The URL can be used to link to this page

1. Prairie Pointe Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 20 June 2022 PRESENTER(s) REVIEWED BY: ITEM #: City Planner Licht City Administrator/Finance Director Flaherty City Engineer Wagner City Attorney Kendal 1 – Prairie Pointe STRATEGIC VISION MEETS: THE CITY OF OTSEGO: Is a strong organization that is committed to leading the community through innovative communication. X Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of a final plat and adoption of a resolution approving a development contract. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes Yes BACKGROUND/JUSTIFICATION: Otsego Pointe, LLC is requesting final plat approval of Prairie Pointe consisting of 93 single family lots. DR Horton received City Council approval of the preliminary plat on 25 October 2022. Otsego Pointe, LLC will act as the developer for the subdivision and sell the finished lots to DR Horton to construct homes upon. ▪ Comprehensive Plan. The Future Land Use Plan of the 2012 Comprehensive Plan guides the subject site for low density residential uses, which is as single family development with a net density of 3.0 dwelling units per acre or less. The subject site is 120.3 acres in area with a net area less the Natural Environment Lake, Otsego Creek, and wetland of 83.7 acres. The net density of the preliminary plat is 2.1 dwelling units per acre. The proposed preliminary plat is designed using smaller urban sized lots as allowed within the R-5, Single and Two Family District so as to maximize preservation of the environmentally sensitive areas along the Otsego greenway corridor and surrounding the Natural Environment lake. The proposed development is consistent with the policies of the 2012 Comprehensive Plan. ▪ Zoning. The subject site is zoned R-5, Residential Single and Two Family District. Portions of the subject site are also within the Shoreland Overlay District. Single family lots are a permitted use within the R-5 District. ▪ Preliminary Plat Consistency. The final plat consists of 93 single family lots accessed by public streets. The preliminary plat has been revised to provide for a cul-de-sac street south of 80th Street parallel to the west boundary of the plat based on the approved street layout of the abutting Prairie View Estates preliminary plat. The change involving the Prairie Pointe and Prairie View Estates provides for a better arrangement of lots and street accesses to 80th Street. The cul-de-sac street and lots accessed from it will not be developed in this phase, but the revised layout does affect Block 6 eliminating a street connection to Marquette Avenue through that block. ▪ Lot Requirements. The preliminary plat and PUD-CUP approval required a minimum lot area and minimum lot width for each lot consistent with the requirements of the R-5 District. Within the R-5 District, the required minimum lot area is 9,000 square feet and the minimum width is 60 feet measured at the front setback line. All of the proposed lots comply with the minimum requirements of the R-5 District. The preliminary plat approval also included a PUD Density analysis for portions of the plat within the Shoreland Overlay District meeting the requirements of Section 11-92-17.D of the Zoning Ordinance. ▪ Setback. The table below summarizes the minimum setback requirements applicable to the lots within the final plat based on the requirements of the R-5 District and Shoreland Overlay District. Each of the lots within the final plat have a building envelope that complies these setbacks. Local Street Interior Side Interior Rear Wetland NE Lake Otsego Creek 25ft. house 30ft. garage 7ft. 20ft. 40ft. 150ft. 50ft. ▪ Streets. The proposed lots will be accessed by local public streets entering the development from 80th Street at the west plat line and 83rd Street at the northeast corner of the final plat. Existing Marlowe Avenue and 83rd Street will be removed and replaced by an internal street. The connection of 80th Street and 83rd Street through the plat will be made by a street with a 32 foot wide section to function as a minor collector street anticipating additional traffic to/from Prairie View Elementary. A no parking zone resolution is included for City Council approval to limit parking to one side of these streets. All of the other streets are to be 28 feet wide with concrete curb and gutter within a 60 foot wide right-of-way. No temporary cul-de-sacs streets are required with this phase of development. Street names shown on the final plat are consistent with Section 10-8-10.B.13 of the Subdivision Ordinance and the Wright County grid system. All street construction plans are subject to review and approval by the City Engineer. ▪ Sidewalks/Trails. A five foot concrete sidewalk is to be constructed on one side of all streets. Trail is to be constructed on the north side of 80th Street from the west plat line to Marquette Avenue. Trail will be constructed on the south side of the segment of 83rd Street from Martin Avenue to Otsego Creek. The developer will also construct an off-street trail within Outlot B encompassing a portion of Otsego Creek within the plat, the cost of which will be credited for park dedication purposes. ▪ Street lights. Section 8-8-4 of the City Code specifies installation of street lighting for new subdivisions at the corners of intersecting streets and midblock locations for blocks longer than 900 feet within the final plat. The number and location of proposed street lights is subject to review and approval of the City Engineer. The development contract provides for payment of the street light operation fee of as established by the City Code. ▪ Landscaping. Section 11-19-2.B of the Zoning Ordinance requires installation of two shade trees per lot. Builders will install the required landscaping as construction of houses on each lot progresses. The security for the landscaping will be collected at the time of building permit for each lot. ▪ Easements. The final plat illustrates drainage and utility easements at the perimeter of each single family lot and overlaying stormwater facilities as required by Section 10-8-12.A of the Subdivision Ordinance. Temporary drainage and utility easements are to be dedicated by document over Outlots G, H, I, J, K, L and M with expiration upon subsequent final plat approval. All drainage and utility easements are subject to approval of the City Engineer. ▪ Outlots. The proposed final plat includes the outlots described in the table below: Outlot Purpose Ownership A-E Stormwater basins/wetlands Deed to City F Trail Deed to City G-M Future phases Developer ▪ Grading and Drainage Plans. The developer has submitted grading and drainage plans for the proposed final plat. All grading, drainage, and erosion control plans are subject to review and approval by the City Engineer. The preliminary plat includes a condition that the developer secure permitting for improvements to Otsego Creek required for the Otsego Creek Stormwater Management Plan. It has been determined that the City will be responsible for the design, permitting, and construction of the Otsego Creek project. The timing of the Otsego Creek project does not affect the timing of the proposed final plat except that a separate DNR permit will be required for crossing Otsego Creek with utilities. ▪ Utilities. The developer has submitted utility plans for the proposed final plat that are subject to review and approval by the City Engineer. Sewer for the final plat is connected from the south from Martin Farms and will require DNR approval to cross Otsego Creek. Water service can be obtained from other locations without crossing the creek, but it is the intent to install both the sewer and water pipes below Otsego Creek with this phase of development. The developer is required to pay Utility Availability Charges at the time of final plat approval as outlined in the Development Contract. Utility connection charges are to be paid by the builder when a building permit is issued for each lot in accordance with the fee schedule in effect at that time. ▪ Park and Trail Dedication. The Parks System Master Plan identifies establishment of a greenway corridor along Otsego Creek and around the Natural Environment Lake within the east 40 acres of the subject site. The proposed development is within the park service areas of Prairieview Elementary School (and future middle school) to the west in terms of providing active park areas. In consideration of the proposed R-5 District/Shoreland Overlay District lot requirements by PUD- CUP for the approved preliminary plat, the developer will dedicate pay