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3.10 Parkview Retail 3rd Addition Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 27 March 2023 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty City Engineer Wagner City Attorney Kendall 3.10 – Parkview Retail 3rd Add STRATEGIC VISION MEETS: THE CITY OF OTSEGO: Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of a final plat for Parkview Retail 3rd Addition and approval of a development contract. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes No BACKGROUND/JUSTIFICATION: Parkview Partners, LLC has submitted application for final plat approval of Parkview Retail 3rd Addition consisting of two commercial lots at the southwest corner of Parrish Avenue (CSAH 42) and 88th Street. The preliminary plat and PUD-CUP for Parkview Retail was approved by the City Council on 22 July 2019. The developer previously received approval of the same final plat on 11 October 2021, which expired without being executed. Zoning approvals for the proposed lots within Parkview Retail 3rd Addition will be considered as a separate application. Comprehensive Plan. The 2012 Comprehensive Plan guides Parkview Retail for commercial land use as part of the City’s primary retail, service, and office development area at TH 101 and CSAH 39. The proposed final plat will provide for lots for development of business in Otsego consistent with the goals of the Comprehensive Plan Zoning. The subject site is zoned B-3 General Business District. Lot Requirements. Minimum lot area, lot width, and setback requirements for the B-3 District established by Section 11-77-7 of the Zoning Ordinance. Lots must have a minimum area of one acre and minimum width of 200 feet: ▪ Lot 1, Block 1 is 1.23 acres in area and is 205 feet wide measured at the front setback line parallel to Parkview Avenue, which complies with the minimum area and width requirements of the B-3 District. ▪ Lot 2, Block 1 is 1.29 acres in area and is 200 feet wide measured at the front setback line parallel to Parkview Avenue, which complies with the minimum area and width requirements of the B-3 District. ▪ A 30 foot setback is required from public rights-of-way abutting the lots on the front and rear lot lines and a 10 foot setback is required from the side lot lines. The proposed lots have sufficient building envelope within required setbacks to allow for development that in compliance with the Zoning Ordinance. Streets. The subject site abuts Parkview Avenue and Parrish Avenue (CSAH 42). Access to the proposed lots will only be allowed to Parkview Avenue, which was constructed as a public improvement project as part of the Parkview Retail plat. There is a sidewalk on the east side of Parkview Avenue abutting the subject site. A trail has been constructed on the west side of Parrish Avenue between 88th Street and 87th Street by the Parrish Meadows developer. Funds were paid to the City with the Parkview Retail 2nd Addition final plat for that portion of the trail and a similar fee will be required for the proposed Parkview Retail 3rd Addition. The final plat is subject to review by Wright County as it abuts CSAH 42. Grading Plan. The final plat encompasses a previously constructed regional stormwater drainage basin for Parkview Retail 2nd Addition and Parkview Retail 3rd Addition. A grading plan and stormwater management and erosion control issues within the final plat will be reviewed as part of a development application for the proposed lots. All grading, drainage, and erosion control issues are subject to review and approval of the City Engineer. Utilities. Utilities were constructed with the prior public improvements to provide sewer and water services to Parkview Retail 3rd Addition. Connection to the existing utility lines will be reviewed at such time as application for development of the proposed lots is submitted, subject to review and approval of the City Engineer. The developer is required by Section 8-1-5 and Section 8-1-6 of the City Code to pay utility availability charges for Parkview Retail 3rd Addition at the time of final plat approval. Easements. A temporary drainage and utility easement was dedicated over the subject site with the Parkview Retail 2nd Addition final plat that terminates upon approval and recording of the proposed final plat. The developer’s title company is requesting formal termination of the easement to be affected by adoption of a resolution. Section 10-8-12.A of the Subdivision Ordinance requires dedication of 10 foot wide drainage and utility easements at the perimeter of the two proposed lots within Parkview Retail 3rd Addition. A permanent drainage and utility easement