basins, swales and
stormwater pipe.
■ 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 at the corner of Odell Avenue and
Ogren Avenue and a Type II light installed at intersections of Ogren Avenue and 75th Street and
76th Lane and 75th Street by the developer. The development contract will provide for payment
of the street light operation fee established by the City Code.
o Street Light Charge: $2,000/fixture x 3 fixtures = $6,000.00
■ Outlot A. The proposed final plat includes one outlot, which is the remainder of the property
within Crimson Ponds West that has been preliminary platted (but excluding the existing
farmstead) and is reserved for future development.
■ 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 June 2, 2014
C. Findings of Fact and Decision
D. Resolution 2014-39 approving the Development Agreement
E. Development Agreement
F. Final Plat
G. Landscape Plan
H. Overall Grading Plan
I. Overall Utility Plan
POSSIBLE MOTION
Please word motion as you would like it to appear in the minutes.
Motion to approve the Crimson Ponds West 2nd Addition final plat subject to the conditions as outlined
in the Findings of Fact and Decision and adopt Resolution 2014-39 approving a Development
Agreement.
BUDGET INFORMATION
BUDGETED: ❑ YES
❑ NO
ACTION TAKEN
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
COMMENTS:
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Review No. 1.5
�Halcanson
IllAnderson
ENGINEERING REVIEW
Residential Subdivision
for the City of Otsego
by
Hakanson Anderson
Submitted to: Honorable Mayor and City Council
cc: Lori Johnson, Administrator
Tami Loff, City Clerk
Dan Licht, City Planner
Andy MacArthur, City Attorney
Jeff Bensinger, Benzinger Properties
Todd W. McLouth, P.E. Loucks Associates
Reviewed by: Ronald J. Wagner, P.E.
Brent M. Larson, P.E.
Date: June 2, 2014
Proposed
Development: Crimson Ponds 2nd Addition — Phase 2
Street Location A portion of the SY2 of the NE V4 of S28, R23, T121
of Property: east of Odean Avenue NE and north of 75th Street.
Applicant: Jeff Beninger
Developer: Beninger Properties
21301 County Road 81
Rogers, MN 55374
Owners of Record: Thomas R Corbin Rev Trust
Purpose: Crimson Ponds West 2nd Addition is a proposed 25 lot single-
family residential development on 12± acres 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
PREVIOUS CRIMSON PONDS WEST 2ND ADDITION PLANS
FINAL PLAT
CONSTRUCTION PLANS
TITLE SHEET
EXISTING CONDITIONS
GRADING PLAN
EROSION CONTROL (SWPPP) PLAN
OVERALL UTILITY PLAN
SANITARY SEWER AND WATERMAIN PLAN AND PROFILES
STREET PLAN AND PROFILES
STORM SEWER PLAN AND PROFILES
DETAILS
DEVELOPMENT PLAN
HYDROLOGY/STORM WATER
OTHER CONSIDERATIONS
SUMMARY AND/OR RECOMMENDATION
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INFORMATION AVAILABLE
Final Plat for Crimson Ponds West 2"d Addition, received 5/28/14, by Loucks Associates
Hydrology Report for Crimson Ponds West 2nd Addition, date 5/8/14, by Loucks Associates
Specifications for Plans Crimson Ponds West 2nd Addition, date May 2014, by Loucks
Associates
Crimson Ponds 2"d Addition Information
Construction and Grading Plans for Crimson Ponds West 2"d Addition, revision date 3/22/07, by
Loucks Associates
Final Plat for Crimson Ponds West 2nd Addition sent 4/23/07 by Loucks Associates
Hydrology Report for Crimson Ponds West, 2/1/06 revision, by Loucks Associates
Storm Sewer Design for Crimson Ponds West, 4/12/06 revision, by Loucks Associates
Geotechnical Report for Crimson Ponds West, prepared 12/1/97, by GME Consultants, Inc.
