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08-28-06 ITEM 5_1 CLAIMS LIST CITY COUNCIL MEETING AUGUST 28, 2006 TO: Judy Hudson Attached is the Claims List for the City Council. For more details, please refer to the Check Detail Registers. If you have any questions regarding this service, please let me know. Claims Register 08 -16 -2006 $ 1,209,286.69 * 08 -23 -2006 $ 201,482.78 08 -23 -2006 $ (360.00) ** * Includes approved consent agenda items. ** Voided check #42712 to Carla Ransom ($30.00) and check #42890 to Election Systems Software ($330.00). PAYROLL 08 -16 -2006 • $ 36,800.68 GRAND TOTAL $ 1,447,210.15 If you have any questions or if you would like to review this list further, please let me know. Kathy Grover Bookkeeper CITY OF OTSEGO 08/23/06 1:08 PM Page 1 *Check Summary Register@ AUGUST 2006 Name Check Date Chec Amt 10100 BANK OF ELK RIVER UnPaid AIRGAS, INC. $100.97 OXYGEN /ACETYLENE/HAZMAT UnPaid ALPINE HOMES INC $3,500.00 6389 MASON LNDSCP ESCROW UnPaid ARROW TERMINAL LLC 5101.15 RATCHET TIE DOWNS UnPaid • ASSURANT EMPLOYEE BENEFIT 5306.00 PW -SEPT UnPaid BAUNE CONSTRUCTION, INC. 52,500.00 12421 66TH ST ESCROW REFUND UnPaid BRADLEY BELAIR $120.00 JULY /AUG CELL PHONE UnPaid BRAUN INTERTEC 5423.75 TRUNK WTMN & FRCMN TH101 UnPaid BRENT KOLLES 5120.00 JULY /AUG CELL PHONE UnPaid BROCK WHITE CO LLC $35.39 SINGLE NET WHITE BLANKET UnPaid BRYAN ROCK PRODUCTS, INC. 5766.33 AG LIME PRAIRIE PK WARNING TRACK UnPaid CARLA RANSOM 530.00 2005 MEETINGS (3) REPLACEMENT CHECK UnPaid CASSIDY REALTY & APPRAISAL $828.44 CONDEMNATION SVCS - SEBECK PROPER UnPaid DAVID CASTLE $130.00 JULY /AUG CELL PHONE UnPaid DHB $55,032.85 GENERATOR & INSTALLATION UnPaid DISTINCTIVE DESIGN IRRIGATIO 52,600.00 PRAIRIE PARK IRRIGATION UnPaid DON MASS 5120.00 JULY /AUG CELL PHONE UnPaid ECM PUBLISHERS INC 5729.75 LEGAL - PUBLIC HEARING UnPaid ELECTION SYSTEMS & SOFTWA 5319.01 HDWR/SFTWR SUPPORT AGRMT UnPaid ELK RIVER PRINTING & PARTY 51,619.87 W/S BILLING FORMS & ENVELOPES UnPaid EMPLOYER PLAN SERVICES IN $846.09 BLDG - SEPT UnPaid ESS BROTHERS & SONS, INC. $186.38 GRATE InPaid EXCEPTIONAL HOMES INC 51,000.00 7571 LANDAU LNDSCP ESC JnPaid G & K TEXTILE LEASING SYSTE $872.82 UNIFORMS UnPaid GODFATHER'S PIZZA $184.84 MEALS FOR MEETINGS UnPaid HAROLD LEONARD 5330.20 JULY /AUG CELL PHONE UnPaid HOMES PLUS 51,000.00 7652 PADGETT LNDSCP ESC UnPaid HYDRO METERING TECHNOLOG $18,211.50 METERS UnPaid JERRY OLSON $1,975.00 INSP SVCS 7/31 THRU 8/10 UnPaid JOE ABRAHAMSON 5130.00 JULY /AUG CELL PHONE UnPaid KNISLEY CONSTRUCTION INC $2,500.00 8857 KAGAN ESCROW REFUND UnPaid KNUTSON RICK $120.00 JULY /AUG CELL PHONE UnPaid LACAL EQUIPMENT INC 5154.18 MISC SUPPLIES FOR STREET SWEEPER UnPaid MENARDS $241.87 ROUNDUP FOR PARKS UnPaid MINKS ENTERPRISES INC • • 51,500.00 7432 KAHLER DRIVEWAY ESCROW UnPaid MINNESOTA COPY SYSTEMS 5162.42 TONER KIT UnPaid MINNESOTA LIFE $176.80 FIN - SEPT UnPaid MN/WI PLAYGROUND 522,300.00 EQPT INSTALL - KITTREDGE PK UnPaid NATIONAL WATERWORKS INC $125.63 PIPE FOR SCHOOL KNOLL PK UnPaid NORTHGATE HOMES INC. $1,000.00 17 CANNON DR LNDSCP ESCROW UnPaid NOVA COMMUNICATIONS 531.50 W/S PHONE EXT WORK UnPaid NOVAK -FLECK INC 52,500.00 11298 78TH ESCROW REFUND UnPaid OFFICEMAX 5369.71 ELECTION SUPPLIES UnPaid PAT LAUNDERVILLE $120.00 JULY /AUG CELL PHONE UnPaid PEOPLE SERVICE INC. 545,667.00 MONTHLY SERVICE UnPaid QUICK FUEL FLEET SERVICES $4,186.83 GAS FUEL UnPaid RUSSELL L. SHONYO $50.00 USED MOTOR UnPaid SPRINT 5207.96 LAP TOP SERVICE UnPaid SYNERGY GRAPHIC, INC. 536.26 AFFADAVIT OF CANDIDACY FORMS UnPaid UNITED RENTALS NORTHWEST, 582.28 SOD CUTTER RENTAL UnPaid US HOME CORPORATION 524,800.00 SAC EAST FEE REFUND UnPaid VINYL GRAPHICS 530.00 HARD HAT LABELS UnPaid WAGENAAR HOMES INC $1,000.00 7522 LARGE LNDSCP ESCROW Total Checks $201,482.78 CITY OF OTSEGO 08/23/06 1:08 PM Page 2 *Check Summary Register@ AUGUST 2006 Name Check Date Check Amt FILTER: None CITY OF OTSEGO 08/23/06 1:08 PM Page 1 *Check Detail Register© AUGUST 2006 Check A mt Invoice Co mment 10100 BANK OF ELK RIVER Unpaid AIRGAS, INC. E 101 -43100 -210 Operating Supplies (GENERAL) $100.97 105787229 OXYGEN /ACETYLENE/HAZMAT Total AIRGAS, INC. $100.97 Unpaid ALPINE HOMES INC --- E 702- 41400 -310 Miscellaneous $2,500.00 9874 JANSEN ESCROW REFUND E 702 - 41400 -310 Miscellaneous $1,000.00 6389 MASON LNDSCP ESCROW Total ALPINE HOMES INC $3,500.00 Unpaid ARROW TERMINAL LLC E 101 -43100 -240 Small Tools and Minor Equip 5101.15 42121 -IN RATCHET TIE DOWNS Total ARROW TERMINAL LLC $101.15 Unpaid ASSURANT EMPLOYEE BENEFITS E 101 -41600 -130 Employer Paid Ins (GENERAL) $36.00 FIN -SEPT E 101 -43100 -130 Employer Paid Ins (GENERAL) 572.00 PW -SEPT E 101 -41400 -130 Employer Paid Ins (GENERAL) 590.00 ADMIN -SEPT E 250 -42410 -130 Employer Paid Ins (GENERAL) $108.00 BLDG -SEPT . Total ASSURANT EMPLOYEE BENEFITS 5306.00 Unpaid B AUNE CONSTRUCTION, INC. E 702 -41400 -310 Miscellaneous 52,500.00 12421 66TH ST ESCROW REFUND Total BAUNE CONSTRUCTION, INC. $2,500.00 Unpaid BRADLEY BELAIR E 101 -43100 -320 Telephone $120.00 JULY /AUG CELL PHONE Total BRADLEY BELAIR $120.00 Unpaid BRA INTERTEC • E 44443100 -302 Engineering Fees 571.25 264993 TRUNK WTMN & FRCMN TH101 E 475 -43100 -302 Engineering Fees $352.50 266359 MISS SHORES 6 &7 FRTG RD Total BRAUN INTERTEC $423.75 Unpaid BRENT KOLLES E 10143100 -320 Telephone 5120.00 JULY /AUG CELL PHONE • Total BRENT KOLLES $120.00 Unpaid BROCK WHITE CO LLC E 203 -45210 -530 Improvements Other Than Bidgs 535.39 11547737 -00 SINGLE NET WHITE BLANKET Total BROCK WHITE CO LLC 535.39 Unpaid BRYAN ROCK PRODUCTS, INC. E 203 -45210 -530 Improvements Other Than Bldgs $766.33 AG LIME PRAIRIE PK WARNING TRA Total BRYAN ROCK PRODUCTS, INC. $766.33 ......... ............._- ................ Unpaid CARLA L A RANSOM E 101 - 45300 -101 Full -Time Employees Regular $30.00 2005 MEETINGS (3) REPLACEMENT Total CARLA RANSOM 530.00 C ASSIDY REALTY & APPRAISAL SVC Unpaid E 406 43100 -301 Legal Services 5828.44 C8-03 -2662 CONDEMNATION SVCS - SEBECK PRO Total CASSIDY REALTY & APPRAISAL SVC $828.44 '.i`l*' „"R M �' DAVID CASTLE Unpaid E 250 - 42410 -320 Telephone $120.00 JULY /AUG CELL PHONE E 250 -42410 -360 Education/Training /Conferences $10.00 INSP MTG LUNCHEON Total DAVID CASTLE $130.00 CITY OF OTSEGO 08/23/06 1:08 PM Page 2 *Check Detail Register© AUGUST 2006 Check Amt Invoice Comment 'Unpaid . .�. , ...�.... , ... .. . .. DHB E 250 -42410 -525 Building Improvements $55,032.85 22538 GENERATOR & INSTALLATION Total DHB $55,032.85 • Unpaid " °-"— DISTINCTIVE DESIGN IRRIGATION E 203 -45210 -530 Improvements Other Than Bldgs $2,600.00 558 PRAIRIE PARK IRRIGATION Total DISTINCTIVE DESIGN IRRIGATION $2,600.00 w Unpaid DON MASS E 101 - 43100 -320 Telephone $120.00 JULY /AUG CELL PHONE Total DON MASS $120.00 n (GENERAL) INC Unpaid . E 101 -41400 -350 Print/Binding ( ) $542.10 220119 LEGAL - PUBLIC HEARING E 101 -41400 -350 Print/Binding (GENERAL) $187.65 220739 LEGAL - AFFIDAVIT OF CANDIDACY Total ECM PUBLISHERS INC $729.75 m Unpaid ELECTION SYSTEMS & SOFTWARE E 101 -41410 -205 Election Supplies $330.00 597594A HDWR/SFTWR SUPPORT AGRMT E 101 -41410 -205 Election Supplies $287.02 603180 ELECTION SUPPLIES E 101 -41410 -205 Election Supplies ($298.01) 603428 SUPPORT CREDIT Total ELECTION SYSTEMS & SOFTWARE $319.01 Unpaid ELK RIVER PRINTING & PARTY PLU E 602 -49450 -350 Print/Binding (GENERAL) $727.40 23770 W/S BILLING FORMS & ENVELOPES E 601 -49400 -350 Print/Binding (GENERAL) $727.39 23770 W/S BILLING FORMS & ENVELOPES E 250 -42410 -350 Print/Binding (GENERAL) $165.08 23800 BLDG SAFETY FORMS Total ELK RIVER PRINTING & PARTY PLU $1,619.87 Un paid EMPLOYER PLAN SERVICES INC • Unpaid PW -SEPT E 101 -43100 -123 Health $163.22 . E 101 -41600 -123 Health $100.98 FIN - SEPT E 250 -42410 -123 Health $319.82 BLDG - SEPT E 101 -41400 -123 Health $262.07 ADMIN - SEPT Total EMPLOYER PLAN SERVICES INC $846.09 Unpaid ESS BROTHERS & SONS, INC. E 203 -45210 -530 Improvements Other Than Bldgs $186.38 JJ4599 GRATE Total ESS BROTHERS & SONS, INC. $186.38 Unpaid EXCEPTIONAL HOMES INC E 702 - 41400 -310 Miscellaneous $1,000.00 7571 LANDAU LNDSCP ESC Total EXCEPTIONAL HOMES INC $1,000.00 — ----•- Unpaid G & K TEXTILE LEASING SYSTEM E 101 -41940 -390 Contracted Services $101.09 1043245570 MATS E 101 -43100 -225 Uniforms $136.32 1043245571 UNIFORMS E 101 -43100 -225 Uniforms $101.38 1043250490 UNIFORMS E 101 - 41940 -390 Contracted Services $100.86 1043255448 MATS E 101 -43100 -225 Uniforms $99.31 1043255449 UNIFORMS E 101 -43100 -225 Uniforms $93.25 1043260433 UNIFORMS E 101 -41940 -390 Contracted Services $100.86 1043265429 MATS E 101 -43100 -225 Uniforms $139.75 1043265430 UNIFORMS Total G & K TEXTILE LEASING SYSTEM $872.82 Unpaid GODFATHER'S PIZZA E 101 -41400 -310 Miscellaneous $184.84 MEALS FOR MEETINGS Total GODFATHER'S PIZZA $184.84 CITY OF OTSEGO 08/23/06 1:08 PM Page 3 *Check Detail Register© AUGUST 2006 Check Amt Invoice Comment Unpaid HAROLD LEONARD E 25042410 -360 Education/Training /Conferences $50.00 - 5 INSP MTG LUNCHEONS E 250 -42410 -321 Mileage/Travel $160.20 BLDG ANNUAL INST. CLASSES E 250 -42410 -320 Telephone $120.00 JULY /AUG CELL PHONE Total HAROLD LEONARD $330.20 Unpaid HOMES PLUS E 702 -41400 -310 Miscellaneous $1,000.00 7652 PADGETT LNDSCP ESC Total HOMES PLUS $1,000.00 Unpaid HYDRO METERING TECHNOLOGY INC E 60149400 -203 Supplies - General $18,211.50 33850 -IN METERS Total HYDRO METERING TECHNOLOGY INC $18,211.50 Unpaid JERRY OLSON E 25042410 -390 Contracted Services $1,975.00 INSP SVCS 7/31 THRU 8/10 Total JERRY OLSON $1,975.00 Unpaid JOE ABRAHAMSON • E 250 -42410 -320 Telephone $120.00 JULY /AUG CELL PHONE • E 250 -42410 -360 Education/Training/Conferences $10.00 INSP MTG LUNCHEON Total JOE ABRAHAMSON $130.00 '' inpaid KNISLEY CONSTRUCTION INC E 702 - 41400 -310 Miscellaneous $2,500.00 8857 KAGAN ESCROW REFUND Total KNISLEY CONSTRUCTION INC $2,500.00 Unpaid KNUTSON RICK E 101-43100-320 Telephone $120.00 JULY /AUG CELL PHONE Total KNUTSON RICK $120.00 Unpaid LACAL EQUIPMENT INC . E 10143100-220 Repair /Maint Supply (GENERAL) RAL) $154.18 55790 -IN MISC SUPPLIES FOR STREET SWEEP Total LACAL EQUIPMENT INC $154.18 Unpaid • MENARDS • E 10143100 -240 Small Tools and Minor Equip $15.96 86764 LEVEL E 101 -45200 -210 Operating Supplies (GENERAL) $85.11 88403 ROUNDUP FOR PARKS E 203 -45210 -530 Improvements Other Than Bldgs $120.78 88403 SAND MIX FOR SCHOOL KNOLL E 203 - 45210 -530 Improvements Other Than Bldgs $20.02 88808 CONCRETE MIX - SCHOOL KNOLL Total MENARDS $241.87 Unpaid MINKS ENTERPRISES INC E 70241400 -310 Miscellaneous $1,500.00 7432 KAHLER DRIVEWAY ESCROW Total MINKS ENTERPRISES INC $1,500.00 Unpaid MINNESOTA COPY SYSTEMS E 10141400 -201 Office Supplies $162.42 149936 TONER KIT Total MINNESOTA COPY SYSTEMS $162.42 Unpaid MINNESOTA LIFE E 25042410 -130 Employer Paid Ins (GENERAL) $32.60 BLDG - SEPT E 10141400 -130 Employer Paid Ins (GENERAL) $22.10 ADMIN - SEPT E 10143100 -130 Employer Paid Ins (GENERAL) $111.10 PW - SEPT E 10141600.130 Employer Paid Ins (GENERAL) $11.00 FIN - SEPT Total MINNESOTA LIFE $176.80 ... .................. Unpaid "" `"� -u,mw MN/WI PLAYGROUND CITY OF OTSEGO 08/23/06 1:08 PM Page 4 *Check Detail Register© AUGUST 2006 Check Amt Invoice Comment E 203 -45210 -500 Capital Outlay (GENERAL) $10,800.00 2006248 EQPT INSTALL - KITTREDGE PK E 203 -45210 -500 Capital Outlay (GENERAL) $11,500.00 2006248 EQPT INSTALL - OTS PRES PK Total MNIWI PLAYGROUND $22,300.00 Unpaid NATIONAL WATERWORKS INC E 203 - 45210 -530 Improvements .Other Than Bldgs $125.63 3810121 PIPE FOR SCHOOL KNOLL PK Total NATIONAL WATERWORKS INC $125.63 - � +v � �'� H A TE H INC. Unpaid 17 CANNON DR LNDSCP ESCROW E 702 -41400 -310 Miscellaneous $1,000.00 Total NORTHGATE HOMES INC. $1,000.00 ............. ................... . . ........................... ..................... Unpaid N OVA COMMUNICATIONS • . E 602 -49450 -320 Telephone $15.75 13911 W/S PHONE EXT WORK E 601 -49400 -320 Telephone $15.75 13911 W/S PHONE EXT WORK Total NOVA COMMUNICATIONS $31.50 — Unpaid NOVAK -FLECK INC E 702 -41400 -310 Miscellaneous $2,500.00 11298 78TH ESCROW REFUND Total NOVAK -FLECK INC $2,500.00 Unpaid OFFICEMAX E 101 -41400 -201 Office Supplies $151.39 253698 MISC OFC SUPPLIES E 250 -42410 -201 Office Supplies $21.29 253698 BLDG SUPPLIES E 101 -41410 -205 Election Supplies $12.77 68829 ELECTION SUPPLIES E 101 -41400 -201 Office Supplies $184.26 68829 MISC OFC SUPPLIES Total OFFICEMAX $369.71 ' . Unpaid PAT LAUNDERVILLE E 101 -4310 0-320 Telephone $120.00 JULY /AUG CELL PHONE . Total PAT LAUNDERVILLE $120.00 ............... Unpaid PEOPLE SERVICE INC. E 602 -49450 -390 Contracted Services $31,005.61 MONTHLY SERVICE MONTHLY SERVICE E 601 -49400 -390 Contracted Services Total PEOPLE SERVICE INC. $45,667.00 Unpaid QUICK FUEL FLEET SERVICES E 101 -43100 -202 Gas & Oil $850.41 86474 GAS FUEL E 10143100 -202 Gas & Oil $1,651.46 86474 DIESEL FUEL E 10143100 -202 Gas & Oil $1,415.74 88017 DIESEL FUEL E 10143100 -202 Gas & Oil $269.22 88017 GAS FUEL Total QUICK FUEL FLEET SERVICES $4,186.83 m__ Unpaid RUSSELL L. SHONYO E 101 -43100 -220 Repair/Maint Supply (GENERAL) $50.00 8024 USED MOTOR Total RUSSELL L. SHONYO $50.00 Unpaid ._... _.._- SPRINT E 250-42410-320 Telephone $207.96 LAP TOP SERVICE _ Total SPRINT $207.96 _._. ............................. . Unpaid SYNERGY GRAPHIC, INC. E 10141410 -350 Print/Binding (GENERAL) $36.26 25081 AFFADAVIT OF CANDIDACY FORMS Total SYNERGY GRAPHIC, INC. $36.26 ..... ............................... Unpaid UNITED RENTALS NORTHWEST, INC. E 10145200 -410 Rentals (GENERAL) $82.28 817046 SOD CUTTER RENTAL 08/23/06 1:08 PM CITY OF OTSEGO Page 5 *Check Detail Register© AUGUST 2006 Check Amt Invoice Comment Total UNITED RENTALS NORTHWEST, INC. $82.28 Unpaid US HOME CORPORATION R 315 -34407 Sewer Availability Charge $24,800.00 SAC EAST FEE REFUND Total US HOME CORPORATION $24,800.00 R Unpaid VINYL GRAPHICS E 101 -43100 -210 Operating Supplies (GENERAL) $30.00 3238 HARD HAT LABELS Total VINYL GRAPHICS $30.00 Unpaid WAGENAAR HOMES INC E 702 -41400 -310 Miscellaneous $1,000.00 7522 LARGE LNDSCP ESCROW Total WAGENAAR HOMES INC $1,000.00 10100 BANK OF ELK RIVER $201,482.78 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $8,958.47 203 PARK DEVELOPMENT $26,154.53 250 BUILDING PERMIT FEES $58,452.80 315 W & S DEBT SERVICE (E. WWTP) $24,800.00 406 Lefebvre Watershed $828.44 1.4 SE Utilities Project $71.25 15 Waterfront East/Miss. Shores $352.50 601 WATER FUND $33,616.03 602 SEWER FUND $31,748.76 702 BUILDERS ESCROW FUND $16,500.00 $201,482.78 • 08/16/06 10:22 AM CITY OF OTSEGO Page 1 *Check Summary Register© AUGUST 2006 Name Check Date Check Amt 10100 BANK OF ELK RIVER $7,450.50 SLUDGE DISPOSAL UnPaid AG ENTERPRISES HOMES INC $5,000.00 8842 KAGAN CT DRIVEWAY ESC UnPaid ALPINE $2,500.00 12476 - 66TH ST LNDSCP ESC UnPaid BAUNE CONSTRUCTION, INC. DRESEL CONTRACTING INC $237,549.90 CSAH 42 RECONSTRUCTION UnPaid Unpaid GRIDOR CONSTR., INC. $230,573.00 EAST WWTF UnPaid ICMA RETIREMENT TRUST $592.31 PPE 8/12/06 CH DTD 8/16/06 Unpaid IMPERIAL DEVELOPERS, INC. $108,015.25 QUADAY AVE PROJECT KUE CONTRACTORS, INC. $575,089.00 PUBLIC WORKS BLDG UnPaid $1,500.00 CSAH 42 EASEMENT UnPaid MINKS ENTERPRISES INC UnPaid M N $1,000.00 7432 KAHLER CT LNDSCP ESC MINKS PUBLIC EMPLOYEES RETIREME $3,522.88 PPE 8/12/06 CH DTD 8/16/06 UnPaid $35,493.85 MISS SHORES FRONTAGE RD IMPR UnPaid S. A $1,000.00 9868 105TH ST LNDSCP ESC UnPaid STE RNZ BUILDERS, INC. Total Checks $1,209,286.69 FILTER: None 08/16/06 10:24 AM CITY OF OTSEGO Page 1 *Check Detail Register© AUGUST 2006 Check Amt Invoice Comment 10100 BANK OF ELK RIVER ..w - -ta- Unpaid AG ENTERPRISES E 602 - 49450 -419 SLUDGE HAULING $7 450.50 39 SLUDGE DISPOSAL Total AG ENTERPRISES $7,450.50 Unpaid ALPINE HOMES INC $1,500.00 8842 KAGAN CT DRIVEWAY ESC E 702 -41400 -310 Miscellaneous $1,500.00 6389 MASON DRIVEWAY ESC E 702 - 41400 -310 Miscellaneous $1,000.00 9312 KAEDING LNDSCP ESC E 702 -41400 -310 Miscellaneous $1,000.00 6443 MARSHALL LNDSCP ESC E 702 -41400 -310 Miscellaneous Total ALPINE HOMES INC $5,000.00 Unpaid BAUNE CONSTRUCTION, INC. • E 702 -41400 -310 Miscellaneous $2,500.00 12476 - 66TH ST LNDSCP ESC Total BAUNE CONSTRUCTION, INC. $2,500.00 Unpaid DRESEL CONTRACTING INC E 485 -43100 -530 Improvements Other Than Bldgs $23 7,549.90 Pay #1 CSAH 42 RECONSTRUCTION Total DRESEL CONTRACTING INC $237,549.90 Unpaid GRIDOR CONSTR., INC. E 432 -43256 -500 Capital Outlay (GENERAL) $230,573.00 PAY #17 EAST WWTF Total GRIDOR CONSTR., INC. $230,573.00 ,npaid ICMA RETIREMENT TRUST PPE 8/12/06 CH DTD 8/16/06 G 101 -21705 Other Retirement $400.00 E 101 -41400 -121 PERA $192.31 PPE 8/12/06 CH DTD 8/16/06 _ --- -- Total ICMA RETIREMENT TRUST $592.31 Unpaid IMPERIAL DEVELOPERS, INC. E 426 -43100 -530 Improvements Other Than Bldgs $108,015.25 PAY 6 QUADAY AVE PROJECT Total IMPERIAL DEVELOPERS, INC. $108,015.25 • E 44143100-520 Buildings and Structures INC. Unpaid KUE CONTRACTORS, g fractures $575,089.00 PAY 3 PUBLIC WORKS BLDG Total KUE CONTRACTORS, INC. $575,089.00 • Unpaid MAYIMY LLC E 485 -43100 -301 Legal Services $1,500.00 CSAH 42 EASEMENT _ ______— Total MAYIMY LLC $1,500.00 Unpaid MINKS ENTERPRISES INC E 702 -41400 -310 Miscellaneous $1,000.00 7432 KAHLER CT LNDSCP ESC Total MINKS ENTERPRISES INC $1,000.00 Unpaid PUBLIC EMPLOYEES RETIREMENT FD $738.25 PPE 8/12/06 CH DTD 8/16/06 E 101 - 21704121 PERA $1,684.85 PPE 8/12/06 CH DTD 8/16/06 G 101 -43100 00 -121 21 PERA $561.24 PPE 8/12/06 CH DTD 8/16/06 E 101 -4 $313.35 PPE 8/12/06 CH DTD 8116/06 E 101 - 411 600 -121 PERA $225.19 PPE 8/12/06 CH DTD 8/16/06 E 101 -41600 -121 PERA - --- Total PUBLIC EMPLOYEES RETIREMENT FD $3,522.88 .`-.– w` "- S. R. WEIDEMA Unpaid E 47543100 -530 Improvements Other Than Bldgs $35,493.85 PAY 6 MISS SHORES FRONTAGE RD IMPR Total S. R. WEIDEMA $35,493.85 - Unpaid STERNZ BUILDRS E, INC. 08/16/06 10:24 AM CITY OF OTSEGO Page 2 *Check Detail Register© AUGUST 2006 Check Amt Invoice Comment E 702 41400 -310 Miscellaneous $1,000.00 9868 105TH ST LNDSCP ESC Total STERNZ BUILDERS, INC. $1,000.00 10100 BANK OF ELK RIVER $1,209,286.69 Fund Summary 10100 BANK OF ELK RIVER 6.94 $3 101 GENERAL FUND $3,3 250 BUILDING PERMIT FEES 386. $108,015.25 $794 426 Quaday & CSAH 37 $28,5.2 432 East WWTP Phase III 5,08 . 441 Otsego City Campus $575,089.00 475 Waterfront East/Miss. Shores 5 $$35 485 Street Impr. Fund - 2006 $943. 602 SEWER FUND $7,,0459. 89 0 $9,500.00 702 BUILDERS ESCROW FUND $1,209,286.69 • • • ITEM 5_2 CITY OF OTSEGO M emo To: City council From: Brad Belair Date: 8/23/06 Re: Turf restoration @ School Knoll Park I have received a quote to seed and fertilize School Knoll Park from Town and Country Landscaping. The quote is per hour for their equipment and per pound for seed and fertilizer used. I estimate $2,400 hours for the equipment and $1,760 for the materials to complete the job. I recommend the City council accept the quote. Town and Country did the turf development at Lilypond Park and did an excellent job. If approved, the work will be completed in the next two weeks. Monies would come from the Park Capital Fund. • • Page 1 Page 1 of 1 Brad Belair From: "Tami Loff' <cityhall @ci.otsego.mn.us> To: • "Otsego Public Works" < otsegopublicworks @usfamily.net Sent: Thursday, August 17, 2006 4:07 PM Subject: Fw: school knoll park Copied to box. — Original Message — From: Mike Brunelle To: cityhall@ci.otsego.mn.us Sent: Thursday, August 17, 2006 3:53 PM Subject: Fw: school knoll park • — Original Message --- From: Mike Brunelle To: publ cworks c@usfamily.net Sent: Thursday, August 17, 2006 3:50 PM Subject: school knoll park City of Otsego Brad Belair: Thank you for showing us the park that you need help with. Like Lily Pond Park we would charge you time and materials. Seed however has gone up since then so the cost for seed be 2.68 per pound. Starter fertilizer will be 20.00 per 50# bag. All Labor will be charged at $150.00 per hour per tractor to do all preparation for seed, grading, fertilizing and seeding. If there are any questions, please call. 612 - 817 -5296 Thank You Mike Brunelle Town & Country landscaping of Rogers 8/18/2006 ITEM 5_3 RESOLUTION NO. 2006 -61 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION SETTING A TRUTH -IN- TAXATION HEARING DATE FOR THE PROPOSED 2007 TAX LEVY AND BUDGET WHEREAS, the Otsego City Council is required by State law to establish truth -in- taxation hearing dates for the proposed 2007 tax levy by September 15, 2006. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO, MINNESOTA 1. That Monday, December 4, 2006 at 6:00 p.m. is hereby approved as the Truth -in- Taxation hearing date for the proposed 2007 tax levy. 2. Should a continuation hearing date be needed; Monday, December 11, 2006 at 6:00 p.m. is hereby approved for the continuation hearing date. 3. That a copy of this resolution be transmitted to the Wright County Auditor. Dated this 28th day of August, 2006 CITY OF OTSEGO . Larry Fournier, Mayor ATTEST: Judy Hudson, City Clerk ITEM 5_4 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2006- 62 RESOLUTION AUTHORIZING BILLING OF WATER AND SEWER SERVICES WHEREAS, the City of Otsego has previously contracted with Wright Hennepin Electric to bill customers for water and sewer services administered by the City; and WHEREAS, Wright - Hennepin Electric is no longer performing billing services for the City's water and sewer services; and WHEREAS, it is the intention of the City to take over the billing of water and sewer services; NOW, THEREFORE, the City Council of the City of Otsego, Wright County, Minnesota, hereby orders: 1. City staff shall, beginning in September 2006, directly bill service recipients. 2. The City may accept payments for water and sewer services by mail, automatic withdrawal, or by a payment drop box placed in the Otsego City Hall parking lot. 3. The City will not accept payments by credit card. 4. City staff is authorized to implement additional procedures necessary to ensure an efficient collection process. 5. The City Council directs City staff to draft changes to the City's water and sewer ordinance that will determine the process for billing for water and sewer services and bring such changes to the City Council as soon as possible. 1 Motion for adoption of resolution by , seconded by at the meeting of the Otsego City Council on the 28th day of August 2006. IN FAVOR: OPPOSED: CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, City Clerk 2 ITEM 5_5 2006 FIRE PROTECTION AGREEMENT WITH THE CITY OF OTSEGO This agreement made and entered into by and between the City of Albertville, a municipal corporation of the County of Wright in the State of Minnesota, and the City of Otsego, in the County of Wright in the State of Minnesota. WHEREAS, Otsego desires the services of the fire department of Albertville in case of fires occurring in Otsego, as well as the emergency medical services of Albertville in case of a medical emergency, and WHEREAS, Albertville maintains a volunteer fire department with emergency medical response capability, which department is available to provide fire protection and emergency medical response services to properties located in Otsego, and THEREFORE, it is agreed by and between said parties as follows: • 1. Albertville, through its fire department, shall provide fire protection and emergency medical response services to those properties in Otsego. Such fire protection and emergency medical response services shall be provided from January 1 through December 31, 2006. 2. Otsego shall agree to pay Albertville $48,546.87 in exchange for the provision of fire protection and emergency medical response services as described above. Payment due for the year 2006 shall be made in two installments of $24,273.44 on or before July 1, 2006, and $24,273.44 on or before December 31, 2006. 3. Albertville's obligation to provide fire protection service and emergency medical response shall be subject to the following: a. If road and weather conditions at the time of the call are such that the fire /medical run cannot be made with reasonable safety to men and equipment, and the decision of the Fire Chief or his Deputy in charge shall be final in such matter, no obligation arises under this agreement on the part of the City of Albertville to answer such call. b. In the event that a sufficient amount of the fire fighting/medical equipment and the number of volunteer firemen, or both, are committed at the time of the fire call, in sole judgment of the Fire Chief or his Deputy, to fighting pre- existing fires or attending pre- existing medical emergencies, so as to render the available equipment and manpower inadequate to answer a fire or medical call from Otsego, no obligation shall arise under this agreement to answer such call, and no person or party shall have recourse against the City of Albertville for refusal to answer such call. A pre - existing fire/medical M:\Public Data\Fire Department \fire contracts\Fire Service Contract06 - Otsego.doc 1 emergency to which the fire department of Albertville is called previous to receiving the call from Otsego and which fire is still being fought or medical emergency is still being attended to by the Albertville Fire Department at the time the call from Otsego is received. c. In the event a fire call by Otsego is answered by Albertville, but before the fire in question is extinguished, the fire fighting equipment or volunteer firemen, or both, are needed to fight a fire in Albertville or protect property in Albertville from a fire, the Chief or his Deputy without liability therefore to any person or to Otsego under this agreement, may in their judgement recall the fire equipment and firemen to Albertville for the purpose of fighting the fire in Albertville. The judgement of the Fire Chief or his Deputy shall be final and no person or party shall have recourse against the City of Albertville for any damages or losses resulting from such action or decision. 4. The parties acknowledge the fact that Albertville may enter into similar contracts with other municipalities, and acknowledge that Albertville has entered into mutual aid contracts with other fire departments in other municipalities, and that a fire call under any such contract preceding a call in Otsego could be a valid and reasonable basis for the decision of the Fire Chief or his Deputy in refusing to answer a fire call in Otsego. 5. Because the City of Albertville has heretofore entered into mutual assistance fire fighting agreements with other municipalities possessing fire fighting equipment and firemen, which equipment and firemen could be called by the Chief or his Deputy to a fire in Otsego, the City of Otsego agrees to pay such additional cost as may be incurred thereby if in the sole judgement of the Chief or his Deputy, such additional fire fighting equipment and firemen are needed to fight a fire in Otsego and are in fact called to such fire by the Chief or his Deputy. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of , 2006. CITY OF ALBERTVILLE CITY OF TSEG j B / . — . By: " Don Peterson, Mayor arry : urnier, Mayor ATTES k Larry K re ichael Robertson City Administrator City Administrator M :\Public Data\Fire Department \fire contracts\Fire Service Contract06 - Otsego.doc - 2 ITEM 5_6 NAC. NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley. MN 55422 Telephone: 763.231 .2555 Facsimile: 763.231.2561 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 21 August 2006 RE: Otsego — City Code; 2006 No Discharge Map NAC FILE: 176.08 Section 5 -2 -7 of the City Code states that updates to the map designating areas within the City where no firearms discharge is allowed must be published by October 1 of each year. The City Council reviewed the 2005 No Discharge Map at their meeting on 14 August 2006 and directed that a number of areas be added to the no discharge zone. City staff also recommended that the Gateway North and Davis Mississippi Cove subdivisions be added to the no discharge zone. A revised map reflecting the direction of the City Council is attached. The map is to be considered at the City Council meeting on 28 August 2006. Following approval of the 2006 No Discharge Map, the map is published in the Elk River Star News and posted at City Hall. c. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Andy MacArthur, City Attorney NO DISCHARGE OF FIREARMS ZONE MAP \ ....,,CITY OF OTSEGO -- ' n ON THE GREAT RIVER ROAD • E --_ . 1 111 1 y . I r �� - - 11 � 1 0 0.25 0.5 1 Mile 1 ........_ � . i . ' Jl l f ..' 1 inch equals 1 mile 1 1'. �I \. :i ' \\ a I nag . rm. rr vim Aing '� rag This map is published pursuant to Chapter 5, Section 2 of the City Code establishing regulations pertaining to the discharge of firearms and ■ - hunting in the City of Otsego, Minnesota. For more information, please 1 call City Hall at (763) 441 -4414. t .) No Discharge Zone; No person may discharge �_ By: Judy Hudson, City Clerk/Zoning Administrator any firearm within the No Discharge Zone. Approved: Otsego City Council Outside of the No Discharge Zone, no person may Published: Elk River Star News on discharge a firearm within 500 feet of any building Posted: Otsego City Hall on without the owner's written permission carried on their person in accordance with Section 5 -2-4 of the City Code. ITEM 5_7 NAC NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .2555 Facsimile: 763.231 .2561 planners anacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 24 August 2006 RE: Otsego — Boulder Creek; Preliminary Plat Extension NAC FILE: 176.02 — 06.02 Emmrich Development, Inc. has requested extension of the deadline for filing a final plat for the Boulder Creek development. The City Council approved a PUD -CUP and Preliminary Plat for the subdivision located northwest of TH 101 and CSAH 37 on 8 May 2006. The developer's request to extend the deadline for application for final plat approval to 8 May 2007 is based on the slow down in residential construction that has become evident during the 2006 building season. The developer cooperated with the City on easements and right -of -way needed for the Quaday Avenue street project prior to preliminary plat approval. The City requires no additional easements or right -of -way from the development for pending projects. As such, City staff recommends that the request to extend the preliminary plat approval be granted. c. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Ron Wagner, City Engineer Andy MacArthur, City Attorney John Jackels, developer Rug 23 2006 4:51PM BONESTROO ROSENE RNDERLIK 6516361311 P -1 ITEM 6_1 G5 ii i la 9onestroo Transmissiofl f_a3t eal,r..■ i Archilwcta • t TA Dete: 812T2006 From: Justin Kubisiak To: Mile «Robertson Our File No: BRA # 503-04 -108 cc:I 4dy Hudson ; Pages to Follow: 0 Organiz$ City of Otsego o: i Original Will Follow in Mail: Yes ❑ No ■Z+ Fax Mai r: 763 -441 -8823 if Subjec I Otsego East WWTF - Proposed Changes for Council Approval T: • Mike anc ;Iudy, Maury Kalman (Field Engineer for BRAA) delivered a packet to City Hall containing change order requests Oth back -up data to be put into the council meeting packets for the August 28 meeting. Please call Karei,Cavett @ 507 - 387 - 4679 early this afternoon if there are any urgent questions. She will be attending the meeting ar[O has all of this information in front of her toaay. You should have received the following requests: ;. ;t 1. 4e Watermain to Outside Fence (Change Order 6 Draft) - $7682.00 2. 41: r 8" Existing Otsego Forcemain Piping (Change Order 7 Draft) - $2000.00 T&M, not to exceed 3. Fgjnove Concrete Pad at Sludge Loadout (Change Order 8 Draft) - $2492.00 4(A) PsIvement for Road Option D (Change Order TBD Draft) - $73,073.00 4(B) 0 for Road Option E (Change Order TBD Draft) - $60,811.00 5. Eactating Receptacle Inspection (Change Order TBD Draft) - $800.00 Unit price, not to exceed Total of 4 pages separated into the above portions. Thanks, iii Justin Kjilbisiak 651 - 96714 f is t 11 i i !F :. t ;; ttt 'o e r ji i i s 1� . 's Bonestr s •, Rosana, Anderlik and Associates, Inc. www.banestroe.com 2335 Wes :Highway 36 + St. Paul, MN 55113+ Phone: 651 - 636 -4600+ Fax: 651- 636 -1311 r. ki BOnestr0o Owner: City of Otsego, , 8899 Nashua Ave NE, Otsego, MN, 55330 -7314 Date August 22, 2006 Rosen 0 Anderlik & Contractor: Gridor Construction Inc. 3990 27ih St SE. Buffalo, MN, 55313 Associates peers s Architects Bond Company: Liberty Mutual Insurance Company, ,Interchange Corporate Center„ 450 Plymouth R Bond No: 190-013-84: CHANGE ORDER NO. (ToBeDetermined) OTSEGO EAST WASTEWATER TREATMENT FACILITY BRA FILE NO. 000503- 04108 -0 Description of Work DRAFT Provides for roadway alterations per Proposal Request No.23REV- OPTION D. (Cost quotation is valid until 6 /23/06) Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO. (TBD) I PAVEMENT FOR MAIN ROAD AND LOOP LS 1 $73,073.00 $73,073.00 TOTAL CHANGE ORDER NO. (TBD): $73,973.00 50304108CO9Draft.xls Original Contract Amount $9,195,300.00 evious Change Orders $72,158.00 ibis Change Order $73,073.00 Revised Contract Amount (including this change order) $9,340,531.00 CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for final Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): • Ready for final Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: — tONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ORAF I Date: Approved by Contractor: Approved by Owner: GRIDOR CONSTRUCTION INC CITY OF OTSEGO w AFT Rs- Date Date cc: Owner Contractor Bonding Company Bonestroo & Assoc. 50304108C09Draft.xls 1:11 Bonestroo 8899 Nashua Ave NE PROPOSAL REQUEST �J1 Rosene No. 00023REV Anderlik& Otsego, MN 55330 -7314 Associates Phone: 763 - 441 -4414 ,e: &Architects Fax: 763- 441 -8823 TITLE: Revised Roadway Alteration DATE: 8/8/2006 PROJECT: Otsego East WWTF Phase 3 JOB: 503 -04 -108 TO: Attn: Steve Lee • CONTRACT NO: 1 Gridor Constr., Inc. 3990 27th Street SE Buffalo, MN 55313 Phone: 763 - 746 -9072 Fax: 763 -559 -3736 DESCRIPTION=. OF PROPOSAL .:; .. _ ., , .. .,. m „ .z i `., .. <. , . y. .. , : , . at:y:icag :w Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental to proposed modifications to the Contract Documents described herein. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN. Description: (Written description of the Work) D) Provide and install bituminous pavement and alter the roadway section and plan per the attached drawing PR23REV - OPTION D. See contract drawing C101 for dimensions and scale. Raise all existing valves and manhole castings. E) Provide and install granite chip topping and alter roadway section and plan per the attached drawing PR23REV - OPTION E. :e contract drawing C 101 for dimensions and scale. Raise all existing valve and manhole castings. Your cost proposal should be provided to this office at the earliest possible date but no later than 9 August 2006, to allow for review prior to negotiations. After receipt of your proposal you will be contacted to establish the specific time for negotiations. Your cost proposal and supporting documents may be faxed to 651- 636 -1311 or mailed to this office. Please contact me with any questions. By: Steve Lee Date: Bo�re°. COST COST ESTIMATE GRIDOR CONSTR., INC. JOB Otsego East WWTF Phase 3 DATE 8/8/2006 PLAN ITEM Pave Entire Site Per New Plans SPEC SHEET 1 OF 1 EST SL CKD SL ITEM ITEM LABOR MATERIAL EQUIP E.O.E. SUB NO DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 0 0 0 0 0 Pave entire site per new plans 1 is 0 0 0 0 ###### 61201 0 0 0 0 0 Adjust Valves 2 ea 150.00 300 200.00 400 0 0 0 0 0 0 0 0 Adjust Manholes 5 ea 50.00 250 25.00 125 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 PAGE TOTALS 550 525 0 0 61201 Labor: 550 Labor - Taxes, Ins., Fringes: 60% 330 Material: 525 Sales Tax: 6.50% 34 Equipment/EOE: 0 Subcontract: 61201 SUBTOTAL $62,640 Overhead: 5% 3132 Margin: 10% 6577 Bond: 1% 723 TOTAL $73,073 COST COST ESTIMATE GRIDOR CONSTR., INC. JOB Otsego East WWTF Phase 3 DATE 8/8/2006 PLAN ITEM Pave Entire Site Per New Plans SPEC SHEET 1 OF 1 EST SL CKD SL ITEM • ITEM LABOR MATERIAL EQUIP E.O.E. SUB NO DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 0 0 0 0 0 - Pave entire site per new plans 1 Is 0 0 0 0 ###### 61201 0 0 0 0 0 Adjust Valves 2 ea 150.00 300 200.00 400 0 0 0 0 0 0 0 0 Adjust Manholes 5 ea 50.00 250 25.00 125 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 PAGE TOTALS 550 525 0 0 61201 Labor: 550 Labor - Taxes, Ins., Fringes: 60% 330 Material: 525 Sales Tax: 6.50% 34 Equipment/EOE: 0 Subcontract: 61201 SUBTOTAL S62,640 Overhead: 5% 3132 Margin: 10% 6577 Bond: 1% 723 TOTAL $73,073 ------ - - - - -- ` -'11 "1 I �� _ - 1 loo BITUMINOUS WEAR COURSE I I 11� i i! i t 0 40' 80' 160' _� MnDOT SPEC. 2357 TACK COAT I I i ii..wzrziiiwz /hill el M p II N �� N.��7,N�x 2" BITUMINOUS BASE COURSE 1 1 I $ •..• • • • • •••• 12" CL 5 AGGREGATE BASE II 1 It I 1 I .. 2 .• ' 2 0" SELECT GRANULAR BORROW e 1 a • ,,,,; 0, ;0 ,. 0 , /x` , * _ GGE ETEXTILE FABRIC MnDOT I I s. PREPARED SUBGRADE AS ff 1 li SPECIFIED I , iI _fl! i i i I Ie n1••sao •ormm MILL � nir MOWER . �� MIN oorMenw NON mI JC b1+J 11 ° Et ITUMINOUS PAVEMENT SECTION t x^ 1 11111 ICI =- 1 ; , I 1 u P.Ei • ��A r I r ii l E ily Ii Iiii I I T I rid; i ‘ N I • I �I n e _ it LL—f).4 n` IE ' D , v A \� p_ I l a / 1 li < i R 1 , , , 71 i t . , , ei Il i .7 . .. 4. "...... p ' • a A e.w w�nw •� Z > NOD COMMUNE (Ter..) r ..,, ,V 0 0 / '‘, ; ■ I - ../ 1 9 640:0 ,,,,,;, / I 1 � ♦ a 1 . I O '' `.r 1 = f I _ _ __ __ _ ..____ I .. _ _ . _ .. _ 2,. - BITUMINOUS SEE DETAIL 1 I i 1 END a1•q,on. • , ROM . ., \ PRP, RV. • ITEM 5_7 NAC NORTHWEST ASSOCIATED CONSULTANTS, INC. �x G` 4800 Olson Memorial Highway, Suite 202, Golden Valley. MN 55422 Telephone: 763.231 .2555 Facsimile: 763.231.2561 planners @nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 24 August 2006 RE: Otsego — Boulder Creek; Preliminary Plat Extension NAC FILE: 176.02 — 06.02 Emmrich Development, Inc. has requested extension of the deadline for filing a final plat for the Boulder Creek development. The City Council approved a PUD -CUP and Preliminary Plat for the subdivision located northwest of TH 101 and CSAH 37 on 8 May 2006. The developer's request to extend the deadline for application for final plat approval to 8 May 2007 is based on the slow down in residential construction that has become evident during the 2006 building season. The developer cooperated with the City on easements and right -of -way needed for the Quaday Avenue street project prior to preliminary plat approval. The City requires no additional easements or right -of -way from the development for pending projects. As such, City staff recommends that the request to extend the preliminary plat approval be granted. c. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Ron Wagner, City Engineer Andy MacArthur, City Attorney John Jackels, developer Aug 23 2006 4:51PM BONESTROO ROSENE RIVDERLIK 6516361311 p.l S F ITEM 6_1 ime•mmiiiiii I abnestroo nal ;F F Transmission � • Engineers i /MLhibmta ' Date: 8q.J From: Justin Kubisiak ti To: MiketRobertson Our File No: BRA # 503-04 -108 cc: fJdy Hudson t: , l Pages to Follow: 0 Organiz ►ion: City of Otsego " i Original Will Follow in Mail: Yes ❑ No Fax Nurlr: 763- 441 -8823 Subjec it Otsego East WWTF - Proposed Changes for Council Approval i s : Mike and ° udy, : i1 Maury IClman (Field Engineer for BRAA) delivered a packet to City Hall containing change order requests Nith back -up data to be put into the council meeting packets for the August 28 meeting. Please call Kardt4Cavett @ 507 -387 -4679 early this afternoon if there are any urgent questions. She will be attending the • meeting and has all of this information in front of her today. You should have received the following requests 1. a Watermain to Outside Fence (Change Order 6 Draft) - $7682.00 2. Pit, r 8" Existing Otsego Forcemain Piping (Change Order 7 Draft) - $2000.00 T &M, not to exceed 3. R` :i ove Concrete Pad at S Loadout (Change Order 8 Draft) - 82492.00 4(A) P I vement for Road Option D (Change Order TBD Draft) - $73,073.00 • 4(B) i; 4vement for Road Option E (Change Order TBD Draft) - $60,811.00 5. Ecting Receptacle Inspection (Change Order TBD Draft) - $800.00 Unit price, not to exceed 1 Total of g pages separated into the above portions. Thanks, .: { Justin K i isiak • 651 -967`1 14 is v `. . T t 1 I i C x r i r Bonestr ', Rosene, Anderlik and Associates, Inc. www.bonestroe.com 2335 Wei :Highway 36 + St. Paul, MN 55113 + Phone: 651 - 636 - 4600 + Fax: 651 - 636 - 131 F LIA Bonestroo Owner: City of Otsego. , 8899 Nashua Ave NE, Otsego, MN, 55330 -7314 Date August 22, 2006 !� Rosen ECM dill Anderlik & Contractor: Gridor Construction Inc, 3990 27th St SE, Buffalo, MN, 55313 Associates nears & Architects Bond Company: Liberty Mutual Insurance Company, ,Interchange Corporate Center., 450 Plymouth R Bond No: 190- 013 -84; CHANGE ORDER NO. (ToBeDetermined) OTSEGO EAST WASTEWATER TREATMENT FACILITY BRA FILE NO. 000503- 04108 -0 Descrintion of Work I Provides for roadway alterations per Proposal Request No.23REV- OPTION D. (Cost quotation is valid until 6/23/06) Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO. (TBD) 1 PAVEMENT FOR MAIN ROAD AND LOOP LS 1 $73,073.00 $73,073.00 TOTAL CHANGE ORDER NO. (TBD): $73,973.00 50304108CO9Draft.xls Original Contract Amount $9,195,300.00 revious Change Orders $72,158.00 Phis Change Order $73,073.00 Revised Contract Amount (including this change order) $9,340,531.00 CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for final Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready for final Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: '3ONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ORAFi Date: Approved by Contractor: Approved by Owner: GRIDOR CONSTRUCTION INC CITY OF OTSEGO RAFT 6 -,•- Date Date cc: Owner Contractor Bonding Company Bonestroo & Assoc. 50304108C09Draft.xls Bonestroo 8899 Nashua Ave NE PROPOSAL REQUEST Roseie I No. 00023REV Anderlik& Otsego, MN 5533 -7314 Associates Phone: 763 - 441 -4414 dneers & Architects Fax: 763 -441 -8823 TITLE: Revised Roadway Alteration DATE: 8/8/2006 PROJECT: Otsego East WWTF Phase 3 JOB: 503 -04 -108 TO: Atm: Steve Lee CONTRACT NO: 1 Gridor Constr., Inc. 3990 27th Street SE Buffalo, MN 55313 Phone: 763 - 746 -9072 Fax: 763 -559 -3736 DESCRIPTION,OF PROPOSAL %w. ...... h ° ......,. ., ....G: Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental to proposed modifications to the Contract Documents described herein. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN. Description: (Written description of the Work) * D) Provide and install bituminous pavement and alter the roadway section and plan per the attached drawing PR23REV - OPTION D. See contract drawing C101 for dimensions and scale. Raise all existing valves and manhole castings. E) Provide and install granite chip topping and alter roadway section and plan per the attached drawing PR23REV - OPTION E. contract drawing C101 for dimensions and scale. Raise all existing valve and manhole castings. Your cost proposal should be provided to this office at the earliest possible date but no later than 9 August 2006, to allow for review prior to negotiations. After receipt of your proposal you will be contacted to establish the specific time for negotiations. Your cost proposal and supporting documents may be faxed to 651- 636 -1311 or mailed to this office. Please contact me with any questions. • By: Steve Lee Date: Bonestroo ,Assoc. (OST COST ESTIMATE GRIDOR CONSTR., INC. JOB Otsego East WWTF Phase 3 DATE 8/8/2006 PLAN ITEM Pave Entire Site Per New Plans SPEC SHEET 1 OF 1 EST SL CKD SL ITEM ITEM LABOR MATERIAL EQUIP E.O.E. SUB NO DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 0 0 0 0 0 Pave entire site per new plans _ 1 Is 0 0 0 0 ###### 61201 0 0 0 0 0 Adjust Valves 2 ea 150.00 300 200.00 400 0 0 0 _ 0 0 0 0 0 Adjust Manholes 5 ea 50.00 250 25.00 125 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 PAGE TOTALS 550 525 0 0 61201 Labor: 550 Labor - Taxes, Ins., Fringes: 60% 330 Material: 525 Sales Tax: 6.50% 34 Equipment/EOE: 0 Subcontract: 61201 SUBTOTAL $62,640 Overhead: 5% 3132 Margin: 10% 6577 Bond: 1% 723 TOTAL $73,073 Bonestroo Owner City of Otsego.. 8899 Nashua Ave NE, Otsego, MN, 55330 -7314 Date August 22. 2006 Rosen IO Anderlik & Contractor: Gridor Construction Inc, 3990 27th St SE, Buffalo, MN, 55313 Associates peers 6 Architects Bond Company: Liberty Mutual Insurance Company, .Interchange Corporate Center„ 450 Plymouth R Bond No: 190 - 013 -84; CHANGE ORDER NO 6 OTSEGO EAST WASTEWATER TREATMENT FACILITY :Vial — NQ 000503- 04108 -0 i ID AF Description of Work If Provides for relocation of the twelve inch watermain from under the plant driveway to outside the West fence due to conflicts with existing plant influent pipe lines per Proposal Request No.29. Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO. 6 1 MOVE WATERMAIN TO OUTSIDE OF THE FENCE LS 1 $8082.00' .$8;682 - 9&-- TOTAL CHANGE ORDER NO 6: , 4&681-00 1 P1 50304108C06Draft.xls Original Contract Amount $9,195,300.00 vious Change Orders $58,984.00 iris Change Order 58,68200 T. . ; , o Revised Contract Amount (including this change order) -$9;262;466:00°°' CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for final Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready for final Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): • Recommended for Approval by: O NESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Date: Approved by Contractor: Approved by Owner: GRIDOR CONSTRUCTION INC CITY OF OTSEGO voilipn .1MVI -FT Date Date cc: Owner Contractor Bonding Company Bonestroo & Assoc. 50304108C06Draft.xls Bonestroo 8899 Nashua Ave NE PROPOSAL REQUEST Rosene No. 00029 0 Anderlik& Otsego, MN 55330 -7314 VI Associates Phone: 763 - 441 - 4414 givers &Architects Fax: 763 - 441 -8823 TITLE: Relocate Watermain DATE: 8/8/2006 PROJECT: Otsego East WWTF Phase 3 JOB: 503 -04 -108 TO: Attn: Steve Lee CONTRACT NO: 1 Gridor Constr., Inc. 3990 27th Street SE Buffalo, MN 55313 Phone: 763- 746 -9072 Fax: 763 -559 -3736 D ... ,. � ,.a , . . .., ,Al fJ„ ., D^ a-" Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental to proposed modifications to the Contract Documents described herein. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN. Description: (Written description of the Work) 1) Relocate the watermain per direction by the field engineer. The attached sketch shows the approximate alteration. Your cost proposal should be provided to this office at the earliest possible date but no later than 8 August 2006, to allow for review prior to negotiations. After receipt of your proposal you will be contacted to establish the specific time for negotiations. Your cost -proposal and supporting documents may be faxed to 651- 636 -1311 or mailed to this office. Please contact me with any questions. By: Steve Lee Date: Bonestroo _Assoc. ' 1+ .3,43.3. LICT•90-T59 :".i M.P. • J.. 4Pv0 0 6 7-A 6 ao9r9o-tss ...id sa7ePosslf la Nna Mad 3115 TIMINO 4.140 7 Nue 14. MY CMS NM 'in..1 IS V 1 111. 12 VIN £ 3SVHd A11110VJ IN3111V3211 1:131VM3ISVM 1SV3 wow.. .....1......• . MI 0.1*.X. TM "U*0 ined is 004sauos ruf V10S3NN I NI ' 093S10 ..................... lield 914 Mt .11110 MM. 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N ''• - 0 \ I' # b • * s ' - 4 S ............" f'. * 1 * 4 3 4 I • 4 3N ' ',‘ \ ....••• _ .... _ l 4 4 4 1 • 3 ' s ' ' 7 .- el s• A! 0 0 . it, , L , - 4 - - ‘111114 - -,L I NIMI/Wiry / 4 • 4 * 4 4 4 • I 4 • 4 4 .. / 4 3 4 4 * 3 4 1 3 4 * • 4 \ 4 4 4 * • 4 I 4 4 4 • : 3 4 \ • ... + . ,. 3 . 4 . 3 . 4 4 4 4 4 4 i: I * + • 4 . f ,I„ . 1 ....f:'.7.. .. '.. ::.1 • • • 3 3 ..3. ■.4 .... 2.... ■ ■••L•A.3. 4.■ '' ! 4 4 4 4 t 4 3 • 4 4 4 • 4 * \ \ i --- • ••• - - • COST COST ESTIMATE GRIDOR CONSTR., INC. JOB Otsego East WWTF Phase 3 DATE 8/17/2006 PLAN ITEM Changes to New Watermain SPEC SHEET 1 OF 1 EST SL CKD SL ITEM • ITEM LABOR MATERIAL EQUIP E.O.E. SUB NO DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 0 0 0 0 0 Labor Time 1 Is 1850.00 1850 0 0 0 0 0 0 0 0 0 Extra Materials 1 is 0 500.00 500 0 0 0 0 0 0 0 0 Equipment Time 1 is 0 0 950.00 950 0 0 0 0 0 0 0 New Silt Fence 500 if 0 0 0 0 2.00 1000 0 0 0 0 0 Seed New Grass in disturbed area 1 Is 0 0 0 0 1000.00 1000 0 0 0 0 0 Repair Fence 1 Is 0 0 0 0 1000.00 1000 0 0 0 0 0 0 0 0 0 0 0 . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 _ i 0 0 0 0 0 0 0 0 0 0 PAGE TOTALS _ 1850 500 950 0 3000 Labor: 1850 Labor - Taxes, Ins., Fringes: 60% 1110 Material: 500 Sales Tax: 6.50% 33 Equipment/EOE: 950 Subcontract: 3000 SUBTOTAL s7,443 Overhead: 5% \ Margin: 10% j Bond: 1% TOTAL -.38, 2-. - on / " �� — +�, Bonestroo Owner: City of Otsego, , 8899 Nashua Ave NE, Otsego, MN. 55330 -7314 Date August 22. 2006 !'J■ Rosene 0 Anderlik & Contractor: Gridor Construction Inc, 3990 27th St SE, Buffalo, MN, 55313 Associates users b Architects Bond Company: Liberty Mutual Insurance Company, .Interchange Corporate Center„ 450 Plymouth R Bond No: 190-013-84'. CHANGE ORDER NO. 7 OTSEGO EAST WASTEWATER TREATMENT FACILITY BRA FILE NO. 000503- 04108 -0 Description of Work DRAFT Provides for alterations of the accepted changes to the Otsego Force Main piping due to watermain relocation per Proposal Request No.24REV. Costs beyond the previously approved Proposal Request No.24 include extending end location of the future connection point approximatly 10 feet to the west and fittings nessesary to cross under the watermain. This alteration will allow a future influent pipe to be connected to the facility without digging through existing utilities. Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO. 7 I ALTER EXISTING 8" OTSEGO F.M. LS 1 $2,000.00 $2,000.00 TOTAL CHANGE ORDER NO 7: $2,000.00 50304108CO7Draft.xls Original Contract Amount $9,195,300.00 evious Change Orders $67,666.00 .nis Change Order $2,000.00 Revised Contract Amount (including this change order) $9,264,966.00 CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for final Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): • Ready for final Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: O NESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. RAIE...T Date: Approved by Contractor: Approved by Owner: GRIDOR CONSTRUCTION INC CITY OF OTSEGO la ii 1 1 l • Date Date cc: Owner Contractor Bonding Company Bonestroo & Assoc. 50304108C07Draft.x►s AJi 8onestroo 8899 Nashua Ave NE PROPOSAL REQUEST K32 Rosen No. 00024REV Anderhk& Otsego, MN 55330 -7314 Associates Phone: 763 - 441 -4414 Ma:6Ndtau Fax: 763 -441 -8823 TITLE: Alter Existing 8 Inch Otsego F.M. DATE: 8/22/2006 PROJECT: Otsego East WWTF Phase 3 JOB: 503 -04 -108 TO: Attn: Steve Lee CONTRACT NO: 1 Gridor Constr., Inc. 3990 27th Street SE Buffalo, MN 55313 Phone: 763 - 746 -9072 Fax: 763 -559 -3736 DESCRIPTION OF PROPOSAL Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental to proposed modifications to the Contract Documents described herein THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN Description: (Written description of the Work) 1) Alter the existing 8 "Otsego Force Main as shown on the attached sketch. Field verify exact dimensions and locations of pipes and fittings. Flow may only be stopped in pipe between 9:30 A.M. and 3:30 P. M. Provide cost to not exceed, time and materials quotation Your cost proposal should be provided to this office at the earliest possible date but no later than 8/22/06 to allow for review prior to negotiations. After receipt of your proposal you will be contacted to establish the specific time for negotiations. Your cost proposal and supporting documents may be faxed to 651 - 636 -1311 or mailed to this office. Please contact me with any questions • • By: Steve Lee Date: Horesimo.A me • . . . ... . . ........,. . ...ft . . ..... 0 \ `� Vim `` �� /� �t� %. \IIN' Ir li / / \ f •".• ‘ l ike •Ili 0 . 4r / Cr di i Z 4: i s �. Z w s on -1i. ilk , . %. 4 .% ' ' A9 'Cr/ "IN ..tk , , s;L V, •.• !. ∎- '- d 71 s � e e . • ir 0 N-- g v - 0 1 6 - 1.1 .* - ii , . r- . i g s ,, z te. i ti� s , X \ 4 \ %_ip. •!) Q \ `, W1 01,04 . 01 W,1 z . ' • W:1 0934,10 M911 / all /4"1 ~\ • iis 1 rk, V)) f ir re i re ra' ik I D IA - -" Na sv. %3 =A V te a.° J COST COST ESTIMATE GRIDOR CONSTR., INC. JOB Otsego East WWTF Phase 3 DATE 8/22/2006 PLAN ITEM Alterations to Alterations of New Forcemain SPEC SHEET 1 OF 1 EST SL CKD SL ITEM ITEM LABOR MATERIAL EQUIP E.O.E. SUB NO DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT O 0 0 0 0 - 12" SJ DIP _ 10 If 12.00 120 24.00 240 12.00 120 0 0 - 12" Fittings 2 ea 100.00 200 210.00 420 0 0 0 12" Mega Lugs 4 ea 23.00 92 55.00 220 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 _ 0 0 0 0 PAGE TOTALS 412 880 120 0 0 Labor: 412 Labor - Taxes, Ins., Fringes: 60% • 247.2 Material: 880 Sales Tax: 6.50% 57 Equipment/EOE: 120 Subcontract: 0 SUBTOTAL $1,716 Overhead: 5% 86 Margin: 10% 178 Bond: 1% 20 TOTAL $2,000 ,n, Bonestroo Owner: City of Otsego, . 8899 Nashua Ave NE. Otsego, MN, 55330 -7314 Date August 22. 2006 0 Rosene dill Ander & Contractor: Gridor Construction Inc, 3990 27th St SE. Buffalo, MN. 55313 Associates ne & Architects Bond Company: Liberty Mutual Insurance Company, .Interchange Corporate Center., 450 Plymouth R Bond No: 190- 013 -84: CHANGE ORDER NO. 8 OTSEGO EAST WASTEWATER TREATMENT FACILITY BRA FILE NO. 000503- 04108 -0 Description of Work DRAFT Provides for the removal of the existing sludge load out stand drain pad per Proposal Request No. 28. Contract Unit Total No. Item Unit Quantity , Price Amount CHANGE ORDER NO. 8 1 REMOVE CONCRETE PAD AT SLUDGE LOADOUT LS 1 $2,492.00 $2,492.00 TOTAL CHANGE ORDER NO. 8: $2,492.00 50304108COSDraft.xls Original Contract Amount $9,195,300.00 ;vious Change Orders $69,666.00 1'his Change Order $2,492.00 Revised Contract Amount (including this change order) $9,267,458.00 CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for final Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready for final Paythent (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: ONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Date: _w Approved by Contractor: Approved by Owner: GRIDOR CONSTRUCTION INC CITY OF OTSEGO _DRAFT Date Date cc: Owner Contractor Bonding Company Bonestroo & Assoc. 50304108C08Drah.xls Bonestroo 8899 Nashua Ave NE PROPOSAL REQUEST Rosen Anderlik& Otsego, MN 55330 -7314 No. 00028 11 Associates Phone: 763 - 441 -4414 Peen &Architects Fax: 763- 441 -8823 TITLE: Existing Sludge Load Out Stand DATE: 8/8/2006 PROJECT: Otsego East WWTF Phase 3 JOB: 503 -04 -108 TO: Attn: Steve Lee CONTRACT NO: 1 Gridor Constr., Inc. 3990 27th Street SE Buffalo, MN 55313 Phone: 763- 746 -9072 Fax: 763 -559 -3736 Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental to proposed modifications to the Contract Documents described herein. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN. Description: (Written description of the Work) 1) Abandon the existing sludge load out stand drain line, pit and concrete pad. Remove concrete to below roadway, cut drain pipe and cap line. Your cost proposal should be provided to this office at the earliest possible date but no later than 8 August 2006, to allow for review - rior to negotiations. After receipt of your proposal you will be contacted to establish the specific time for negotiations. Your cost .oposal and supporting documents may be faxed to 651- 636 -1311 or mailed to this office. Please contact me with any questions. By: Steve Lee Date: Bonestroo .Assoc. COST COST ESTIMATE GRIDOR CONSTR., INC. JOB Otsego East WWTF Phase 3 DATE 8/8/2006 PLAN ITEM Remove Concrete Pad at Sludge Loadout SPEC SHEET 1 OF 1 EST SL CKD SL ITEM ITEM LABOR MATERIAL EQUIP E.O.E. SUB NO DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 0 0 0 0 0 Remove concrete and patch holes 1 is 550.00 550 100.00 100 250.00 250 0 0 0 0 0 0 0 Hauling and Disposal 1 Is 250.00 250 0 500.00 500 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 PAGE TOTALS 800 100 750 0 0 Labor: 800 Labor - Taxes, Ins., Fringes: 60% 480 Material: 100 Sales Tax: 6.50% 7 Equipment/EOE: 750 Subcontract: 0 SUBTOTAL $2,137 Overhead: 5% 107 Margin: 10% 224 Bond: 1% 25 TOTAL $2,492 ,n, Bonestroo Owner: City of Otsego, . 8899 Nashua Ave NE, Otsego, MN, 55330 -7314 Date August 22, 2006 �J■ Rosene CM dill Anderlik & Contractor: Gridor Construction Inc, 3990 27th St SE, Buffalo, MN, 55313 Associates ne & Architects Bond Company: Liberty Mutual Insurance Company..Interchange Corporate Center„ 450 Plymouth R Bond No: 190- 013 -84; CHANGE ORDER NO. (ToBeDetermined) OTSEGO EAST WASTEWATER TREATMENT FACILITY BRA FILE NO 000503- 04108 -0 Description of Work DRAFT Provides for roadway alterations per Proposal Request No.23REV- OPTION E. (Cost quotation is valid until 6 /23/06) Contract Unit Total No. Item Unit Quantity . Price Amount CHANGE ORDER NO. (TBD) 1 PAVEMENT FOR MAIN ROAD/TOPPING FOR O.D. LOOP LS 1 $60,811.00 $60,811.00 TOTAL CHANGE ORDER NO. (TBD): $60,811.00 5030410800 (9optionE60811)Draft.xls Original Contract Amount $9,195,300.00 . vious Change Orders $72,158.00 ihis Change Order $60,811.00 Revised Contract Amount (including this change order) $9,328,269.00 CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for final Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready for final Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by 'ONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. D Date: Approved by Contractor Approved by Owner: GRIDOR CONSTRUCTION INC CITY OF OTSEGO Date Date cc: Owner Contractor Bonding Company Bonestroo & Assoc. 50304 108C0(9optionE60811)Draft.xls 4 Bonestroo 8899 Nashua Ave NE PROPOSAL REQUEST Anderldc& Otsego, MN 55330 -7314 No. 00023REV Associates Phone: 763- 441 -4414 Engineers & Architects Fax: 763 -441 -8823 TITLE: Revised Roadway Alteration DATE: 8/8/2006 PROJECT: Otsego East WWTF Phase 3 JOB: 503 -04 -108 TO: Attn: Steve Lee CONTRACT NO: 1 Gridor Constr., Inc. 3990 27th Street SE Buffalo, MN 55313 Phone: 763- 746 -9072 ; Fax: 763 -559 -3736 DESCRIPTION OF'PROPOSAL. Y '' , "' x ' ' F >" ; ` �'" Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental to proposed modifications to the Contract Documents described herein. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN. Description: (Written description of the Work) D) Provide and install bituminous pavement and alter the roadway section and plan per the attached drawing PR23REV - OPTION D. See contract drawing C101 for dimensions and scale. Raise all existing valves and manhole castings. Provide and install granite chip topping and alter roadway section and plan per the attached drawing PR23REV - OPTION E. %. .e contract drawing C101 for dimensions and scale. Raise all existing valve and manhole castings. Your cost proposal should be provided to this office at the earliest possible date but no later than 9 August 2006, to allow for review prior to negotiations. After receipt of your proposal you will be contacted to establish the specific time for negotiations. Your cost proposal and supporting documents maybe faxed to 651- 636 -1311 or mailed to this office. Please contact me with any questions. • By: Steve Lee Date: Bo�f00 . COST COST ESTIMATE GRIDOR CONSTR., INC. JOB Otsego East WWTF Phase 3 DATE 8/8/2006 PLAN ITEM Pave Site and Granite Chip around OD's SPEC SHEET 1 OF 1 EST SL CKD SL ITEM ITEM LABOR MATERIAL EQUIP E.O.E. SUB NO DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 0 0 0 0 0 Pave site and Granite Chip around OD's 1 is 0 0 0 0 ###### 50690 0 0 0 0 0 Adjust Valves 2 ea 150.00 300 200.00 400 0 0 0 0 0 0 0 0 Adjust Manholes 5 ea 50.00 250 25.00 125 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 PAGE TOTALS 550 525 0 0 50690 Labor: 550 Labor - Taxes, Ins., Fringes: 60% 330 Material: 525 Sales Tax: 6.50% 34 Equipment/EOE: 0 Subcontract: 50690 SUBTOTAL $52,129 Overhead: 5% 2606 Margin: 10% 5474 Bond: 1% 602 TOTAL $60,811 -- 1 gi � 2' BITUMINOUS WEAR COURSE - - - - - - - I ■ � 1 1 l �� \��\� � 2 ` GRANITE CHIP TOPPING I I I • • •' • • " • • " 2` 1 CL 5 AGGREGATE BASE 0 40' 80' 160' ■ MnDOT SPEC. 2357 TACK COAT • ' • • •'' • "•' I I ' I • um iiiiiiiii ;. .; . :.' • ,:.i...,.......',. . 22' SELECT GRANULAR BORROW I II m mow= ��\��\ 2` BITUMINOUS BASE COURSE • • 12` CL 5 AGGREGATE BASE N��✓ ,' I. &I��✓. ✓ /��i • 1 i ' I II s'.; :, :1-.7.4: ; • • ` .....Vv - •/..r• - /.7 � GEO TYPE V TEXTILE FABRIC MnDOT 1 a t .• 5 2C SELECT GRANULAR BORROW �� I\ \ - / . J I j �� ✓� %�� SPECIFIED SUBGRADE AS I I A I� ,� ✓� j��\ GEOTEXTILE FABRIC MnDOT I N I ��1 TYPE V . awe a AWL nrroew ! �I I I II. ✓� PREPARED SUBGRADE AS I ��. I . 1 ,„�� O.D. LOOP ROAD SECTION I , ' \' �_I Ali If M 1161W4118 MOM WWI ocrremx WO IMMUNE OW.) i M BITUMINOUS PAVEMENT SECTION ■ x ' I i�/M�ot� • YN�� ,� � 1 �1 I � q • 1 IbIIF MO PS, M.-0 / I I 1 I L 2 1' I , n i e , ... , I I � IQ! ,./ nom �•,..E VW.)— d �. z , , „„,, AL A CD• . 4 ■ - -- I II � .,,, ,7 \ \ 0 e 1 r '/ -, _ E1 _ I C 0. _ . BITUMINOUS -SEE DETAIL ' i -''' \ 's C!% ROADWAY - GRANITE I \ \- l'..: Bo' T - SEE DETAIL I 1 \ I Ian MU •r arms w amble _ , 1 ∎ I PRZ3R&/ ITEM 6.3 I akanson 310/ Anderson 3601 Thurston Avenue, Anoka, MN 55303 Assoc., � . Phone: '763/427.5860 Fax: 763/427.0520 August 3, 2006 Ron Wagner City Engineer Otsego, MN 55330 RE: Queens Ave. Drainage Improvements Dear Ron: On August 2, 2006 we received two quotes for work to complete the Quer= Ave. Drainage Improvements south of 59t St. The quotes are shown on an attached tabulation. We checked the mathematics for all quotes with the detailed tabulation attached. Based upon the low adjusted quote by Ryan Contracting, Shakopee, MN of $.135,335.00 the estimated cost split for the drainage improvements is: Metro Horne Insulation: $80,498,00 Christian Comml: $11,777.00 Queens Ave. (City): $37,060.00 Additional detail on the cost split is shown on the attached cost split spreadsheet. A mewing with the property owners will be arranged for an agreement on the costs to complete the drainage improvements. If the property owners are in agreement to complete the improvement based upon the submitted quote by Ryan Contracting. It is recommend the City award the improvement work to the adjusted low bidder, Ryan Contracting Co., Shakopee, Minnesota in the amount of $135,335.00. They are currently working on the Qucens Ave, extension north of 50 St. and would start this work around August 14 completing this work within the month of August if the property owners are in went. contact me with any questions. Sincerely, Hakanson Anderson Associates, Inc. Lie :° Pelawa, P.E. cc: Mike Robertson, City Administrator *427rw BID Td.. ,TION CITY OF OTSEGO Queens Avenue Drainage Improvements • Bids opened a.m./pm., Wednesday, August 2, 2006. There were 2 bids received, as shown herein. Ryan Contracting, Inc. Dresel Constructing, Inc. Bid Schedule "A" • Removals ITEM ESTIMATED NO. SPEC. ITEM DESCRIPTION QUANTITY UNIT PRICE EXTENSION UNIT PRICE EXTENSION 1 2021 MOBILIZATION (MAX. 5% OF TOTAL BID) 1 LS $2,500.00 82,500.00 $6,000.00 $6,000.00 2 2104 REMOVE TREES 7 EACH $250.00 81,750.00 8350.00 82,450.00 3 2104 SALVAGE RCP STORM SEWER 96 LF $8.00 8768.00 $18.00 81,728.00 4 2104 SALVAGE RCP APRON 3 EACH $350.00 $1,050.00 8100.00 $300.00 5 2104 REMOVE CMP CULVERTS 240 LF 89.00 $2,160.00 $7.00 81,680.00 6 2104 REMOVE CATCH BASIN/MANHOLE STRUCTURE 1 EACH $350.00 $350.00 $300.00 $300.00 7 2104 REMOVE CURB AND GUTTER 40 LF $8.00 $320.00 $5.00 $200.00 8 2104 REMOVE CONCRETE TRUCK PAD 240 SF $1.50 8360.00 $2.50 $600.00 8A 2104 REMOVE UNSUITABLE MATERIAL: CONCRETE RUBBLE 1,800 CY 812.00 821,600.00 $22.00 $39,600.00 9 2104 SAWING BITUMINOUS PAVEMENT FULL DEPTH 750 LF 83.00 82,250.00 $3.00 $2,250.00 10 2104 REMOVE BITUMINOUS PVMT. (FULL DEPTH REMOVAL) 1,750 SY 83.50 $6.125.00 $1.75 $3,062.50 11 2104 SALVAGE SEWER CASTING 1 EACH _ $150.00 $150.00 $150.00 $150.00 Total Bid Schedule "A" $39,383.00 $58,320.50 Ryan Contracting, Inc. Dresel Contracting, Inc. Bid Schedule "B" - Streets ITEM ESTIMATED NO. SPEC. ITEM DESCRIPTION QUANTITY UNIT PRICE EXTENSION UNIT PRICE EXTENSION 12 2105 COMMON BORROW 1,800 CY $6.00 810,800.00 $9.85 $17,730.00 13 2211 CLASS 5 AGGREAGATE BASE 400 TON 818.00 87,200.00 $15.00 $6,000.00 14 2380 Type LV-4 WEARING COURSE 50 TON $125.00 $6,250.00 $110.00 $5,500.00 15 2360 Type LV -3 NON - WEARING COURSE 65 TON $125.00 88,125.00 $105.00 $6,825.00 16 2357 BITUMINOUS MATERIAL FOR TACK COAT 20 GAL 88.00 $160.00 88.00 $120.00 17 2360 BITUMINOUS DRIVEWAY PVMT. (2.5" THICK) LV4 1.400 SY $14.00 $19,600.00 816.00 $22,400.00 17A 2531 CONCRETE CURB AND GUTTER DESIGN 8612 40 LF *14.00 $560.00 $17.00 8680.00 18 2531 8" CONCRETE TRUCK PAD 240 SF $7.50 81,800.00 $6.00 $1,440.00 19 2584 TRAFFIC CONTROL 1 LS $2,000.00 $2,000.00 $1,000.00 $1,000.00 20 2564 TYPE III BARRICADES - TEMPORARY 6 EACH $375.00 $2,250.00 $150.00 8900.00 20A 2575 EROSION CONTROL BLANKET 200 SY 82.00 *400.00 $4.00 8800.00 21 2575 INLET PROTECTION 4 EACH *400.00 $1.800.00 $650.00 $2,600.00 22 2575 SEED MIXTURE TYPE 260, FERTILIZE & MULCH • 0.30 ACRE $1,500.00 $450.00 $1,400.00 $420.00 23 2575 SEED MIXTURE TYPE 310. FERTILIZE & MULCH 0.45 ACRE $1.500.00 $675.00 $1.400.00_ $630.00 Total Bid Schedule "B" $81.870.00 $67,045.00 ot427bidtabBID TABULATION BT -1 OF 2 BID TA .rION CITY OF OTSEGO Queens Avenue Drainage Improvements Ryan Contracting, Inc. Dresel Contracting, Inc. Bid Schedule "C" - Storm Sewer ITEM ESTIMATED NO. SPEC. ITEM DESCRIPTION QUANTITY UNIT PRICE EXTENSION UNIT PRICE EXTENSION 24 2501 24' RC APRONIFES WITH TRASH GUARD 4 EACH 51.441.00 $5,764.00 51,925.00 57,700.00 25 2503 24' RC PIPE SEWER DESIGN 3008 CL I11 522 LF 838.00 519,836.00 538.00 519,836.00 26 2503 INSTALL SALVAGED 30" RCP 96 LF 527.00 82,592.00 518.00 81,728.00 26A 2503 FURNISH & INSTALL 30" RCP 20 LF 855.00 51,100.00 855.00 51,100.00 27 2506 CONSTRUCT DRAINAGE 60' STRUCTURE DESIGN 4020 1 EACH $2,390.00 52,390.00 83,500.00 53,500.00 28 2506 CONSTRUCT DRAINAGE HEADWALL STRUCTURE 1 EACH 51,500.00 51.500.00 8650.00 5650.00 29 2511 RIPRAP CLASS III 10 CY 590.00 8900.00 8125.00 81,250.00 Total Bid Schedule "C" 534,082.00 535,764.00 • SUMMARY OF BIDDING: Ryan Contracting, Inc. Dresel Contracting, Inc. • Total Base Bid Schedule A through C 8135,335.00 5181,129.50 ot427bidtabBlD TABULATION BT - 2 OF 2 • 5150) 1S31I1d51S0Jli.0 00090 001 001091,1 00860981 00SEE'S419 3 WOUW V 009.0.8 PI/ ••B 00s 38PNOq AM Marem1ue0118WW, Agway amps 0=111 '9tf '3903.N39000 :MOON 408385NS018 0010093 OO 99t't8 00466913 (00909'8 .7. 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CITY OF OTSEGO, MINNESOTA OA NANCES" SLUE ALE A~. MPlLIE WI tWRS' N DIE CC N S IR UCT Of TIM S K COYP1I. TH N DIE COSYC1pN 5 or TNn P401ECS. ALL I6ATfE [0007104. DENCCS 4N0 941416 SNAU CDNfOOM 10 DIE 0.061760, 1ICWOINC FIELD MANUAL 106 IE»PORARY I6,1KC CONTROL 10NE LAYOUTS, JAMART 200A. CITY OF OTSEGO 06-13 o PIS IECT 6 — SHEET INDEX ' 0. a { tr' ,� ` - i {� � ` l , - _ `'*N RA -.— I TNB PUN CONTAINS 78NEETS i=i - .7 — - - i{ MN Shoat 3 t--- ,L '�, • '\ 2 - rWoo fa or Walls _ . 1a _,� ! r f'E }. ..i1. ` —. • 7 SPfYak rwa 1� 611441 7 i 11 _ L • • • : p PROJECT ' 1 _____L - , 1 1 : G CI . •" '—' • LOCATION ;f; : 1.......... - — — — � i . ¢. ST r:t.. E. 39[00- SiREC7' ` —_, - ;.. ` 1. •_�b I '�- c I f - - M ; RODE RECOMMENDED FOR APPROVAL trt �� —/ ' a, �, LLOCAT N ■ I / / �_ 2 6052 07/27/06 . —� * i 1`ii 'l = u �,, �� CITY RM/KD J. ER P.E. lkan.a No. Oats l __ ____ Y -! — —�� r+ — / LaREFr— —• _ IIYIIY�= ,`.CSI -./ x a � / ! r' 1. 