is shown on the final plat overlaying the existing regional stormwater basin. All drainage and utility easements are to be subject to review and approval of the City Engineer. Park Dedication. The preliminary plat approval for Parkview Retail stipulates that park dedication requirements for the subdivision are to be satisfied as a cash fee in lieu of land paid at the time of final plat approval. The developer will be required to pay a cash fee in lieu of land based on the current fee schedule in accordance with Section 3-1-2 of the City Code. Development Contract. The City Attorney has drafted a development contract as required by Section 10- 10-4 of the Subdivision Ordinance, although the final plat does not include public improvements at this time. Future improvements will be the responsibility the developer of the individual lots. Recording. Section 10-5-3-B.8 of the Subdivision Ordinance requires recording of the final plat and development agreement within 100 days of City Council approval. The final plat mylars and development contract are to be executed by the parties concurrent with the real estate closing between the property owner and entity purchasing Lot 2, Block 1. The title company will subsequently record the final plat and development contract with Wright County and convey the securities and fees to the City. SUPPORTING DOCUMENTS ATTACHED: ▪ Findings of Fact and Decision ▪ Resolution 2023-23 terminating a temporary drainage and utility easement ▪ Resolution 2023-24 approving a development contract ▪ Development Contract ▪ Final Plat POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to approve the final plat of Parkview Retail 3rd Addition subject to the conditions stated in the Findings of Fact and Decision as presented; adopt Resolution 2023-23 terminating a temporary drainage and utility easement; and adopt Resolution 2023-24 approving a development contract. BUDGET INFORMATION FUNDING: BUDGETED: N/A N/A v1-22Mar23 1 PARKVIEW RETAIL 3RD ADDITION FINDINGS OF FACT & DECISION APPLICANT: Parkview Partners, LLC APPLICATION: Request for approval of the final plat of Parkview Retail 3rd Addition. CITY COUNCIL MEETING: 27 March 2023 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 Outlot A, Parkview Retail 2nd Addition. B. The property lies within the East Sewer District and is guided for commercial land uses by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned B-3, General Business District. D. A preliminary plat for Parkview Retail was approved by the City Council on 22 July 2019. E. The applicant is requesting approval of a final plat consisting of two lots. F. The Request for Council Action dated 27 March 2023 prepared by the City Planner, The Planning Company LLC, is incorporated herein. DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED, subject to the following conditions: 1. All grading, drainage, and erosion control issues are to be subject to review and approval of the City Engineer. 2. The developer shall pay the City for the cost of construction for the trail on the west side of Parrish Avenue (CSAH 42) between Parkview Retail 2nd Addition and Parrish Meadows, subject to review and approval of the City Engineer. 3. All utility issues are subject to review and approval of the City Engineer. 4. The developer shall pay utility availability charges at the time of final plat approval. 5. Park dedication requirements shall be satisfied as a cash fee in lieu of land in accordance with Section 10-8-15 of the Subdivision Ordinance. 6. All drainage and utility easements shall be subject to review and approval of the City Engineer. v1-22Mar23 2 7. The developer shall enter into w development contract with the City as provided for by Section 10- 10-4 of the Subdivision Ordinance as drafted by the City Attorney and subject to approval of the City Council. 8. The final plat shall be subject to review and approval of Wright County. 9. The final plat shall be recorded by within 100 days of City Council approval as required by Section 10- 5-3.B.8 of the Subdivision Ordinance. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 27th day of March, 2023. 