Item 3.8 Meadows of Otsego Approving an Amended and Restarted Development Contract
Request for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE:
Planning City Planner Licht 22 July 2024
PRESENTER(s) REVIEWED BY: ITEM #:
Consent City Administrator/Finance Director Flaherty
City Engineer Wagner
City Attorney Kendall
3.8 – Meadows of Otsego
STRATEGIC VISION
MEETS: THE CITY OF OTSEGO:
X Is a strong organization that is committed to leading the community through innovative communication.
X Has proactively expanded infrastructure to responsibly provide core services.
X Is committed to delivery of quality emergency service responsive to community needs and expectations in a
cost-effective manner.
X Is a social community with diverse housing, service options, and employment opportunities.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends the City Council approve an amended and restated Development Contract and Planned Unit
Development Agreement.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
Yes No
BACKGROUND/JUSTIFICATION:
The final plat of the Meadows of Otsego was approved by the City Council on 23 August 2021. The developer, Citywide
Development, Inc. executed a Development Contract and Planned Unit Development Agreement related to the plat and
public and private improvements therein. Citywide Development, Inc. initiated site grading and utility work within the
plat, specifically construction of utilities within the plat.
Citywide is proposing to transfer ownership of the plan to Lennar (U.S. Home, LLC) as both the developer and builder
within the plat. The change in ownership and transfer of the responsibilities of the developer under the terms of the
Development Contract and Planned Unit Development Agreement necessitates that the Development Contract be
amended and restated to reflect the changed circumstances and work completed to date.
The City Attorney has drafted an Amended and Restated Development Contract and Planned Unit Development
Agreement to affect the assignment of the developer responsibilities from Citywide Development, Inc. to Lennar (U.S.
Home).
SUPPORTING DOCUMENTS ATTACHED:
• Amended and Restated Development Contract and Planned Unit Development Agreement
• Resolution 2024-51
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to adopt Resolution 2024-51 approving an Amended and Restated Development Contract and Planned Unit
Development Agreement for Meadows of Otsego.
BUDGET INFORMATION
FUNDING: BUDGETED:
Fund 701 – Development Escrow
N/A
1
231548v6 The Meadows of Otsego
(reserved for recording information)
AMENDED AND RESTATED
DEVELOPMENT CONTRACT
AND PLANNED UNIT DEVELOPMENT AGREEMENT
(Developer Installed Improvements)
THE MEADOWS OF OTSEGO
THIS AMENDED AND RESTATED DEVEOPMENT CONTRACT AND PLANNED UNIT
DEVELOPMENT AGREEMENT dated ____________________, 2024 (“Contract”), by and between
the CITY OF OTSEGO, a Minnesota municipal corporation (“City”), and U.S. HOME, LLC, a Delaware
limited liability company (the “Developer”).
RECITALS
WHEREAS, on August 23, 2021, the City of Otsego approved a Preliminary Plat, Planned Unit
Development/Conditional Use Permit, and Final Plat, recorded April 19, 2023 with the Office of the
County Recorder, Wright County, as Document No. A1529134 granting VHF INVESTMENTS, LLC a
Minnesota limited liability company, (“VHF”) plat approval for Meadows of Otsego;
WHEREAS, the City and Citywide Development, Inc., a Minnesota limited liability company
(“Former Developer”) entered into a Development Contract and Planned Unit Development Agreement
dated December 7, 2022 (“Original Development Contract”) for the Meadows of Otsego plat which
2
231548v6 The Meadows of Otsego
Original Development Contract was recorded with the Office of the County Recorder, Wright County, as
Document No. A1529139;
WHEREAS, Citywide Development, Inc. assigned the Development Contract to Developer by
Assignment of Development Contract dated _________, 202____.
WHEREAS, the Developer desires to amend and restate the Original Development Contract, and
revisions to this Contract are necessary to amend and restate the Original Development Contract to be
consistent with the Assignment of Development Contract referencing the new Developer, and updating
the time of performance and security requirements.