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M YC90 eD R s % C i 1 • \ s \2, k k 1••il ) NI y V R Sq I i R z O or o K'a v a O e ...I 1 V \ a a app ... ITEM 8_1 NAC NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231 .2561 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 22 August 2006 RE: Otsego — Wildflower Meadows; Preliminary Plat Extension NAC FILE: 176.02 — 04.35 Rottlund Homes has submitted a letter dated 15 August 2006 requesting extension of the deadline for filing a final plat for the Wildflower Meadows development. The City Council approved a PUD -CUP and Preliminary Plat for the subdivision located northeast of TH 101 and CSAH 37 on 13 March 2006. Section 21 -3 -2.K of the Subdivision Ordinance requires a developer to submit an application for final plat approval within 100 days of preliminary plat approval. A final plat application for Wildflower Meadows had not been submitted within 100 days ending on 21 June 2006 as the developer was working with City staff on construction plans for extension of utilities to the southeast quadrant of the City. The developer's request to extend the deadline for application for-final plat approval to 13 March 2007 is based on the slow down in residential construction that has become evident during the 2006 building season. The City's plans for extension of sanitary sewer to the southeast quadrant of the City are still dependent on crossing the Wildflower Meadow property. The City has approved Building #1 of the Gateway North Industrial Park which will require utilization of the sewer line to be extended through the Wildflower Meadow development. Also, Anoka Equine is required to connect to City sewer as soon as possible as their existing septic drainfield is within the right -of -way for the off ramp from northbound TH 101 to CSAH 37. As such, the City requires that Rottlund Homes either submit a final plat dedicating right -of -way overlying the planned trunk sewer line (with the balance of the property in outlots) or establishment of a temporary utility easement such that the City may construct the sewer line if necessary in advance of Rottlund Homes planned 2007 construction. City staff has discussed the need for crossing the Wildflower Meadow property with the developer prior to the request for a preliminary plat extension and were expecting submission of an "outlot" plat. City staff now recommends that the request to extend the preliminary plat approval be tabled to the 11 September 2006 City Council meeting to allow the developer to submit the required "outlot" final plat or easement. c. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Ron Wagner, City Engineer Andy MacArthur, City Attorney Theresa Greenfield, The Rottlund Company, Inc. 2 ITEM g_ MEMO Date: August 23, 2006 To: Mayor & Council From: City Administrator Mike Robertson Re: Park Priorities List Listed below are the park priorities as determined by the Park & Recreation Commission in their last meeting. They started with a list of 20 items. These items included any item that had ever been suggested by anyone, including some items that the Council had already deemed a low priority. Though discussion was specifically limited in order to facilitate voting one thing needs to be mentioned. In the third round of voting there was discussion that maybe Neighborhood Parks should not have been included on the list because everyone was making the assumption that these parks were top priority and would be constructed as soon as land was dedicated and enough park fees paid by developers. The items on this list were regarded as more specialized and beyond the normal list of park equipment or fields. The Commission went through several rounds of voting and the items are listed in priority order with a description of the item below it. Only the Park & Recreation Commission members voted. There was no voting by Council liaisons or by City staff. The first three items listed made it all the way through to the final round of voting. 1. Dog Park - A place where doggies could walk and run and poop to their heart's content. This would require a minimum of several acres. People could only enter if they had a Pooper - Scooper. 2. Hockey Rink - This refers to a hockey rink done the "right way ", not our volunteer effort rink of the past. Such a rink would probably consist of a specially prepared base with perhaps chiller pipes underground. The City can expect that if this is discussed there will be a strong request to include a second rink for non hockey uses. The City can probably hire someone to teach figure skating at the second rink to budding Nancy Kerrigans and Tanya Hardings. This rink could be constructed almost anywhere but should have access to a large parking lot and a water source. If a warming house is needed there will be a strong request for the City to staff it so kids don't do bad things in it. That would require significant expenditures for seasonal staff, along with management time to see that the seasonal staff doesn't do bad things. 3. Landing Park - A landing area along the Mississippi River that would be landscaped with natural plants, flowers and grasses and have picnic tables and a dock for fishing. Several areas along the Mississippi River have been identified as sites for possible landing parks. Items four through six were eliminated in the fourth round of voting. 4. Nature Park - This would be a park without any play equipment or organized activities. It would have trails, be landscaped with native grasses and plants and be oriented toward some scenic amenity. This type of park has been discussed for the Wilson -Berge land at the NE corner of 85` & Odean and along the Creek running through NW Otsego to the Mississippi River. 5. Disc Golf Course - This would be an area with permanent or semi permanent structures that people would aim Frisbees or other flying instruments at. This use could be in almost any park as long as the open space was a few acres. 6. Big Ballpark - This would be a baseball park big enough (300 -350 foot fences, bleachers for 100+ people) to hold baseball games for 14+ year olds. This field would need a large parking lot and a water source. A possible site for this use has been identified at the west end of Prairie Park. 2 Items seven through nine were eliminated in the third round of voting. 7. Soccer Field Complex - This would be a large area with multiple fields where tournaments could be held. This would require a site that is at least 10 acres and up to 40 acres or more. A possible site for this use has been identified west of the new City garage. 8. Neighborhood Parks - These are the parks, typically around five acres, which are built in the new and old neighborhoods. They are typically built soon after we receive the land and have enough money to build a park. 9. Splash Park - This would be a concrete area with a variety of permanent fixtures installed which would spray water down or out. The fixtures can work on timers or motion sensors. This use would require a parking lot and a water source. It would not take up much more space than a full size pool. The advantage of this type of activity is that you do not need to staff it. It does require a lot of maintenance though. Items ten through sixteen did not receive any votes in the second round of voting. 10. More Parking in Prairie Park - Additional parking in Prairie Park for ball games, Otsego Festival, or other events. Current suggestions include either an extension of the existing lot on 90` street or a new paved lot on the west side of the existing four ball fields. 11. Additional Skate Parks - Additional skate parks in other City parks. 12. More Soccer Fields in Neighborhood Parks - This would mean concentrating on building one or two soccer fields in neighborhood parks rather than building complexes of four or more soccer fields. 3 13. Outdoor Wading Pool - This refers to a small outdoor pool that's about two feet deep. This could be built anywhere there's a parking lot and a water source. The advantage of these pools is that most people don't expect the City to staff them with lifeguards. They would still have to be cleaned and maintained on a daily basis while open. 14. Lacrosse Field - This would be the size of a typical soccer field and could be put in almost any park. 15. More Baseball Fields in Neighborhood Parks - This would mean concentrating on building one or two baseball fields in neighborhood parks rather than building complexes of four or more baseball fields. 16. More Tennis Courts - More tennis courts, no specific location. The following items did not receive any votes but the Park & Recreation Commission felt they should remain on the list for possible consideration in the future. Outdoor Swimming Pool - This refers to an outdoor swimming pool deep enough to dive into and big enough to hold a number of kids on those warm summer days we remember so fondly. This could be built almost anywhere but would require a large parking lot and a source of water. Many you have heard me say that an easier way for a city to lose money would be to just open the wallet and let the money blow away. That's because the city would have to hire staff (certified lifeguards) even on those summer days we don't remember that aren't warm and sunny and no one shows up to swim. Model Airplane Flying Site - This would be an area where enthusiasts could fly their model airplanes without fear of them crashing into anything (or anyone). According to the club that used to fly in Prairie Park a minimum of 20 acres is necessary. 4 BMX Track - This would be an area for BMX Bikes to race around in. Several acres would probably be needed. There has always been a concern it would be used (destroyed ?) by ATVs. The following item did not receive any votes, and by a 4 -2 vote, the Park & Recreation Commission recommended that that it be removed from future consideration. Horse Park & Trails - A place where horses can run and poop to their heart's content. This would require a minimum of several acres and a Super Duper Pooper Scooper. 5 r -- ITM 9_2 Hakanson Anderson 3601 Thurston Avenue, Anoka, MN 55303 30 Phone: 763/427 -5860 Fax 763/427 -0520 Assoc., fnc May 11, 2006 CenterPoint Energy P.O. Box 1165 Minneapolis, MN 55440 -1165 RE: Gas Line Installation Permit Application — T.H. 101 Corridor City of Otsego Dear Mrs. Denisova, We have approved the gas main installation permit application for gas main relocation installation in relation to the T.H. 101 improvement project (reconstruction of C.S.A.H. No. 42 is scheduled to begin in June.) Coordination between CenterPoint Energy, MN/Dot and the City of Otsego shall be established so all parties can schedule their construction activities accordingly. The City has plans to install utilities along many of the same routes as your proposed gas mains follow. For instance, Queens Avenue and 65 Street utilities (watermain, sanitary sewer, storm sewer and forcemains) are currently scheduled to begin the first or second week of July; and the forcemain and watermain project along T.H. 101 has already begun, but cannot be completed until the State has graded the portion of the frontage road between C.S.A.H. No. 42 and 72 " Street NE. If you have any questions or comments, please contact myself, or Mr. Ron Wagner, P.E., City Engineer, at 763-427-5860. Sincerely, - HAKANSON ANDERSON ASSOCIATES, L 1C. Josegn J. 1\p CPherson, E.I.T. Enclosures cc: Mike Robertson, City Administrator Judy Hudson, City Clerk Ron Wagner, City Engineer Bill Morris, Hakanson Anderson Associates ot901 cpepermitapp T ;' CenterPoint� Application ,for permit Energy ) , -- "L' .: :' 7. - Z CO ,- To install, repair, or maintain underground natural gas facilities City or Township / J-7 > 9 ..."y.^ Permit applicant CenterPoint Energy Permit # Address PO Box 1165, Minneapolis, MN 55440 - 1165 MGC# r4 / rf Crder - �/ ; ✓' ' = _ ; 24 Hour Emergency 1-800-722-9326 or 612-372-5050 1. Nature of work Q Gas main installation 0 Gas service installation 0 Other 2. Surface to be disturbed 0 Gravel 0 Concrete 0 Bituminous 0 Boulevard 3. Location (attach additional information if necessary) Street address /Addition / Location - - • 4. Pipe .- Size and kind . • Depth from surface Dimensions of excavation . - - 5. Method of installation or construction (including method of excavation and compaction) In accordance with procedures described in CenterPoint Energy Construction and Services Manual: Excavating, Backfilling, Compacting and in compliance with Minnesota Statutes §237.163 and Minnesota Rule 7819.1100 Machine excavation p Yes 0 No 6. Dates Work to star on or after - 1 / 7 ; To be completed on or before /. ; ! % . "' ' i' 7. Will traffic detouring be necessary? 0 Yes 217 No If so, describe routing: Print name �i�� ,"�.� /! / "•'l;irr ;;!%" � :.....-/-It? Signed by "., y��,fpily:rf Date / /214" - Phone (CrL) .JL/ - �Jj (. r AUTHORIZATION OF PERMIT Upon payment of, or agreement to pay, a permit fee in the amount of $ (> and in consideration of the agreement to comply in all respects with the street or alley excavation ordinances and regulations applicable in such operations, permission is hereby granted for the work to be done as described above. Said work is to be done in accordance with special precautions required, as hereby stated: 7 ()OA- 0 t& /i-; A) W 1- 1 1 4 - 1 - ,i- C ITV LiJ I LC. J)- 1T 5r_ T IA P . ki,lbl fit A &L zwite ( ,'J1 Ax. xitA-k AWN' (cc 1" 3r,L1 I %1 - It is expressly understood that this permit is conditioned upon replacement or restoration of the road surface to the condition prior to excavation in accordance with the appropriate rules and regulations that comply with all requirements shown on reverse side. Approved by ry; ". .o., fr f . Date ) /14) (..., Does the municipality ordes pion require to be notified upon completion of work? 0 Yes 0 No Designated person Phone ( ©2005 CenterPoint Energy White - Applicant Yellow - Municipality engineer Blue - Municipality street superintendent Form 16 Rev. 01/05 GE-51266 _ \ \ 65 ST NE - -J �1 os":� ._ t • f % INST 6" TR TEE " 6 "Xi" ALL TR REDUCER SOUTH CL-6 ST ' ,, - ( / - I / 6" TR CAP EAST OF TR ' '? 37' ECL QUEENS AV NE { 664 ' - 1 I. 30' NCL 65 ST N'E C • 1 r ., TR CL-6 :a R1 Z INSTALL (2) 6" TR ELLS t m PROPOSED 6" TR CL 1 _ -FIELD VERIFY LOCATION ( 30' ECLQUALEAV NE o 0 $ 1670 > ,.., 3 i < t / ( Z k • 2� E I . 4. .. ... ,,, • < u / Z _F 1 r w 3` • `. Z a F 0 43�i A ` cm 7., G A nX�F • n r 9 O \J EXISTING BE ABANDONED T DO N EDI N PLACE O ABANDOED I 1 a � V r- • g EXISTING 2" TR CL-6 0 ?a A287 -1989 / ` DGCBI.E SQUEEZE OFF .... EXISTING r TR CL-6. CUT & INSTALL 2" TR CAP V TO ABANDON HVA' 101 CROSSING E • 66 s : 62 ST NE f' ,Y ,pp 100 sy . PROPOSED 6" TR CL 6 x 30' SCL 62 ST N E EXISTING • 440' Z • 7 TR CL-6 • INSTALL 6 "TR90 DEG ELL u3 / A3046 - /� • ITHu 9 -3 OTSEGO 1 -94 WEST INDUSTRIAL PARK GOVERNING SPECIFICATIONS THE 2003 EDITION OF THE MINNESOTA DEPARTMENT OF WATERMAIN AND SANITARY SEWER EXTENSION S AV N 'STANDARD SPECIFICATIONS FOR CONSTRUCTION' SHALL LL DO GOVEE RN. . CITY OTSEGO, MINNESOTA All FEDERAL, STATE AND LOCAL LAWS. REGULATIONS. AND ORDINANCES SHALL BE COMPLIED WITH IN THE CONSTRUCTION OF THIS PROJECT. ALI. TRAFFIC CONTROL DEVICES AND SIGNING SHALL CONFORM TO THE MMUTCD. INCLUDING FIELD MANUAL FOR TEMPORARY TRAFFIC CONTROL ZONE LAYOUTS. JANUARY 2004. CITY OF OTSEGO PROJECT 06 -15 SHEET THIS F'L/W CONTAINS INDEX 18 SHEETS j I I J _ � t` T rue sneer — I F- 2 Construction lea i - l- a Estimated Quantities and Tabulations �� I i �_ ; -- 4—B Details Sanitary Sear Plana �/ • _ 1 Sevier Wolrmain Prone III p4 ' .Q :' r N. E u If, I E111 B�r.EIly 9Cae4 .. i� grEsiv A-41,4... ,,,,. min iz J ey _✓ Ike°.. ,.I " L a ntof a �, 1 ■ RECOMMEND FOR APPROVAI ' PROJ ECT ' - •< All „ P 70Th STREET LOCATION ■ T Y � litlypili I 1 I —� CITY OF ALBERTVRyE i s•'j .. 1 I ; er•;;r RONALD J. WAGNER P 26052 X /X /06 I _ , 1 1. I .E. License No Dale . / 2 • I 1 I e i :, I CITY ENGINEER . _ a �k ._. CITY , Iiw II ! i -_-_I .. I 6 111 '''''' c- i I W , ! I OD li '�= w� certify me that this Plen, specification, o report was • y e o under my direct supernsion one mot I i i Q E own o ewy Licensed Professional Engineer under me lows �` I i I , I of the Stole or NYNleeoto r LOCATION MAP I RE w � ' °° VICINITY MAP 43381 0/0/06 SCME N FEET 4 SHANE M. NELSON P.E. License No. Dote E. HARANSON ANDERSON ASSOCIATES. INC F g I° • • te? „Y — WWII wTw DATE REVISION e IV MS ma sun/Ma BR11T 1110114104 IN DM NAN IS Mil BRUIT MAT IEVR RNs mar MART � HO ow nn LEM..LT ME M) MUMS TD RE MGM ' ,,, Mde E n a — J��i OF muE ml DmR e"a Assoc., Inc. CO SY CDT a ONEw 4w711 1iAa IMIIY RATA." V, w - Noma "`" M 1IWI MIRY. -1O0TA 1° T° NOyww SHEET 1 OF 18 SHEETS CONSTRUCTION AND SOILS NOTES PIPE SEWERS CONNECTING MANHOLES AND CATCH BASINS SHALL BE IN THE BITUMINOUS MIXTURES SHALL MEET THE REOUIREMENTS OF Mn /DOT SPECIFICATIONS 2360, ACCORDANCE WITH Mn/DOT SPECIFICATION 2503. BEDDING AND BACKFILL SHALL "PLANT MIXED ASPHALT PAVEMENT", AND SPECIFICATION 3139, "GRADED AGGREGATE FOR CONSIST OF UNIFORM SUITABLE GRADING MATERIAL MATCHING ADJACENT SOILS BITUMINOUS MIXTURES, CONTAINED IN THE SPECIAL PROVISIONS AND THE 2005 EDITION OF UNLESS OTHERWISE DIRECTED BY THE ENGINEER. Mn/DOT STANDARD SPECIFICATIONS FOR CONSTRUCTION. WHENEVER THE WORD "INCIDENTAL" IS USED IN THIS PLAN, IT SHALL MEAN THIS WORK COMPACTION OF ALL BITUMINOUS MIXTURES SHALL BE BY THE MAXIMUM DENSITY METHOD. WALL BE INCIDENTAL FOR WHICH NO DIRECT COMPENSATION WILL BE MADE. GRADING GRADE IS DEFINED AS THE BOTTOM OF THE PAVEMENT SECTION, I.E., THE ALL ASPHALT SHALL BE SUPPLIED FROM A CERTIFIED PLANT. BOTTOM OF THE CLASS 3/4 AGGREGATE BASE. UTILITY COMPANIES WILL RELOCATE THEIR FACILITIES CONCURRENTLY WITH THE TOPSOIL SHALL BE DEFINED AS MATERIAL MEETING Mn/DOT SPECIFICATION 3877, CONSTRUCTION OPERATIONS UNDER THIS CONTRACT. CONTRACTOR SHALL SCHEDULE NATURAL TOPSOIL, INPLACE SLOPE DRESSING. OR NATURAL TOPSOIL THAT HAS BEEN CONSTRUCTION IN COOPERATION WITH UTILITY RELOCATION. BURIED. SWAMP SOILS WITH ORGANIC CONTENTS EXCEEDING 20 PERCENT SHALL BE CONSIDERED UNSUITABLE SOILS. PLACE 4" MIN. TOPSOIL, FERTILIZER. AND SEED OR SOD ON ALL DISTURBED AREAS. UNSUITABLE MATERIALS SHALL BE DEFINED AS MATERIAL NOT MEETING Mn/DOT FERTILIZE WITH 500 POUNDS PER ACRE OF A COMMERCAL FERTILIZER WITH A MINIMUM SPECIFICATION 3149.261. UNSUITABLE MATERIAL MAY NOT BE PLACED WITHIN A NPK OF 20- 10 -10. SLOW RELEASE OR ORGANIC FERTILIZER SHALL BE INCORPORATED 6 1V:1.5H SLOPE DOWNWARD AND OUTWARD FROM THE GRADING SHOULDER PI OR INCHES INTO THE SOIL AS PART OF THE SEED BED PREPARATION. ABOVE THE ELEVATION OF 7HE BOTTOM OF THE SELECT GRANULAR MATERIAL. ALL EARTH MATERIALS NOT DESIGNATED FOR USE SEED MIX 260 IN COMMERCIAL AREAS AND 280 ALONG THE ROADSIDE AS DIRECTED SALVAGE, AND ALL DEBRIS. SHALL BECOME PROPERTY OF THE CONTRACTOR AND BY THE ENGINEER. APPLY AT A RATE LISTED IN THE ESTIMATED OUANTITIES. SHALL BE DISPOSED OF OUTSIDE THE RIGHT -OF -WAY. ALL SEEDED AREAS, APPLY HYDRAULIC SOIL STABILIZER TYPE 5 OR 6 AT A WATER USE A SHRINKAGE FACTOR OF 125% FOR MATERIAL SALVAGED FROM THE SLURRY RATE OF 2100 POUNDS PER ACRE IN ACCORDANCE WITH MNDOT 2575.3H. INPLACE ROAD CORE, 125% FOR OTHER GRADING MATERIALS EXCAVATED FROM REMOVE AND SALVAGE ALL SIGNS. THE PROJECT, AND 125% FOR BORROW MATERIALS REMOVE AND TEMPORARILY PLACE ALL MAIL BOXES AT ENGINEER APPROVED LOCATION, WHERE CONNECTING TO INPLACE ROADWAYS AT THE TERMINI OF PROPOSED NEW AS NEEDED DURING CONSTRUCTION. REINSTALL MAILBOXES ON MNCOR STANDARD OR CONSTRUCTION. CUT VERTICALLY TO THE BOTTOM OF THE INPLACE SURFACING OR EQUAL PER DETAIL. TO THE BOTTOM OF THE NEW SURFACING DESIGN. WHICHEVER 1S DEEPER: THEN AT A 1V: 20H TAPER TO THE BOTTOM OF THE RECOMMENDED SUBGRADE EXCAVATION. DISPOSITION OF EXCAVATED MATERIAL SHALL BE IN ACCORDANCE WITH SPECIFICATION 2105.3D. SUITABLE GRADING MATERIAL ON THIS PROJECT SHALL CONSIST OF ALL SOILS ENCOUNTERED WITH THE EXCEPTION OF TOPSOIL. SILTS, DEBRIS. ORGANIC MATERIAL • AND OTHER UNSTABLE MATERIAL. THE MATERIAL SHALL HAVE A CLASSIFICATION OF SP. SAL OR SP -SIN, (USCS CLASSIFICATIONS). STRIP ALL INPLACE TOPSOIL AND SLOPE DRESSING IN AREAS TO BE DISTURBED BY CONSTRUCTION AND REUSE AS SLOPE DRESSING. IN AREAS OF STREET, SHOULDER, AND INTERSECTION CONSTRUCTION. THE EXPOSED SAND SHALL BE SURFACE COMPACTED TO 100% OF THE MAXIMUM STANDARD PROCTOR DRY DENSITY. ASTM D698, IN AT LEAST THE UPPER 3 FT. UNLESS OTHERWISE RECOMMENDED IN THESE PLANS. THE GRADING SUBGRADE SHALL BENCHMARKS BE CONSTRUCTED OF SUITABLE GRADING MATERIAL. THE FILL SHALL BE PLACED IN LOCATION DESCRIPTION ELEV. 8' TO 10 LOOSE LIFTS, AND COMPACTED TO AT LEAST 9571 OF THE MAXIMUM • X %% TOP NUT STANDARD PROCTOR DRY DENSITY TO 3' BELOW GRADING GRADE, AND TO 100% THE N1 HYDRANT X REMAINING 3'. /2 RAIL ROAD X IN ANY PAVEMENT WIDENING THE CONTRACTOR SHALL STRIVE TO SUBSTANTIALLY MATCH E BACKFILL MATERIAL WITH IN PLACE SOILS TO FORESTALL ABRUPT FROST DIFFERENTIAL. N3 RAIL L R ROAD X GRANULAR FILL SHALL NOT BE PLACED BESIDE NON GRANULAR SOILS AND VICE VERSA. SPIKE RAIL ROAD X SPIKE • ELEVATION BASED ON 1929 DATUM BITUMINOUS AND CONCRETE ITEMS DISTURBED BY CONSTRUCTION SHALL BECOME THE PROPERTY OF THE CONTRACTOR AND SHALL BE DISPOSED IN ACCORDANCE 111H Mn/DOT SPEC. 2104.3. USE TACK COAT BETWEEN ALL BITUMINOUS MIXTURES. THE BITUMINOUS TACK COAT MATERIAL SHALL BE APPLIED AT A UNIFORM RATE OF 0.05 gd /sy BETWEEN THE SUBSURFACE UTILTY INFORMATION IN THIS PLAN IS UTILITY BITUMINOUS LAYERS. THE APPUCATION RATES ARE FOR UNDILUTED EMULSIONS (AS SUPPUED FROM THE REFINERY) OR MC AND RC UOUID ASPHALTS. THE ASPHALT OUAUTY LEVEL C. THIS UTILITY QUALITY LEVEL WAS DETERMINED EMULSION MAY BE FURTHER DILUTED IN THE FIELD IN ACCORDANCE 941H SPEC. 2357. ACCORDING TO THE GUIDELINES OF CI /ASCE 38 -02. ENTITLED STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." DATE NEWSOM 1 Ate, wee MI ay Om - ®k _ " ��`\» "' " Hakonson Anderson Assoc., Inc. CITY Of SHEfr OTSEGO CONSTRUCTION NOTES 2 4 "*. 6r k�A K 11%7 Civil Civil Engineers ana Long tl hry _ ^v• " � ADS a /22!06 3601 tA1MW Ant. Atl" rwo lo 55303 O15EG0 1-94 WEST INDUSTRIAL PARK . rte - Aeon " r r . ION Ai d 763- 427 -51380 FAX 763- 427 -0520 18 "1*moov>,o.v..v+ - .� -+o�". Da. • -, -. •. fk. w. JAM-- JAM-- IAN 07631 nn.na a .w onoon- onn...00rn 7116 A IV12 ®Vm ROAD CITY OF OTSEGO, MINNESOTA S H E ETS 07631 • H/ - r '� � I � 1 24/5 21 3/4 23 7/8 5 3/4 % ,� sFCnc l� , /, wm �r r 0 [ 0K 41 '11•- 24/8.5 xl 7/4 xs 7/e 7 1/4 A p 24/8 21 3/8 23 7/e 9 1/s 00 CASTING, LK 8 AMER Yam L ID OF % a IDi AS NOwlm a (WO amM'i '4' YAK / . MAW. 111105 1....1 (» T — ■ AKA K A KT m WW1= OWE I� 27 /5 21 3/4 26 3/4 5 1/4 K 'K'D' Lq V YroN �� / WM COWL. AND WOW OD CASMC ONRr Y.L SONLESS STEEL 1 / Nu smarm 1urz N¢ LMM K ANN •ALL DE MENSIONS CAN VERY * 1 / NS Rf ACGEP1 ] .' 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PIPE ' P E z0 KoN4 on mows �..•. „ 0101/111.00 � p mt ¢ E1ML MCIffILL (INKING A _ . rz11 K swum — —� �! /•.n.��.� 1K.10111 ADAPTOR 1M0 Row ANT. \\ ` K I4SM[IE =1101 Oli 14 I I f 1 111 III—; r� E� \`\ WYDT ]MC. rK — I 1 1 1! _ SEGT_N A-A 010•0110 C MI F ` 1 mi l =MOOD GAWK rnc Ha N.A. ru1F w a o NMO ' bE `swr wr� 1 { T t. 1 I 1 . 1j= l 4 , -1 _ MOW .NK K .YID ONE NM Q WE y 11' \ \ \ U EYB' WOW M - Y� " - KIK EIACKFIII ADAO1010 •110 - 995 = ALL ITIK.. wow Y1.NLLS nal K ONE on Neer D KR[ 'J 'T 1 T r t I 1MCO � K M MM COWL K K ` Si1K LYE Io a R, LD., wErz 1°O C 1 =1 I L M YMO iTf T s MOE WAS n O NAUNCNMG Nam T AT MYCIm , ,,p[ - M A t KCp6 Y1M C �� - �� • ._; - REDOING r WN }� UNDER PIPE L 1111.10 .N1 I.L tK Ka yO Y YL V �3 I.. �" " U 1!7 7 46 t !2 i7 . 1e�9)■ • I�, ,,pp K YYtM q Y NN Q1.ECr M r001W .. `� I I y I - OUND.TMM COIIECIWN Ai 1��Iy —.• _ 1. a. r r- E I T 1/yT I VNDI5ITTWEO SOl'"t'1�� _ I - F WTERWI (If NEE ,�� • MOM OR WOW POO -M / ice KW. YI WOWI SWIM a NWM J ( SICI m I TN1O UV06v �1 _ � II11 -Tl l l llt l ' I- T NI W EA MOS =OD ORI='I'OD10OD TKM YMI6 O .Y[ WAR NW ..=.3- OLM I` . MOA�.a /OA10 W0M A l I _I I ILO WO/ t11n >r ` 11011 �a WYUIwK 60 I, 1 �, �1,11y PIPE ENCASEMENT MOM N +.Fs (HOC TIC KKR[ KMMRd 1 ' YONKK' SPACE OM FILN 0*04 Oi IPIPE 51ML1 K' NOT LE55 T1NN I?' 00 ONE THIRD ILL ALL 100{ LLWW1 Q YYQ WNW WET � 4) '.I . K 1100.010 N C VII P IF TIC TRENCH FROM MUMS THIS ILAMMUL. THE K CONTRACTOR SINK WW1. AND OK THE MIK DWIETER OF THE PIPE. BUT NOT • I- C RS WW1 A BETTER MAK OF BEDDING NATTROL Q' R � REQUIRED �� S. OR ACTUAL THE ROTN A No UM G05T i ONNERSEE SPERON M..a........ SANITARY SEWFR SERVICE SERVICES INSULATION FOR WATER & _ NO SCALE GRAMMAR BORROW. EXCEPT T 100{ THE R RICHE 51141 PASS DIE ONE- H 51EVE Lao on NT Kw ARK. re Y� r M r SANITARY SEWER PIPE K & KMK WOW Ir • MTKRQ ..1 II'.=' wN Y - NO SCALE PIPE N WOING STANDARD SIM MANHOI F • DATE REVISION I DN. MY, WI AK KAT. Roe NEFi S U .. =ww I """'+ ` 9« '� Hakanson Anderson Assoc., Inc. SANITARY DETAILS 4 LN.1MK 1 K. 0. E KL CICivil gi Eno. a111 LoO Surveyors 7� M ADS 8/17/05 7801 11NAKR A 0 K. ARKS. KKYKIM 85303 OTSEGO 1 - WEST INDUSTRIAL PARK m I6 F .w CL MR - .9 rz oW k n 787 - 127 -3860 MX 753 -427 -0320 w. .".w..w. ......Ywn0c.H .Y.IMN, D. LIP Nr. • _ RAY 01831 1YN.NKLKMMI v10W=M1..=1n ON Kn O t eDAp CITY Dr OTSEGO. MINNESOTA SECTS 0T631 • Mum AS SIVITIMIT A Il ! A tam R I ti I '• I WADE MOCKS .' 1 RAM OM WNRxN.w R< u Raww,P RISK > A Il VSICI M SRN a° n w 1 , \ \ F a • - — RORS IN On ovics AMMO RUM /.RAt MQ xN YB X wAW Mot WAW l,aAnFM b 0 10SSNT 0011 MAN ' SOW COMtlO* ROM 90 N b N SECTON 'A' bTwM10�N[LaIB. am t RC1 1110D IC 0• C P GREATER THAN 2 SERVICES WATER SFRVICF D F T A I I ` 4 two IN C9MIRR T NOTES Au VALVES suss x F I T T E D [xTENS40 STEWS. TO NO SCALE �• \ O w M. SWAM - BINO ATE OPERATING NUT TO WWI 1' OF 111E SURFACE. 4 `f Eli: I RFU.. E R1 T1bb `' 4 DOT LOS TYPICAL RESILIFNT WEDGE Y e plv,/. RNM or s VAI VE & BOX INSTAI I ATION p 00CnoN •AA• 10" & UNDER WATERMAIN NO SCALE ORG MEG bGwO POLIMTUDE 11111 RIRDM. IRA VIKA ID DOODAD REACTION BACKING NO SCALE m iss, ism, LW.. ROD 1 TtN1n 1®/w1R IOU VINO 110811 rro MN Fir---.-. ..Mn r M t I/Y x004 NWTCC11oR 'a A 1/t' A CRK<1b • • WOAD 101 Asoa• v vim =AVM TC T a r ir� ROY �� vw ,' , im ' _ lair = �..r I 11 .t �d a, oAO1w1 - 111 p TMRR1111p MN �,� 3 I 0 -r —= WPC 1.02 xrm 1b V V. mMORR ROOM .. I i u� �� wa.o i t wu .. >F<>z<nbrn e wPwa.N rif MUD N1xSFR R� a NOW Dom MOM Kam TO NUN P OF A A w NtY M tT $ O wltURRO RIi va“w w OKN. I NM 1 S MA MOLES BELOW BELOW NORIM bRbN1 . � MAWS W Roue DADA. : MT7� r8r� o� ..'n,,, '' II? :l'r, 0040 MUM t Moon MI5 STALL . uam NM OR ; = ._ i w F, Tw1wN A N w OtRO NOM u vAL1ES sNA1i BE nTT1D wtN Ex1EN3gN 57EN3 TO �., ` � ■ Q __ WINO THE OPERATING NUT E SURFACE 16t 161 .- a A W b X Mw 1R WAR i1 1 - t W1- TYPICAI BUTTFRFI Y VALVE & O Tr Tram vAMxoN nom SAMAR, WO - BOX INSTALLATION 12" & OVER WATERMAIN HYDRANT AND VAI VE INSTAI LATION NO SCALE TRAFFIC FLANGE HYDRANT (OR APPRM 0 EOM) • DATE REVISION .*MIRE mg., 0411 On Nes y« ®R - " , + "F R .OTV a h Hakanson Anderson Assoc., Inc. WATERMAIN DETAILS � �� 5 1B km M Civil Civil En01nMR1 and Lane Surveyors 5 7. ADS 8/17/06 3601 Ranks Mo. A1ay IYrw00 sw 55203 OTSEGO 1 WEST INDUSTRIAL PARK 0 wR THE 'TN _ vas, . s. MM wsR 1N a 763 -427 -5660 FAx 763 -427 -0520 Mw�.sw wTw n OF um- wNv.,wN W- .M.,..nv DS u AWN- R,w 01631 MN..IwMws°n- TnaNSm<wn 'm ROOM mvER SAD CM OTSEGO, MINNESOTA SHEETS 01631 • • 1.0' m 7 RIP". GRANULAR - " _. FILTER BLANKET$2 SFC. B -@ qy 5pN �ryEN B 57D.Nit 3/00 ! 3110. J III I!I.; r %_%� L ! I L e. 2' :I. ..,01 i�� e MnDOT 2573.503 .� a, 'prl.. PREASSEMBLED i • 1 B I MIN. 2 1/2 PIPE Mx IF[ o �� ABOVE GROUND OPTION 1111 M1. P1. 7110 POO 10199. 0 AS APPROVED BY THE CRY ENGINEER. 8 %B FILTER BLANKET m SFC A -A EARTH FILL M {��II ' � N � NL �E � B �uNB • EARTH FILL FENCE MATERIAL • • F- Ir APRON ■IIBII , ® FOR PIPES GREATER THAN OR EQUAL 10 40 . USE 2.0' ` /RIIYIINZ'' ::. . ® THE CONTRACTOR MAY SUBSTITUTE A OEOTEXTI E 5' POSTS - 8 MAX. ON CENTER 6. f�l II • • • MINIMUM 2' PENETRATION 12 DEEP � WPM UNLESS OTHERWISE SPECIFIED 19 719E ,•,•I'•,•'•'•' PENETRATION MANS. THE FABRIC SHOULD COVER THE AREA REF. MnDOT 3888 Of THE RWRAP AND EXTEND UNDER THE CULVERT APRON 3 FEET. PODIUM 2 STAKES PER BALE ® QUANTITIES AS PER 81•1001 STANDARD PLATE RIP -RAP AT R.C.P. OUTLET SILT FENCE STRAW /HAY BALE BARRIER PLACEMENT NO SCA1E NO SCAU: NO SCALE DATE PENSION 1 .aM ra111y INN WY 69* - ; MIN _ — 7,..1":4,.."7:71' ,.1 = «' A w " ' SPIN '� Hokonson Anderson Assoc., Inc. CITY GP EROSION CO SHEET .,��, .. Imo ME ChM EnOMeere and Lane SurVi N TROL DETAILS yere 6 • jY • . ADS B/17/08 3601 lAU1Nq. Aw., A. Niaeele 53]0.) N ■ 1 4773.. Ad - .. - ,z °, COP NE NI 763-427-saw 763-427-saw FAX 763-427-0520 320 r 1 WEST INDUSTRIAL PARK . "•°�°" ^• '•- ,ot.wwnw..w1- .a . ««..., 6w �• . 1r. «. _ RAY 07831 ««...d.mw.- enderwn.ean oN ee GRE v R CITY or OTSEGD, MINNESOTA ' 18 07631 • ; I ;;,� 71ST STREET NE IS �� 11 1% I , 1f 1f I 1 i / ',6 ////' , 1; 1. 1�KKC i NOT ANIEGURES 11 11 I MOM yWRil COURT ' ; � 1 ,, 11 \l ' ; .111 �, 1 `} 011110 I) I - ,:,, ,11 ip t t'OOIItg01R _ A 1. COMMIS -.. ._ E yECrolt 11 1 � ' , u - - - -- }■ 19U0DL iW[IB Of W Ts. 11 1i _ / 1 , a ' i . .'._ > 1 _ i ,', i , / . — -' c= ^'1 - -- -- -fi r - / . � REMOVE AND I I .ex c ! / , 1 CRISPIER ,. N t I ' J ' ' K INTENT / RT COWRIES ` Y . _ ` °. lel RS 975 WATER PROOF 975 tom 721.1 I. • RCP 970 •..--- - — = a V) • 0.9514 970 ` � WPROOF 965 ? EXISTING E PROF LE 965 PRDPOyED.. DIP WAITAWI(I 'al . •� --._ _ r WATER PROOF ^ k ;1.t --- / CASTING WATER PROOF y n -- --- CASTING 960 960 3101, r PVC (509 ]5) • o.40W 3etLF e PVC 955 955 (SDN 35) • 0.4014 soaa, PVC (555 35) , &mg 8 I 950 N ' 950 1 22 II sg 945 I -� ^aI $ x 1! ? 945 rani.. 7i�oo I 940 aw ror ` 940 935 935 a r r r + w I m � q o I d r y P r w P O O I s = I P S P I P O I P 20 21 22 23 24 25 28 27 28 29 30 PATE REVISION t ..i....RV err Ow see 7 Hpka so thamord „ ,,,, W ' ; v • � � ” MN hill E Andes 0 Assoc.., InC. Land Summfor. Mil °P SANITARY SEWER PLAN SHEET _\. ?. ADS t /73/09 7101 IMAM.. WA. Mae. NY,.wla• WOy ,�� OTSEGO 1-94 WEST INDUSTRIAL PARK 0 Awe as V+ � V. +n l o a.- wrWSV \tiVee -.r��f al. -,T u.. .4. - .010. - ... W NM 7uInm 01 7116 COBA Rl ROAD s f±j, CITY 0, OTSEGO. MINNESOTA N O h D In 0 u, 0 pp e'- n n a, to 0 m eh m m ., m a m° rn m 'c Y Y Z d a & q sc , , . W 0 i w M 2 S 9c 3 C . s 4(2 s 0 S i i il .-'" -1 '"-",.-- . 11§ I - ri 9'see I PI- ,L:1 I 911911 I l / a is / S m c I Wall M p g • "� HL ,. 1 L11911 ` 7 • 0 9 ? ss l i pi 1 0 .11111 ,i, (L 1 1 W \ ((7N� II Y•L96 y = A 3 F t0' .4 yu ^ on -• .96 it 11 I I 9' L96 0 r �( 2 j+T I 1 d e'L9e — • ' " I•L9e 8 a I 8 ., il Inge p ';I 1 1 11e I I T 4 ! ■ 0 II IY'� /- __ ____J , ` 6'996 t i 1 II . • \ ` J y _ 931S11 1 1'1911 i , � r - ' 111 3 � ..--- . rise 0 y ' 1 t 1 i 3 i 1 �a A 01 a , 0 a 01 . : 2 P 1'+ S -1r 1.cn.. _ 1 — -- _ 3 C 1 If 1'-. 1 -% ` 1 cA '% i* 11 II 1 O /. 1 -- 41 ). -- I 1 I YI -- - - -- • j I — — Too � - t 1--, : -- 34 391 00 - ' ,• 40t00 1 I 41ao0 } ' 1 f -�. _. /1' / -m' 0w wow • 1 ;/ (, //: 1 . W OW wow ) 1 ' 1 11 H O l / , 'i / I/ \ 1 ■ MINK COIRRI // // /� ' I . 1 / / % ' 0 1 l/ I/ /( �, _ l/ DAD o W 100 I/ /I 1 1 I I 1Ca3 . /¢f 9 975 975 9 970 970 965 EXISTING £ PROFILE - - -- 965 960 �— �` 960 9 955 955 950 sots r PVC (son 35) • 0.40X 950 239 1,F..0! PVC .(soR. 33) op. o 40 9 945 945 ?I 4 4 nm R Y$ 940 $' t•R . g i • 1 . 940 'ee -t'ee 7 935 8'00 935 O n er tt w rl o; n q DATE REVISION 1 6. .401y ON r r. - ® N 38 39 40 41 OF Hakanson Anderson Assoc., Inc. = .e>�.Ne>..4� " mm 1..M "TM SANITARY SEWER PLAN s9E. unmet .,, a e Na CNN E end Land Sun 91 wyen .1 ADD 4l33/e9 3901 Punk* >n. Mete. IROwLLL 115.103 OTSEGO OTSEGO 1 - 94 WEST INDUSTRIAL PARK m 18 wi+�w r.b -rWeaMgV+e -w�'�e 9eN 1 ... A . a ,= 1Y. 9w 400L 1,1W SE NIL 01031 T w J6eeneen- endene...... 00112 g p CITY or OTSECO. NINNESOu ON TNR CRRAT WYR6 SHEDS • , rz.:[ KADLER AVE NE • •, 1 I I S\ r g I r cv ERN �^ t w0 f o+ 1 r ` : / I I f 1 1 I I T I.� \ ■ I I I \ I ■ I I ■ —� ■ / Ir(- 1 r " 1 1 r I f 1 � C 1! I r I I r 00 0 fD IOD II 1 1 / 1 r 1 I 1 RCNi M mT 970 _ _ -- _ 970 -- 965 -- EXISTING iE PROFILE ` __, - e. 965 960 960 945 955 955 950 2ariF 6' ►vc (SDR 26) • nom .... 251111 _ PM; (SDR 26) • 0.40% 945 950 Nr- 201f•0.40x YO 6-DIP (a52) 940 .TI � � NR a ^ oQ�' 940 rivis 935 -'Eut, . P z, e . ',IV.. RR 935 9 930 S E 930 II 925 . +0 � 925 P � 9 o n P $ P P I i w P ° i a w^ P I$P s/t DATE REVImN 1 15501, 1100 Oh p „ Ss • 43 44 45 46 47 l i m o , ..1-" '„ C j ' M 111 ....NI 111 3101 Anderson Assoc. Inc. R .CITY a � _ ..... A 11•11111 11•11111 hM and Land s [n6N..n SANITARY SEWER PLAN ) 0 ~ .� ....,-1‘ w an s /ot 3101 n.,.. Aw Melva. r....1. 55303 115150/0 - 05/15. r .0•21 RI r 763-427-5000 FAX Tes- 27 -0520 O75EC0 I — WEST INDUSTRIAL PARK 0 ' • " ' • ' 1 " r ' - '�� Ph ,1 ' � - Ile. M. RJW OT631 �.Irbmou- eniw�Pl.eem ON THE ORR RIVER AD CITY Of 075EC0. MINNESOTA 16 SNEER f1TR{1 0 10 LO 10 N 7 V M M N N m . . 01 01 01 01 Of 01 Of Of Of 8 O1 O■ 0 C G,.. 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II ' � .1.1.1 I. 1 , i I o [•+9e a :: tf o asa � 1 } " f ill 1 ______ i. `1 -T / §'999 3� Z re 1 • .1 I _hiS f - ' / Ie Th� 3i Ll A _ - y J swop o r cs gm 9'093 ~ - _._ mo d- - . 9019. f- It - •' - 11 d*HO 3 II p p p p 1; o m S In I II S M 2 N N E j; 01 01 01 01 01 Of 01 01 01 01 01 I lilt / K,■GN ,/ENUE` N 1Y' 23C I / i I ' YR 11 -l ` / / 1 ; 1- 1 : e ; , ----)16100.':: , �� r sr 1rc TW rrx , � � H:1, SOY M) 9 0. _!ri lief Wli /' //// / ■ • A / I w ■ WALE NO RD 1 � a a ; f 965 l — ---\, 965 PROFILE 7 \ EXISTING 960 — - -- ( �� 960 955 955 950 950 945 945 940 !Mt 12. /K 940 0511 NO • =X 21IF 21' PV 1631., 12 PVC (SCI 26) • 0.125 Ir ,VC • - 1911.F 12 PVC (S05 25) • 0.225 21111 12• PVC (SOR 26) • 0.225 21 PIC 1UR 935 935 930 w i go 930 n wk. as -„nri 925 110 : 1 • 044.4 925 ail 4 i' "! ° f .., $ =N Y � O N 'j W 'j ', il . 920 } GGGGGG 920 :HN4o O O O O o n n O ° N O ASS ,6 ° ° 57 ° ° 56 ° • ° 59 0 ° 80 ° 61 . 62 , DATE REVISION Anderson Assoc., Inc. SANITARY SEWER PLAN 12 1 I- w.Yl, AV Y amp ®! son �, ^�'", ,,,, \; , ' '+ N ' � Hakanson A N» MN 1f n Enyk and land Surveyor. Val . ?�. ADS 5/YS/05 3101 Manna An.. A. lams* 55353 OTSEGO 1 WEST INDUSTRIAL PARK 0 _.. use. M O2031 TN •wwjokanNn 5 - andvwn.N,m 01 TN sH[ �>� w .mow - �� µ ,,. A. ,� CITY OF O73iECO MINNESOTA • • to o In o In o N o to o \CO C tO t0 N N Y < M M N N °l 01 01 OI 01 Of 01 01 Of 01 Y z Q J a a a n 3 oL i s si W u si H M i Wg CC 4 as z - -x_ i v VI o Z-.--, j i / i I � ' 3 ; 1 t� ai p II 1 C L Li I�^V� .. - ^/ T 1 f..t1 MN ONILSIX3 1 0'956 4l'f£4 C - - sna OIIIlt1L3 A ' ' I g OL L33NNO3 0' r • Ni §/ 1 N i ' Q ; I ''44�� f 'eS4 ■ II I , ! i'LS4 s / :1 I i RE . 