the full park dedication fee in lieu of land per lot as set forth by Section 10-8-15.G of the Subdivision Ordinance. The development contract provides a credit to the park dedication fee in lieu of land for the cost of construction of the off-street trail within Outlot B adjacent to Otsego Creek. ▪ Development Contract. The City Attorney has drafted a Development Contract executed by the developer related to the proposed final plat to provide for completion of all public improvements, establishment of required securities, and payment of applicable fees. The Development Contract is to be adopted by resolution of the City Council concurrent with the final plat approval. ▪ Recording. Section 11-5-3-B.8 of the Subdivision Ordinance requires recording of the final plat within 100 days of City Council approval. The City Clerk will record the final plat and Development Contract upon receipt of the fees and securities required by the development contract. SUPPORTING DOCUMENTS ATTACHED: ▪ Site location map ▪ Final Plat ▪ Engineering Review dated June 10, 2022 ▪ Findings of Fact and Decision ▪ Resolution 2022-56 approving a Development Contract ▪ Development Contract ▪ Resolution 2022-57 establishing No Parking Zones POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to approve the Prairie Pointe Final Plat subject to the stipulations stated as by the Findings of Fact and Decisions; adopt Resolution 2022-56 approving a Development Contract; and adopt Resolution 2022- 57 establishing No Parking Zones. BUDGET INFORMATION FUNDING: BUDGETED: N/A N/A Wright County, MN Developed by Date created: 6/16/2022 Last Data Uploa ded: 6/16/2022 10:25:11 AM 1,948 ft Overvi ew Legend Roads C SAHC L C TYC L MUNIC L PRIVATEC L TWPC L Highw ays Intersta te State Hwy US Hwy City/T ow nship Limits c t Parcels T orr ens CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS CIVIL ENGINEERSLAND PLANNERSLAND SURVEYORSLANDSCAPE ARCHITECTS CIVIL ENGINEERSLAND PLANNERS LAND SURVEYORSLANDSCAPE ARCHITECTS CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENGINEERING REVIEW Residential Subdivision for the City of Otsego by Hakanson Anderson Review No. 5 Submitted to: Honorable Mayor and City Council cc: Adam Flaherty, City Administrator/Finance Director Audra Etzel, City Clerk Dan Licht, City Planner Dave Kendall, City Attorney Nathan Fair, Jonathan Homes Brian Molinaro, Pioneer Engineering Nicholas Polta, Pioneer Engineering Lori Krueger-Kopischke Reviewed by: Ronald J. Wagner, P.E. Brent M. Larson, P.E. Abdullah A. Alqwaizani, EIT Date: June 10, 2022 Proposed Development: Prairie Pointe Location of Property: Portions of the SE ¼ of SW ¼ Section 19 T121 R23 and NE ¼ of NW ¼ Section 30 T121 R23. Generally East of Marlowe Avenue and South of 83rd Street Applicant: Nathan Fair, Otsego Point LLC Developer: Otsego Point, LLC 13432 Hanson Bldv. NW Andover, MN 55304 Owner: Lori L Krueger-Kopischke Owners of Record: Lyle Vetsch Purpose: Prairie Pointe is a proposed 120 acre, 175 residential lots with Prairie Point, the initial addition constituting 93 of those lots. 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), Minnesota (but not limited to) Pollution Control Agency (sanitary sewer), and Wright County PAGE 2 S:\Municipal\Aotsego23xx\2352 Prairie Pointe\A-REVIEW PHASE\OT2352 RVW5 Prairie Point.docx TABLE OF CONTENTS INFORMATION AVAILABLE FINAL PLAT GRADING PLAN EXISTING CONDITIONS/REMOVALS DEVELOPMENT PLAN GRADING PLAN EROSION CONTROL PLAN DETAILS CONSTRUCTION PLAN COVER SHEET EXISTING CONDITIONS/REMOVALS SANITARY & WATERMAIN STORM SEWER PLANS DRAINTILE TYPICAL SECTIONS STREET PLANS TRAIL PLAN EROSION CONTROL PLAN/SWPPP DETAILS STORMWATER MANAGEMENT PLAN OTHER CONSIDERATIONS SUMMARY PAGE 3 S:\Municipal\Aotsego23xx\2352 Prairie Pointe\A-REVIEW PHASE\OT2352 RVW5 Prairie Point.docx INFORMATION AVAILABLE Final Plat for Prairie Pointe, dated 5/11/2022, by Pioneer Engineering Final Street and Utility Construction Plans for Prairie Pointe, dated 5/9/2022, by Pioneer Engineering Final Grading Plans for Prairie Pointe, dated 5/9/2022, by Pioneer Engineering Storm Sewer Design Calculations for Prairie Pointe, dated 3/3/2022 and 3/24/2022, By Pioneer Engineering Preliminary Storm Water Management Plan for Prairie Pointe, dated 12/20/21, by Pioneer Engineering Preliminary Plans for Prairie Pointe, dated 12/20/21, Pioneer Engineering Draft Soil Borings, dated 5/19/2021, by Braun Intertec Wetland Delineation Report, dated 6/2/2021, by Westwood Professional Services Additional Information Minnesota Rules, Chapter 4410 – EAW Requirement City of Otsego Engineering Manual City of Otsego Zoning and Subdivision Ordinances National Wetland Inventory Map PAGE 4 S:\Municipal\Aotsego23xx\2352 Prairie Pointe\A-REVIEW PHASE\OT2352 RVW5 Prairie Point.docx FINAL PLAT 1. Lot 11, Block 6 cannot be platted at this time as it is directly adjacent to the creek restoration project that is still in the design and permitting process so cannot be built on at this time. This lot shall be platted as Outlot M until a future addition. 2. 10’ easement width along the rear yards of Lots 1-2, Block 2 appears to be sufficient. 15’ is being provided. 3. Verify lot sizes and dimensions meet minimums for Lots F177, F178 and F165-F167. These lots have been revised to avoid the wetland buffers. GRADING PLANS COVER SHEET 4. No comments. EXISTING CONDITIONS/REMOVAL PLAN 5. Existing conditions shall show and label all utilities within 150’ of the site boundary and shall include rim and invert elevations for storm and sanitary sewer. See attached redline. DEVELOPMENT PLAN 6. Creek elevations will be provided by the City once the creek restoration design complete and approved. 7. Show the wetland setback lines (40’ from wetland edge or 20’ form buffer, whichever is greater). 8. The setback lines for Lots F170-172 shall not be within the easement. 9. A separate tabulation spreadsheet shall be provided. GRADING PLAN 10. Show the wetland setback lines (40’ from wetland edge or 20’ form buffer, whichever is greater). 11. Please show the Phase 1 grading limits/line. The area south of the creek is not being graded at this time. 12. Label the 1st Addition limit line. 13. Confirm that no grading of the existing 83rd Street or Marlowe Avenue is proposed besides removal of the existing bituminous in the future. 14. Otsego Creek and affected wetland(s) NWL and HWL elevations will be provided once the PAGE 5 S:\Municipal\Aotsego23xx\2352 Prairie Pointe\A-REVIEW PHASE\OT2352 RVW5 Prairie Point.docx Otsego Creek restoration project design and permitting/approval is complete (or at least final HWL can be agree upon). The final design/modeling of the creek will provide the proposed HWL elevation needed. The grading and storm pipes that discharge to the creek shall be adjusted to these final elevations/locations. 15. See attached redlines for additional comments. EROSION CONTROL PLAN 16. Per grading precon meeting a second rock entrance shall be shown on 83rd Street. SWPPP 17. No comments. DETAILS 18. The Stabilized Emergency Overflow detail calls for Tensar SC250 TRM instead of the Articulated Concrete Block required by the City. Please provide additional product information for review and approval for this alternate item. 19. City standard detail states no RAP is allowed in the bituminous wear course. We recommend that a note be added to the typical sections. CONSTRUCTION PLANS COVER SHEET 20. No comments EXISTING CONDITIONS/REMOVALS 21. Otsego Creek and affected wetland(s) NWL and HWL elevations will be provided once the Otsego Creek restoration project design and permitting/approval is complete (or at least final HWL can be agree upon). The final design/modeling of the creek will provide the proposed HWL elevation needed. The grading and storm pipes that discharge to the creek shall be adjusted to these final elevations/locations. 22. See Grading Plan existing conditions comments/redlines. SANITARY SEWER AND WATERMAIN PLANS 23. Per discussion the watermain crossing at the creek shall be lowered approx. 5’ below the culvert crossing invert shown (final design/location is not set yet). Also the watermain shall be shown lower on both sides of the crossing to avoid potential conflicts with the final design. A CAD file for the current proposed creek and culvert alignment (not approved yet) will be sent with this review. The alignment appears to closely match the location of the culvert end on the west side but is shifted approx. 