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: 2023-23 APPROVING TERMINATION OF TEMPORARY DRAINAGE AND UTILITY EASEMENTS WITHIN THE PLAT OF PARKVIEW RETAIL 2ND ADDITION WHEREAS, the approval of Parkview Retail 2nd Addition final plat included a condition that the developer dedicate temporary drainage and utility easements over Outlot A, Parkview Retail 2nd Addition; and WHEREAS, the temporary drainage and utility easements were dedicated by the Subdivider in a document executed June 14, 2021 and recorded with Wright County as Document 1474144; and WHEREAS, the document provides that the temporary drainage and utility easements shall expire upon approval of a final plat for Outlot A, Parkview Retail 2nd Addition; and WHEREAS, Parkview Partners, LLC has submitted application for approval of a final plat of Outlot A Parkview Retail 2nd Addition as Parkview Retail 3rd Addition consisting of two lots; and WHEREAS, the proposed Parkview Retail 3rd Addition final plat provides for dedication of permanent drainage and utility easements as required by Section 10-8-15 of the Subdivision Ordinance; and WHEREAS, the City Engineer has determined that the temporary drainage and utility easements dedicated over Outlot A, Parkview Retail 2nd Addition no longer serve a public purpose upon approval of the Parkview Retail 3rd Addition final plat; and WHEREAS, the Request for Council Action dated 27 March 2023 prepared by the City Planner, The Planning Company LLC, is incorporated herein; and, WHEREAS, the City Council having considered all information received finds that the existing drainage and utility easements serve no useful public purpose and vacating the existing drainage and utility easements would be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA THAT: 1. The existing temporary drainage and utility easements dedicated over Outlot A, Parkview Retail 2nd Addition are terminated. 2. The termination shall be effective upon recording a final plat for Parkview Retail 3rd Addition. 2 3. The City Council hereby determines that the termination of said existing temporary drainage and utility easements shall cause no damage to any abutting or nearby property owners and therefore no damages are awarded to any such property owners. 3. The Easement Termination document attached hereto between the City of Otsego and Parkview Partners, LLC is hereby approved in form subject to modification as approved by City staff. 2. The Mayor and City Clerk are hereby authorized to execute the Easement Termination on behalf of the City of Otsego. ADOPTED by the Otsego City Council this 27th day of March, 2023. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: CITY OF OTSEGO BY:______________________________ Jessica L. Stockamp, Mayor ATTEST:______________________________ Audra Etzel, City Clerk [29105-0003/4987601/1] 1 EASEMENT TERMINATION Parkview Partners, LLC, a Minnesota limited liability company (“Parkview”), and the City of Otsego, a municipal corporation organized under the laws of the State of Minnesota, (“City”), make this Easement Termination (this “Termination”) effective as of _________________, 2023 (the “Effective Date”). RECITALS A. Parkview granted the City a temporary easement for public drainage and utility purposes over, across, on and through the property owned by Parkview and legally described and set forth in the Grant of Temporary Easement dated June 14, 2021, and recorded June 18, 2021, as Document No. A1474144 (the “Easement”). B. Parkview and the City wish to terminate the Easement. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree that the Easement is terminated, vacated, extinguished and released in all respects, any and all right, title, or interest that the City, or its successors and assigns may have in and to the Easement is terminated, vacated, extinguished and released and of no further force and effect as of the Effective Date. This Termination may be executed in one or more counterparts, each of which in the aggregate shall constitute one and the same instrument. [Signature pages follow] S-1 SIGNATURE PAGE TO EASEMENT TERMINATION The undersigned has executed and delivered this Termination as of the Effective Date. Parkview Partners, LLC By Christopher J. Rice, Chief Manager STATE OF MINNESOTA ) ) SS COUNTY OF ______________ ) On this day of ______________, 2023, before me, a Notary Public for this County, personally appeared Christopher J. Rice, who, being by me duly sworn, did say that he is the Chief Manager of Parkview Partners, LLC, and that this instrument was signed on behalf of said limited liability company by authority of its Members and acknowledged said instrument to be the free act and deed of said limited liability company. Notary Public S-2 SIGNATURE PAGE TO EASEMENT TERMINATION The undersigned has executed and delivered this Termination as of the Effective Date. City of Otsego By Jessica L. Stockamp Its Mayor And, By Audra Etzel Its City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF WRIGHT ) On this day of ______________, 2023, before me, a Notary Public for this County, personally appeared Jessica L. Stockamp and Audra Etzel, who, being by me duly sworn, did say that they are the Mayor