NOW, THEREFORE, the parties agree as follows:
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for THE MEADOWS OF OTSEGO (referred to in this Contract as the "plat"). The land is situated in the
County of Wright, State of Minnesota, and is legally described in Exhibit “A” attached hereto and made a
part hereof:
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that
the Developer enter into this Contract and furnish the security required by it, and record this Contract with
the County Recorder or Registrar of Titles within one hundred (100) days after the City Council executes
this agreement.
3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade
or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City
Engineer following approval of a preliminary plat by the City Council, construct sewer lines, water lines,
streets, utilities, public or private improvements, or any buildings until all the following conditions have been
satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the
necessary security has been received by the City, 3) the necessary insurance for the Developer and its
construction contractors has been received by the City, and 4) the plat has been filed with the Wright
County Recorder or Registrar of Titles’ office.
3
231548v6 The Meadows of Otsego
4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent phases may not proceed until
Development Contracts for such phases are approved by the City. Park dedication charges referred to in
this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved
preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed
when the outlots are final platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into
lots and blocks, not outlots, within two (2) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For five (5) years from the date of this Contract, no
amendments to the City’s Comprehensive Plan, except an amendment placing the plat in the current
metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot
size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary,
to the full extent permitted by state law, the City may require compliance with any amendments to the City’s
Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this
Contract.
7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. The plans may be prepared, subject to the City
Engineer’s approval, after entering the Contract, but before commencement of any work in the plat. The
City Engineer may approve minor amendments to Plans without City Council approval. If the plans vary
from the written terms of this Contract, the written terms shall control. The plans are:
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
Plan D - Plans and Specifications for Public Improvements
4
231548v6 The Meadows of Otsego
Plan E - Street Lighting Plan
Plan F - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
K. Sidewalks and Trails
L. Retaining Walls
M. Landscaping
The improvements shall be installed in accordance with the City subdivision ordinance; City
standard specifications for utility and street construction; and any other ordinances including Chapter 6 of
the City Code concerning erosion and sediment control. The Developer shall submit plans and
specifications which have been prepared by a competent Minnesota registered professional engineer to the
City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field
inspection personnel to assure an acceptable level of quality control to the extent that the Developer’s
engineer will be able to certify that the construction work meets the approved City standards as a condition
of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s expense, have
one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The
Developer, its contractors and subcontractors, shall follow all instructions received from the City’s
5
231548v6 The Meadows of Otsego
inspectors. The Developer’s engineer shall provide for on-site project management. The Developer’s
engineer is responsible for design changes and contract administration between the Developer and the
Developer’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a
mutually agreeable time at the City with all parties concerned, including the City staff, to review the
program for the construction work. Within thirty (30) days after the completion of the improvements and
before the security is released, the Developer shall supply the City with a complete set of reproducible “as
constructed” plans and an electronic file of the “as constructed” plans in an AutoCAD .DWG file or a .DXF
file, all prepared in accordance with City standards.
In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot
corners must be completed before the applicable security is released. The Developer ’s surveyor shall also
submit a written notice to the City certifying that the monuments have been installed following site grading,
utility and street construction.
9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships, and other entities in which such
individuals have greater than a 25% ownership interest or in which they are an officer or director may not
act as contractors or subcontractors for the public improvements identified in Paragraph 8 above.
10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, which may include:
A. Wright County for County Road Access and Work in County Rights-of-Way
B. MnDot for State Highway Access
C. MnDot for Work in Right-of-Way
D. Minnesota Department of Health for Watermains
E. MPCA NPDES Permit for Construction Activity
F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
G. DNR for Dewatering
H. City of Otsego for Building Permits, Retaining Walls, Irrigation
I. MDH for water permits
J. MPCA for sewer extension
6
231548v6 The Meadows of Otsego
11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it
will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy
themselves with regard to the elevation of groundwater in the area and the level of effort needed to
perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all
applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations
permits shall also be strictly followed.
12. TIME OF PERFORMANCE. The Developer shall install all public storm sewer, sanitary
sewer and water utility improvements by November 30, 2024. The Developer shall install streets and other
public improvements by November 30, 2024. The Developer may request an extension of time from the
City to be submitted in writing to the City Clerk, for which said extension shall be conditioned upon updating
the security posted by Developer to reflect cost increases and the extended completion date. Final wear
course placement outside of the above time frame must have the written approval of the City Engineer. The
City may impose additional conditions on the extension necessary to ensure performance.