25’ south on the east side. PAGE 6 S:\Municipal\Aotsego23xx\2352 Prairie Pointe\A-REVIEW PHASE\OT2352 RVW5 Prairie Point.docx 24. See redlines. DRAINTILE 25. No comments. TYPICAL SECTIONS 26. See redlines STREET PLANS 27. See redlines. TRAIL PLAN 28. No comments. STORM POLLUTION PREVENTION PLAN 29. See grading SWPPP comments. DETAILS 30. No comments. STORMWATER MANAGEMENT PLAN 31. The report is not signed by the engineering. 32. The area north of 83rd Street (to 500P) is not shown in the drainage area maps (existing or proposed). This area does not appear to accounted for in the model. 33. The existing and proposed HydroCAD models have added ponds 4P and 5P from the school site to the west as well as P21 filtration basin but the inflow, HWL and discharge rates do not appear to have been affected at all. Please contact Brent Larson at HAA to discuss. Please revise the drainage area maps to label these two ponds as 4P and 5P to match the model diagram (currently labeled as school). Also update the maps to include 3S and 21P. 34. The 2.5” NURP model needs to remove the starting elevations and show that that volume of rain will not outlet. OTHER CONSIDERATIONS 1. Developer is in the process of obtaining permits for the culvert extensions at 83rd Street crossing as well as for the sanitary sewer and watermain crossing of the creek at the south end of the project. This work is pending permit approvals but will remain a requirement PAGE 7 S:\Municipal\Aotsego23xx\2352 Prairie Pointe\A-REVIEW PHASE\OT2352 RVW5 Prairie Point.docx of the 1st Addition. SUMMARY AND/OR RECOMMENDATION We recommend approval contingent on the above comments being addressed. v1-9Jun22 1 FINAL PLAT FINDINGS OF FACT & DECISION APPLICANT: Otsego Pointe, LLC APPLICATION: Request for final plat approval of Prairie Pointe. CITY COUNCIL MEETING: 20 June 2022 FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes the following findings of fact: A. The legal description of the property is: Parcel 1: The Southeast Quarter of the Southwest Quarter of Section 19, Township 121, Range 23, Wright County, Minnesota. Parcel 2: The Northwest Quarter of the of Northeast Quarter of Section 30, Township 121, Range 23, Wright County, Minnesota. Parcel 3: The Northeast Quarter of the Northwest Quarter of Section 30, Township 121, Range 23, excepting therefrom, however, the North 1034 feet of the West 421.36 feet thereof, Wright County, Minnesota. AND The North 1034.00 feet of the West 421.36 feet of the Northeast Quarter of the Northwest Quarter of Section 30, Township 121, Range 23, as measured along the North and West lines of said Northeast Quarter of the Northwest Quarter, Wright County Minnesota. B. The property lies within the West Sewer District and is guided for Low Density Residential land uses by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned R-5, Residential Single and Two Family District. D. The applicant is requesting final plat approval of 93 single family lots and 13 outlots. E. The Request for Council Action dated 20 June 2022 prepared by the City Planner, The Planning Company LLC, is incorporated herein. G. The Engineering Review dated June 10, 2022 prepared by the City Engineer, Hakanson Anderson, Inc. is incorporated herein. v1-9Jun22 2 H. Final plat applications are processed in accordance with Section 10-3-3 of the Subdivision Ordinance and do not require a recommendation by the Planning Commission. DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED, subject to the following stipulations: 1. The applicant shall execute a development contract as drafted by the City Attorney and subject to approval of the City Council. 2. All of the lots within the final plat shall comply with the minimum lot area, minimum lot width, and setback requirements of the R-5 District. 3. Landscaping as required by Section 11-19-2.B.1 of the Zoning Ordinance shall be installed by the builder shall install one shade tree per lot at the time of construction. 4. All street design and construction plans shall be subject to review and approval of the City Engineer. 5. Street lighting shall be installed within the final plat in accordance with Title 8, Chapter 8 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. 6. All grading, drainage, and erosion control plans shall be subject to review and approval by the City Engineer. 7. The City shall assume responsibility for design, permitting, and construction of improvements for Otsego Creek as part of the Otsego Creek Stormwater Management Plan. The developer shall pay a Stormwater Impact Fee as required for Otsego Creek in accordance with the City Fee Schedule. 8. All utility plans shall be subject to review and approval of the City Engineer. 9. The applicant shall pay applicable utility availability charges upon approval of the final plat and the builder shall pay utility connection charges at the time a building permit is issued for each lot based on the current fee in effect at that time. 10. All easements shall be subject to review and approval of the City Engineer. 11. Temporary drainage and utility easements shall be dedicated over Outlots G, H, I, J, K, L, and M to expire upon approval of a final plat. 12. Outlots A, B, C, D, and E shall be deeded to the City for stormwater management purposes. 13. Outlot F shall be deeded to the City for trail purposes. 14. The developer shall satisfy park and trail dedication requirements as a cash fee in lieu of land per lot less a credit as determined by the City Engineer for the construction of the off-street trail within Outlot B. 15. The final plat shall be recorded within 100 days of City Council approval as required by Section 10 -5- 3.B.8 of the Subdivision Ordinance. v1-9Jun22 3 MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 20th day of June, 2022. CITY OF OTSEGO By:________________________________ Jessica L. Stockamp, Mayor Attest: By:____________________________ Audra Etzel, City Clerk 1 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2022-56 APPROVING A DEVELOPMENT CONTRACT FOR PRAIRIE POINTE WHEREAS, Otsego Pointe, LLC (the “developer”) is proposing platting of the Prairie Pointe final plat; and WHEREAS, a final plat was approved by the City Council on 20 June 2022; and WHEREAS, Section 10-10-4.A of the Subdivision Ordinance requires the developer to enter into a development contract to provide the City construction and warranty securities for the public and private improvements and to provide the City various remedies in the event that the developer breaches the terms and conditions of said contract; and WHEREAS, those obligations are outlined and memorialized in the attached Development Contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA THAT: 1. The Development Contract attached hereto between the City of Otsego and Otsego Pointe, LLC is hereby approved in form subject to modification of fees, charges, and securities as approved by City staff. 2. The Mayor and City Clerk are hereby authorized to execute the Development Contract on behalf of the City of Otsego. 2 ADOPTED by the City Council of the City of Otsego this 20th day of June, 2022. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: CITY OF OTSEGO __________________________________ Jessica L. Stockamp, Mayor ATTEST: __________________________________ Audra Etzel, City Clerk 1 222158v1 Prairie Pointe (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) PRAIRIE POINTE CONTRACT dated ____________________, 2022, by and between the CITY OF OTSEGO, a Minnesota municipal corporation (“City”), and OTSEGO POINTE LLC, a Minnesota limited liability company (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for PRAIRIE POINTE (referred to in this Contract as the "plat"). The land is situated in the County of Wright, State of Minnesota, and is legally described on Exhibit “A” attached hereto and made a part hereof. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City Engineer following approval of a preliminary plat by the City Council, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this contract has been fully executed by both parties and filed with the City Clerk, 2) the 2 222158v1 Prairie Pointe necessary security has been received by the City, 3) the necessary insurance for the Developer and its construction contractors has been received by the City, and 4) the plat has been filed with the Wright County Recorder or Registrar of Titles’ office. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park dedication charges referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks and outlots, within two (2) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For five (5) years from the date of this Contract, no amendments to the City’s Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City’s Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. The plans may be prepared, subject to the City Engineer’s approval, after entering the Contract, but before commencement of any work in the plat. The City Engineer may approve minor amendments to Plans without City Council approval. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: 3 222158v1 Prairie Pointe Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan Plan C - Plans and Specifications for Public Improvements 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Sewer System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control H. Underground Utilities I. Setting of Iron Monuments J. Surveying and Staking K. Sidewalks and Trails L. Retaining Walls M. Landscaping The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utility and street construction; and any other ordinances including Chapter 6 of the City Code concerning erosion and sediment control. The Developer shall submit plans and specifications which have been prepared by a competent Minnesota registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer’s engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The 4 222158v1 Prairie Pointe Developer, its contractors and subcontractors, shall follow all instructions received from the City’s inspectors. The Developer’s engineer shall provide for on-site project management. The Developer’s engineer is responsible for design changes and contract administration between the Developer and the Developer’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City with all parties concerned, including the City staff, to review the program for the construction work. Within thirty (30) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of reproducible “as- constructed” plans and an electronic file of the “as-constructed” plans in an AutoCAD .DWG file or a .DXF file, all prepared in accordance with City standards. In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot corners must be completed before the applicable security is released. The Developer ’s surveyor shall also submit a written notice to the City certifying that the monuments have been installed following site grading, utility and street construction. 9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include: A. Wright County for County Road Access and Work in County Rights-of-Way B. MnDot for State Highway Access C. MnDot for Work in Right-of-Way D. Minnesota Department of Health for Watermains E. MPCA NPDES Permit for Construction Activity F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal G. DNR for Dewatering H. City of Otsego for Building Permits, Retaining Walls, Irrigation I. MDH for water permits J. MPCA for sewer extension 5 222158v1 Prairie Pointe K. DNR permits/licenses for crossing Otsego Creek: a. Utilities b. 83rd Street Culvert Extensions 11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by March 30, 2023. 13. STREETS. The Developer agrees to maintain the streets within the Plat until the base course bituminous surfacing has been accepted by the City. Should the City be required to grade the street prior to paving, the cost of such grading shall be paid by the Developer and draw from the Developer’s letter of credit. Should the City determine that snowplowing is necessary prior to street paving, the City will plow the street(s) prior to acceptance of the streets. The Developer shall hold harmless and indemnify the City from any and all liability related to this snow plowing and shall pay all costs associated with this snow plowing. Any plowing undertaken by the City shall constitute no acceptance or evidence of acceptance of the street(s) in question. The final wear course shall not be constructed until at least one construction season after the base construction is completed and shall be delayed one more construction season if at least 75% build out is not achieved. However, the final wear course shall not be delayed for a period longer than two years after the base course is paved, regardless of build out; in which case, the Developer shall provide an escrow for fog sealing the streets in the event the final wear course is placed prior to 75% build out. Upon final completion of streets and acceptance by the City as a City street rather than a private drive, the Developer shall guarantee to the City for a period of two (2) years the streets have been constructed to City standards. The warranty period shall not commence until such time as street construction is completed 6 222158v1 Prairie Pointe and the streets are accepted as City streets by the City. The two (2) year warranty period set forth above commences upon the date on which the City accepts the streets by resolution. 14. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 15. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the grading operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in accordance with the City’s current seeding specification which may include temporary seed to provide ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. 16. GRADING. The plat shall be graded in accordance with the approved grading development and erosion control plan, Plan “B”. The plan shall conform to City of Otsego specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits (except three (3) model home permits on lots acceptable to the Building Official), the Developer shall provide the City with an “as-constructed” grading plan certified by a registered land surveyor or engineer that all storm water treatment/infiltration basins and swales, have been constructed on public easements or land owned 7 222158v1 Prairie Pointe by the City. The “as-constructed” plan shall include field verified elevations of the following: a) cross sections of storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed “conservation area” posts; and c) lot corner elevations and house pads, and all other items listed in City Code. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report, including referenced development phases and lot descriptions, shall be submitted to the Building Official for review prior to the issuance of building permits. Before a building permit is issued, a cash escrow shall be furnished to the City in accordance with the City’s current fee schedule to guarantee compliance with the erosion control and grading requirements and the submittal of an as-built certificate of survey. Prior to the release of the required individual lot grading and erosion control security that is submitted with the building permit, an as-built certificate of survey for single family lots must be submitted to verify that the final as-built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development, and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. If the final grading, erosion control and as-built survey is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as-built survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. A certified as-built building pad survey must be submitted and approved for commercial, industrial or institutional developments prior to issuance of a building permit. 17. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any 8 222158v1 Prairie Pointe construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 18. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the improvements lying within public easements shall become City property without further notice or action. 19. LATERAL STORM SEWER. The Developer shall post a security for lateral storm sewer in the amount of $992,505.54 which is due upon final plat approval. The Developer shall pay a cash fee in the amount of $157,766.15 for the Trunk Storm Water Management Impact Fee due upon final plat approval which is calculated as follows: 39.59 Net Acres X $3,985/Net Acre = $157,766.15 20. LATERAL AND TRUNK SANITARY SEWER. The Developer shall pay to the City the required water availability charges and sanitary sewer availability charges. The water and sewer availability charges shall be collected according to Section 8-1-6-B of City Code including 9.0 RECs per gross acre for multiple family uses and 3.5 RECs per gross acre for commercial, industrial, or institutional uses. The Developer shall post a security in the amount of $998,694.41 for Lateral and Trunk Sanitary Sewer which is due upon final plat approval. The Developer shall pay a cash fee in the amount of $268,305.00 for the Sewer Availability Charge (“SAC”) at the time of plat approval which is calculated as follows: 93 REC X $2,885.00/REC = $268,305.00 21. LATERAL AND TRUNK WATERMAIN. The Developer shall post a security in the amount of $762,970.00 for the Lateral and Trunk Watermain and connection. The Developer shall receive a credit as determined by the City Engineer of $34,110.20 from the WAC cash fee for the cost of upsizing 8” watermain to 10” for portions of the site. The Developer shall pay a cash fee in the amount of $153,191.80 for the Water Availability Charge (“WAC”) at the time of plat approval which is calculated as follows: 93 REC X $2,014.00/REC – $34,110.20 = $153,191.80 9 222158v1 Prairie Pointe 22. SEWER CONNECTION CHARGE AND WATER CONNECTION CHARGE. The Developer shall pay to the City required water and sewer connection charges. The water and sewer connection charges shall be collected per Section 8-1-6-C of City Code for all uses and must be paid prior to the issuance of a building permit based on the fee schedule in effect at the time of application for the building permit. 