9'L46 y=_ 1 ;i __ g 1 _ _ - . . . I! (e4.31%;40)1,.°117,1:6.--(63)121. .41'959 I, ^ n t \ 9 • It, ,*L 9f�/4S lglr �p N • 4, fill _� __ I _ I __ I .449 I I I NV 8 I. ` a t'►s�° f, s ' '1 4 -- 1 r 1 - - - - car" t g ( a z n ,_:--- W 4Y49 '....\‘/ LB 9L'ff „ rNp _ . , • ISr Ita %I . 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I / i { ,- 1 i i 11 / i 9 € 1 ti A y g: ee 6 d f'CCf S t I a II l I' m m m Of $ m m m CO w i t • t sox.; � I I 11 1 1 1 1'. 71ST STREET NE x,1, 11' 1 , - V1 il 1 1 1 / • 11 \ /• \1 11 - s l l • • • n • % la „ ; rnalFCwnr i % %;i 1 \ Aq� I IIEII �OIICIIIAES // ly/ , \I M / - . _ = 111111 w'egS ms�c�s -�t>es x- fw'mNSsa _ _ �s ®a¢ wig . 01 MUMS MUw _ ' ." /-IV Ir MRRRRIIIT % N > `' rn I M RnLt WILYE .. J'�/ �fl -1 -� - 1L400-5 T2s00 -._ �J;00 - - - 14+0G ISf00.. .i6t / . - F-� 1� , 1 t F • � _ - -r'1 T • / • � n Irl1 1roc .\ of 1rxr AE• CAA VALVE Fn Iris. AL r - J - i <y S � &A VALVE t II4C Elf C• or (a 52) I / r CAA V1114 C 101. - -. - N afrxlasE) , .. - u� Izf r or1as21 /sue �� w o I m loo / • ' i MOILS rnl/M S `\ 1 1 \ SCALE Ill rtn 1 e 1 975 975 970 - 4-- --_. /- EXISTING t PROFILE 970 r --- L 965 965 960 s whin — — — — — — -7 , 960 955 955 • 950 EuAf Ir Nr la 521 wEww 950 11011E IEICIN or - 01 945 945 940 940 • . 935 935 o S N n h - r .1 j j y o b , � ∎: q n n 1 w b o y .T . w A P a O P p P q P Y R w i P P P i 0 P 9 10 11 12� 13 14 15 15 17 18 19 20 OM REVISION ■ Ar.11, weft NM K dm =MR �,,,1 „ e , - ^. ' N. Hakanson Anderson Assoc., Inc. WATERMAIN PLAN 15 SHEET w N■N nN ill aw d Ewa Assoc V OF T ,7�.' AOS 6/22/0S 3w1 lb lr.Nr A.w. Arch, WrrwM 511711 OTSEGO 1 - WEST INDUSTRIAL PARK m M a> m - err. N. - nee Ili 41 713- 117 -55S0 FAX 7113 -427 -0320 1 8 • V wwV.+.y.l NSY/N]IW,VIMN- w•1e.w OrN • '.. e.. •. , � . Ly, ...gal.- *LPN 07031 .rr.M4amon- andwnn.oam ON 7LE GIIBA E OAO CITY Of OTSEGO. MINNESOTA 18 MASI in 0 o N o 0 !n 10 E 8 r n n !o .o N u7 v e .n ; rn o' al al m o1 a ■ o! o, 0 c` R N `° H t . R z & N 5 � a g z_ _' Q N u La 3 O 3 1 5 �g 3N 1336.1.2 MLOL b 09E2id•1 SM', - "SrU -- - - ' S_M - SM - Sd N < l'"-------'' _ 1'096 1 ? 1 { i i i I b � '' rot \‘‘, • Il 1 � 1 lie € " V p I I � { s ese Z q ' py . o11x II - � .1 l ��» , ICy L 0'096 I� 7 `� , r . r3 1 M La f �' p ' Z i L I Vise N F-- 1 .I p '!! I f a C 1 i t d id 3 Vese a / t a ■ 1 ii - ----Swu 1 .2 g 0 16; 1 1 . �7 It 1 a ii rase N -c I , SI R �� 1 1 i I ; i m,-' g 1 wilts D, A 'n. 1 , : \ 8 11 1 ;1 . 12 w 1 N 0 � 7 1 - '+ \ { r 1 I ` ..' ," ` a 1 ' ( 6'101 IS i Z ' \' W .( t .\ \ c .. t,. ' A W 0 w g L ss6 ,,....., fin \ �;� = .451. 0 s... - - -- toe 14 f rz .,, t 0.964 NMI T row° ' t - -.` n 3 // • ,� // // I ll i is 11 !; : / fl :/ 6ili . I. r I 1 3 it il CO a i CO g rn m 01 0+ as a as a m a © ^ e R n --4-x— a Y i as a- R rl = a ° n s; a o _z = - Q .- U n 0L Z C MI La 3 - E lip 1; I 1 0 e sa N d ET: 1 j •. rose 10 I ,. , (--:-. LI g; rssa 8 3 b t. V LSO if i It§ I gg \ 1 3. ' 6.956 1 y 1 ::: '1' I:21 I ( I 1 a M C �, y ( 6'956 ill! f— - `>j 1 I !bd I WOOS I f I I W 3 = S; =L$� I o9 La ,� ▪ I 9'956 6 v gza- � _ — 1 11111156 '" x ° a 0 - 1 r I `` , ' resa '� _ ,. 1 • f, 6 / 1 . 1 .... I 2cs11 C!1 1 I , ca 1f ' 1 ; I n ' � 1 r 91L811 °L • 1 I CLOG 1 _� I I o 11 Ii I 1 Y I 1 ( 1 ' ! • k rose j , l n .' i ^ 4I II 1 1 111/011 `rii1 1 , f I i I G 1996 gg_I m _'- ':�3��SYms�+. �i 9'096 N I I 1'196 in N ` \ � ' 1 it I' 1 a 1 I. y 7 f _ G 3 a O a a a 3 0 3 s� S X g— 6 n ° r w e o o v ° a M 7-: m m m m m m m m m R d R 1 zrc a g z 3 _ • W 3, 3 • __ . 0 IyI ' , 3 I I I !f� 1 , o - -_ - SI 1 , L'q{ WMG 1 y f'L96 i 1 A. !�, B PI N eg Is§ 0 i b !! : J 1 I ' I g� • I c � 1 .: x 1 1 LAI > r,,..' I A aims 1 c 0 't Pi t e e , ` ; m L^ an , O , ) 1 3 rasa S I P mY I! �• M = 1 a d 9 9e{ L it ' r. IF F rig. MI . - ' W ` '' 0'AC{ g t is ' \ / rte{ vEla Og L.-1 rims t n: i6f ,' - I 1,464 n , I 1 } 111 ,,' 13 Vic "oat 1 1 I 3 1 !I r 3 m m 0 a 0 o w $ 0 a g3 RESOLUTION NO. 2006- 66 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, pursuant to Council requesting, Hakanson Anderson Associates, Inc. has prepared plans and specifications for the Sanitary Sewer and Watermain Improvements to Otsego 1 -94 West Industrial Park. And has presented such plans and specifications to the council for approval; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO MINNESOTA: 1. Such plans and specifications, dated August 23, 2006, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin, an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall specify the work to be done, shall state that bids will be opened at 10:00 a.m. on September 20, 2006, in the council chambers of the city hall, 8899 Nashua Avenue, Otsego, Minnesota, 55330. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the clerk for 5.0 percent of the amount of such bid. Adopted by the council this 28th day of August, 2006. Motioned By: Seconded By: All in Favor. Those Apposed: Larry Fournier, Mayor Judy Hudson, Clerk ot631 ResAooepplansOrdAds ITEM 1O.1A RESOLUTION NO. 2006 -63 RESOLUTION ORDERING IMPROVEMENTS (AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS) WHEREAS, after due Notice of Public Hearing on the construction of improvements for the City of Otsego, Minnesota, hearing on said improvements was duly held and the Council heard all persons desiring to be heard on the matter and fully considered the same; and WHEREAS, at said hearing there was available a reasonable estimate of the amount to be assessed and a description of the methodology, in the form attached hereto as Exhibit A: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Otsego, Minnesota as follows: 1. Said improvements are necessary, cost- effective, and feasible as detailed in the feasibility report. 2. It is advisable, expedient and necessary that said improvements as described in the Notice of Hearing thereon be constructed, and the same are hereby ordered made. 3. The improvements described in said Notice of Hearing are hereby designated and shall be known as Project No. 06 -01, Queens Avenue NE Improvements of 2006. 4. The consulting engineers, , are hereby directed to prepare final plans and specifications for said improvements. 5. The City Council shall let the contract for all or part of the work for said improvements or order all or part of the work done by day labor or otherwise as authorized by Minnesota Statutes, Section 429.041, Subdivision 2 within one year of the date of this resolution ordering said improvements. The motion for the adoption of the foregoing resolution was duly seconded by member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. Mayor Larry Fournier Judy Hudson, Clerk 1932601v1 2 • STATE OF MINNESOTA ) COUNTY OF WRIGHT ) ss CITY OF OTSEGO ) I, the undersigned, being the duly qualified and acting Clerk of the City of Otsego, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated insofar as such minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated insofar as such minutes relate to the ordering and directing preparation of final plans and specifications of Project No. 06 -01, Queens • Avenue NE Improvements of 2006 in said City. WITNESS my hand and the seal of said City this 28th day of August, 2006. City Clerk (SEAL) 1932601v1 3 ITEM 10_1B EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA HELD: August 28, 2006 Pursuant to due call, a regular meeting of the City Council of the City of Otsego, Wright County, Minnesota, was duly held at the City Hall on August 28, 2006, at 6:30 P.M, for the purpose, in part, of considering proposals and awarding the sale of $8,875,000 General Obligation Water and Sewer Revenue Bonds, Series 2006A. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION 2006 -65 $8,875,000 GENERAL RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $8, OBLIGATION WATER AND SEWER REVENUE BONDS, SERIES 2006A AND PLEDGING FOR THE SECURITY THEREOF NET REVENUES A. WHEREAS, the City of Otsego, Minnesota (the "City") owns and operates a municipal water and sewer system as a combined revenue producing public utility (the "System ") and there are outstanding $11,370,000 original principal amount of General Obligation Water and Sewer Revenue Bonds, Series 2003B, dated June 1, 2003 (the "Outstanding Water and Sewer Bonds ") and $10,855,000 original principal amount of General Obligation Sewer Revenue Bonds, Series 2005A, dated May 1, 2005 (theOutstanding Sewer Bondrand together with the Outstanding Water and Sewer Bonds, the "Outstanding Bonds) of the City which are payable from the net revenues of the System; and B. WHEREAS, the City Council has heretofore determined and declared that it is necessary and expedient to issue $8,875,000 General Obligation Water and Sewer Revenue Bonds, Series 2006A (the "Bonds" or individually, a "Bond "), pursuant to Minnesota Statutes, Chapters 444 and 475 to finance System improvements, specifically the water and sewer improvements in the southeast portion of the City (the "Project "); and C. WHEREAS, the City has retained Northland Securities, Inc., in Minneapolis, Minnesota ("Northland "), as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Northland; and D. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the Administrator, or designee, at the offices of Northland, at 1:00 P.M. this same day pursuant to the Notice of Sale established for the Bonds; and E. WHEREAS, it is in the best interests of the City that the Bonds be issued in book entry form as hereinafter provided; and 1933023v1 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Otsego, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of (the "Purchaser "), to purchase the Bonds in accordance with the Notice of Sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The Administrator is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders any good faith checks or drafts. 2. Bond Terms. (a) Title: Original Issue Date: Denominations: Maturities. The Bonds shall be dated September 1, 2006, as the date of original issue and shall be issued forthwith on or after such date in fully registered form. The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations "). The Bonds shall mature on December 1 in the years and amounts • as follows: Year Amount Year Amount 2007 2017 2008 2018 2009 2019 2010 2020 2011 2021 2012 2022 2013 2023 2014 2024 • 2015 2025 2016 2026 All dates are inclusive. As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the " Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period "), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized 1933023vI 2 Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO, as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee "). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant ") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner "). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder "). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus Proxy (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of • redemption and other matters with respect to the Bonds, for the purpose of { obtaining any consent or other action to be taken by Holders for the ver• purpose registering transfers with respect to such Bonds, and for all purpo of and The Bond Registrar, as paying agent hereunder, shall pay principal premium, if any, and interest on the Bonds only to the Holder or s tHolders a f t Bonds as shown on the bond register, and all such payments effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. 1933023v1 3 (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations "). • (vii) All transfers of beneficial ownership interests in each Bond issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the • Holders pursuant to this Resolution by the City or Bond Registrar with c respect de any consent or other action to be taken su Holders, se � or Depository action as the record the date of receipt of notice requesting date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case partial prepayment e of a artial of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book -Entry Only System. Discontinuance of a particular follows: Depository's services and termination of the book -entry only system may be effected as } (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. 4 1933023v1 (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. • (iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Bonds shall provide funds to finance the Project. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Project shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date "), commencing June 1, 2007, calculated on the basis of 'a 360 -day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate Maturity Year Interest Rate 2007 2017 2008 2018 2009 2019 2010 2020 2011 2021 2012 2022 2013 2023 2014 2024 2015 2025 2016 2026 1933023v1 5 • 5. Redemption. All Bonds maturing on December 1, 2013, and thereafter, shall be subject to redemption and prepayment at the option of the City on December 1, 2012, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such. Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. Northland Trust Services, Inc., in Minneapolis, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of } Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 1933023v1 6 UNITED STATES OF AMERICA STATE OF MINNESOTA WRIGHT COUNTY CITY OF OTSEGO R GENERAL OBLIGATION WATER AND SEWER. REVENUE BOND, SERIES 2006A Interest Rate Maturity Date Date of Original Issue CUSIP December 1, September 1, 2006 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Otsego, Wright County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay ote thereon , n se on June 1 and December 1 of each year (each, Payment Date"), commencing June 1, 2007, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the office of Northland Trust Services, Inc., in Minneapolis, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money oldie United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this 1933023v1 Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Redemption. All Bonds of this issue (the "Bonds ") maturing on December 1, 2013, and thereafter, are subject to redemption and prepayment at the option of the Issuer on December 1, 2012, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption' of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. e ms' Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $8,875,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on August 28, 2006 (the "Resolution "), for the purpose of providing money to finance improvements to the municipal water and sewer system (the "System ") within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Water and Sewer Revenue Bonds, Series 2006A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange: Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the 1933023v1 8 principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided the the Resolution and to reasonable regulations of the Issuer contained in any agreement Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Not Qualified Tax - Exempt Obligations. The Bonds have not been designated by the Issuer as "qualified tax- exempt obligations" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law; that the Issuer has covenanted and agreed with the Holders of the Bonds that it will impose and collect charges for the service, use and availability of the System at the times and in amounts necessary to produce net revenues, together with other sums pledged to the payment of the Bonds, adequate to ci al and interest when due on the Bonds; and that the Issuer will levy a direct, annual, all l, irrepealable ad valorem tax upon Prin P n all of the taxable property of the Issuer, without limitation as to rate or amount, for the years and in amounts sufficient to pay the principal and interest on the Bonds of this issue as they respectively become due, if the net revenues from the System, and any other sums irrevocably appropriated to the Debt Service Account are insufficient therefor; and that this Bond, together with all other debts of the Issuer outstanding on • 1933023v1 9 the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Otsego, Wright County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its • Mayor and its Administrator, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: NORTHLAND TRUST SERVICES, INC. Payable at: NORTHLAND TRUST SERVICES, INC. • BOND REGISTRAR'S CITY OF OTSEGO, CERTIFICATE OF WRIGHT COUNTY, MINNESOTA AUTHENTICATION /s/ Facsimile • This Bond is one of the Mayor Bonds described in the Resolution mentioned within. /s/ Facsimile Administrator NORTHLAND TRUST SERVICES, INC., Minneapolis, Minnesota Bond Registrar By: Authorized Signature • 1933023v1 10 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform (Stift) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad- 15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account) 1933023v1 11 PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: AUTHORIZED SIGNATURE DATE AMOUNT OF HOLDER • 1933023v1 12 8. Execution; Temporary Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and Administrator and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Administrator. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is September 1, 2006. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor, provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever 1933023v1 13 any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. • Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Administrator is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder ") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 1933023v1 14 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Administrator to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. For the convenience and proper administration of the moneys to be borrowed and repaid on the Bonds, and to make adequate and specific security to the Purchaser and holders from time to time of the Bonds, there is hereby created a special fund to be designated the "General Obligation Water and Sewer Revenue Bonds, Series 2006A Fund" ( the " Fund ") to be administered and maintained by the Administrator as a bookkeeping separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds herein authorized and the interest thereon shall have been fully paid. The Operation and Maintenance Account (the "Operation and Maintenance Account ") heretofore established by the City shall continue to be maintained in the manner heretofore provided by the City. All moneys remaining after paying or providing for the items set forth in the resolution establishing the Operation and Maintenance Account shall constitute and are referred to as "net revenues" until the Bonds and the Outstanding Bonds have been paid. There shall be maintained in the Fund the following separate accounts to which shall be credited and debited all net revenues of the System as hereinafter set forth. The Administrator and all officials and employees concerned therewith shall establish and maintain financial records of the receipts and disbursements of the System in accordance with this resolution. In such records there shall be established and maintained accounts of the Fund for the purposes as follows: (a) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon and less any amount paid for the Bonds in excess of the minimum bid. From the Construction Account there shall be paid all costs and expenses of the Project, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. Any balance remaining in the Construction Account after completion of the Project shall be transferred to the Debt Service Account. (b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (1) the net revenues of the System not otherwise pledged and applied to the payment of other obligations of the City, in an amount, together with other funds which may herein or hereafter from time to time be irrevocably appropriated to the account sufficient to meet the requirements of Minnesota Statutes, Section 475.61 for the payment of the principal and interest of the Bonds; (2) all accrued interest received upon delivery of the Bonds; (3) any amount paid for the Bonds in excess of the minimum bid; (4) any collections of all taxes which may hereafter be levied in the event that the net revenues and other funds herein pledged to the payment of the principal and interest on the Bonds are insufficient therefor, (5) all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof; (6) all investment eamings on funds held in the Debt Service Account; and (7) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The amount of any surplus remaining in the Debt Service Account when the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. 1933023v1 15 No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code "). 16. Coverage Test: Pledge of Net Revenues and Excess Net Revenues. It is hereby found, determined and declared that the net revenues of the System are sufficient in amount to pay when due, together with the other sums pledged to the payment of the Outstanding Bonds, one hundred five percent of the principal of and interest on the Bonds and the Outstanding Bonds, and the net revenues of the System are hereby pledged on a parity lien with the Outstanding Bonds to the payment of the Bonds, when due, and the net revenues of the System are hereby pledged to the payment of the Bonds, but solely to the extent required to meet, with other pledged sources, one hundred five percent of the principal and interest requirements of the Bonds as the same become due. Excess net revenues may be used for any proper purpose. Nothing contained herein shall be deemed to preclude the City from making further pledges and appropriations of the net revenues of the System for the payment of other or additional obligations of the City, provided that it has first been determined by the City Council that estimated net revenues of the System will be sufficient, in addition to all other sources, for the payment of the Bonds and such additional obligations, and any such pledge and appropriation of net revenues may be made superior or subordinate to, or on a parity with, the pledge and appropriation herein. 17. Covenant to Maintain Rates and Charges. In accordance with Minnesota Statutes, Section 444.075, the City hereby covenants and agrees with the Holders of the Bonds that it will impose and collect charges for the service, use, availability and connection to the System at the times and in the amounts required to produce net revenues adequate to pay all principal and interest when due on the Bonds and the Outstanding Bonds. 18. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are irrevocably pledged. If the net revenues of the System appropriated and pledged to the payment of principal and interest on the Bonds, together with other funds irrevocably appropriated to the Debt Service Account shall at any time be insufficient to pay such principal and interest when due, the City covenants and agrees to levy, without limitation as to rate or amount an ad valorem tax upon all taxable property in the City 1933023v1 16 sufficient to pay such principal and interest as it becomes due. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds payable therefrom, the deficiency shall be promptly paid out of any other accounts of the City which are available for such purpose, and such other funds may be reimbursed without interest from the Debt Service Account when a sufficient balance is available therein. 19. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 20. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150 -2 (the "Reimbursement Regulations ") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project "); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, 1933023v1 17 surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150- 2(dX3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax - exempt status of the Bonds. 21. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2 -12 (the "Rule "), promulgated by the Securities and Exchange Commission (the "Commission ") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking ") hereinafter described to: (a) Provide or cause to be provided to each nationally recognized municipal securities information repository ( NRMSIR) and to the appropriate state information depository ( "SID"), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ( "MSRB ") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. (c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. 1933023v1 18 The Mayor and Administrator of the City, or any other officer of the City authorized to act in their place (the "Officers ") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 22. Certificate of Registration. The Administrator is hereby directed to file a certified copy of this resolution with the County Auditor of Wright County, Minnesota, together with such other information as the County Auditor shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register. 23. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of die City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 24. Negative Covenant as to Use of Bond Proceeds and Proiect. The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or pernnit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 25. Tax - Exempt Status of the Bonds: Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (a) requirements relating to temporary periods for investments, (b) limitations on amounts invested at a yield greater than the yield on the Bonds, and (c) the rebate of excess investment earnings to the United States. The City expects to satisfy the 24 -month expenditure exemption for gross proceeds of the Bonds as provided in Section 1.148- 7(d)(1) of the Regulations. The Mayor and or Administrator are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 26. No Designation of Qualified Tax - Exempt Obligations. The Bonds have not been designated as" qualified tax- exempt obligations' within the meaning of Section 265(bX3) of the Code. 27. Official Statement. The Official Statement relating to the Bonds prepared and distributed by Northland is hereby approved and the officers of the City are authorized in connection with the delivery of the Bonds to sign such certificates as may be necessary with respect to the completeness and accuracy of the Official Statement. 1933023v1 19 28. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to the Bond Registrar on the closing date for further distribution as directed by Northland. 29. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 30. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. • Mayor Larry Fournier Judy Hudson, Clerk 1933023v1 20 STATE OF MINNESOTA COUNTY OF WRIGHT CITY OF OTSEGO I, the undersigned, being the duly qualified Administrator of the City of Otsego, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of the City, duly called and held on the date therein indicated, insofar as such minutes relate to considering proposals and awarding the sale of $8,875,000 General Obligation Water and Sewer Revenue Bonds, Series 2006A. WITNESS my hand on August , 2006. Administrator 1933023v1 21 EXHIBIT A Proposals [to be supplied by Northland] 1933023v1 A -1 ITEM 10_1C EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA HELD: AUGUST 28, 2006 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Otsego, Wright County, Minnesota, was duly called and held at the City Hall on August 28, 2006, at 6:30 P.M., for the purpose, in part, of considering proposals and awarding the sale of $5,985,000 General Obligation Improvement Bonds, Series 2006B of the City. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION NO. 200 6 - 6 4 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $5,985,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2006B LEVYING A TAX FOR THE PAYMENT THEREOF AND PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS A. WHEREAS, the City Council of the City of Otsego, Minnesota (the "City"), has heretofore determined and declared that it is necessary and expedient to issue $5,985,000 General Obligation Improvement Bonds, Series 2006B (the "Bonds" or individually, a "Bond "), pursuant to Minnesota Statutes, Chapters 429 and 475, to finance various public improvements within the City's Queens Avenue and CSAH 42 projects (the "Improvements "); and B. WHEREAS, the Improvements and all their components have been ordered as of the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and C. WHEREAS, the City has retained Northland Securities, Inc., in Minneapolis, Minnesota ( "Northland "), as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9), and proposals to purchase the Bonds have been solicited by Northland; and D. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the City Administrator, or designee, at the offices of Northland, at 1:30 P.M. this same day pursuant to the Official Terms of Bond Sale established for the Bonds; and 1933794v1 E. WHEREAS, it is in the best interests of the City that the Bonds be issued in book - entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Otsego, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of (the "Purchaser "), to purchase the Bonds, in accordance with the Notice of Sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to said proposal maker. The City Administrator is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders their good faith checks or drafts. 2. Bond Terms. (a) Title; Original Issue Date: Denominations: Maturities: Term Bond Option. The Bonds shall be titled "General Obligation Improvement Bonds, Series 2006B ", shall be dated September 1, 2006, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R -1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations "). The Bonds shall mature on February 1 in the years and amounts as follows: Year Amount Interest Rate Year Amount Interest Rate 2009 $ % 2019 $ 2010 2020 2011 2021 2012 2022 2013 2023 2014 2024 2015 2025 • 2016 2026 2017 2027 2018 2028 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder ( the "Depository") will act as securities depository for the Bonds, and to this end: 2 1933794v1 (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period "), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee "). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant ") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner "). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder "). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and . premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as ( paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. 3 1933794v1 (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations "). (vii) All transfers of beneficial ownership interests in each Bond issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5 hereof, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book -Entry Only System. Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. 4 1933794v1 (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 11 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10 hereof. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Bonds shall provide funds to finance the Improvements. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing August 1, 2007, calculated on the basis of a 360 -day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate Maturity Year Interest Rate 2009 % 2019 2010 2020 2011 2021 2012 2022 2013 2023 2014 2024 2015 2025 2016 2026 2017 2027 2018 2028 5 1933794v1 5. Redemption. All Bonds maturing on February 1, 2015 and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2014, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The . Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. Northland Trust Services, Inc., in Minneapolis, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar "), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or { record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 6 1933794v1 UNITED STATES OF AMERICA STATE OF MINNESOTA WRIGHT COUNTY • CITY OF OTSEGO R GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2006B INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP • FEBRUARY 1, 20_ SEPTEMBER 1, 2006 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS THE CITY OF OTSEGO, WRIGHT COUNTY, MINNESOTA (the "Issuer "), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing August 1, 2007, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of Northland Trust Services, Inc., in Minneapolis, Minnesota (the "Bond Registrar "), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder ") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the first day of the calendar month of such Interest Payment Date (the "Regular Record Date "). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America.. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of 7 1933794v1 the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Redemption. All Bonds of this issue (the "Bonds ") maturing on February 1, 2015 and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2014, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall • cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $5,985,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on August 28, 2006 (the "Resolution "), for the purpose of providing money to finance the construction of various improvements within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Improvement Bonds, Series 2006B Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully 8 1933794v1 • registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Not Qualified Tax - Exempt Obligations. This Bond has not been designated by the Issuer as a "qualified tax- exempt obligation" for purposes of Section 265(bX3) of the Internal Revenue Code of 1986, as amended. . IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Otsego, Wright County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Administrator, the corporate seal of the Issuer having been intentionally omitted as permitted by law. 9 1933794v1 Date of Registration: Registrable by: NORTHLAND TRUST SERVICES, INC. Payable at: NORTHLAND TRUST SERVICES, INC. BOND REGISTRAR'S CITY OF OTSEGO, CERIIHCATE OF WRIGHT COUNTY, MINNESOTA AUTHENTICATION This Bond is one of the /s/ Facsimile Bonds described in the Mayor Resolution mentioned within. NORTHLAND TRUST SERVICES, INC. /s/ Facsimile Minneapolis, Minnesota Administrator Bond Registrar By Authorized Signature 1 1 1 1 10 1933794v1 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform • (State) • Transfers to Minors Act Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: • Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad- 15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 11 1933794vI PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: AUTHORIZED SIGNATURE DATE AMOUNT OF HOLDER • • 12 1933794v1 8. Execution; Temporary Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and Administrator and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Administrator. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an • authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is September 1, 2006. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor, provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever 13 19337941 any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Administrator is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payments and Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder ") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the first (1st) day of the calendar month of such Interest Payment Date (the "Regular Record Date "). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular • Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14 1933794v1 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Administrator to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Improvement Bonds, Series 2006B Fund" (the "Fund ") to be administered and maintained by the Administrator as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund separate accounts, to be designated the "Construction Account" and "Debt Service Account ", respectively. (a) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less accrued and capitalized interest received thereon, and less any amount paid for the Bonds in excess of the minimum bid, plus any special assessments levied with respect to the Improvements and collected prior to completion of the Improvements and payment of the costs thereof From the Construction Account there shall be paid all costs and expenses of making the Improvements listed in paragraph 16, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes or special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Construction Account, the balance (other than any special assessments) may be transferred by the Council to the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Construction Account shall only be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Account and not already spent as permitted above and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof, (ii) all accrued interest received upon delivery of the Bonds; (iii) capitalized interest in the amount of $ (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before 1, 200J; (iv) all funds paid for the Bonds in excess of the minimum bid; (v) any collections of all taxes herein or hereafter levied for the payment of the Bond and interest thereon; (vi) all funds remaining in the Construction Account after completion of the Improvements and payment of the costs thereof f not so transferred to the account of another improvement; (vii) all investment earnings on funds held in the Debt Service Account; and (viii) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. 15 1933794v1 The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (i) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (ii) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then - applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code "). 16. Assessments. It is hereby determined that no less than twenty percent of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefitted by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the City Council or any of the City officers or employees, either in the making of . the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The special assessments have not heretofore been authorized, and accordingly for purposes of Minnesota Statutes, Section 475.55, Subdivision 3, the special assessments are hereby authorized. Subject to such adjustments as are required by the conditions in existence at the time the assessments are levied, it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at a rate per annum not greater than the maximum permitted by law and not less than the rate per annum set forth opposite the collection years specified below: 16 1933794v1 Improvement Collection Designation Amount Levy Years Years Rate (See attached) At the time the assessments are in fact levied the City Council shall, based on the then - current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. 17. Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Levy Year of Tax Collection Amount SEE ATTACHED SCHEDULE The tax levies are such that if collected in full they, together with estimated collections of special assessments and other revenues herein pledged for the payment of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 18. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 17 1933794v1 19. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150 -2 (the "Reimbursement Regulations ") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure "). The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration ") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project "); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150-2(dX3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for • each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax- exempt status of the Bonds. 20. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2 -12 the "Rule "), promulgated by the Securities and Exchange Commission (the "Commission ") pursuant to the 18 1933794v1 Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking ") hereinafter described to: (a) Provide or cause to be provided to each nationally recognized municipal securities information repository ( "NRMSIR ") and to the appropriate state information depository ( "SID "), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ( "MSRB ") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. • (c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Administrator of the City, or any other officer of the City authorized to act in their place with "Officers" are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 21. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 22. Certificate of Registration. The Administrator is hereby directed to file a certified copy of this resolution with the County Auditor of Wright County, Minnesota, together with such other information as such County Auditor shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register and that the tax levy required by law has been made. 23. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates 19 1933794v1 and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 24. Negative Covenant as to Use of Proceeds and Improvements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 25. Tax - Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (a) requirements relating to temporary periods for investments, (b) limitations on amounts invested at a yield greater than the yield on the Bonds, and (c) the rebate of excess investment earnings to the United States. The City expects to satisfy the 24 -month expenditure exemption for gross proceeds of the Bonds as provided in Section 1.148- 7(d)(1) of the Regulations. The Mayor and or Administrator are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 26. No Designation of Qualified Tax - Exempt Obligations. The Bonds have not been designated as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Code. 27. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to the Bond Registrar on the closing date for further distribution as directed by the Purchaser. 28. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 29. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. Mayor Larry Fournier Judy Hudson, Clerk 20 1933794v1 STATE OF MINNESOTA COUNTY OF WRIGHT CITY OF OTSEGO I, the undersigned, being the duly qualified and acting Administrator of the City of Otsego, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to considering proposals' and awarding the sale of $5,985,000 General Obligation Improvement Bonds, Series 2006B. WITNESS my hand on August 28, 2006. Administrator 21 1933794v1 EXHIBIT A PROPOSALS [To be supplied by Northland Securities, Inc.] A -1 1933794v1 08/18/2006 11:22 763 -497 -2599 COURIMACARTHURRUPPE PAGE 03/09 Rug 14 2006 22:57 GROTH LAW FIRM, LTD. 6129496210 p•2 ITEIM 70_3 • • CITY OF OTSEGO • COUNTY OF WRIGHT • STATE OF MINNESOTA AG BETWEEN THE CITY OF OTSEGO AND KEVIN LEFEBVRE, AND • A LEFEBVRE RELATIVE TO CERTAIN PROPERTY FRONTING CSAH 42 AVENUE) AND 85 STREET WITHIN THE CITY OF OTSEGO • 1 , THIS AGREEMENT entered into this day of August, 2006 between the City of Otsego ("City") a raucipal corporation under the laws of the State of Minnesota and Kevin LeFebvre and Benito Webvre ( "Owner'). WHEREAS, Owners hold title to approxi mately forty (40) acres of real estate in the Comity of Wright, Stabs °4 f Minnesota, described in the attached Exhibit A ("the "Property"); and ' i WHEREAS,: 'construction has commenced on improvements to CSAH 42, which abuts the Property; and WHEREAS,!; Owners have executed a Right of Entry and Right to Construct allowing the City to proceed with construction so that the Agreements contained in this document can be finalized; and the City requires certain Road, Utility, and Temporary Construction Easements on the Property Ip improve CSAH 42; and WHEREAS, !he City and Owners have discussed the terms of obtaining said easements; and WHKREAS, the City and Oers have agreed to certain monetary compensation for said easements; and WHERNA$, the City also desires to purchase from Owners a two acre tract of the described Property for future use as a fire station; and 08/18/2006 11:22 763 -497 -2599 COURIMACARTHURRUPPE PAGE 04/09 Rug 14 2006 22:57 GROTH LAW FIRM, LTD. 6123496210 P• • • WHEREAS, :in addition to monetary compensation, the parties have agreed to additional temps and conditioap in exchange for said easements. NOW T FORE, IT IS AGREED R E7'WEEN the patties as follows: L The City agrees to assess the westerly 1/3 of the Property as shown in attached Exhibit A, at an ascent factor in accordance with other properties to be assessed which are not guided for commercial use. The affect of the assesatnent ` will result in the total assessment on the Property for improvements to CSAH 42, to be in an amount not to exceed x450, 000.00. Owners agree that their Property i8 benefited to at least this amount by improvements to CSAH 42 and hereby waive any hearing, any irregularity in proceedings and right of appeal under Minn. Stat. 429.081 or otherwise to the assessment up to the amount stated in this Ageement 2. Owners will convey to the City an approximately two acre tract of usable land as 'roughly depicted in Exhibit B, for the pmpoees of the City building a fire station for 5375, 000.00. Said conveyance shall be subject to Owners providing marble title by warranty deed and subject to conditions as set forth in a :standard Purchase Agreement for vacant land, including testing by the City for 'hazardous . material, at its expense. The City will provide the Purchase Agreement, and pay the costs of the sale. 3. The City will not commence construction on the two acre tract until the Owners' property sturouoding the two acre tract is developed, or within three (3) years after the signing of this Agreement, whichever comes first. In the event the City ;determines not to construct a fire station upon the tract, the Owners shall have a mat of first refusal to re -equine the tract at the then fair market price. 4. '+ will convey the temporary construction easements and permanent roadway and utility easements as set forth in the attached Exhibit C to the City for . • additional compensation of 5140,000.00. Upon receipt of the fends, Ownera will execute the easements and convey them to the City. The $140,000.00 is agreed to as full and complete compensation for said easements and Owners will waive any Clan of any nanny for additional compensation through condemnation, inverse condemnation or otherwise. 5. The City agrees to initiate and diligently pursue a Comprehensive Plan Amendment to adjust the boundary between residential and oomtaercial ores ritlin the Property to con6arm with attached Exhibit D. If for any reason, the itdjustmeat of the boundary for residential and commercial uses as shown in Exhibit D fails, or is not accommplisbed, then the assessment to the Owners described in paragraph 1 above, shall be reduced by $55,000.00. 2 08/18/2006 11:22 763 - 497 -2599 COURIMACARTHURRUPPE PAGE 05109 Rug 14 2006 22:57 GROTH LAW FIRM, LTD. 6123496210 p - 6. ' The terms of this agreement shall be assignable, with the written consent of the City, which consent will not be unreasonably withheld. 7 . The parties agree to cooperate with each other in the execution of any documents and/or further agreements necessary to effectuate the terms and conditions of this Agreement. 8. This Agreement is the fall, final, and complete understanding between the parties and supersedes any plevlous Agreement or representations either oral or in writing. • AGREED this day of August, 2006, by and between the City of Otsego and Keviia LeFebvre and Bit LeFebvre. • KM YIN LBVRE • • BENITA LEFEBVRE CITY 01? OT$EGO: Lacy Fournier Mayor • • Judy Hudson, City Clerk • • • • 3 PAGE 06/09 COURIMACARTHURRUPPE 08/18/2006 11:22 763-497-2599 p . 5 6123496210 GROTH L1161 FIRM, LTD. Rug 14 2006 22:57 ..._..„, .... . ,-. ... . - .................. ...................-...... . • • (1 2 5 . • : • OK OF . 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ITEM 10_2 DRAFT- August 22, 2006 • DEVELOPMENT AGREEMENT GATEWAY NORTH THIS AGREEMENT, entered into this _ day of , 2006, by and between DUKE REALTY LIMITED PARTNERSHIP a Limited Partnership under the laws of the State of Indiana, Developer, hereinafter referred to as "Developer," and the CITY OF OTSEGO , a Minnesota municipal corporation located in Wright County, hereinafter referred to as "City." RECITALS: WHEREAS, Developer is the fee owner of a parcel or parcels of land described in Exhibit "A" attached hereto and incorporated herein by reference, which parcel of land measuring approximately 157.68 acres is proposed for development as a subdivision and a Planned Unit Development ( "PUD ") for 109.71 acres of the property being rezoned as I -2 District with a Planned Unit Development including eight (8) lots as well as the dedication of right of way for construction of an extension of Queens Avenue in the City, and which subdivision is intended to bear the name GATEWAY NORTH and may sometimes hereinafter be referred to as the "Subject Property" or the "Plat," and WHEREAS, on June 12, 2006 the City has rezoned portions of the Subject Property to I -2, General Industrial District with a Planned Unit Development Conditional Use Permit; and WHEREAS, on June 12, 2006 the City approved the Planned Unit Development ( "PUD ") for the plat GATEWAY NORTH; and WHEREAS, on June 12, 2006 the City approved the Development Stage Plan Preliminary Plat and Site and Building Plans for the Subject Property; and WHEREAS, on June 12, 2006 the City approved a Preliminary and Final Plat of GATEWAY NORTH, subject to certain conditions; and NOW THEREFORE, in consideration of the promises and mutual promises hereinafter contained, it is agreed between the parties as follows: 1. Conditions of Plat Approval. The City hereby approves the Plat on condition that the Developer enters into this Agreement, furnish the security required by it, and record the Plat with the Wright County Recorder or Registrar of Titles within one hundred (100) days after the Agreement is fully executed by both parties and all required security has been posted with the City. 2. Right to Proceed. Within the Plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this Agreement has been fully executed by both parties and filed with the Zoning Administrator, and all conditions contained in this Agreement have been met, 2) the necessary security required to be provided by Developer pursuant to this Agreement has been received by the City, 3) the Plat has been recorded with • • the Wright County Recorder's Office, 4) Developer has initiated and attended a pre - construction meeting with the City Engineer, and 5) the Zoning Administrator has issued a letter that all conditions to be satisfied by Developer prior to grading have been satisfied and that the Developer may proceed; or until such time as approval to commence earlier construction is specifically approved by the City, and Developer has fully complied with all conditions set forth by City staff. Notwithstanding the above, Developer may proceed with preliminary grading in accordance with an approved grading plan or preliminary utility work in accordance with approved grading and utility plans pursuant to a separate agreement with the City and posting of appropriate security. 3. Changes in Official Controls. For ten (10) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except changes in permit and processing fees or charges, shall apply to or affect the use, development density, lot size, setbacks, 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. 2 4. Development Plans. The approval granted by the City requires that the Plat be developed in accordance with the plans attached to this Agreement and the conditions stated below (hereinafter "Development Plans "). If the Development Plans vary from the written terms of this Agreement, the Development Plans shall control. The Development Plans are: Plan A Final Plat, GATEWAY NORTH, dated , 2006 prepared by Schoell Madson. Plan B Grading, Drainage, Erosion Control Plan, dated 2006, prepared by Schoell Madson and as finally approved by the City Engineer. Plan C Storm Water Pollution Prevention Plan, dated , 2006, prepared by Schoell Mason and as finally approved by the City Engineer. 5. Municipal Improvements. A. Petition for Improvements (Petition Items). Developer represents that it owns 100% of the Subject Property to be assessed for its agreed upon share of the assessment for the following improvements: City of Otsego Improvement Project No. 2006 -01, including road improvements by construction of a portion of Queens Avenue from 70 Street NE southward to 60 Street NE including construction of roadway, turn lanes, curb and gutter, trail, asphalt, street lights, landscaping, sanitary sewer, water lines and storm sewer drainage improvements and turn lanes on County Highway 37 as described therein (hereinafter "Petition Items "). The Subject Property represents more than 35% of the total project area to be assessed for the project and Developer herein petitions the City to proceed with the Petition Items. B. Waiver. Developer agrees to be assessed for said improvements in an amount not to exceed 10% above the Engineer's estimate for Developer's fair share of the assessment (20% of the Petition Items plus proportionate share right of way costs, but excluding the cost of Petition Items for the sanitary sewer, water lines located beneath Queens Avenue from 70 Street Southward to 60 Street NE for which Developer pays one hundred percent of such cost) or 3 $530,000.00. The 20% share of Petition Items only applies to those portions of the Plat which are to developed as Industrial (designated as Outlot F). Developer waives any and all right to appeal the assessment, and waives any irregularities in procedure as well as any required hearings up to the amount set forth above. The waiver includes any appeal right provided for under statute, case law or Constitution. Developer retains only the right to appeal the assessment if it exceeds the amount waived, but only any amount above the waiver. With regards to areas of the Plat which are ultimately developed as residential or other than commercial ( Outlot D), the then owner of such property shall pay an assessment or other charge based upon assessments or charges to other similarly situated residential properties benefited by the roadway portions of the Project. Any residential development of Outlot D shall require appropriate re- zoning, platting and a separate Developer's Agreement. C. Petition Items. The City shall construct as part of its City Improvement Project No. 2006 - 01 all of the Petition Items shown on Exhibit B attached hereto, pursuant to the Public Improvement Plans for City Improvement Project No. 2006 - 01 utilizing its regular methods of making public improvements, subject only to additional requirements as set forth in Paragraph 29. The City shall make its best faith efforts to complete the water main, sanitary sewer and street work to service Developer's Building 1 by December 31, 2006 and the remaining Petition Items on or before December 31, 2007. Developer agrees that special assessments for such Petition Items (the "Assessments ") may be levied by the City, without Developer's objection or appeal, after construction is commenced in accordance with Chapter 429 of Minnesota Statutes and that and that the City may recover its costs and expenses including legal, project management, administrative and engineering), provided said special assessments shall be levied in the amount or lesser amount of the respective cost of such Assessments. The Assessments shall be payable in equal principal and interest installments as determined by the City over a period of 1_years, computing said interest pursuant to City standard policies except that the interest rate shall be no more than 1% above the bond rate for bonds issued for the Project with the first installment coming due commensurate with the 2007 assessment for 2008 payable real estate taxes and Assessments. 4 6. Payment for Petition Items. The Developer agrees, in accordance with the terms of this Agreement, to pay for the Petition Items in the manner set forth herein. A. Payment through Assessment. Developer agrees that it shall pay or cause to be paid through assessment as set forth above 20% of the total road costs estimated to be at least $530,000.00 but adjusted to actual final cost upon completion of the City Project. In order to secure said assessment Developer shall post with the City a Letter of Credit in the amount of $530,000.00. Said Letter of Credit shall remain in place in order to insure payment of the Assessment until such time as the first tenant Certificate of Occupancy is issued for Building No. 1. Upon issuance of that Certificate of Occupancy and payment of one year's portion of the assessment for the Plat, Developer shall be released from the Letter of Credit requirement. B. Payment in Cash of a Portion of the Petition Items. A portion of the Petition items (specifically the sanitary sewer and watermain and lines located beneath Queens Avenue from 70 Street southward to 60 Street NE) is Developer's obligation and would normally be improvements completed by Developer. Since they are included in the Petition Items Developer shall pay for these improvements at the time that this Agreement is executed. The estimated payment for these items is $826,693.00, which includes a proportionate share of the related engineering and other expenses. Developer is provided with two credits against this amount. The first credit is for grading work to the roadway bed of theproposed Oueens Avenue and is in the amount of $150,000.00. The second credit is for the conveyance of Outlot to the City for purposes of construction of a City water tower and is in the amount of $100,000.00. Thus, Developer's total cash obligation to the City for these items is $576,693.00. C. Developer Obligation for Grading Improvements. Developer is obligated to provide security for Grading Improvements through a Letter of Credit in the amount of $329,000.00. Developer has already fulfilled this obligation. That Developer herein agrees that it will actually pay (or cause to be paid) sufficient amounts of it's agreed upon share of said Assessments each year, if not already paid in prior years, for industrial guided properties lying within the plat of the Subject Property (Outlot F), except all properties within Outlots A, C, D and E and all outlots dedicated for drainage and utility purposes, 5 to enable City to pay the required debt service payment when due. To determine the actual amount, as opposed to the estimated amount, to be paid by the parties, the principal amounts shall be added to the interest amounts, for the subject improvement project, as shown on the tax statements for lots lying within the Subject Property (Outlot F) less credit for prepayments made therefor. The Developer shall post an irrevocable "Letter of Credit" in the amount of 100% of it's share of the Assessment.. The Letter of Credit shall be subject to release in accordance with the "Surety Reduction and Relative Release" provision set forth in paragraph 7(D) below, as well as in accordance with the provisions of Paragraph 6 (a).. a. If there is a default in payment of any installment of any of the Assessments on the Developer's parcel (Outlot F), the City may give written notice of default to the Developer, and if the delinquent installment (including penalties and interest) is not paid within 30 days after the notice, the City may draw upon the defaulting party's surety so that City's cash flow will be unaffected by said improvement project. (DELETE B) b. Assignment and/or Transfer of Assessments and Surety Obligations. The Assessments levied for City Project No. 2006 -01 or any other City project previously levied, or to be levied as a part of activating previously deferred assessments, if any, against the Subject Property, or portion thereof, shall run with the Subject Property and be assumed by the new • purchaser of the Subject Property, or portion thereof, upon the sale or transfer of any fee ownership interest in the Subject Property. Developer, unless the new purchaser has submitted its own sureties as allowed, however, shall maintain the sureties required under Section 7 hereof for the purpose of guaranteeing City cash flow in the event • the Assessments are not timely paid. At such time as a lot has been developed with a building or buildings to which a Tenant Certificate of Occupancy has been issued, or one year's installment of pro -rated assessments for the Plat has been paid in full, Developer, (or in the case of a new Developer), shall be released for that lot, from the security requirement in Section 7 hereof. Said release shall be 6 made pursuant to Section 7(D) hereof. If only a portion of the Subject Property subject to said Assessments is transferred, the new purchaser may assume the special assessments attributable only to that portion which is being sold or transferred subject to Developer maintaining the surety required in Section 7 of this Agreement until such time as a building is constructed thereon and the Tenant Certificate of Occupancy issued therefor or the surety is released as provided in Section 7(D) of this Agreement. In the event the Developer wishes to convey a lot(s) which are subject to Assessments and to receive certification that the assessments therefor have been fully paid, prior to completion of City Project No. 2006 -01 and the assessment therefor, said party shall provide City a cash surety deposit in amount equal to one hundred percent (100 %) of the estimated Assessments for lots or the lots that the party seeks to convey. The said surety deposit made by the Developer for the Petition Items shall be retained in full until the final project costs and results of said assessments are determined. The City, upon receipt of said payment for a particular lot or lots shall then, upon request, certify within any special assessment search relating to said lot(s) that such lot(s) have been fully assessed for said Project, pursuant to this Agreement, and that no further Assessments will be made to said lot(s) for the improvements comprehended or being constructed under Project No. 2006 -01. After determination of the final cost of the project is assessed, the assessment to the extent same is not part of the Assessments, shall be paid out of the said surety deposit and any overage paid by the Developer will be returned; if there should be any shortage in the amount paid, the Developer shall immediately pay the City the difference between the amount previously paid and the amount of the assessments for the particular lot(s). Payment shall be made within thirty (30) days of the billing of the Developer. The City may draw upon any surety deposit made by the Developer if the Developer fails to pay the billed amount within thirty (30) days of said bill. F. Security - Letter of Credit Requirement. The requirement that Developer maintain an ongoing Letter of Credit to insure payments of Special Assessments shall terminate at such time as a Tenant Certificate of 7 Occupancy has been issued for the first Commercial- Industrial building within the Plat. D. Security and Cash Payment. Developer's Internal Improvements and Developer's Obligation for Payment of a Portion of City Constructed Improvements. a. Security — Developer's Internal Improvements. Developer shall construct the following improvements within the Plat: site grading, drainage, erosion and sediment control and wetland protection within the Plat and which are further identified on Exhibit C attached hereto The Developer's Internal Improvements shall be constructed at Developer's sole cost and shall be construcied to City standards and pursuant to plans approved by the City, and where applicable within City right of way or easement. The Developer's Internal Improvements, where applicable, shall pass to City ownership upon acceptance by the City and without further action. Developer shall also construct private improvements, including private streets and sidewalks, within Outlot F of the Subject Property which shall be constructed to City standards. Developer is responsible for ongoing maintenance of all private improvements. To ensure compliance with the terms of this Agreement, and construction of the Internal Grading Improvements and certain City constructed public improvements , the Developer shall furnish the City with "security" in the amount of $ 576,693.00 calculated as follows: Site, grading, drainage, erosion and sediment $ 329,160.00 control and wetland protection Paid by Developer May 5, 2006 -$ 329,160.00 Sanitary Sewer- Lateral and Trunk $ 826,693.00 Watermain- Lateral and Trunk - $ 150,000.00 (Grading Credit) Conveyance of Outlot for Water Tower -$ 100,000.00 8 TOTAL $ 576,693.00 The issuer and form of the letter of credit shall be subject to City approval, which approval shall not be unreasonably withheld. The letter of credit shall be for a term ending September 1, 2007. Upon Developer' s failure to complete the Developer's Internal Improvements within six (6) months of commencing such work, subject to force maieure, the City may, after written notice to Developer and the expiration of a period of thirty days to cure any default (or a longer period as determined by the City) complete the Developer's Internal Improvements and draw down the letter of credit to pay for completion of the Developer's Internal Improvements. It shall be the responsibility of the Developer to inform the City at least thirty (30) days prior to expiration of the security of the impending expiration and the status of the project relative to the security and this Agreement. If, for whatever reason, the security lapses prior to completion of the Developer's Internal Improvements, the Developer shall immediately provide the City with either an extension of the security or an irrevocable letter of credit of the same amount upon notification of the expiration. If the Developer's Internal Improvements are not completed at least thirty (30) days prior to the expiration of the letter of credit and a new letter of credit or extension has not been given to the City, the City may also draw down the letter of credit. If the letter of credit is drawn down the proceeds shall be used to pay for completion of the Developer's Internal Improvements, if not paid by Developer. Any amounts not utilized by the City for completion of Developer's Internal Improvements or to reimburse the City for additional expense incurred will be returned to Developer. Upon receipt of proof satisfactory to the City that the Developer's Internal Improvements have been completed in accordance with the plans for such and financial obligations to the City have been satisfied, with City approval, the security may be reduced from time to time down to $ 32,916.00, or 10% of the security, or to the amount of warranty security, whichever is more. A warranty security in the amount of $ 32,916.00 shall be posted with the City as set forth in Paragraph 28 of this Agreement. Notwithstanding the posting of that warranty security, the security shall not be reduced below ten percent (10 %) of the posted security until all Developer's Internal Improvements have been completed, and 9 all financial obligations to the City satisfied (which includes posting of warranty security). DELETE In addition to the Letter of Credit for Developer's Internal Improvements, Developer shall also deposit with the City $576,693.00 in cash for it's share of the cost of the City construction of sanitary sewer and water lines constructed under Queens Avenue between 70` Street southward to 65 Street NE which are induded within Otsego City Project No. 2006 -01. This letter of credit and cash shall be submitted to the City prior to City execution of this Agreement and the Plat. All administrative and legal fees related to plan review, drafting of the Developer's Agreement and any other necessary items shall be paid to the City prior to execution of the plat and the Development Agreement. The security for this Agreement shall be a Letter of Credit issued to the City of Otsego in the amount of $ 329,160.00 for Developer's Internal Improvements which has already been received by the City, as well as a cash deposit of $576,693.00. C. Surety Deficiency. In the event that the respective sureties are ever utilized and found to be deficient in amount to pay or reimburse the City in total on the Developer's parcels, as the case may be, Developer agrees that upon being notified by the • City of such deficiency, the Developer will pay the said deficient amount or provide additional surety within fourteen (14) days of the mailing of said billings. If there should be an overage in the • amount of utilized security City will, upon making said • determination, refund to the Developer any monies or surety which City has in its possession, which are in excess of the surety needed. D. Surety Reduction and Relative Release. Surety posted by Developer may be reduced from time to time under the following circumstances: (1) When other acceptable sureties are furnished to the City to replace prior sureties, such as the sale of a lot to a new Developer, wherein the new Developer becomes a party to the this Agreement by being a successor in interest to 10 Developer, and the new Developer provides City with an acceptable surety based upon a prorata (per square foot) basis. (2) When, upon closing of sale of any lot to a new Developer, payment of one year's installment of special assessment on a prorata (per square foot) basis to City is made. (3) When a building is completed on any lot within Subject Property and one year's of installment of special assessments for the Plat have been paid to City, and the first Tenant Certificate of Occupancy is issued for that building, the surety shall be released by the City. DELETE E. Reduction Limit. No reduction shall be made which would result in the surety held being less than ten percent (10 %) of the original surety amount for the Petition Items until the final costs are known and assessed. F. Draw on Expiring Letter of Credit. In the event a surety or other form of guarantee referred to herein is in the form of an irrevocable letter of credit, which by its terms will become null and void prior to the time at which all money or obligation of Developer, is paid or completed, it is agreed that Developer shall provide City with a new letter of credit or other surety, acceptable to City, at least thirty (30) days prior to the expiration of the said expiring Letter of Credit. If a new Letter of Credit is not received as required above, City may declare a default in the terms of this Agreement and thence draw in part or in total, at City's discretion, upon the expiring Letter of Credit to avoid the loss of surety for the continued obligation. G. Single Letter of Credit. Developer may elect to provide all sureties required by this Agreement (except for escrow and cash requirements) by providing a single Letter of Credit. 