Wetland Delineation Report for Crimson Ponds North & West, 3/14/05, by Kjolhaug
Environmental Services Company, 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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PREVIOUS CRIMSON PONDS WEST 2ND ADDITION PLANS
The Final Plat for Crimson Ponds West 2"d Addition sent 4/23/07 by Loucks Associates and
Construction and Grading Plans for Crimson Ponds West 2"d Addition, revision date 3/22/07, by
Loucks Associates were accepted 4/30/07. The Final Plat for Crimson Ponds West 2"d Addition
was never recorded with the County.
The new plans dated 5/8/14 are in close agreement with the previously accepted plans.
FINAL PLAT
1) All ponds and utilities that extend beyond the Crimson Ponds 2'd Addition's boundary shall
have drainage and utility easements covering them in Outlot D, of Crimson Ponds West lst
Addition (i.e ponds 1 & 2, storm sewer along the rear yards of Lots 10-6, Block 1, Lot 2,
Block 4, and Lots 5 & 6, Block 3) Portions of Outlot D, of Crimson Ponds West 1St
Addition).
CONSTRUCTION PLANS
Title Sheet (Sheet CO -D
1) Otsego is misspelled in the title block under Crimson Ponds West 2"d Addition (all sheets).
2) Please revise the name below the City Engineer's signature line to Ronald J. Wagner, P.E.
Existing Conditions (Sheet Cl -1)
3) Section corners and section lines shall be clearly depicted and labeled on the plan. (21-6-
2.A.2.)
4) Existing zoning classifications for land in and abutting the subdivision shall be shown on the
plan. (21-6-2.B.2.)
5) Along with location, the size, and elevations of existing water, sanitary and storm sewer or
any other underground facility within 150 feet of the proposed plat, shall be shown on the
plan. (21-6-2.B.5.)
6) Adjoining un -subdivided 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.B.6.)
7) Label the existing contours with elevations.
Gradin Pg tan (Sheet C3-1)
8) The typical lot detail calls out a 25' setback. This should be 35' for R-4 Zoning. The house
pads appear to be shown correctly with a 35' setback.
9) Label the existing contours with elevations.
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10) The invert for the outlet control structure just west of 76th Lane is incorrectly labeled 0.00'
11) Odell Avenue NE should be Odell Lane NE (all sheets).
Erosion Control (SWPPP) Plan (Sheet C3-2)
12) Using silt fence as a ditch check measure may or may not work along the steeper rear yards.
Site will be monitored throughout construction and the SWPPP shall be amended if
necessary.
Overall Utility Plan (Sheet C4-0)
13)No comments.
Sanitary Sewer and Watermain (Sheets C44 to C4-3)
14) All utilities extending past the platted boundary shall have utility easements covering them.
15) Sanitary MH 12 shall be an inside drop manhole.
16) The class of SDR is missing from the sanitary pipe labels in the profile.
17) A sanitary sewer manhole is required at the beginning of the sewer run along Odell Lane,
South of Ogren Avenue.
18) A temporary hydrant is required at the north end of the watermain stub along Odell Lane,
north of Ogren Avenue.
Street Plan and Profile (Sheet C5-1 to C5-2)
19) Provide existing curb elevations at tie in points at 75th Street.
20) Provide horizontal curve information (all sheets).
21) The vertical curve on Odell Lane does not meet the 30 mph design speed requirements. It
shall have a minimum K value = 37 or a curve length = 180'.
Storm Sewer Plan and Profile (Sheet C64 to C6-2)
22) All flared end outlets shall have articulated block called out and not rip -rap.
23) Please include a note whether the pipe lengths include the FES lengths.
24) FES Q shall have a RC apron called out in the Structure Schedule.
Details(Sheets C8-1 to C9-3)
25) A detail for the articulated block is needed.
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26) The outlet control structures shall have a HAALA 48-57 grate.
DEVELOPMENT PLAN
1) A separate development plan and tabulation listing the house type, lot and blocks with the
garage floor, lowest floor, and lowest opening shall be provided.