23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and public street construction is restricted to access the subdivision as approved by the City Engineer. 24. PARK AND TRAIL DEDICATION. The Developer shall pay a cash contribution of $227,894.49 in satisfaction of the City’s park dedication requirements. The Developer shall receive a credit as determined by the City Engineer of $39,945.51 from the park dedication cash fee for the cost of construction of an off-street trail within Outlot B. The charge was calculated as follows: 93 lots at $2,880.00 per lot - Developer Credit in the amount of $39,946.51 = $227,894.49 25. WETLAND, STREET, AND TRAFFIC CONTROL SIGNS. The Developer shall pay to the City $16,000.00 for installation of wetland, street, and traffic control signs. The fee is calculated as follows: 64 signs X 250.00/Sign = $16,000.00 26. STREET LIGHT OPERATION COSTS. The Developer shall be responsible for the cost of street light installation consistent with a street lighting plan approved by the City. The Developer shall pay to the City a cash fee in the amount of $3,500.00. The fee is calculated as follows: seven (7) street lights at $500.00 per street light. 27. LANDSCAPING. The Developer or lot purchaser shall plant least two (2) trees on every lot in the plat, one of which must be planted in the front yard. Trees that are chosen by the Developer or property owner cannot cause a public nuisance, such as cotton producing trees, or trees that may become a public hazard due to insect infestation or weak bark. The minimum deciduous tree size shall be two and one-half (2½) inches caliper, balled and burlapped. Evergreen trees must be at least eight feet (8’) tall. The trees may not be planted in the right-of-way. The Developer or lot purchaser shall sod the front 10 222158v1 Prairie Pointe yard, boulevard, and side yards to the rear of the structure on every lot. Weather permitting, the trees, sod, and seed shall be planted within sixty (60) days after a home has received a certificate of occupancy. Before a building permit is issued, a cash escrow per each lot in the plat shall be furnished the City in accordance with the City’s current fee schedule to guarantee compliance with the landscaping requirements. If the landscaping is not completed in a timely manner, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the landscaping the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer or property owner is responsible for contacting the City when all the landscaping has been installed to set up an inspection. Fifty percent (50%) of the security will be released when all the landscaping has been installed and inspected by City staff and the remaining fifty percent (50%) will be released one year after the landscaping inspection and any warranty work has been completed. 28. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the conditions listed in the Findings of Fact approved by the City Council on June 20, 2022. B. Before the City signs the final plat, the Developer shall convey Outlots A, B, C, D, E, and F to the City by warranty deed, free and clear of any and all encumbrances, including but not limited to all Outlots for stormwater basins, wetlands, and wetland buffers. C. The Developer shall grant to the City temporary drainage and utility easements over Outlots G, H, I , J, K, L, and M in a form approved by the City, which shall expire when the outlots are final platted into lots and blocks. D. All street design and construction plans shall be subject to review and approval of the City Engineer. 11 222158v1 Prairie Pointe E. The Developer shall install street lighting within the final plat in accordance with Title 8, Chapter 8 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. F. All grading, drainage, and erosion control plans shall be subject to review and approval of the City Engineer. G. All utility plans shall be subject to review and approval of the City Engineer. H. All easements shall be subject to review and approval of the City Engineer. I. The City shall assume responsibility for design, permitting and construction of improvements for Otsego Creek as part of the Otsego Creek Stormwater Management Plan. The Developer shall pay a Stormwater Impact Fee as required for Otsego Creek in accordance with the City Fee Schedule. J. The Developer shall be responsible for all design and DNR permitting for the culvert extensions for the 83rd Street crossing of Otsego Creek. The developer shall not disturb the section of 83rd Street impacting Otsego Creek until the permitting is fully executed by the DNR. If DNR permitting for the work required to reconstruct 83rd Street and provide the culvert extensions does not allow the completion of these items at the same time as the remaining 1st Addition public improvements the City Engineer may extend the deadline for completion to a date no later than the date of completion for improvements for a 2nd Addition final plat or March 30, 2025 whichever occurs first. K. The Developer shall pay applicable utility availability charges upon approval of the final plat and the Developer shall pay utility connection charges at the time a building permit is issued for each lot based on the current fee in effect at that time. L. The final plat shall be recorded within one hundred (100) days of City Council approval as required by Section 10-5-3.B8 of the Subdivision Ordinance. M. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of the proposed property to be platted with all property corner monumentation in place and marked 12 222158v1 Prairie Pointe with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the survey. The Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. N. The Developer shall pay a cash fee for the preparation of record construction drawings, GIS, and City base map updating. This fee is $250.00 per lot for a total charge of $4,005.00 O. The Developer is required to submit the final plat in electronic format. The electronic format shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading, utilities, streets) shall be in electronic format in accordance with standard City specifications. 29. CONSTRUCTION ADMINISTRATION AND FEES FOR CITY SERVICES. The Developer shall pay a fee for consulting engineering administration following approval of the Plat. City engineering administration will include consultation with Developer and its engineer on status or problems regarding the project, monitoring during the warranty period, general administration and processing of requests for reduction in security. Fees for this service shall be the actual amount billed for those services, which are estimated to be three percent (3%) of the estimated construction cost of the Improvements to be inspected, assuming normal construction and project scheduling. The Developer shall pay for construction observation performed by the City Engineer. Construction observation shall include part or full time observation, as determined by the City Engineer, of proposed street, sanitary sewer, water and storm drainage construction and will be billed on hourly rates actually required for said inspection, which are estimated to be five percent (5%) of the estimated construction cost of the Improvements to be inspected. In the event of prolonged construction or unusual problems, the City will notify the Developer of anticipated cost overruns for engineering administration and observation services. Any amounts for engineering administration not utilized from this escrow fund shall be returned to the Developer when all improvements have been completed, all financial obligations to the City satisfied, and the required "as constructed" plans have been 13 222158v1 Prairie Pointe received by the City. The escrow and fee account shall also include estimated fees for Legal expenses actually incurred (with any excess funds, if any, returned to Developer as indicated in this Contract), City Administrative Fee (a flat fee due upon execution of this Agreement), Trunk Water and Sewer Access Fees (a flat fee due upon execution of this Agreement), Park and Trail Dedication Fees (a flat fee due upon execution of this Agreement), and shall be as stated by the Financial Summary. This escrow amount shall be submitted to the City prior to the City executing this Agreement. All administrative and legal fees related to plan review, drafting of this Agreement and any other necessary items shall be paid to the City prior to execution of this Agreement. Any amounts for legal and engineering not utilized from this escrow fund shall be returned to the Developer when all improvements have been completed, all financial obligations to the City satisfied, and the required "as constructed" plans have been received by the City. All other amounts listed as flat fees are non-refundable and available immediately for City use when posted. 