7. Developer or Lot Owner Private Improvements. The Developer or Individual Lot Owner (any Purchaser of a lot within the Plat after this Agreement) agree that it shall cause to be constructed and installed certain private improvements ( "Private Improvements ") on individual lots within the Plat when the individual lots are developed. All Private Improvements are to 11 be installed at Developer's or Lot Owner's sole cost and expense and shall be pursuant to a separate development agreement that affects a particular lot or lots only, including: a. Parking areas and common drives. b. Parking lot lights. c. Site grading. d. Underground utilities e. Setting of lot and block monuments. f. Construction surveying and staking outside of City, County and/or MnDOT right of ways or City easements. g. The City and individual lot owner(s) shall enter into separate Development Agreement(s) which shall provide that the Private Improvements (and any public improvements) shall be installed in accordance with all applicable building codes and City standards, ordinances, and the plans furnished to the City and approved by the City Engineer. The Developer or individual Lot Owner shall obtain all necessary permits before proceeding with construction. The City shall provide adequate field inspection personnel to assure acceptable • quality control, which will allow certification of the construction work. The City may, when reasonably required to do so and at the Developer's expense, have one (1) or more City inspectors and a soil engineer inspect the work. Within thirty (30) days after the completion of the improvements and before any security (required under such separate development agreement) is released, the Developer or Lot Owner shall supply the City with a complete set of reproducible "as built" plans and two (2) complete sets of blue line "as built" plans prepared in accordance with City standards. Iron monuments shall be installed in accordance with Minnesota Statutes 505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments are installed. 8. Storm Water Fees. The City has not established a specific fee for the impact of the Plat upon storm water drainage within the City. In the event that a fee is established prior to platting of any individual lot said fee shall be established in the Development Agreement for that individual 12 lot or lots. Any such fee will be based upon engineering studies completed by the City. 9. City Engineering Administration and Construction Observation, and Legal and Administrative Fees Escrow. The Developer shall pay a fee for the City's consulting engineering and Administration upon executing the Plat or signing this Agreement. City Engineering administration will include monitoring of construction, observation, consultation with Developer and its engineer on status of problems regarding the project, monitoring during the warranty period and processing of requests for reduction in security. Fees for this service shall be three percent (3 %) of the estimated construction cost of the Developer's Internal Improvements to be inspected, assuming normal construction and project scheduling. In addition, The Developer shall pay for construction observation performed by the City's consulting engineer. Construction observation shall include part or full time inspection of public improvements and will be billed on hourly rates estimated to be five percent (5 %) of the estimated construction cost of the Developer's Internal Improvements to be inspected. In the event of prolonged construction or unusual problems, the City will notify the Developer of anticipated cost overruns for administration and observation services. The escrow amount for City's consulting Engineering services is only an estimate and shall be reconciled with actual billing. The escrow account shall include a flat fee for Administrative costs and an estimate of Legal expenses to pay for only services actually billed to the project, and shall be established at the time that improvements are commenced. All administrative and legal fees related to plan review, drafting of any Development Agreement and any other necessary items referenced above shall be paid to the City prior to execution of the Plat and Development Agreement. Any amounts 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 any required "as built" plans have been received by the City. (DELETED REQUESTED CHANGE) The escrow and fees set forth in this Paragraph are separate and distinct from escrow established under any other portion of this Agreement. An estimate of the proposed escrow is set forth below. The estimate is based upon current engineering and fee projections for the Developer's Internal Improvements and this is a minimum estimate. 13 Escrow and fees for construction or individual lots shall be determined at time of development and shall be included in a separate development agreement with each individual Lot Owner prior to construction. ESCROW FOR DEVELOPER'S INTERNAL IMPROVEMENTS AND CITY FEES City Construction Administration Utility and Street Inspection Fees Escrow (estimated 8% of $ 329,000.00) $ 26,320.00 As billed. City Administrative Fee Flat fee (1% of $ 1,350,000.00) $ 13,500.00 Legal Fee Escrow Escrow (1% of $ 1,350,000.00) $ 13,500.00 As billed. Trunk Water and Sewer Access Fee To be included in individual agree- 1. Trunk Sanitary Sewer (SAC) ments for lots 2. Trunk Water (WAC) approved. Street and Traffic Control Signs $ 7,400.00 • 37 signs x $200.00 per sign Trunk Storm Water Impact Fee NA TOTAL ESCROW and FEES — AMOUNT DETERMINED AT TIME OF AGREEMENT EXECUTION $ 60,720.00 10. Grading, Landscaping and Drainage. The Developer shall be responsible for grading, landscaping and storm water management as more fully set forth in this Agreement and the Development Plans. The Developer, as an individual lot owner or an individual lot owner shall submit to the City for approval a landscaping plan for each lot within the Plat. In furtherance of this obligation of the Developer: a. Landscaping. The Developer or individual lot owner shall be responsible for full and complete implementation of the Landscaping Plan. In order to insure compliance with the landscaping Plan, 14 Developer or individual lot owner shall submit to the City security to insure implementation of the Plan in an amount, term and form to be determined by the City. Said security may be used to cure any deficiency in the approved Landscape Plan, and to insure any warranties required by the City. If the landscaping is not timely completed after thirty (30) days notice and opportunity to cure by Developer or individual lot owner, the City may enter the individual lot, perform the landscape work, and apply the security toward the cost. Developer shall sod and landscape all boulevard areas pursuant to an approved Landscape Plan for each lot and shall maintain the sod and landscaping through at least one growing season and to the satisfaction of the City. The long term maintenance of sod and landscaping of boulevard areas shall be the responsibility of Individual Lot Owners after purchase of any individual lot, pursuant to the separate Development Agreement with any lot owners. Developer shall have responsibility for long term maintenance of boulevard sod and landscaping until such time as an individual lot is transferred. Further, Developer shall be responsible for mowing, elimination of weeds and removal of any garbage or debris of all portions of the Plat until they are transferred to Individual Lot Owners. Upon satisfactory completion of the landscaping, the security, without interest and less any draw there from made by the City, shall be returned to the Developer or individual lot owner. If the Developer is providing any trees, grass, seed, and sod as part of a Development Plan, the Developer shall maintain said plantings and warrant them to remain alive, of good quality and disease free for twelve (12) months after planting. Any replacement shall be warranted for twelve (12) months from the time of planting. The Developer shall post security as set forth above, to the City to secure these warranties. There shall be a Landscaping Plan for each individual lot within the Plat and a separate agreement shall be executed by the City and each individual Lot Owner setting forth specific landscaping requirements for that lot and establishing a security for implementation of the Plan. b. Erosion Control. The erosion control plan for the Plat has been reviewed and approved by the City and implemented by Developer prior to rough grading. The City may impose additional erosion control requirements if, in the reasonable opinion of the City Engineer, 15 they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. If the Developer does not comply with the erosion control plan and schedule or any supplementary instructions, the City may, with reasonable notice, take action as it deems appropriate in accordance with all applicable laws. c. Grading Plan. Plat grading shall be in accordance with the grading plan (Plan B set forth on the Plat and Bench Grading Plan). Ponds, swales, and ditches shall be constructed on public easements or land owned by the City. Within thirty (30) days after completion of grading and before any retained security is fully released, the Developer shall provide the. City with an "as built" grading plan including certification by a registered land surveyor or engineer that all ponds, swales, and ditches have been constructed on public easements or land owned by the City. "As built" plans shall include field verified elevations of the following: i. Cross sections of ponds ii. Location and elevations of swales and ditches iii. Lot corners and house pads Occupancy permits for any particular development on a lot shall not be issued until the grading and drainage plan for such lot is complete and approved by the City. 11. Right of Entry. The Developer hereby grants to the City, its agents, employees, officers and contractors a right of entry to enter the Plat to perform any and all work and inspections necessary or deemed appropriate by • the City during the installation of the Petition Items and Internal Grading Improvements, or to make any necessary corrective actions necessary by the City. Except in emergency situations, as defined by the City, the City shall give the Developer ten (10) business days notice stating the deficiencies and necessary corrections prior to making any corrective action. Said right of entry shall continue until the City fmally accepts any public improvements within the Plat. 12. Pre- Construction Activity. The Developer shall schedule a pre - construction meeting with the City to review the proposed schedule for grading and to coordinate the schedule with the installation of the Petition Items. 16 13. Park and Trail Dedication. Developer's obligation to pay Park and Trail dedication for the Plat has been waived by the City in lieu of other considerations provided by the Developer. 14. Ownership of Improvements. Upon completion of the work and construction required by this Agreement, improvements lying within public easements shall become City property without further notice or action, except that those streets which will be maintained as private drives shall remain under Developer's ownership subject to any and all necessary City easements. 15. Clean Up. The Developer shall promptly clean any and all dirt and debris from streets resulting from construction work by the Developer, its agents or assigns. 16. Further Agreements. The Developer or Lot Owners purchasing lots or outlots within the Plat shall enter into additional development agreements with the City as a condition of approval of individual developments. Said development agreements shall incorporate applicable portions of this • Agreement, as well as individual items such as, but not limited to, escrow, sewer and water availability charges, landscaping, economic incentives and other matters. Said development agreements, shall also contain the amount of assessment for the roadway portion of Queens Avenue, prorated by acreage for each individual lot, or established under a different allocation if agreed to by the City, Developer and Lot Owner. 17. Restrictions. The following restrictions apply to the property and all lots, thereon shall be held, sold, and conveyed subject to the following conditions and restrictions, which are for the purpose of protecting the value and desirability of the plat and insuring that all conditions imposed by the City in this Agreement are properly recorded against the property. Said conditions shall run with the real property and be binding on all parties having a right, title or interest in the Plat, or any part thereof, their heirs, executors, representatives, successors and assigns: NONE. 18. AUAR. Developer has initiated an AUAR (Alternative Urban Areawide Review) for the Plat that the City approved on June 26, 2006. Developer shall comply with all terms and conditions of any City approval of the AUAR and implement any and all actions or mitigation required by City approval. 17 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 development of the Plat, including, but not limited to, legal, planning, engineering, and inspection expenses incurred in connection with development of said Plat, the preparation of this Agreement, and all costs and expenses incurred by the City in monitoring and inspecting development of the Plat. b. The Developer shall hold the City and its officers and employees harmless from claims made .by themselves and third parties for damages sustained or costs incurred resulting from Developer' s acts in connection with development of the Subiect Property by Developer. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such daims, including attorney's fees. c. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering fees, attorney's fees, and costs and disbursements. The City shall reimburse the Developer for costs incurred in the enforcement of this Agreement, including engineering fees, attorney's fees, and costs and disbursements. d. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement and agreed to be paid by • Developer under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, and the Developer does not reasonably dispute the payment or amount of such bill the City may halt all Plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer has sold, until all bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of twelve percent (12%) per year. 20. Developer's Default. In the event of default by the Developer in the completion of the Developer's Internal Improvements, the City may, at its option, perform the work and the City may then draw down the security established in Paragraph 7 to pay for any work undertaken, provided the Developer is first given written notice of the default, in accordance with 18 Paragraph 17 above. This notice provision does not apply if the work performed by the City or its contractors is of an emergency nature, as determined at the sole discretion of the City. Should such emergency work be required the City will make all reasonable efforts to notify the Developer as soon as possible. When the City does any such work. the City may, in addition to its other remedies, assess the cost in whole or in part to the Subject Property pursuant to any applicable statutes or ordinances. (DELETED) 21. Claims. In the event that the City receives claims from labor, materialmen, or others that perform work required for the Developer's Internal Improvements, and the sums due from Developer to them have not been paid, and the laborers, materialmen or others have filed alien against the Subject Property and are seeking payment from the City, the City hereby agrees to provide Developer with a written notice of such claim. If Developer does not satisfy such claim or commence action against such claimant for wrongfully claiming such amount is due then Developer hereby authorizes the City to commence an interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to one hundred twenty -five percent (125 %) of the daim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorney fees pursuant to this Agreement. In the event that the Developer desires to make a cash deposit instead of drawing down the letter of credit if a claim is made as stated above, the Developer shall immediately notify the City of this intent at the time the claim is made and shall delivery one hundred twenty -five percent (125 %) of the claim to the City within ten (10) days of such notice in the form of cash or certified check The City agrees to pay all amounts when due for completion of the Petition Items and will cause any liens that may be filed against the Subiect Property as a result of completion of the Petition Items to be released within thirty (30) days after written notice from the Developer. 22. Miscellaneous. a. The Developer represents to the City that to the best of its knowledge the Plat has been completed in compliance with all applicable County, metropolitan, state, and federal laws and regulations, including but not 19 limited to, Subdivision Ordinances, Zoning Ordinances, and environmental regulations except where specifically excluded by this agreement and in effect upon the date of approval. b. Third parties shall have no recourse - against the City under this Agreement. c. Breach of any of the terms of this Agreement by the Developer shall be grounds for denial or revocation of building permits for all property within the Plat. d. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the portion of this Agreement. e. If building permits are issued prior to the completion and acceptance of the Developer's Internal Improvements, the Developer shall assume all liability for the costs resulting in any delay in completion of the Developer's Internal Improvements and damage to any public improvements caused by the City, the Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. No one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface, unless a specific exception is approved by the City or in the event that the City is required to complete said street and fails to do so. f. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be m writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. g. This Agreement shall run with the land, shall be recorded against the title to the property, and shall be binding on all parties having any right, title or interests in the Plat or any part thereof, their heirs, successors, and assigns. After the Developer has completed the Developer's Internal Improvements, at the Developer's request, the City will execute and deliver to the Developer a release or partial release(s) of this Agreement. 20 h. The Developer shall take out and maintain until one (1) year after the City has accepted the Developer's Internal Improvements, public liability and property damage insurance covering personal injury, including death, and any claims for property damage which may arise out of the Developer's work or the work of their subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall be not less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, and the Developer shall file a copy of the insurance coverage with the City prior to the City issuing further building permits. The City shall be responsible for any property damage or injury, including death, which may arise out of the City's construction of the City Work or the work of its subcontractors or by one directly or indirectly employed by any of them. • • i. Each right, power or remedy herein conferred upon the City or the Developer 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 or the Developer and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. j. The Developer shall pay for all local costs related to drainage improvements required to complete the construction according to the plans and conditions that are a part of this Agreement. Local costs are costs related to required internal drainage improvements such as retention ponds. k Should development of the Plat proceed at a pace slower than anticipated, and for that reason, specific terms of this Agreement become onerous or unduly burdensome to the Developer, upon Developer's application, the City will enter into negotiations regarding those specific terms and shall not unreasonably withhold consent to appropriate changes in the terms of this Agreement. 1. Developer shall demonstrate and maintain compliance with the 1991 Wetland Conservation Act. 21 m. Developer shall be responsible for all on site drainage well as for any affects that their actions may have on adjoining properties. Specifically, Developer shall maintain existing drainage tiles on site, and shall be responsible for any and all drainage problems related to either the site drainage tiles or problems with on -site drainage facilities to be constructed in accordance with this agreement and Plat approval. n. Developer agrees that while Queens Avenue is being graded, an independent testing firm shall test the street section in fill areas so as to certify that the contractor is achieving 95% of the standard moisture density relationship of soils except the top three (3) feet of the street section, which shall be compacted to 100% density. The Otsego City Engineer shall receive a copy of the test. 23. Separability. In case any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and any other application thereof shall not in any way be affected or impaired thereby. 24. Violation of Agreement. If, while the security provided pursuant to Paragraph 7 of this Agreement is outstanding, a violation of any of the Covenants or agreements herein contained occurs and such violation is not cured within thirty (30) days after written notice thereof from City to the offending party, the City may draw upon the Developer's security and apply the amount so drawn to pay for said Escrow Items to the extent of surety so provided pursuant to Paragraph 7 herein; and to pay for Petition Items, to the extent of surety provided for Petition Items, so as to provide the City cash flow pursuant to all terms of Paragraph 7 of this Agreement. 25. Warranty. The Developer warrants all work required to be performed by it for the Developer's Internal Improvements against poor material and faulty workmanship for a period of one (1) year after its completion and acceptance by the City. The amount of posted warranty security for Developer's improvements to be posted by the Developer shall be in the amount of $32,916.00. The amount has been determined by the City Engineer and is based upon the costs of the raw materials and labor which would be necessary to correct the most common deficiencies in such grading improvements. The warranty obligation as set forth above is not an additional letter of credit that must be posted with the security required at time of execution of this Agreement, but is instead a separate obligation that may be 22 secured by the City retaining a portion of the original Letter of Credit or by Developer submitting a warranty letter of credit at such time as the Developer's Internal Improvements within the Plat are accepted. 26. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including, but not limited to, street, street sub -base, base, bituminous surface, curb, utility system including, but not limited to, watermain, sanitary sewer or storm sewer when said damage occurs as a result of construction activity which takes place during development of the Subject Property by Developer or its contractors, except for damage caused by City, its employees, agents or contractors. Developer further agrees to pay all costs required to repair the streets and /or utility systems damaged or cluttered with debris when occurring as a direct or indirect result of the Developer's construction that takes place on the lots within the Subject Property. In the event Developer is required to maintain or repair such damage and fails to maintain or repair the damaged public • property referred to aforesaid within thirty (30) days after written notice from the City or such longer period as may be reasonably necessary or in the event of an emergency a shorter time period as determined by the City, City may, upon notifying said party undertake making or causing it to be repaired or maintained. When City undertakes such repair, Developers shall reimburse City for all of its reasonable expenses within thirty (30) days of its billing to the respective party in which repair was required. If Developer fails to pay said bill within thirty (30) days, the security shall be responsible for reimbursing City therefor. 27. City Improvement of Queens Avenue. In reliance upon Developer's platting of the property and making grading improvements as well as the Assessment obligation made in this Agreement,. the City agrees to bid out, approve and make all good faith efforts to substantially complete the Petition Items for the watermain, sanitary sewer and street work to service Developer's building 1 by December 31, 2006. The City also agrees to make all good faith efforts to have the remainder of the Petition items as well as the Water Tower completed on or before December 31, 2007 with the understanding that construction on water tower facilities are sometimes subiect to delay due to timing issues related to painting of the tower. The project, Otsego City Project No. 2006 -01 will proceed following required statutory and municipal procedures for an assessment project. DELETE 28. Water Tower Site. Developer shall convey to the City for payment of $100,000.00 ( "Outlot E Price ") Outlot E for purposes of constructing a City 23 water tower on that site. Prior to the conveyance Developer shall have graded the site to an elevation of approximately 952 feet and to the satisfaction of the City Engineer. The City shall pav the Outlot E Price to Developer in the form of a credit against Developer's obligation to pav for completion of the sanitary sewer and water facilities under Queens Avenue from 70 Street southward to 65 Street NE. 29. SAC and WAC Fees for Individual Lots. If Developer proceeds to construct industrial buildings upon Outlot F of the Plat in compliance with the City's I -2 zoning district, substantially in accordance with the Concept Plan submitted to and approved by the City, and with office space no more than the 15% of the total leasable space for each building the City agrees to calculate SAC and WAC fees based upon actual the actual water usage of the buildings proposed rather than by utilizing current Metropolitan Council standards for calculating hookup fees. It is the intent of this Agreement that Developer be provided a benefit between the hookup fees based upon actual water usage versus Metropolitan Council standard calculations. It shall be Developer's responsibility to provide the City with relevant information on water usage of buildings to be built by Developer in order to provide a basis for City SAC and WAC calculations. The City shall provide Developer with the actual calculations for City SAC and WAC charges. If Developer constructs buildings which comply with the paragraph above having no more than 15% leasable office space. the City agrees • to charge two (2) SAC and WAC fees per complying building. In the event that Developer submits plans for buildings which do not comply with the 15% limit on leased office space or are constructed for . uses which will use large amounts of water, the City and Developer shall negotiate with the intent of reaching a mutually agreeable charge for any non - compliant building. SAC and WAC fees will be established at the time of final platting or upon Building and Site approval for each such building and shall be contained in a separate development agreement between property owners and the City. No Certificate of Occupancy shall be issued until such time as SAC and WAC fees for each building are paid. Any residential development on Outlot D or any other portion of the Plat shall be charged SAC and WAC fees in accordance with said fees in place at the time of actual development of the property. Said fees shall be contained in a separate development agreement for the residential site. 24 33. Tax Abatement Applications. Developer has acquired two adjacent parcels of property to its original site for incorporation into the Plat. Developer has paid $ 2,000,000.00 for said properties. Pursuant to it's initial Agreement with Developer, the City will receive application from Developer for tax abatements in the amount of difference between actual payment for said outlots of at least 1.5 million and up to 2 million dollars. The City agrees to receive and process the application and if Developer complies with all applicable requirements to receive tax abatement the City will approve such tax abatements in an amount equal to $500,000.00 and over a period of ten (10) years but in compliance with all applicable statutory requirements and limits. 34. Non - Assignment Without Consent. The obligations of the Developer under this Agreement may be assigned by the Developers if the Assignment is approved by the City. However, the Developers shall not be released from their obligations under this Agreement without the express written consent of the City Council through Council resolution. 35. Subordination. The Agreement contains obligations of the City to construct certain improvements to Queens Avenue and to assess or charge related costs to the Developer and other benefited properties. In order to meet these obligations the City will have to bond for funding. Collection of all assessments is crucial for the City to pay the debt service for the bond. This Agreement must be recorded against the property contained within the Plat and all other liens, interests or mortgages shall be subordinate to the terms and conditions of this Agreement and said Agreement shall not be subject to foreclosure by any other lien, interest or mortgage. The Plat shall not be released by the City until a Subordination Agreement in form approved by the City has been executed by any such lien or mortgage holder and recorded with the Plat. • 36. 