HYDROLOGY/STORMWATER
1) Provide inlet street spread calculations.
2) The storm water management report closely agrees with the approved report submitted in
2006 for Crimson Ponds 2nd Addition. All discharge rates and HWL elevations area at or
below those proposed with the original report.
3) The one significant change is that 2 ponds are being modified to provide infiltration of the
water quality volume of 1" of runoff from the new impervious areas per the NPDES permit
requirements.
a. The double ring infiltration test shows that the soils infiltrate at a rate of 65.5 in/hr for
Pond #2. Per the NDPES permit the maximum rate allowed is 8.3 in/hr. Soils shall
be amended to slow the infiltration to an acceptable rate.
b. The infiltration layers for both ponds 1 & 2 start l' below the normal water level
(NWL). The normal water level will reset to the bottom of the infiltration layer and
there will be erosion concerns at the discharge points into the ponds.
4) Pond 3 does not have a starting elevation equal to the NWL.
5) The drainage area map depicts the front yards of lots 6-10 (north of 76th Lane) draining off-
site instead of to basin 3. Please verify that this area is routed to basin 3 and that the
resulting calculations and HWL elevations are correct.
OTHER CONSIDERATIONS
1) Statement certifying the environmental condition of the site including the presence of any
hazardous substance as defined in Minnesota Statutes 115B.02, Subd 8. is required. (From
previous owners).
2) Mailbox locations shall be shown in the plans. A postmaster approved cluster locking
mailbox is required. Developer shall coordinate with the appropriate post office for the
proper mailbox type and placement.
SUMMARY AND/OR RECOMMENDATION
We recommend approval contingent on the above comments.
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3 June 2014
KINh`[S�iA
FINDINGS OF FACT AND DECISION
APPLICANT: Benzinger Properties LLC
APPLICATION: Request for approval of a Final Plat for 24 single family lots to be known as
Crimson Ponds West 2nd Addition.
CITY COUNCIL MEETING: 9 June 2013
FINDINGS: Based upon review of the application and evidence received, the City Council of the
City of Otsego now makes the following findings of fact:
A. The legal description of the property is Outlot D, Crimson Ponds West, City of Otsego, Wright
County, State of Minnesota.
B. The subject site is guided by the Comprehensive Plan for low density residential land uses
within the East Sewer District.
C. The subject site is zoned R-4, Single Family Residential District.
D. The City Council approved a preliminary plat for the subject site on 10 October 2005.
E. The applicant is proposing a final plat of 25 single family lots to be known as Crimson Ponds
West 2nd Addition.
F. The Request for Council Action dated 9 June 2014 prepared by the City Planner, The
Planning Company LLC, is incorporated herein.
G. The Engineering Review dated June 2, 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 Crimson Ponds West 2nd Addition shall comply with the following
minimum lot requirements:
1
3
2
The final plat shall be revised to designate Odell Avenue as Odell Lane.
Signs identifying future extension of public streets shall be installed at all temporary cul-de-
sacs or deadend streets as determined by the City Engineer.
5. The developer will be required to install landscaping adjacent to 75th Street as approved with
the preliminary plat as a condition of final plat approval and provide a security as part of the
development contract.
6. The applicant shall satisfy park and trail dedication requirements as a cash fee in lieu of land
of $48.294.90
7. All drainage and utility easements are subject to review and approval of the City Engineer.
8. All grading, drainage and erosion control plans are subject to review and approval by the City
Engineer and the developer shall pay applicable stormwater impact fees upon approval of
the final plat.
9. The applicant shall pay applicable utility availability charges upon approval of the final plat
and all utility plans are subject to review and approval of the City Engineer.
10. 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.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 9th day of June, 2014.
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
Lot
Area
Lot
Width
Lot
Depth
Setbacks
Front
Side
Rear
75 St.
Interior
12,O00sf.
75ft.
100ft.