30. SECURITY. To ensure compliance with the terms of this Contract, and construction of all public improvements, and satisfaction of all other obligations, the Developer shall furnish the City with a cash escrow or Irrevocable Standby Letter of Credit with automatic renewal provisions in the amount as required under this Contract. The security amount shall be one hundred twenty five (125) percent of the City Engineer’s estimated cost of all public improvements and/or private improvements required by the Subdivision Ordinance or Zoning Ordinance. The Developer shall provide an additional security equal to six and one-half (6.5%) of the estimated cost of the required public and/or private improvements for use by the City for the purpose of assuming responsibility for design, bidding, and construction administration of the required improvement in the event of a default by the Developer as provided for by this contract. The issuer and form of the security (other than cash escrow) shall be subject to City approval in its reasonable discretion. The security shall be issued by a banking institution in good standing as determined by the City and approved by the City Administrator. The City shall have the ability to draw on the security at 14 222158v1 Prairie Pointe a bank or branch bank located within fifty (50) miles of the City Hall. The security shall contain an automatic renewal provision and shall not expire until all the Development is complete and fully and finally accepted by the City, and all terms of this Contract are satisfied. The City may draw down the security, on five (5) business days written notice to the Developer, for any violation of the terms of this Contract or without notice if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval not to be unreasonably withheld or delayed, the security shall be reduced from time to time in proportion to the work completed, but not below ten (10) percent which is the amount of the warranty security. For purposes of this Section, the warranty period shall be a twelve (12) month period after the applicable work has been completed, except with respect to streets, for which the warranty period shall be two years as addressed elsewhere in this Contract. This security amount shall be submitted to the City prior to execution of the Contract. All administrative and legal fees related to plan review, drafting of this Contract and any other necessary items shall be paid to the City prior to execution of the Contract. Upon completion of the work contemplated hereunder and expiration of the warranty period, the remaining security shall be promptly released to Developer. 31. SUMMARY OF SECURITY REQUIREMENTS. The amount of the security described above is calculated as follows: CONSTRUCTION COSTS: A. Sanitary Sewer – Lateral and Trunk $998,694.41 B. Watermain – Lateral and Trunk 762,970.00 C. Storm Sewer – Lateral 992,505.54 D. Streets 1,341,392.00 CONSTRUCTION SUB-TOTAL $4,095,561.95 15 222158v1 Prairie Pointe OTHER COSTS: A. Engineering & Surveying Construction Services (6.5%) $266,211.53 OTHER COSTS SUB-TOTAL $266,211.53 TOTAL – SUBTOTAL $4,361,773.48 TOTAL IRREVOCABLE LETTER OF CREDIT $5,452,216.85 FOR SECURITY (125% OF SUBTOTAL ESCROW A. City Legal Expenses (Est. 1.0% of $4,095,561.95) $40,955.62 B. City Construction Observation (Est. 8.0% of $4,095,561.95) 327,644.96 C. GIS Data Entry 4,005.00 D. Outstanding Wetland Review Escrow Balance 477.57 ESCROW TOTAL $373,083.15 This breakdown is not a restriction on the use of the security. 32. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City prior to the City Council signing the final plat: A. City Administrative (Est. 1.0% of $4,095,561.95) $40,955.62 B. Trunk Sewer Availability Charge (SAC) 268,305.00 C. Storm Water Management Impact Fee 157,766.15 D. Trunk Water Availability Charge (WAC) 153,191.80 E. Park and Trail Dedication 227,894.49 F. Wetland, Street & Traffic Control Signs 16,000.00 G. Street Lights 3,500.00 TOTAL CASH REQUIREMENTS $867,613.06 33. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship, other than as set forth hereafter in this Section 31, for a period of one (1) year. The warranty period for streets is two (2) years as specified in this Contract. The warranty period for underground utilities is two (2) years and shall commence following completion and acceptance by City Council. A minimum of 10% of the total security as specified above in the portion of Section 31 of this Contract shall be retained as warranty security calculated as follows. 16 222158v1 Prairie Pointe DEVELOPMENT WARRANTY LETTER OF CREDIT A. Sanitary Sewer $149,804.16 B. Watermain 114,445.50 C. Storm Sewer 148,875.83 D. Streets 130,000.00 E. Erosion & Sedimentation Control 23,250.00 TOTAL WARRANTY LETTER OF CREDIT $566,375.49 34. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and construction observation inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may 17 222158v1 Prairie Pointe halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the Developer shall pay in full all bills submitted to it by the City prior to any reductions in the security for the development. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 35. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 36. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. 18 222158v1 Prairie Pointe D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits. F. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connections or inspections may be conducted and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities are accepted by the City Engineer. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the property. In the event this Contract is recorded, upon request by Developer, the City covenants to provide a recordable Certificate of Completion within a reasonable period of time following the request, upon the completion of the work and responsibilities required herein, payment of all costs and fees required and compliance with all terms of the Contract. A release of this Contract may be provided in the same manner and subject to the same conditions as a Certificate of Completion provided there are no outstanding or ongoing obligations of Developer under the terms of this Contract. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in 19 222158v1 Prairie Pointe the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Insurance. Prior to execution of the final plat, Developer and its general contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Developer and its general contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has finally accepted the public improvements, such insurance as shall protect Developer and its general contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Developer and its general contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: • $500,000 – Bodily Injury by Disease per employee • $500,000 – Bodily Injury by Disease aggregate • $500,000 – Bodily Injury by Accident The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”. 20 222158v1 Prairie Pointe All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City and (iii) shall identify the name of the plat. A copy of the endorsement must be submitted with the certificate of insurance. Developer’s and general contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s or general contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Developer’s negligence or its performance or failure to perform its obligations under this Contract. Developer’s indemnification obligation shall apply to Developer’s general contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer, or anyone for whose acts Developer may be liable. Developer agrees this indemnity obligation shall survive the completion or termination of this Contract. K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to 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 21 222158v1 Prairie Pointe and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. L. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it, until the City’s issuance of a Certificate of Completion and Release. M. Retaining walls over four feet in height shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the Building Official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans and by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. All retaining walls must comply with the City’s engineering manual and the City’s zoning ordinance. N. Should the Developer convey any lot or lots in the Development to a third party, the City and the owner of that lot or those lots may amend this Development Contract or other city approvals or agreements for development or use of those lots without the approval or consent of the Developer or other lot owners in the Development. Private agreements between the owners of lots within the Development for shared service or access and related matters necessary for the efficient use of the Development shall be the responsibility of the lot owners and shall not bind or restrict City authority to approve applications from any lot owner in the Development. 37. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 13432 Hanson Blvd NW, Andover, MN 55304. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in 22 222158v1 Prairie Pointe care of the City Administrator at the following address: Otsego City Hall, 13400 90th Street NE, Otsego, Minnesota 55330. [The remainder of this page has been intentionally left blank. Signature pages follow.] 23 222158v1 Prairie Pointe CITY OF OTSEGO BY: ___________________________________________ Jessica L. Stockamp, Mayor (SEAL) AND __________________________________________ Audra Etzel, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2022, by Jessica L. Stockamp and by Audra Etzel, the Mayor and City Clerk of the City of Otsego, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________________ NOTARY PUBLIC 24 222158v1 Prairie Pointe DEVELOPER: OTSEGO POINTE LLC BY: ___________________________________________ Its STATE OF MINNESOTA ) )ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2022, by __________________________________ the ____________________________________ of Otsego Pointe LLC, a Minnesota limited liability company. ______________________________________________ NOTARY PUBLIC DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: 651-452-5000 DSK/smt 25 222158v1 Prairie Pointe EXHIBIT “A” TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as PRAIRIE POINTE Parcel 1: The Southeast Quarter of the Southwest Quarter of Section 19, Township 121, Range 23, Wright County, Minnesota. Parcel 2: The Northwest Quarter of the Northeast Quarter of Section 30, Township 121, Range 23, Wright County, Minnesota. Parcel 3: The Northeast Quarter of the Northwest Quarter of Section 30, Township 121, Range 23, excepting therefrom, however, the North 1034 feet of the West 421.36 feet thereof, Wright County, Minnesota. Parcel 4: The North 1034.00 feet of the West 421.36 feet of the Northeast Quarter of the Northwest Quarter of Section 30, Township 121, Range 23, as measured along the North and West lines of said Northeast Quarter of Northwest Quarter, Wright County, Minnesota. Abstract Property. 26 222158v1 Prairie Pointe [BANK LETTERHEAD] IRREVOCABLE LETTER OF CREDIT No. ___________________ Date: _________________ TO: City of Otsego City Hall 13400 90th Street NE Otsego, Minnesota 55330 Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $____________, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. __________, dated ________________, 2_____, of (Name of Bank) "; b) Be signed by the City Administrator or Finance Director of the City of Otsego. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2_____. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Otsego Finance Director that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty - five (45) days prior to the next annual renewal date addressed as follows: Otsego Finance Director, Otsego City Hall, 13400 90th Street NE, Otsego, MN 55330, and is actually received by the Finance Director at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be dul y honored upon presentation. [NAME OF BANK] BY: ____________________________________ Its ______________________________ 1 222158v1 Prairie Pointe (Above Space is Reserved for Recording Information) Minnesota Wetland Conservation Act Declaration of Restrictions and Covenants for Project-Specific Wetland Replacement Replacement Wetland Declarant: General Location of Replacement: Sec. , Twp. , Rge. , County of This Declaration of Restrictions and Covenants for Project-Specific Wetland Replacement Wetland (Declaration) is made this day of , by the undersigned Declarant: RECITALS A. The Declarant holds the fee title or perpetual easement on the real property described in Exhibit A, attached hereto. B. This real property is the site of a Replacement Wetland, as defined in Minnesota Rules 8420.0111, subp. 60. Exhibit B, attached hereto, is a map or survey of the subject Replacement Wetland. C. The Declarant is seeking approval of (1) a replacement plan under Minnesota Statutes section 103G.222. D. The Replacement Wetland is subject to the Wetland Conservation Act of 1991, as amended, Minnesota Statutes section 103G.222 et seq., and all other provisions of law that apply to wetlands, except that the exemptions in Minnesota Statutes section 103G.2241 do not apply to the Replacement Wetland, pursuant to Minnesota Rules 8420.0420. E. The Local Government Unit (LGU) charged with approval of the Replacement Plan is , whose address is 2 222158v1 Prairie Pointe F. All references in this instrument to Minnesota Statutes and Rules are to the Statutes and Rules currently in effect and as amended or renumbered in the future. RESTRICTIONS AND COVENANTS The Declarant makes the following declaration of restrictions and covenants for the Replacement Wetland. These restrictions and covenants shall run with the land, and bind Declarant, and Declarant's heirs, successors, and assigns: 1. The Declarant shall maintain a Replacement Wetland of the size and type specified in the replacement plan approved by the LGU and on file at the offices of the LGU. Declarant shall not make any use of the Replacement Wetland that would adversely affect the functions or values of the wetland as determined by Minnesota Rules 8420.0522, and as specified in the replacement plan. 2. Declarant shall pay the costs of maintenance, repairs, reconstruction, and replacement of the Replacement Wetland, which the LGU or the State of Minnesota through the Minnesota Board of Water and Soil Resources may deem necessary to comply with the specifications for the Replacement Wetland in the approved replacement plan. 3. Declarant grants to the LGU, the State of Minnesota, and the agents and employees of the LGU and the State of Minnesota, reasonable access to the Replacement Wetland for inspection, monitoring, and enforcement purposes. This Declaration grants no access to or entry on the lands described to the general public. 4. Declarant represents that he or she has a fee simple or easement interest in the land on which the Replacement Wetland is or will be located. Declarant represents that he or she has obtained the consent of all other parties who may have an interest in the land on which the Replacement Wetland is or will be located to the creation of the restrictions and covenants herein, and that, all such parties have agreed in writing to subordinate their interests to these restrictions and covenants, pursuant to the attached Consent and Subordination Agreement(s). 5. Declarant shall record or file this Declaration, pay all costs associated with recording or filing, and provide proof of recording or filing to the LGU. If this Declaration is given pursuant to a replacement plan, such proof shall be provided to the LGU before proceeding with construction of the Replacement Wetland. 