and City Clerk of the City of Otsego, a Minnesota municipal corporation, and that this instrument was signed on behalf of said corporation by authority of its City Council and acknowledged said instrument to be the free act and deed of said corporation. Notary Public THIS INSTRUMENT DRAFTED BY: Rinke Noonan (HAM/bjs) 1015 West St. Germain, Suite 300 P.O. Box 1497 St. Cloud, MN 56302-1497 (320) 251-6700 File No. 29105-0003 1 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2023-24 APPROVING A DEVELOPMENT CONTRACT FOR PARKVIEW RETAIL 3RD ADDITION WHEREAS, Parkview Partners, LLC (the “developer”) is proposing development of Parkview Retail 3rd Addition; and WHEREAS, a final plat for the development was approved by the City Council on 27 March 2023; 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 Parkview Partners, 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 Otsego City Council this 27th day of March, 2023. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: CITY OF OTSEGO __________________________________ Jessica L. Stockamp, Mayor ATTEST: __________________________________ Audra Etzel, City Clerk 1 218333v16 Parkview Retail 3rd Addition (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) PARKVIEW RETAIL 3RD ADDITION This DEVELOPMENT CONTRACT (this “Contract”) dated as of ____________________, 2023, by and between the CITY OF OTSEGO, a Minnesota municipal corporation (“City”), and PARKVIEW PARTNERS, LLC, a Minnesota limited liability company (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for PARKVIEW RETAIL 3RD ADDITION (referred to in this Contract as the "plat"). The land is situated in the County of Wright, State of Minnesota, and is legally described as: Outlot A, Parkview Retail 2nd Addition, Wright County, Minnesota, according to the recorded plat thereof. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the escrow 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 2 218333v16 Parkview Retail 3rd Addition satisfied: 1) this Contract has been fully executed by both parties and filed with the City Clerk, 2) the necessary escrow has been received by the City, and 3) the plat has been filed with the Wright County Recorder or Registrar of Titles’ office. 4. 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. 5. IMPROVEMENTS. The Developer shall install and pay for the following (the “Improvements”): A. Setting of Iron Monuments B. Surveying and Staking In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot corners must be completed before the applicable security, if any, is released. The Developer’s surveyor shall also submit a written notice to the City certifying that the monuments have been installed. 6. 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 Improvements. 7. TIME OF PERFORMANCE. The Developer shall install all required Improvements by September 30, 2023. 8. 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 this Contract. 3 218333v16 Parkview Retail 3rd Addition 9. LATERAL AND TRUNK SANITARY SEWER. The Developer shall pay a cash fee in the amount of $26,785.47 for the Sewer Availability Charge (“SAC”) prior to the City’s release of the signed plat which is calculated as follows: 2.51 Gr Ac X 3.5 RECs/Gr Ac X$3,049.00/REC = $26,785.47 10. LATERAL AND TRUNK WATERMAIN. The Developer shall pay a cash fee in the amount of $18,694.48 for the Water Availability Charge (“WAC”) prior to the City’s release of the signed plat which is calculated as follows: 2.51 Gr Ac X 3.5 RECS/Gr Ac X $2,128.00/Gr Ac = $18,694.48 11. SEWER CONNECTION CHARGE AND WATER CONNECTION CHARGE. The owner of each lot shall pay to the City required water and sewer connection charges. The water and sewer connection charges shall be collected per Section 8-1-6-C of City Code for all uses and must be paid prior to the issuance of a Certificate of Occupancy based on the fee schedule in effect at the time of application for the Certificate of Occupancy. 12. PARK DEDICATION. The Developer shall pay a cash contribution of $21,608.59 prior to the City’s release of the signed plat in satisfaction of the City’s park dedication requirements. The charge is calculated as follows: 2.51 Gr Ac X $8,609.00/Gr Ac = $21,608.59 13. STREET LIGHT OPERATION COSTS. The Developer shall be responsible to reimburse the City for the cost of street light installation consistent with a street lighting plan approved by the City by paying to the City a cash fee in the amount of $5,300.00 prior to the City’s release of the signed plat. The fee is calculated as follows: one (1) street light at $5,300.00 per street light. 14. 