35ft.
1Oft.
20ft.
65ft.
Corner
35ft.
The final plat shall be revised to designate Odell Avenue as Odell Lane.
Signs identifying future extension of public streets shall be installed at all temporary cul-de-
sacs or deadend streets as determined by the City Engineer.
5. The developer will be required to install landscaping adjacent to 75th Street as approved with
the preliminary plat as a condition of final plat approval and provide a security as part of the
development contract.
6. The applicant shall satisfy park and trail dedication requirements as a cash fee in lieu of land
of $48.294.90
7. All drainage and utility easements are subject to review and approval of the City Engineer.
8. All grading, drainage and erosion control plans are subject to review and approval by the City
Engineer and the developer shall pay applicable stormwater impact fees upon approval of
the final plat.
9. The applicant shall pay applicable utility availability charges upon approval of the final plat
and all utility plans are subject to review and approval of the City Engineer.
10. 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.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 9th day of June, 2014.
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
Attest:
Tami Loff, City Clerk
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2014-39
RESOLUTION APPROVING DEVELOPERS AGREEMENT FOR
CRIMSON PONDS WEST 2ND ADDITION
WHEREAS, Benzinger Properties is seeking approval of a Plat known as
CRIMSON PONDS WEST 2ND 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
Benzinger Properties is hereby approved in form, subject to modification of
fees, charges and security as approved by City staff.
2. The Mayor and City Clerk are hereby authorized to execute the final
Developers Agreement on behalf of the City of Otsego.
ADOPTED by the City Council of the City of Otsego this 9th day of June,
2014.
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
2
DEVELOPMENT AGREEMENT
CRIMSON PONDS WEST 2" ADDITION
AGREEMENT entered into this day of June, 2014 between the City of Otsego
("City"), a municipal corporation organized under the laws of the State of Minnesota, and
Benzinger Properties, a corporation under the laws of the State of Minnesota ("Developer").
1. Request for Plat Approval. The Developer has requested that the City
approve that plat entitled CRIMSON PONDS WEST 2ND ADDITION. The
legal description of the property covered by this Agreement is as follows:
Outlot D, CRIMSON PONDS WEST, according to the Plat on file and of
record at the Office of the County Recorder, Wright County, Minnesota.
The Plat contains twenty five (25) single family residential lots. The plat is located within
the City's East Sewer District, is zoned R-4, Single Family Residential District as approved
by Ordinance adopted by the City Council on July 24, 2000. The Final Plat for CRIMSON
PONDS WEST was approved by the City Council on October 10, 2005.
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.
1
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 five (25) lots within the Plat does not occur until all required security has been
posted.
5. Changes in Official Controls. CRIMSON PONDS WEST 2' 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
CRIMSON PONDS WEST 2ND 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, CRIMSON PONDS WEST 2ND ADDITION prepared by
Loucks Associates.
Plan B Grading, Drainage, and Erosion Control Plan prepared by Loucks
Associates and as finally approved by the City Engineer.
Plan C Sanitary Sewer, Water Main, Storm Sewer and Streets Plans for
CRIMSON PONDS WEST 2ND ADDITION, as prepared by Loucks
Associates and as finally approved by the City Engineer.
W
Plan D Landscape Plan for CRIMSON PONDS WEST 2' ADDITION,
prepared by Loucks Associates, 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
1. 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
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.
3
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 December 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 151' and October 15' 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
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
4
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.
17. Streets. The Developer agrees to maintain the streets in 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 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
s
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.
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 $4,250.00.
20. Sewer Availability Charges. The Sewer Availability Charges for the Plat
due upon Final Plat approval is as follows; 25 lots at $2,200.00 per REC = $ 55,00.00.
Developer has a credit of $42,066.73 from the initial final plat of CRIMSON PONDS
WEST which reduces the Sewer Availability Charge due upon Plat approval to $12,933.27
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: 25 lots at $1,566.00 per REC = $ 39,150.00.