6. Acknowledge that this Easement shall be unlimited in duration, without being re-recorded. This Easement shall be deemed to be a perpetual conservation easement pursuant to Minn. Stat. ch. 84C. 7. If the replacement plan approved by the LGU and on file at its offices requires the establishment of areas of native vegetative cover, the term “Replacement Wetland” as used in this Declaration shall also include the required areas of permanent vegetative cover, even if such areas are not wetlands. All provisions of this Declaration that apply to the Replacement Wetland shall apply equally to the required areas of native vegetative cover. In addition, the Declarant: (a) Shall comply with the applicable requirements of Minnesota Rules 8420.0526; (b) Shall, at Declarant’s cost, establish and maintain permanent vegetative cover on areas specified in the replacement plan for native vegetative cover, including any necessary planting 3 222158v1 Prairie Pointe and replanting thereof, and other conservation practices, in accordance with the replacement plan; (c) Shall not produce agricultural crops on the areas specified in the replacement plan; (d) Shall not graze livestock on the areas specified in the replacement plan or; (e) Shall not place any materials, substances, or other objects, nor erect or construct any type of structure, temporary or permanent, on the areas specified in the replacement plan, except as provided in the replacement plan; (f) Shall, at Declarant’s cost, be responsible for weed control by complying with noxious weed control laws and emergency control of pests necessary to protect the public health on the areas specified in the replacement plan; and (g) Shall comply with any other requirements or restrictions specified in the replacement plan, including, but not limited to, haying, mowing, timber management or other vegetative alterations that do not enhance or would degrade the ecological functions and values of the replacement site. 8. This Declaration may be modified only by the joint written approval of the LGU and the State of Minnesota through the Minnesota Board of Water and Soil Resources. If the Replacement Wetland has been used to mitigate wetland losses under the Federal Water Pollution Control Act, the U.S. Army Corps of Engineers (or successor agency) must also agree to the modification in writing. Such modification may include the release of land contained in the legal description above, if it is determined that non-wetland areas have been encumbered by this Declaration, unless the approved replacement plan designates these non-wetland areas for establishment of permanent vegetative cover. 9. This Declaration may be enforced, at law or in equity, by the LGU, or by the State of Minnesota. The LGU and the State of Minnesota shall be entitled to recover an award of reasonable attorneys fees from Declarant in any action to enforce this Declaration. The right to enforce the terms of this Declaration is not waived or forfeited by any forbearance or failure to act on the part of the State or LGU. If the subject replacement area is to be used partially or wholly to fulfill permit requirements under the Federal Water Pollution Control Act or a federal farm program, then the provisions of this Declaration that run to the State or the LGU may also be enforced by the United States of America in a court of competent jurisdiction. 10. This Declaration must be recorded and proof of recording submitted to the LGU or other regulatory authority in order to be valid. __________________________________________ Signature of Declarant __________________________________________ Signature of Declarant 4 222158v1 Prairie Pointe STATE OF MINNESOTA ) ) ss. COUNTY OF ) This instrument was acknowledged before me on (date) by (name(s) of person(s). _________________________________________ (Signature of Notarial Officer) (Title) My commission expires: Attachments: [ ] Exhibit A (legal description) [ ] Exhibit B (map or survey of Replacement Wetland) This instrument drafted by: 5 222158v1 Prairie Pointe MINNESOTA WETLAND CONSERVATION ACT AFFIDAVIT OF LANDOWNER(S) STATE OF MINNESOTA ) ( ss. COUNTY OF _________ ) _______________________________________________, the Affiant herein, being first duly sworn, deposes and says: 1. Affiant is the owner of land described as follows, to-wit: (see attached legal description in Declaration) 2. Affiant is well-acquainted with the above-described land. 3. As of _________________, 2______, no persons were in possession of or claiming title to said land other than Affiant. 4. There have been no improvements made during the one hundred twenty (120) days prior to the above date for which any mechanics' liens might have arisen. 5. All taxes and assessments levied against the property have been paid when due, and such property is free and clear of any tax lien except for current taxes not yet due or not yet delinquent. 6. No lien for unpaid income taxes has been filed or is outstanding against the property. 7. The land described above is free of all mortgages, easements, liens and other encumbrances except as specified on the attached Form A-2 (Consent to Replacement Wetland). 8. No judgment or decree has been entered against Affiant that remains unsatisfied. 9. Affiant has not filed a bankruptcy petition nor had one filed against him under Title 11 of the United States Code. Further your Affiant sayeth not. ___________________________________ ___________________________________ Subscribed and sworn to before me this _____ day of ______________, 2____. ______________________________________ Notary Public AG:962 v1 222158v1 CONSENT TO REPLACEMENT WETLAND WHEREAS, _________________________________________ is the fee owner(s) of the following lands: [Insert same legal description from Replacement Wetland Declaration] AND WHEREAS, the undersigned, ____________________________, has an interest in the land pursuant to: _____ Mortgage _____ Utility Easement for utility line or pipeline which runs through the Replacement Wetland _____ Drainage Easement for ditch, tile line or other drainage system which runs through the Replacement Wetland _____ Contract for Deed ____ Lien _____ Other (specify)_________________________________ which document is dated ________________________, and was recorded on ____________________ in the Office of the County Recorder for Wright County, in Book _____, Page _______, as Document No. __________________; and WHEREAS, the fee owner or Landowner as defined in Minn. Rules part 8420.0110, subp. 29 intends to restore or create a Replacement Wetland under Minn. Stat. sec. 103G.222 and Minn. Rules part 8420.0530 or Minn. Rules part 8420.0740, upon the land described above. NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the undersigned hereby consents to the creation or restoration of the Replacement Wetland. The undersigned acknowledges that its interest in the land on which the Replacement Wetland is located shall be subject to all federal, state and local laws and regulations regarding wetlands, including the Declaration of Restrictions and Covenants for Replacement Wetland that is attached hereto. 222158v1 IN TESTIMONY WHEREOF, _______________________________________, the ________________________________ of the undersigned, has executed this document this _______ day of ___________________. ________________________________ ________________________________ Title ACKNOWLEDGEMENT STATE OF MINNESOTA ) ( ss. COUNTY OF ________ ) The foregoing instrument was acknowledged before me this _____ day of _________________, by ___________________________________________. _________________________________ Notary Public ______________________________ Notary Stamp or Seal THIS INSTRUMENT WAS DRAFTED BY: Board of Water and Soil Resources 520 Lafayette Road St. Paul, Minnesota 55155 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2022-57 ESTABLISHING NO PARKING ZONING WITHIN THE PLAT OF PRAIRIE POINTE WHEREAS, 80th Street, and Martin Avenue between 80th Street and 83rd Street have been designed to 32 feet in width within the plat of Prairie Pointe to accommodate anticipated traffic to Prairieview Elementary School; and WHEREAS, on-street parking of vehicles on this street may cause congestion and reduce access by emergency vehicles and other vehicles, which is a risk to public health safety and welfare; and WHEREAS, Section 7-2-2.A.1 of the City Code authorizes the City Council to designate parking zones by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA THAT: 1. The following parking zones shall be designated and posted as determined by the City Engineer: ▪ No Parking on the north side of 80th Street from the west plat line to Martin Avenue. ▪ No parking on the west side of Martin Avenue between 80th Street and 83rd Street. ADOPTED by the City Council of the City of Otsego this 20th day of June, 2022. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: CITY OF OTSEGO __________________________________ Jessica L. Stockamp, Mayor ATTEST: __________________________________ Audra Etzel, City Clerk