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 March 27, 2023. B. All grading, drainage, and erosion control issues are to be subject to review and approval of the City Engineer. 4 218333v16 Parkview Retail 3rd Addition C. The Developer shall provide a cash contribution to the City in the amount of $10,838.58 at the time of the City’s release of the signed plat to reimburse the City for the cost of construction for the trail on the west side of Parrish Avenue (CSAH 42) between Parkview Retail 2nd Addition and Parrish Meadows. The fee is calculated as follows: 381.64 Linear Feet X $28.40 per Linear Foot = $10,838.58 D. Park Dedication requirements shall be satisfied as a cash fee in lieu of land as provided herein in accordance with Section 10-8-15 of the Subdivision Ordinance. E. The Developer shall pay a cash escrow for the preparation of record construction drawings and City base map updating. This fee is $250.00 per lot for a total charge of $500.00. F. The Developer is required to submit the final plat in electronic format. The electronic format shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading, utilities, streets) shall be in electronic format in accordance with standard City specifications. 15. CONSTRUCTION ADMINISTRATION AND FEES FOR CITY SERVICES. The escrow and fee account shall 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 and delivery of this Contract), Trunk Water and Sewer Access Fees (a flat fee due upon execution and delivery of this Contract), Park and Trail Dedication Fees (a flat fee due upon execution and delivery of this Contract), Street Light Maintenance and Operation Fee (a flat fee due upon execution and delivery of this Contract) and shall be as stated by the Financial Summary. This escrow amount shall be submitted to the City prior to the City executing and delivering this 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 and delivery of this Contract. Any amounts for legal and engineering not utilized from this escrow fund shall be promptly returned to the Developer when all Improvements have been completed and all financial obligations to the City herein are satisfied. 5 218333v16 Parkview Retail 3rd Addition The parties agree that the City shall not issue building permits until all outstanding financial obligations pursuant to this Development Contract are satisfied by the Developer. All other amounts listed as flat fees are non-refundable and available immediately for City use when posted. 16. ESCROW. To ensure compliance with the terms of this Contract, and construction of all Improvements, and satisfaction of all other obligations herein, the Developer shall furnish the City with a cash escrow in the amount as required under this Contract. The City may draw down the escrow, on five (5) business days written notice to the Developer, for any uncured violation of the terms of this Contract. If the required Improvements are not completed before the date as provided herein, the City may also draw down the escrow without notice. If the escrow is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that the Improvements have been completed and financial obligations to the City hereunder have been satisfied, with City approval not to be unreasonably withheld or delayed, the escrow shall be promptly released to the Developer. This escrow amount shall be submitted to the City prior to execution and delivery 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 and delivery of the Contract. Upon completion of the work contemplated hereunder, the remaining escrow shall be promptly released to Developer. 17. SUMMARY OF ESCROW REQUIREMENTS. The amount of the escrow described above is calculated as follows: ESCROW A. Professional Services $7,000.00 B. GIS Data Entry 500.00 ESCROW TOTAL $7,500.00 This breakdown is not a restriction on the use of the escrow. 6 218333v16 Parkview Retail 3rd Addition 18. 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 and delivering the final plat: A. City Administrative ($1,500.00 Minimum) $1,500.00 B. Trunk Sewer Availability Charge (SAC) 26,785.47 C. Trunk Water Availability Charge (WAC) 18,694.48 D. Park Dedication 21,608.59 E. Street Lights 5,300.00 F. Trail Construction 10,838.58 TOTAL CASH REQUIREMENTS $84,727.12 19. 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 approval 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, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat as provided herein. 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, except to the extent caused by the gross negligence or intentional misconduct of the City or its officers, employees or agents. 