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 have
been reduced due to a land dedication south of 75`h Street with the CRIMSON PONDS
WEST final plat. Park and trail fees for this Plat and future phases are reduced to 57.7% of
the applicable fee. The cash fee for this Plat is as follows; 25 lots x $3,348.00 per lot x
57.7%= $48,294.90.
25. Storm Water Management Fee. Developer shall pay a Stormwater Charge
for LeFebvre Creek as follows: 11.9 acres x $2,145.00 per gross acre = $25,525.50.
26. Transportation Infrastructure Cost. Developer has previously constructed
75t' Street in the initial Final Plat and has been provided credit for that construction against
City collector street access fees in the amount of $84,905.00 in this Plat and future related
developments. The collector street access fee for this Plat is as follows: 25 lots x 1,405.00
31
per lot = 35,125.00- $84,905.00= - $49,780.00 credit. The credit will be applied to future
additions final platted from Outlot A, CRIMSON PONDS WEST 2ND ADDITION.
27. Street and Traffic Control Signs. Before the City signs the final plat, the
Developer shall pay to the City $2,500.00 for installation of traffic control signs (stop signs,
street signs, dead-end signs). The said amount was calculated as follows: 10 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: 3 lights x $2,000.00 per light for a total payment of $ 6,000.00. 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%) 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:
Engineering Services Escrow
8% of $ $425,000.00
$34,000.00
Legal Services Escrow
1% of $425,000.00
$4,250.00
City Administration Fee
1% of $425,000.00
$4,250.00
Street Signs
10 x $250.00 per sign
$2,500.00
Street Lights
3 x $2,000.00 per light
$6,000.00
Sewer Availability Charge
25 lots x $2,200.00 per REG credit
$12,993.27
Water Availability Charge
25 lots at $1,566.00 per REC
$39,150.00
Stormwater Impact Charge
11.89 acres x $2,145 per gross acre
$25,525.50
Transportation Charge
No charge due to credits accrued.
$0.00
Park and Trail Dedication Fee
25 lots x $3,348/lot x 57.7%
$48,294.90
TOTAL
$176,963.67
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.
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 $620,625.00, said amount calculated as follows:
Site grading, erosion control and wetland protection
$36,000.00
Sanitary sewer (lateral)
$76,000.00
Watermain (lateral)
$119,000.00
Stormsewer
$66,000.00
Streets
$164,000.00
Landscaping
$10,000.00
Engineering services
$25,500.00
SUBTOTAL
$496,500.00
25% additional security
$124,125.00
TOTAL
$620,625.00
8
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 July 1, 2015 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.
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 $87,150.00, which is the amount of warranty security. A
warranty security in the amount of $87,150.00 shall be posted with the City as set forth in
paragraph 34 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 $620,625.00.
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
9
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.
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 $87,150.00. 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
10
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
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: Developer shall obtain drainage, pond and utility
easements fully executed by the affected property owner over all portions of property
outside of the Plat necessary for construction and maintenance of Plat related drainage,
pond and utility improvements as required and approved by the City Engineer. Said
easements shall be recorded at the same time as the Plat and this Agreement.
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.
11
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 (3 0) 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
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
12
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
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.
13
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
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 CRIMSON PONDS WEST 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: Jeff Benzinger, Benzinger
Properties, 21301 County Road 81, Rogers, MN 55374. 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
Jessica Stockamp, Mayor
Tami Loff, City Clerk
14
BENZINGER PROPERTIES
STATE OF MINNESOTA
ss.
COUNTY OF WRIGHT
Its:
Jeff Benzinger
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
15
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged
2014 by Jeff Benzinger the
authority and on behalf of the corporation.
DRAFTED BY:
MACARTHUR LAW OFFICE, LLC
3 601 Thurston Avenue North
Suite 103
Anoka, NIN 55303
(763) 231-5850
16
before me this day of
of Benzinger Properties, with
Notary Public
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