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 registered mail or sent by overnight delivery at the following address: Duke RealtyLimited Partnership, c/o Duke Realty, Corporation, Attn: Patrick E. Mascia, 1600 Utica Avenue South, Suite 250, St. Louis Park, MN 55416 with a copy to Ann Colussi Dee, Esq., Duke Realty Corporation, 6133 North River Road, Suite 200, Rosemont, IL 60018. Notice to the City shall be in writing and shall be either hand delivered to the City Clerk or Deputy City Clerk or mailed by registered mail or sent by overnight delivery at the following address: City of Otsego, City Hall, 8899 Nashua Avenue NE, Otsego, MN 55330, Attention: City Clerk. 25 37. Agreement Effect. This Agreement shall be binding and extend to the respective representatives, heirs, successors and assigns of the parties hereto. 38. Amendment. This Agreement shall be amended only by addendum executed by both parties to the Agreement. CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, City Clerk • DUKE REALTY LIMITED PARTNERSHIP An Indiana limited partnership By: Duke Realty Corporation, Its General Partner • By: Patrick E. Mascia Senior Vice President STATE OF MINNESOTA ) COUNTY OF WRIGHT ) ss. CITY OF OTSEGO ) On this day of , 2006, before me personally appeared Larry Fournier and Judy Hudson to me known to be the persons described in the foregoing instrument and who did say they are, respectively, the Mayor and City Clerk of the municipal corporation named therein and that the seal affixed to said instrument is the corporate seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council and said Larry Fournier and Judy Hudson acknowledged said instrument to be the free act and deed of said municipal corporation. 26 NOTARY PUBLIC STATE OF MINNESOTA ) COUNTY OF WRIGHT ) ss. CITY OF OTSEGO ) On this day of , 2006, before me personally appeared , to me known to be the person described in the foregoing instrument and who did say s/he is the of Duke Realty Corporation, the general partner of Duke Realty Limited Partnership, and that said instrument was signed on behalf of Duke Realty Limited Partnership with authority and on behalf of the partnership and said • acknowledged said instrument to be the free act and deed of said entity. NOTARY PUBLIC DRAFTED BY: Couri, MacArthur & Ruppe, P.L.L.P. P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (763) 497 -1930 27 EXHIBIT A Legal Description of GATEWAY NORTH. 28 EXHIBIT B All public improvements to Queens Avenue, Otsego, Wright County, Minnesota including, but not limited to, pavement, trails, sidewalks, storm water improvements as set forth in the City approved Development Plans for Otsego City Project No. 2006 -01 as prepared by the Otsego City Engineer Hakanson Anderson Associates, Inc. and as approved by the Otsego City Council. • 29 COURI, MACARTHUR & RUPPE, P.L.L.P. Michael C. Couri• A ttorneys at Law David R. Wendorf Andrew J. MacArthur 705 Central Avenue East Kristen H. Carr Robert T._ Ruppe- PO Box 369 St. Michael, MN 55376 -0369 •,4/.n hrensed in Mimic (763) 497 -1930 • `Aleu licensed In California (763) 497-2599 (FAX) courimacarthur@earthlink.net August 24, 2006 City Council Members City of Otsego • c/o Judy Hudson, City Clerk 8899 Nashua Avenue NE Otsego, MN 55330 RE: Gateway North Developer's Agreement Dear Council Members: • Please find attached a Final Draft of the Developer's Agreement between the City and Duke Realty regarding the Gateway North Development. City staff met with representatives of Duke last week to agree on final numbers and SAC and WAC charges for buildings within the development. Changes to .the Agreement have been highlighted and underlined. The major conditions of the Agreement are as follows: 1. Duke will agree to an assessment in the amount of $530,000.00 for its share of Queens Avenue road improvements. Duke will post a Letter of Credit to assure payment of that assessment. The letter of credit will be released after Duke has actually constructed the first building and has received the first tenant Certificate of Occupancy. Based upon the value of the buildings contemplated, City staff agreed that a letter of credit would not be required once the building is constructed. 2. Duke will pay in cash its share of the sanitary sewer and water under Queens Avenue minus a $150,000.00 credit for grading the Queens Avenue roadbed and minus $100,000.00 as the City's payment for the water tower site. 3. Duke will pay an escrow to the City for limited construction observation and City fees. The cost of engineering, right of way, and bonding costs for Queens Avenue are included in the $530,000.00 assessment. 4. The City will charge each building in the site two (2) SAC and WAC charges as long as the buildings are 15% office and the remainder warehouse which is consistent with our preliminary Agreement with Duke. In the event that a building is proposed that does not comply with these requirements or is a large water user, the City and Duke will negotiate an appropriate SAC and WAC charge. The SAC and WAC charges will be included in separate Developer's Agreements for each building as they come on line. The other terms and conditions of the Agreement have been modified as previously discussed. I will be available to further discuss this matter at Monday's City Council meeting. Very truly rs, d J. M Arthur • URI, CARTHUR & RUPPE, PLLP Encl. cc: Ron Wagner, City Engineer Dan Licht, City Planner Pat Mascia, Duke Realty David Bade, Duke Realty DRAFT- August 22, 2006 DEVELOPMENT AGREEMENT GATEWAY NORTH • THIS AGREEMENT, entered into this _ day of , 2006, by and between DUKE REALTY LIMITED PARTNERSHIP a Limited Partnership under the laws of the State of Indiana, Developer, hereinafter referred to as "Developer," and the CITY OF OTSEGO , a Minnesota municipal corporation located in Wright County, hereinafter referred to as "City." RECITALS: WHEREAS, Developer is the fee owner of a parcel or parcels of land described in Exhibit "A" attached hereto and incorporated herein by reference, which parcel of land measuring approximately 157.68 acres is proposed for development as a subdivision and a Planned Unit Development ( "PUD ") for 109.71 acres of the property being rezoned as I -2 District with a Planned Unit Development including eight (8) lots as well as the dedication of right of way for construction of an extension of Queens Avenue in the City, and which subdivision is intended to bear the name GATEWAY NORTH and may sometimes hereinafter be referred to as the "Subject Property" or the "Plat," and WHEREAS, on June 12, 2006 the City has rezoned portions of the Subject Property to I -2, General Industrial District with a Planned Unit Development Conditional Use Permit; and WHEREAS, on June 12, 2006 the City approved the Planned Unit Development ( "PUD ") for the plat GATEWAY NORTH; and WHEREAS. on June 12, 2006 the City approved the Development Stage Plan Preliminary Plat and Site and Building Plans for the Subject Property; and WHEREAS, on June 12, 2006 the City approved a Preliminary and Final Plat of GATEWAY NORTH, subject to certain conditions; and NOW THEREFORE, in consideration of the promises and mutual promises hereinafter contained, it is agreed between the parties as follows: 1. Conditions of Plat Approval. The City hereby approves the Plat on condition that the Developer enters into this Agreement, furnish the security . required by it, and record the Plat with the Wright County Recorder or Registrar of Titles within one hundred (100) days after the Agreement is fully executed by both parties and all required security has been posted with the City. 2. R ight to Proceed. W ithin the Plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this Agreement has been fully executed by both parties and filed with the Zoning Administrator, and all conditions contained in this Agreement have been met, 2) the necessary security required to be provided by Developer pursuant to this Agreement has been received by the City, 3) the Plat has been recorded with the Wright County Recorder's Office, 4) Developer has initiated and attended a pre - construction meeting with the City Engineer, and 5) the Zoning Administrator has issued a letter that all conditions to be satisfied by Developer prior to grading have been satisfied and that the Developer may proceed; or until such time as approval to commence earlier construction is specifically approved by the City, and Developer has fully complied with all conditions set forth by City staff. Notwithstanding the above, Developer may proceed with preliminary grading in accordance with an approved grading plan or preliminary utility work in accordance with approved grading and utility plans pursuant to a separate agreement with the City and posting of appropriate security. 3. Changes in Official Controls. For ten (10) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except changes in permit and processing fees or charges, shall apply to or affect the use, development density, lot size, setbacks, 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. 2 4. Development Plans. The approval granted by the City requires that the Plat be developed in accordance with the plans attached to this Agreement and the conditions stated below (hereinafter "Development Plans "). If the Development Plans vary from the written terms of this Agreement, the Development Plans shall control. The Development Plans are: Plan A Final Plat, GATEWAY NORTH, dated , 2006 prepared by Schoell Madson. Plan B Grading, Drainage, Erosion Control Plan, dated 2006, prepared by Schoell Madson and as finally approved by the City Engineer. Plan C Storm Water Pollution Prevention Plan, dated , 2006, prepared by Schoell Mason and as finally approved by the City Engineer. • 5. Municipal Improvements. A. Petition for Improvements (Petition Items). Developer represents that it owns 100% of the Subject Property to be assessed for its agreed upon share of the assessment for the following improvements: City of Otsego Improvement Project No. 2006 -01, including road improvements by construction of a portion of Queens Avenue from 70 Street NE southward to 60 Street NE including construction of roadway, turn lanes, curb and gutter, trail. asphalt, street lights, landscaping, sanitary sewer, water lines and storm sewer drainage improvements and turn lanes on County Highway 37 as described therein (hereinafter "Petition Items "). The Subject Property, represents more than 35% of the total project area to be assessed for the project and Developer herein petitions the City to proceed with the Petition Items. B. Waiver. Developer agrees to be assessed for said improvements in an amount not to exceed 10% above the Engineer's estimate for Developer's fair share of the assessment (20% of the Petition Items plus proportionate share right of way costs, but excluding the cost of Petition Items for the sanitary sewer, water lines located beneath Queens Avenue from 70` Street Southward to 60` Street NE for which Developer pays one hundred percent of such cost) or 3 $530,000.00. The 20% share of Petition Items only applies to those portions of the Plat which are to developed as Industrial (designated as Outlot F). Developer waives any and all right to appeal the assessment, and waives any irregularities in procedure as well as any required hearings up to the amount set forth above. The waiver includes any appeal right provided for under statute, case law or Constitution. Developer retains only the right to appeal the assessment if it exceeds the amount waived, but only any amount above the waiver. With regards to areas of the Plat which are ultimately developed as residential or other than commercial (Outlot D), the then owner of such property shall pay an assessment or other charge based upon assessments or charges to other similarly situated residential properties benefited by the roadway portions of the Project. Any residential development of Outlot D shall require appropriate re- zoning, platting and a separate Developer's Agreement. • C. Petition Items. The City shall construct as part of its City • Improvement Project No. 2006 -01 all of the Petition Items shown on Exhibit B attached hereto, pursuant to the Public Improvement Plans for City Improvement Project No. 2006 -01 utilizing its regular methods of making public improvements, subject only to additional requirements as set forth in Paragraph 29. The City shall make its best faith efforts to complete the water main, sanitary sewer and street work to service Developer's Building 1 by December 31, 2006 and the remaining Petition Items on or before December 31, 2007. Developer agrees that special assessments for such Petition Items (the "Assessments ") may be levied by the City, without Developer's objection or appeal, after construction is commenced in accordance with Chapter 429 of Minnesota Statutes and that and that the City may recover its costs and expenses including legal, project management, administrative and engineering), provided said special assessments shall be levied in the amount or lesser amount of the respective cost of such Assessments. The Assessments shall be payable in equal principal and interest installments as determined by the City over a period of bears, computing said interest pursuant to City standard policies except that the interest rate shall be no more than 1% above the bond rate for bonds issued for the Project with the first installment coming due commensurate with the 2007 assessment for 2008 payable real estate taxes and Assessments. 4 6. Payment for Petition Items. The Developer agrees, in accordance with the terms of this Agreement, to pay for the Petition Items in the manner set forth herein. A. Payment through Assessment. Developer agrees that it shall pay or cause to be paid through assessment as set forth above 20% of the total road costs estimated to be at least $530,000.00 but adjusted to actual final cost upon completion of the City Project. In order to secure said assessment Developer shall post with the City a Letter of Credit in the amount of $530,000.00. Said Letter of Credit shall remain in place in order to insure payment of the Assessment until such time as the first tenant Certificate of Occupancy is issued for Building No. 1. Upon issuance of that Certificate of Occupancy and payment of one year's portion of the assessment for the Plat, Developer shall be released from the Letter of Credit requirement. B. Payment in Cash of a Portion of the Petition Items. A portion of the Petition items (specifically the sanitary sewer and watermain and lines located beneath Queens Avenue from 70 Street southward to 60 Street NE) is Developer's obligation and would normally be improvements completed by Developer. Since they are included in the Petition Items Developer shall pay for these improvements at the time that this Agreement is executed. The estimated payment for these items is $826,693.00, which includes a proportionate share of the related engineering and other expenses. Developer is provided with two credits against this amount. The first credit is for grading work to the roadway, bed of the proposed Queens Avenue and is in the amount of $150,000.00. The second credit is for the conveyance of Outlot to the City for purposes of construction of a City water tower and is in the amount of $100,000.00. Thus, Developer's total cash obligation to the City for these items is $576,693.00. C. Developer Obligation for Grading Improvements. Developer is obligated to provide security for Grading Improvements through a Letter of Credit in the amount of $329,000.00. Developer has already fulfilled this obligation. That Developer herein agrees that it will actually pay (or cause to be paid) sufficient amounts of it's agreed upon share of said Assessments each year, if not already paid in prior years, for industrial guided properties lying within the plat of the Subject Property (Outlot F), except all properties within Outlots A, C, D and E and all outlots dedicated for drainage and utility purposes, 5 to enable City to pay the required debt service payment when due. To determine the actual amount, as opposed to the estimated amount. to be paid by the parties, the principal amounts shall be added to the interest amounts, for the subject improvement project, as shown on the tax statements for lots lying within the Subject Property (Outlot F) less credit for prepayments made therefor. The Developer shall post an irrevocable "Letter of Credit" in the amount of 100% of it's share of the Assessment.. The Letter of Credit shall be subject to release in accordance with the "Surety Reduction and Relative Release" provision set forth in paragraph 7(D) below, as well as in accordance with the provisions of Paragraph 6 (a).. a. If there is a default in payment of any installment of any of the Assessments on the Developer's parcel (Outlot F), the City may give written notice of default to the Developer, and if the delinquent installment (including penalties and • interest) is not paid within 30 days after the notice, the City may draw upon the defaulting party's surety so that City's cash flow will be unaffected by said improvement project. (DELETE B) b. Assignment and /or Transfer of Assessments and Surety Obligations. The Assessments levied for City Project No. 2006 -01 or any other City project previously levied, or to be levied as a part of activating previously deferred assessments, if any, against the Subject Property, or portion thereof, shall run with the Subject Property and be assumed by the new purchaser of the Subject Property, or portion thereof, upon the sale or transfer of any fee ownership interest in the Subject Property. Developer, unless the new purchaser has submitted its own sureties as allowed, however, shall maintain the sureties required under Section 7 hereof for the purpose of guaranteeing City cash flow in the event the Assessments are not timely paid. At such time as a lot has been developed with a building or buildings to which a Tenant Certificate of Occupancy has been issued, or one year's installment of pro -rated assessments for the Plat has been paid in full, Developer, (or in the case of a new Developer), shall be released for that lot, from the security requirement in Section 7 hereof. Said release shall be 6 made pursuant to Section 7(D) hereof. If only a portion of the Subject Property subject to said Assessments is transferred, the new purchaser may assume the special assessments attributable only to that portion which is being sold or transferred subject to Developer maintaining the surety required in Section 7 of this Agreement until such time as a building is constructed thereon and the Tenant Certificate of Occupancy issued therefor or the surety is released as provided in Section 7(D) of this Agreement. In the event the Developer wishes to convey a lot(s) which are subject to Assessments and to receive certification that the assessments therefor have been fully paid, prior to completion of City Project No. 2006 -01 and the assessment therefor, said party shall provide City a cash surety deposit in amount equal to one hundred percent (100 %) of the estimated Assessments for lots or the lots that the party seeks to convey. The said surety deposit made by the Developer for the Petition Items shall be retained in full until the final project costs and results of said assessments are determined. The City, upon receipt of said payment for a particular lot or lots shall then, upon request, certify within any special assessment search relating to said lot(s) that such lot(s) have been fully assessed for said Project, pursuant to this Agreement, and that no further Assessments will be made to said lot(s) for the improvements comprehended or being constructed under Project No. 2006 -01. After determination of the final cost of the project is assessed, the assessment to the extent same is not part of the • Assessments, shall be paid out of the said surety deposit and any overage paid by the Developer will be returned; if there should be any shortage in the amount paid, the Developer shall immediately pay the City the difference between the amount previously paid and the amount of the assessments for the particular lot(s). Payment shall be made within thirty (30) days of the billing of the Developer. The City may draw upon any surety deposit made by the Developer if the Developer fails to pay the billed amount within thirty (30) days of said bill. F. Security- Letter of Credit Requirement. The requirement that Developer maintain an ongoing Letter of Credit to insure payments of Special Assessments shall terminate at such time as a Tenant Certificate of 7 Occupancy has been issued for the first Commercial- Industrial building within the Plat. D. Security and Cash Payment. Developer's Internal Improvements and Developer's Obligation for Payment of a Portion of City Constructed Improvements. a. Security — Developer's Internal Improvements. Developer shall construct the following improvements within the Plat: site grading, drainage. erosion and sediment control and wetland protection within the Plat and which are further identified on Exhibit C attached hereto The Developer's Internal Improvements shall be constructed at Developer's sole cost and shall be constructed to City standards and pursuant to plans approved by the City, and where applicable within City right of way or easement. The Developer's Internal Improvements, where applicable, shall pass to City ownership upon acceptance by the City and without further action. Developer shall also construct private improvements, including private streets and sidewalks, within Outlot F of the Subject Property which shall be constructed to City standards. Developer is responsible for ongoing maintenance of all private improvements. To ensure compliance with the terms of this Agreement, and construction of the Internal Grading Improvements and certain City constructed public improvements , the Developer shall furnish the City with "security" in the amount of $ 576,693.00 calculated as follows: Site, grading, drainage, erosion and sediment $ 329,160.00 control and wetland protection Paid by Developer May 5, 2006 -$ 329,160.00 Sanitary Sewer- Lateral and Trunk $ 826,693.00 Watermain- Lateral and Trunk - $ 150,000.00 (Grading Credit) Conveyance of Outlot for Water Tower -$ 100,000.00 8 TOTAL $ 576,693.00 The issuer and form of the letter of credit shall be subject to City approval, which approval shall not be unreasonably withheld. The letter of credit shall be for a term ending September 1, 2007. Upon Developer's failure to complete the Developer's Internal Improvements within six (6) months of commencing such work, subject to force majeure, the City may. after written notice to Developer and the expiration of a period of thirty days to cure any default (or a longer period as determined by the City) complete the Developer's Internal Improvements and draw down the letter of credit to pay for completion of the Developer's Internal Improvements. It shall be the responsibility of the Developer to inform the City at least thirty (30) days prior to expiration of the security of the impending expiration and the status of the project relative to the security and this Agreement. If, for whatever reason, the security lapses prior to completion of the Developer's Internal Improvements, the Developer shall immediately provide the City with either an extension of the security or an irrevocable letter of credit of the same amount upon notification of the expiration. If the Developer's Internal Improvements are not completed at least thirty (30) days prior to the expiration of the letter of credit and a new letter of credit or extension has not been given to the City, the City may also draw down the letter of credit. If the letter of credit is drawn down the proceeds shall be used to pay for completion of the Developer's Internal Improvements if not paid by Developer. Any amounts not utilized by the City for completion of Developer's Internal Improvements or to reimburse the City for additional expense incurred will be returned to Developer. Upon receipt of proof satisfactory to the City that the Developer's Internal Improvements have been completed in accordance with the plans for such and financial obligations to the City have been satisfied, with City approval, the security may be reduced from time to time down to $ 32,916.00, or 10% of the security, or to the amount of warranty security, whichever is more. A warranty security in the amount of $ 32,916.00 shall be posted with the City as set forth in Paragraph 28 of this Agreement. Notwithstanding the posting of that warranty security, the security shall not be reduced below ten percent (10 %) of the posted security until all Developer's Internal Improvements have been completed, and 9 all financial obligations to the City satisfied (which includes posting of warranty security). DELETE In addition to the Letter of Credit for Developer's Internal Improvements, Developer shall also deposit with the City $576,693.00 in cash for it's share of the cost of the City construction of sanitary sewer and water lines constructed under Queens Avenue between 70` Street southward to 65 Street NE which are included within Otsego City Project No. 2006 -01. This letter of credit and cash shall be submitted to the City prior to City execution of this Agreement and the Plat. All . administrative and legal fees related to plan review, drafting of the Developer's Agreement and any other necessary items shall be paid to the City prior to execution of the plat and the Development Agreement. • The security for this Agreement shall be a Letter of Credit issued to the City of Otsego in the amount of $ 329,160.00 for Developer's Internal Improvements which has already been received by the City, as well as a cash deposit of $576,693.00. C. Surety Deficiency. In the event that the respective sureties are ever utilized and found to be deficient in amount to pay or reimburse the City in total on the Developer's parcels, as the case may be, Developer agrees that upon being notified by the City of such deficiency, the Developer will pay the said deficient amount or provide additional surety within fourteen (14) days of the mailing of said billings. If there should be an overage in the amount of utilized security City will, upon making said determination, refund to the Developer any monies or surety which City has in its possession, which are in excess of the surety needed. D. Surety Reduction and Relative Release. Surety posted by Developer may be reduced from time to time under the following circumstances: (1) When other acceptable sureties are furnished to the City to replace prior sureties, such as the sale of a lot to a new Developer, wherein the new Developer becomes a party to the this Agreement by being a successor in interest to 10 Developer, and the new Developer provides City with an acceptable surety based upon a prorata (per square foot) basis. (2) When, upon closing of sale of any lot to a new Developer, payment of one year's installment of special assessment on a prorata (per square foot) basis to City is made. (3) When a building is completed on any lot within Subject Property and one year's of installment of special assessments for the Plat have been paid to City, and the first Tenant Certificate of Occupancy is issued for that building, the surety shall be released by the City. DELETE E. Reduction Limit. No reduction shall be made which would result in the surety held being less than ten percent (10 %) of the original surety amount for the Petition Items until the final costs are known and assessed. F. Draw on Expiring Letter of Credit. In the event a surety or other form of guarantee referred to herein is in the form of an irrevocable letter of credit, which by its terms will become null and void prior to the time at which all money or obligation of Developer, is paid or completed, it is agreed that Developer shall provide City with a new letter of credit or other surety, acceptable to City, at least thirty (30) days prior to the expiration of the said expiring Letter of Credit. If a new Letter of Credit is not received as required above, City may declare a default in the terms of this Agreement and thence draw in part or in total, at City's discretion, upon the expiring Letter of Credit to avoid the loss of surety for the continued obligation. G. Single Letter of Credit. Developer may elect to provide all sureties required by this Agreement (except for escrow and cash requirements) by providing a single Letter of Credit. 7. Developer or Lot Owner Private Improvements. The Developer or Individual Lot Owner (any Purchaser of a lot within the Plat after this Agreement) agree that it shall cause to be constructed and installed certain private improvements ( "Private Improvements ") on individual lots within the Plat when the individual lots are developed. All Private Improvements are to 11 be installed at Developer's or Lot Owner's sole cost and expense and shall be pursuant to a separate development agreement that affects a particular lot or lots only, including: a. Parking areas and common drives. b. Parking lot lights. c. Site grading. d. Underground utilities e. Setting of lot and block monuments. f. Construction surveying and staking outside of City, County and/or MnDOT right of ways or City easements. g. The City and individual lot owner(s) shall enter into separate Development Agreement(s) which shall provide that the Private Improvements (and any public improvements) shall be installed in accordance with all applicable building codes and City standards, ordinances, and the plans furnished to the City and approved by the City Engineer. The Developer or individual Lot Owner shall obtain all necessary permits before proceeding with construction. The City shall provide adequate field inspection personnel to assure acceptable quality control, which will allow certification of the construction work. The City may, when reasonably required to do so and at the Developer's expense, have one (1) or more City inspectors and a soil engineer inspect the work. Within thirty (30) days after the completion of the improvements and before any security (required under such separate development agreement) is released, the Developer or Lot Owner shall supply the City with a complete set of reproducible "as built" plans and two (2) complete sets of blue line "as built" plans prepared in accordance with City standards. Iron monuments shall be installed in accordance with Minnesota Statutes 505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments are installed. 8. Storm Water Fees. The City has not established a specific fee for the impact of the Plat upon storm water drainage within the City. In the event that a fee is established prior to platting of any individual lot said fee shall be established in the Development Agreement for that individual 12 lot or Tots. Any such fee will be based upon engineering studies completed by the City. 9. City Engineering Administration and Construction Observation, and Legal and Administrative Fees Escrow. The Developer shall pay a fee for the City's consulting engineering and Administration upon executing the Plat or signing this Agreement. City Engineering administration will include monitoring of construction, observation, consultation with Developer and its engineer on status of problems regarding the project, monitoring during the warranty period and processing of requests for reduction in security. Fees for this service shall be three percent (3 %) of the estimated construction cost of the Developer's Internal Improvements to be inspected, assuming normal construction and project scheduling. In addition, The Developer shall pay for construction observation performed by the City's consulting engineer. Construction observation shall include part or full time inspection of public improvements and will be billed on hourly rates estimated to be five percent (5 %) of the estimated construction cost of the Developer's Internal Improvements to be inspected. In the event of prolonged construction or unusual problems, the City will notify the Developer of anticipated cost overruns for administration and observation services. The escrow amount for City's consulting Engineering services is only an estimate and shall be reconciled with actual billing. The escrow account shall include a flat fee for Administrative costs and an estimate of Legal expenses to pay for only services actually billed to the project, and shall be established at the time that improvements are commenced. All administrative and legal fees related to plan review, drafting of any Development Agreement and any other necessary items referenced above shall be paid to the City prior to execution of the Plat and Development Agreement. Any amounts 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 any required "as built" plans have been received by the City. (DELETED REQUESTED CHANGE) The escrow and fees set forth in this Paragraph are separate and distinct from escrow established under any other portion of this Agreement. An estimate of the proposed escrow is set forth below. The estimate is based upon current engineering and fee projections for the Developer's Internal Improvements and this is a minimum estimate. 