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 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 7 218333v16 Parkview Retail 3rd Addition 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. E. In addition to the charges referred to herein, other charges may be imposed such as but not limited to City water connection charges, City sewer connection charges, and building permit fees for buildings constructed in the plat. 20. 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 reasonably determined by the City, is first given written 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. 21. MISCELLANEOUS. A. The Developer represents to the City that, to the Developer’s knowledge, 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, which is not cured following written notice to the Developer, shall be grounds for denial of building permits, including lots sold to third parties. 8 218333v16 Parkview Retail 3rd Addition 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. 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. F. 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 and Release 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 shall be provided in the same manner and subject to the same conditions as a Certificate of Completion and Release provided there are no outstanding or ongoing obligations of Developer under the terms of this Contract. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are, to Developer’s knowledge, 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. G. 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 9 218333v16 Parkview Retail 3rd Addition 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. H. 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. I. 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. J. Should the Developer convey any lot or lots in the plat to a third party, the City and the owner of that lot or those lots may execute a separate Site Improvement Performance Agreement or amend this 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 plat. Private agreements between the owners of lots within the plat for shared service or access and related matters necessary for the efficient use of the plat 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 plat. The City acknowledges and agrees that (a) the Developer shall only be responsible hereunder for the construction of the Improvements, and (b) the Developer shall not be responsible for any construction or other obligations related to the future development of the lots in the plat, which shall be the responsibility of the developers of such lots. 22. 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 10 218333v16 Parkview Retail 3rd Addition following address: 1019 Industrial Drive South, Sauk Rapids, Minnesota 56379. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator or mailed to the City by certified mail in care of the City Administrator at the following address: Otsego City Hall, 13400 90th Street NE, Otsego, Minnesota 55330. [The remainder of this page has been intentionally left blank. Signature pages follow.] 11 218333v16 Parkview Retail 3rd Addition 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 ______________, 2023, 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 12 218333v16 Parkview Retail 3rd Addition DEVELOPER: PARKVIEW PARTNERS, LLC By: Christopher J. Rice Its Chief Manager STATE OF MINNESOTA ) )ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2023, by Christopher J. Rice, the Chief Manager of PARKVIEW PARTNERS, LLC, a Minnesota limited liability company, on behalf of said entity. ______________________________________________ NOTARY PUBLIC DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: 651-452-5000 DSK/smt 13 218333v16 Parkview Retail 3rd Addition MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT WEST BANK, an Iowa state banking corporation, which holds: 1. A mortgage by Parkview Partners, LLC, a Minnesota limited liability company, in favor of West Bank, an Iowa state banking corporation, dated November 15, 2019, recorded November 20, 2019 as Document No. A1411591 in the Office of the County Recorder, Wright County, Minnesota, in the amount of $1,350,000.00; And 2. Modification of Mortgage between Parkview Partners, LLC, a Minnesota limited liability company, and West Bank, an Iowa state banking corporation, dated April 1, 2020, recorded April 6, 2020, as Document No. A1422875 in the Office of the County Recorder, Wright County, Minnesota; And 3. Modification of Mortgage between Parkview Partners, LLC, a Minnesota limited liability company, and West Bank, an Iowa state banking corporation, dated July 24, 2020, recorded August 6, 2020, as Document No. A1436028; And 4. Modification of Mortgage between Parkview Partners, LLC, a Minnesota limited liability company, and West Bank, an Iowa state banking corporation, dated July 15, 2022, recorded July 21, 2022, as Document No. A1512556; on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this _____ day of ____________, 2023. 14 218333v16 Parkview Retail 3rd Addition WEST BANK By: _________________________ [print name] Its _____________________ [title] STATE OF ______________ ) )ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this _____ day of ________________, 2023, by ___________________________, the _____________________________ of West Bank, an Iowa state banking corporation, on behalf of said entity. ________________________________________ NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 651-452-5000 DSK/smt NORTH LINE OF THEN.E. 1/4 OF THE N.E. 1/4SEC. 22, TWP. 121, RNG. 23N.E. CORNER OF THEN.W. 1/4 OF THE N.E. 1/4 OFSEC. 22, TWP. 121, RNG. 23S.E. CORNER OF THEN.W. 1/4 OF THE N.E. 1/4 OFSEC. 22, TWP. 121, RNG. 23EAST LINE OF THEN.W. 1/4 OF THE N.E. 1/4SEC. 22, TWP. 121, RNG. 23SOUTH LINE OF THE N.W. 1/4 OF THE N.E. 1/4 SEC. 22, TWP. 121, RNG. 23 N.E. CORNER OF THE N.E. 1/4OF SEC. 22, TWP. 121, RNG. 23N00°17'07"W 1313.57N89°37'47"E 1325.4880808080 N89°49'12"E 75.00205.03176.616ƒ :89.501ƒ (L=216.74R=340.00© ƒ 1ƒ :1ƒ (6ƒ (5510 10DRAINAGE AND UTILITY EASEMENTDRAINAGE AND UTILITY EASEMENT10DRAINAGE AND UTILITY EASEMENTBLOCK 1LOT 1LOT 21 0 8 0 DRAINAGE ANDUTILITY EASEMENTL=99.98Δ=16°50'54"S00°20'32"E 167.34N89°38'22"E 53.28 N00°20'43"W 134.35N89°39'28"E 154.03 39.042020 N89°41'57"E 272.56 L=116.76Δ=19°40'33"10N87°02'31"E 174.90173.18DRAINAGE AND UTILITY EASEMENTN00°20'43"W13.735555PARKVIEW RETAIL 3RD ADDITIONFOUND MONUMENTTHE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHEASTQUARTER OF SECTION 22, TOWNSHIP 121, RANGE 23IS ASSUMED TO BEAR N00°17'07"W0'4080120SCALE IN FEET1 INCH = 40 FEETGOVERNMENT CORNERSITEVICINITY MAP (NOT TO SCALE)SECTION 22, TOWNSHIP 121, RANGE 23NE 1/4NW 1/4SW 1/4SE 1/4 SURVEYORS CERTIFICATEI, Christopher R. Foley, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; thatthis plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plathave been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of thiscertificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat.Dated this day of , 20 .Christopher R. Foley, Licensed Land SurveyorMinnesota License No. 55343STATE OF COUNTY OF The foregoing Surveyor's Certificate was acknowledged before me this day of , 20 , by Christopher R. Foley, Land Surveyor, MinnesotaLicense No. 55343. (Notary Signature)(Notary Name Printed)Notary Public, County, MinnesotaMy Commission Expires CITY COUNCIL, CITY OF OTSEGO, MINNESOTAThis plat of PARKVIEW RETAIL 3RD ADDITION was approved and accepted by the City Council of the City of Otsego, Minnesota, at a regular meeting thereof held this dayof , 20 , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. Mayor City ClerkWRIGHT COUNTY SURVEYORI hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this dayof , 20.Wright County SurveyorWRIGHT COUNTY HIGHWAY ENGINEERThis plat was reviewed and recommended for approval this day of , 20.Wright County EngineerWRIGHT COUNTY LAND RECORDSPursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable for the year 20 on the land hereinbefore described have been paid. Also, pursuant to MinnesotaStatutes, Section 272.12, there are no delinquent taxes and transfer entered this day of , 20 .Wright County Land Records AdministratorWRIGHT COUNTY RECORDERI hereby certify that this instrument was filed in the office of the County Recorder for record on this day of , 20, at o'clock.M., and was duly recorded in Cabinet No. , Sleeve, as Document Number .Wright County RecorderKNOW ALL PERSONS BY THESE PRESENTS: That Parkview Partners, LLC, a Minnesota limited liability company, owner of the following described property situated in the County ofWright, State of Minnesota, to wit:OUTLOT A, PARKVIEW RETAIL 2ND ADDITION, Wright County, Minnesota.Has caused the same to be surveyed and platted as PARKVIEW RETAIL 3RD ADDITION and does hereby dedicate to the public for public use the drainage and utility easements as createdby this plat.In witness whereof said Parkview Partners, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this dayof , 20 .Parkview Partners, LLCBy Christopher J. Rice, Chief ManagerSTATE OF COUNTY OF This instrument was acknowledged before me this day of , 20 , by Christopher J. Rice, Chief Manager of Parkview Partners, LLC, a Minnesota limitedliability company, on behalf of said company. (Notary Signature)(Notary Name Printed)Notary Public, County, MinnesotaMy Commission Expires SET 1/2" BY 14" IRON PIPE MARKED BY LICENSE NO. 55343