13 Escrow and fees for construction or individual lots shall be determined at time of development and shall be included in a separate development agreement with each individual Lot Owner prior to construction. ESCROW FOR DEVELOPER'S INTERNAL IMPROVEMENTS AND CITY FEES City Construction Administration Utility and Street Inspection Fees Escrow (estimated 8% of $ 329,000.00) $ 26,320.00 As billed. City Administrative Fee Flat fee (1% of $ 1,350,000.00) $ 13,500.00 Legal Fee Escrow Escrow (1% of $ 1,350,000.00) $ 13,500.00 • As billed. Trunk Water and Sewer Access Fee To be included in • individual agree- 1 . Trunk Sanitary Sewer (SAC) ments for lots 2. Trunk Water (WAC) approved. Street and Traffic Control Signs $ 7,400.00 37 signs x $200.00 per sign • Trunk Storm Water Impact Fee NA TOTAL ESCROW and FEES — AMOUNT DETERMINED AT TIME OF AGREEMENT EXECUTION $ 60,720.00 10. Grading, Landscaping and Drainage. The Developer shall be responsible for grading, landscaping and storm water management as more fully set forth in this Agreement and the Development Plans. The ' Developer. as an individual lot owner or an individual lot owner shall submit to the City for approval a landscaping plan for each lot within the Plat. In furtherance of this obligation of the Developer: a. Landscaping. The Developer or individual lot owner shall be responsible for full and complete implementation of the Landscaping Plan. In order to insure compliance with the landscaping Plan, 14 Developer or individual lot owner shall submit to the City security to insure implementation of the Plan in an amount, term and form to be determined by the City. Said security may be used to cure any deficiency in the approved Landscape Plan, and to insure any warranties required by the City. If the landscaping is not timely completed after thirty (30) days notice and opportunity to cure by Developer or individual lot owner, the City may enter the individual lot, perform the landscape work, and apply the security toward the cost. Developer shall sod and landscape all boulevard areas pursuant to an approved Landscape Plan for each lot and shall maintain the sod and landscaping through at least one growing season and to the satisfaction of the City. The long term maintenance of sod and landscaping of boulevard areas shall be the responsibility of Individual Lot Owners after purchase of any individual lot, pursuant to the separate Development Agreement with any lot owners. Developer shall have responsibility for long term maintenance of boulevard sod and landscaping until such time as an individual lot is transferred. Further, Developer shall be responsible for mowing, elimination of weeds and removal of any garbage or debris of all portions of the Plat until they are transferred to Individual Lot Owners. Upon satisfactory completion of the landscaping, the security, without interest and less any draw there from made by the City, shall be returned to the Developer or individual lot owner. If the Developer is providing any trees, grass, seed, and sod as part of a Development Plan. the Developer shall maintain said plantings and warrant them to remain alive, of good quality and disease free for twelve (12) months after planting. Any replacement shall be warranted for twelve (12) months from the time of planting. The Developer shall post security as set forth above, to the City to secure these warranties. There shall be a Landscaping Plan for each individual lot within the Plat and a separate agreement shall be executed by the City and each individual Lot Owner setting forth specific landscaping requirements for that lot and establishing a security for implementation of the Plan. b. Erosion Control. The erosion control plan for the Plat has been reviewed and approved by the City and implemented by Developer prior to rough grading. The City may impose additional erosion control requirements if, in the reasonable opinion of the City Engineer, 15 they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. If the Developer does not comply with the erosion control plan and schedule or any supplementary instructions, the City may, with reasonable notice, take action as it deems appropriate in accordance with all applicable laws. c. Grading Plan. Plat grading shall be in accordance with the grading plan (Plan B set forth on the Plat and Bench Grading Plan). Ponds, swales, and ditches shall be constructed on public easements or land owned by the City. Within thirty (30) days after completion of grading and before any retained security is fully released, the Developer shall provide the City with an "as built" grading plan including certification by a registered land surveyor or engineer that all ponds, swales, and ditches have been constructed on public easements or land owned by the City. "As built" plans shall include field verified elevations of the following: • i. Cross sections of ponds ii. Location and elevations of swales and ditches iii. Lot corners and house pads Occupancy permits for any particular development on a lot shall not be issued until the grading and drainage plan for such lot is complete and approved by the City. 11. Right of Entry. The Developer hereby grants to the City, its agents, employees, officers and contractors a right of entry to enter the Plat to perform any and all work and inspections necessary or deemed appropriate by the City during the installation of the Petition Items and Internal Grading Improvements, or to make any necessary corrective actions necessary by the City. Except in emergency situations, as defined by the City, the City shall give the Developer ten (10) business days notice stating the deficiencies and necessary corrections prior to making any corrective action. Said right of entry shall continue until the City finally accepts any public improvements within the Plat. 12. Pre - Construction Activity. The Developer shall schedule a pre - construction meeting with the City to review the proposed schedule for grading and to coordinate the schedule with the installation of the Petition Items. 16 13. Park and Trail Dedication. Developer's obligation to pay Park and Trail dedication for the Plat has been waived by the City in lieu of other considerations provided by the Developer. 14. Ownership of Improvements. Upon completion of the work and construction required by this Agreement, improvements lying within public easements shall become City property without further notice or action. except that those streets which will be maintained as private drives shall remain under Developer's ownership subject to any and all necessary City easements. 15. Clean Up. The Developer shall promptly clean any and all dirt and debris from streets resulting from construction work by the Developer, its agents or assigns. 16. Further Agreements. The Developer or Lot Owners purchasing lots or outlots within the Plat shall enter into additional development agreements with the City as a condition of approval of individual developments. Said development agreements shall incorporate applicable portions of this Agreement, as well as individual items such as, but not limited to, escrow, sewer and water availability charges, landscaping, economic incentives and other matters. Said development agreements, shall also contain the amount of assessment for the roadway portion of Queens Avenue, prorated by acreage for each individual lot, or established under a different allocation if agreed to by the City, Developer and Lot Owner. 17. Restrictions. • The following restrictions apply to the property and all lots, thereon shall be held, sold, and conveyed subject to the following conditions and restrictions, which are for the purpose of protecting the value and desirability of the plat and insuring that all conditions imposed by the City in this Agreement are properly recorded against the property. Said conditions shall run with the real property and be binding on all parties having a right, title or interest in the Plat, or any part thereof, their heirs, executors, representatives, successors and assigns: NONE. 18. AUAR. Developer has initiated an AUAR (Alternative Urban Areawide Review) for the Plat that the City approved on June 26, 2006. Developer shall comply with all terms and conditions of any City approval of the AUAR and implement any and all actions or mitigation required by City approval. 17 Paragraph 17 above. This notice provision does not apply if the work performed by the City or its contractors is of an emergency nature, as determined at the sole discretion of the City. Should such emergency work be required the City will make all reasonable efforts to notify the Developer as soon as possible. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part to the Subject Property pursuant to any applicable statutes or ordinances. (DELETED) 21. Claims. In the event that the City receives claims from labor, materialmen, or others that perform work required for the Developer's Internal Improvements, and the sums due from Developer to them have not been paid, and the laborers, materialmen or others have filed alien against the Subject Property and are seeking payment from the City, the City hereby agrees to provide Developer with a written notice of such claim. If Developer does not satisfy such claim or commence action against such claimant for wrongfully claimini such amount is due then Developer hereby authorizes the City to commence an interpleader action pursuant to Rule 22, Minnesota 410 Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to one hundred twenty -five percent (125 %) of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorney fees pursuant to this Agreement. In the event that the Developer desires to make a cash deposit instead of drawing down the letter of credit if a claim is made as stated above, the Developer shall immediately notify the City of this intent at the time the claim is made and shall delivery one hundred twenty -five percent (125 %) of the claim to the City within ten (10) days of such notice in the form of cash or certified check. The City agrees to pay all amounts when due for completion of the Petition Items and will cause any liens that may be filed against the Subject Property as a result of completion of the Petition Items to be released within thirty (30) days after written notice from the Developer. 22. Miscellaneous. a. The Developer represents to the City that to the best of its knowledge the Plat has been completed in compliance with all applicable County, metropolitan, state, and federal laws and regulations, including but not 19 limited to, Subdivision Ordinances, Zoning Ordinances, and environmental regulations except where specifically excluded by this agreement and in effect upon the date of approval. b. Third parties shall have no recourse against the City under this Agreement. c. Breach of any of the terms of this Agreement by the Developer shall be grounds for denial or revocation of building permits for all property within the Plat. d. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. e. If building permits are issued prior to the completion and acceptance of the Developer's Internal Improvements, the Developer shall assume all liability for the costs resulting in any delay in completion of the Developer's Internal Improvements and damage to any public improvements caused by the City, the Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. No one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface, unless a specific exception is approved by the City or in the event that the City is required to complete said street and fails to do so. • f. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. g. This Agreement shall run with the land, shall be recorded against the title to the property, and shall be binding on all parties having any right, title or interests in the Plat or any part thereof, their heirs, successors, and assigns. After the Developer has completed the Developer's Internal Improvements, at the Developer's request, the City will execute and deliver to the Developer a release or partial release(s) of this Agreement. 20 h. The Developer shall take out and maintain until one (I) year after the City has accepted the Developer's Internal Improvements, public liability and property damage insurance covering personal injury, including death, and any claims for property damage which may arise out of the Developer's work or the work of their subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall not be less than $500,000.00 for one person and $1,000.000.00 for each occurrence; limits for property damage shall be not less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, and the Developer shall file a copy of the insurance coverage with the City prior to the City issuing further building permits. The City shall be responsible for any property damage or injury, including death, which may arise out of the City's construction of the City Work or the work of its subcontractors or by one directly or indirectly employed by any of them. i. Each right, power or remedy herein conferred upon the City or the Developer 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 or the Developer and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. j. The Developer shall pay for all local costs related to drainage improvements required to complete the construction according to the plans and conditions that are a part of this Agreement. Local costs are costs related to required internal drainage improvements such as retention ponds. k. Should development of the Plat proceed at a pace slower than anticipated, and for that reason, specific terms of this Agreement become onerous or unduly burdensome to the Developer, upon Developer's application, the City will enter into negotiations regarding those specific terms and shall not unreasonably withhold consent to appropriate changes in the terms of this Agreement. 1. Developer shall demonstrate and maintain compliance with the 1991 Wetland Conservation Act. 21 m. Developer shall be responsible for all on site drainage well as for any affects that their actions may have on adjoining properties. Specifically, Developer shall maintain existing drainage tiles on site, and shall be responsible for any and all drainage problems related to either the site drainage tiles or problems with on -site drainage facilities to be constructed in accordance with this agreement and Plat approval. n. Developer agrees that while Queens Avenue is being graded, an independent testing firm shall test the street section in fill areas so as to certify that the contractor is achieving 95% of the standard moisture density relationship of soils except the top three (3) feet of the street section, which shall be compacted to 100% density. The Otsego City Engineer shall receive a copy of the test. 23. Separability. In case any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and any other application thereof shall not in any way be affected or impaired thereby. 24. Violation of Agreement. If, while the security provided pursuant to Paragraph 7 of this Agreement is outstanding, a violation of any of the Covenants or agreements herein contained occurs and such violation is not cured within thirty (30) days after written notice thereof from City to the offending party, the City may draw upon the Developer's security and apply the amount so drawn to pay for said Escrow Items to the extent of surety so provided pursuant to Paragraph 7 herein; and to pay for Petition Items, to the extent of surety provided for Petition Items, so as to provide the City cash flow pursuant to all terms of Paragraph 7 of this Agreement. 25. Warranty. The Developer warrants all work required to be performed by it for the Developer's Internal Improvements against poor material and faulty workmanship for a period of one (1) year after its completion and acceptance by the City. The amount of posted warranty security for Developer's improvements to be posted by the Developer shall be in the amount of $32,916.00. The amount has been determined by the City Engineer and is based upon the costs of the raw materials and labor which would be necessary to correct the most common deficiencies in such grading improvements. The warranty obligation as set forth above is not an additional letter of credit that must be posted with the security required at time of execution of this Agreement, but is instead a separate obligation that may be secured by the City retaining a portion of the original Letter of Credit or by Developer submitting a warranty letter of credit at such time as the Developer's Internal Improvements within the Plat are accepted. 26. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including, but not limited to, street, street sub -base, base, bituminous surface, curb, utility system including, but not limited to, watermain, sanitary sewer or storm sewer when said damage occurs as a result of construction activity which takes place during development of the Subject Property by Developer or its contractors, except for damage caused by City, its employees, agents or contractors. Developer further agrees to pay all costs required to repair the streets and /or utility systems damaged or cluttered with debris when occurring as a direct or indirect result of the Developer's construction that takes place on the lots within the Subject Property. In the event Developer is required to maintain or repair such damage and fails to maintain or repair the damaged public property referred to aforesaid within thirty (30) days after written notice from the City or such longer period as may be reasonably necessary or in the event of an emergency a shorter time period as determined by the City, City may, upon notifying said party undertake making or causing it to be repaired or maintained. When City undertakes such repair, Developers shall reimburse City for all of its reasonable expenses within thirty (30) days of its billing to the respective party in which repair was required. If Developer fails to pay said bill within thirty (30) days, the security shall be responsible for reimbursing City therefor. 27. City Improvement of Queens Avenue. In reliance upon Developer's platting of the property and making grading improvements as well as the Assessment obligation made in this Agreement, the City agrees to bid out, approve and make all good faith efforts to substantially complete the Petition Items for the watermain, sanitary sewer and street work to service Developer's building 1 by December 31, 2006. The City also agrees to make all good faith efforts to have the remainder of the Petition items as well as the Water Tower completed on or before December 31, 2007 with the understanding that construction on water tower facilities are sometimes subject to delay due to timing issues related to painting of the tower. The project, Otsego City Project No. 2006 -01 will proceed following required statutory and municipal procedures for an assessment project. DELETE 28. Water Tower Site. Developer shall convey to the City for payment of $100,000.00 ( "Outlot E Price ") Outlot E for purposes of constructing a City 23 water tower on that site. Prior to the conveyance Developer shall have graded the site to an elevation of approximately 952 feet and to the satisfaction of the City Engineer. The City shall pay the Outlot E Price to Developer in the form of a credit against Developer's obligation to pay for completion of the sanitary sewer and water facilities under Queens Avenue from 70` Street southward to 65 Street NE. 29. SAC and WAC Fees for Individual Lots. If Developer proceeds to construct industrial buildings upon Outlot F of the Plat in compliance with the City's I -2 zoning district, substantially in accordance with the Concept Plan submitted to and approved by the City, and with office space no more than the 15% of the total leasable space for each building the City agrees to calculate SAC and WAC fees based upon actual the actual water usage of the buildings proposed rather than by utilizing current Metropolitan Council standards for calculating hookup fees. It is the intent of this Agreement that Developer be provided a benefit between the hookup fees based upon actual water usage versus Metropolitan Council standard calculations. It shall be Developer's responsibility to provide the City with relevant information on water usage of buildings to be built by Developer in order to provide a basis for City SAC and WAC calculations. The City shall provide Developer with the actual calculations for City SAC and WAC charges. If Developer constructs buildings which comply with the paragraph above having no more than 15% leasable office space, the City agrees to charge two (2) SAC and WAC fees per complying building. In the event that Developer submits plans for buildings which do not comply with the 15% limit on leased office space or are constructed for uses which will use large amounts of water, the City and Developer shall negotiate with the intent of reaching a mutually agreeable charge for any non - compliant building. SAC and WAC fees will be established at the time of final platting or upon Building and Site approval for each such building and shall be contained in a separate development agreement between property owners and the City. No Certificate of Occupancy shall be issued until such time as SAC and WAC fees for each building are paid. Any residential development on Outlot D or any other portion of the Plat shall be charged SAC and WAC fees in accordance with said fees in place at the time of actual development of the property. Said fees shall be contained in a separate development agreement for the residential site. 24 33. Tax Abatement Applications. Developer has acquired two adjacent parcels of property to its original site for incorporation into the Plat. Developer has paid $ 2,000.000.00 for said properties. Pursuant to it's initial Agreement with Developer, the City will receive application from Developer for tax abatements in the amount of the difference between actual payment for said outlots of at least 1.5 million and up to 2 million dollars. The City agrees to receive and process the application and if Developer complies with all applicable requirements to receive tax abatement the City will approve such tax abatements in an amount equal to $500,000.00 and over a period of ten (10) years but in compliance with all applicable statutory requirements and limits. 34. Non - Assignment Without Consent. The obligations of the Developer under this Agreement may be assigned by the Developers if the Assignment is approved by the City. However, the Developers shall not be released from their obligations under this Agreement without the express written consent of the City Council through Council resolution. 35. Subordination. The Agreement contains obligations of the City to construct certain improvements to Queens Avenue and to assess or charge related costs to the Developer and other benefited properties. In order to meet these obligations the City will have to bond for funding. Collection of all assessments is crucial for the City to pay the debt service for the bond. This Agreement must be recorded against the property contained within the Plat and all other liens, interests or mortgages shall be subordinate to the terms and conditions of this Agreement and said Agreement shall not be subject to foreclosure by any other lien, interest or mortgage. The Plat shall not be released by the City until a Subordination Agreement in form approved by the City has been executed by any such lien or mortgage holder and recorded with the Plat. 36. 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 registered mail or sent by overnight delivery at the following address: Duke RealtyLimited Partnership. c/o Duke Realty Corporation, Attn: Patrick E. Mascia, 1600 Utica Avenue South, Suite 250, St. Louis Park, MN 55416 with a copy to Ann Colussi Dee. Esq., Duke Realty Corporation. 6133 North River Road, Suite 200, Rosemont, IL 60018. Notice to the City shall be in writing and shall be either hand delivered to the City Clerk or Deputy City Clerk or mailed by registered mail or sent by overnight delivery at the following address: City of Otsego, City Hall, 8899 Nashua Avenue NE, Otsego, MN 55330, Attention: City Clerk. 25 37. Agreement Effect. This Agreement shall be binding and extend to the respective representatives, heirs, successors and assigns of the parties hereto. 38. Amendment. This Agreement shall be amended only by addendum executed by both parties to the Agreement. CITY OF OTSEGO • Larry Fournier, Mayor Judy Hudson, City Clerk DUKE REALTY LIMITED PARTNERSHIP An Indiana limited partnership By: Duke Realty Corporation, Its General Partner • By: Patrick E. Mascia Senior Vice President STATE OF MINNESOTA ) COUNTY OF WRIGHT ) ss. CITY OF OTSEGO ) On this day of , 2006, before me personally appeared Larry Fournier and Judy Hudson to me known to be the persons described in the foregoing instrument and who did say they are, respectively, the Mayor and City Clerk of the municipal corporation named therein and that the seal affixed to said instrument is the corporate seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council and said Larry Fournier and Judy Hudson acknowledged said instrument to be the free act and deed of said municipal corporation. 26 NOTARY PUBLIC STATE OF MINNESOTA ) COUNTY OF WRIGHT ) ss. CITY OF OTSEGO ) On this day of , 2006, before me personally appeared , to me known to be the person described in the foregoing instrument and who did say s/he is the of Duke Realty Corporation, the general partner of Duke Realty Limited Partnership, and that said instrument was signed on behalf of Duke Realty Limited Partnership with authority and on behalf of the partnership and said acknowledged said instrument to be the free act and deed of said entity. NOTARY PUBLIC DRAFTED BY: Couri, MacArthur & Ruppe, P.L.L.P. P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (763) 497 -1930 27 EXHIBIT A Legal Description of GATEWAY NORTH. • 28 EXHIBIT B All public improvements to Queens Avenue, Otsego, Wright County, Minnesota including, but not limited to, pavement, trails, sidewalks, storm water improvements as set forth in the City approved Development Plans for Otsego City Project No. 2006 -01 as prepared by the Otsego City Engineer Hakanson Anderson Associates, Inc. and as approved by the Otsego City Council. • • 29 COURI, MACARTHUR & RUPPE, P.L.L.P. Michael C. Couri• lttornevs at Law David R. Wendorf Andrew J. MacArthur 705 Central Avenue East Kristen H. Carr Robert T. Ruppe- PO Box 369 Si. Michael, MN 55376-0369 •4L ',coma',,, Minors (763) 497 -1930 ••Attu /coned in (.alrJornra (763) 497-2599 (FAX) courimacarthur @earthlink. net August 24, 2006 City Council Members • City of Otsego c/o Judy Hudson, City Clerk 8899 Nashua Avenue NE Otsego, MN 55330 RE: Kevin and Benita Lefebvre Agreement Dear Council Members: Please find attached a revised Agreement with Kevin Lefebvre and his wife addressing compensation for the easement along County 42, reallocation of the proposed assessment on his property based upon residential versus commercial use, a City initiated proposed change to the City Comprehensive Plan as well as City purchase of a portion of the property for a fire station. Kevin and Benita Lefebvre , through their attorney, have requested two changes to the original Agreement which I drafted and sent to them for review. The first change is a right of first refusal on the two acre parcel to Lefebvres in the event that the City • determines, for whatever reason, that the site will not be used for a fire station. The second change is a proposed additional reduction in assessment amount in the event that the Comprehensive Plan amendment is not adopted. As to the first request, the right of first refusal would allow the Lefebvres the first option of purchasing the property back at the then fair market value in the event that the City, for whatever reason, determined that it would not use the property for a fire station. In my opinion, this is a reasonable condition in that it will not lessen the value of the property to the City in the event that it is determined that the location is not an appropriate place for a fire station. The second change allows for an additional $55,000.00 reduction ion the assessment amount in the event that the City does not approve the Comprehensive Plan amendment Letter to Otsego City Council August 24, 2006 Page 2 which would make 2/3 of the property guided for commercial rather than residential. Dan Licht has indicated that he supports such a change and it appears that it would not substantially impact surrounding properties since the westerly 1/3 of the property would remain as a buffer zone. The additional reduction in assessment would be in line with the rationale for re- designating the assessment for the westerly one third in line with other non - commercial properties in the assessment area. I would recommend approval of the modified Agreement. Myself or someone else from this office will be available to further discuss the Agreement at the Monday City Council meeting. Very tru y- yours, 1,'2 ew J. M Arthur/ URI, ACARTHUR & RUPPE, PLLP Encl. cc: Ron Wagner, City Engineer Dan Licht, City Planner • Aug 14 2006 22:57 GROTH LRW FIRM, LTD. 6123496210 p.2 CITY OF OTSEGO • COUNTY OF WRIGHT STATE OF MINNESOTA AGREEMENT BETWEEN TILE CITY OF OTSEGO AND KEVIN LEFEBVRE, AND BENTTA.LEFEBVRE RELATIVE TO CERTAIN PROPERTY FRONTING CSAH 42 (PARRISH AVENUE) AND 851$ STREET WITHIN THE CITY OF OTSEGO THIS AGREEMENT entered into this day of August, 2006 between the City of Otsego ( "City") a municipal corporation under the laws of the State of Minnesota and Kevin LeFebvre and Benita Lefebvre ( "Owners "). WHEREAS, 'Owners hold title to approximately forty (40) acres of real estate in the County of Wright, State of Minnesota, described in the attached Exhibit A ( "the "Property"); and WHEREAS, construction has commenced on improvements to CSAH 42, which abuts the Property; and WHEREAS,' Owners have executed a Right of Entry and Right to Construct allowing the City to proceed with construction so that the Agreements contained in this document can be finalized; and WHEREAS, the City requires certain Road, Utility, and Temporary Construction Easements on the Property to improve CSAH 42; and WHEREAS, the City and Owners have discussed the terms of obtaining said easements; and WHEREAS, the City and Owners have agreed to certain monetary compensation for said easements; and WHEREAS, the City also desires to purchase from Owners a two acre tract of the described Property for future use as a fire station; and • Aug 14 2006 22:57 GROTH LAW FIRM, LTD. 6123496210 p. 3 WHEREAS, in addition to monetary compensation, the parties have agreed to additional terns and conditions in exchange for said easements. NOW THEREFORE, IT IS AGREED BETWEEN the parties as follows: 1. The City agrees to assess the westerly 113 of the Property as shown in attached Exhibit A, at an assessment factor in accordance with other properties to be assessed which are not guided for commercial use. The affect of the assessment will result in the total assessment on the Property for improvements to CSAH 42, to be in an amount not to exceed $450,000.00. Owners agree that their Property is benefited to at least this amount by improvements to CSAH 42 and hereby waive any hearing, any irregularity in proceedings and right of appeal under Minn. Stat. 429.081 or otherwise to the assessment up to the amount stated in this Agreement. 2. Owners will convey to the City an approximately two acre tract of usable land as roughly depicted in Exhibit B, for the purposes of the City building a fire station for $375,000.00. Said conveyance shall be subject to Owners providing marketable title by warranty deed and subject to conditions as set forth in a standard Purchase Agreement for vacant land, including testing by the City for hazardous material, at its expense. The City will provide the Purchase Agreement, and pay the costs of the sale. 3. The City will not commence construction on the two acre tract until the Owners' property surrounding the two acre tract is developed, or within three (3) years after the signing of this Agreement, whichever comes first. In the event the City determines not to construct a fire station upon the tract, the Owners shall have a right of first refusal to re -aquire the tract at the then fair market price. 4. Owners will convey the temporary construction easements and permanent roadway and utility easements as set forth in the attached Exhibit C to the City for additional compensation of $140,000.00. Upon receipt of the funds, Owners will execute the easements and convey them to the City. The $140,000.00 is agreed kb as full and complete compensation for said easements and Owners will waive any claim of any nature for additional compensation through condemnation, inverse condemnation or otherwise. 5. The City agrees to initiate and diligently pursue a Comprehensive Plan Amendment to adjust the boundary between residential and commercial uses within the Property to conform with attached Exhibit D. If, for any reason, the adjustment of the boundary for residential and commercial uses as shown in Exhibit D fails, or is not accomplished, then the assessment to the Owners described in paragraph 1 above, shall be reduced by $55,000.00. 2 Rug 14 2006 22:57 GROTH LRW FIRM, LTD. 6123496210 p.4 6. The terms of this agreement shall be assignable, with the written consent of the City, which consent will not be unreasonably withheld. 7. The parties agree to cooperate with each other in the execution of any documents and/or further agreements necessary to effectuate the terms and conditions of this Agreement. 8. This Agreement is the full, final, and complete understanding between the parties and supersedes any previous Agreement or representations either oral or in writing. AGREED this day of August, 2006, by and between the City of Otsego and Kevin LeFebvre and Benita LeFebvre. . • KEVIN LEFEBVRE • BENITA LEFEBVRE CITY OF OTSEGO: • Larry Fournier; Mayor • Judy Hudson, City Clerk 3 • Aug 14 2006 22:57 GROTH LAW FIRM, LTD. 6123496210 p.5 .-..- .. __...17 I (Mae 2) • SKETCH OF ACQUISITION AREA I r: t t %*M $ : 4 4 I 1 i 4 I ' , S. r lit i 1 e :11 a • rw il 11 f ill iii 1 . • ` ; 11 .01 7"""": 1. 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'Z:4:•,•:,-,,,' 3 e s Note: This map iz �r tanning urposes onl . l I.I � �, � � �� P P Y Yr �— —._. T� � __I I � I �(/ / � / ��• f �� a -�,� des �, The Com p r ehens i v e P lan must be consulted to � l ignations. L. oeriry pol iuet applicable to speufie land use a,;