13. STREETS. The Developer agrees to maintain the streets within the Plat until the base
course bituminous surfacing has been accepted by the City. Should the City be required to grade the street
prior to paving, the cost of such grading shall be paid by the Developer and draw from the Developer’s letter
of credit. Should the City determine that snowplowing is necessary prior to final wear course installation, the
City will plow the street(s) prior to acceptance of the streets. The Developer shall hold harmless and
indemnify the City from any and all liability related to snow plowing and shall pay all costs associated with
snow plowing. Any plowing undertaken by the City shall not constitute City acceptance or evidence of
acceptance of the street(s) in question. The final wear course shall not be constructed until at least one
construction season after the base construction is completed and shall be delayed one more construction
season if at least 75% build out is not achieved. However, the final wear course shall not be delayed for a
period longer than two years after the base course is paved, regardless of build out; in which case, the
Developer shall provide an escrow for fog sealing the streets in the event the final wear course is placed
prior to 75% build out. Upon final completion of streets and acceptance by the City as a City street rather
7
231548v6 The Meadows of Otsego
than a private drive, the Developer shall guarantee to the City for a period of two (2) years the streets have
been constructed to City standards. The warranty period shall not commence until such time as street
construction is completed and the streets are accepted as City streets by the City. The two (2) year
warranty period set forth above commences upon the date on which the City accepts the streets by
resolution.
14. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with plat development.
15. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall
be implemented by the Developer and inspected and approved by the City. The City may impose
additional erosion control requirements if they would be beneficial. All areas disturbed by the grading
operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in
accordance with the City’s current seeding specification which may include temporary seed to provide
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as
necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the
Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion
control plan and schedule or supplementary instructions received from the City, the City may take such
action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance
of any proposed action, but failure of the City to do so will not affect the Developer’s and City’s rights or
obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such
work within ten (10) days, the City may draw down the letter of credit to pay any costs. No development,
utility or street construction will be allowed and no building permits will be issued unless the plat is in full
compliance with the approved erosion control plan.
16. GRADING. The plat shall be graded in accordance with the approved grading development
and erosion control plan, Plan “B”. The plan shall conform to City of Otsego specifications. Within thirty
(30) days after completion of the grading and before the City approves individual building permits (except 2
8
231548v6 The Meadows of Otsego
model home permits on lots acceptable to the Building Official), the Developer shall provide the City with
an “as constructed” grading plan certified by a registered land surveyor or engineer that all storm water
treatment/infiltration basins and swales, have been constructed on public easements or land owned by the
City. The “as constructed” plan shall include field verified elevations of the following: a) cross sections of
storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland
mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed “conservation
area” posts; and c) lot corner elevations and house pads, and all other items listed in City Code. The City
will withhold issuance of building permits until the approved certified grading plan is on file with the City and
all erosion control measures are in place as determined by the City Engineer. The Developer certifies to
the City that all lots with house footings placed on fill have been monitored and constructed to meet or
exceed FHA/HUD 79G specifications. The soils observation and testing report, including referenced
development phases and lot descriptions, shall be submitted to the Building Official for review prior to the
issuance of building permits.
Before a building permit is issued, a cash escrow shall be furnished to the City in accordance with
the City’s current fee schedule to guarantee compliance with the erosion control and grading
requirements and the submittal of an as-built certificate of survey. Prior to the release of the required
individual lot grading and erosion control security that is submitted with the building permit, an as-built
certificate of survey for single family lots must be submitted to verify that the final as-built grades and
elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the
development, and amendments thereto as approved by the City Engineer, and that all required property
monuments are in place. If the final grading, erosion control and as-built survey is not timely completed,
the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon
satisfactory completion of the grading, erosion control and as-built survey, the escrow funds, without
interest, less any draw made by the City, shall be returned to the person who deposited the funds with
the City.
9
231548v6 The Meadows of Otsego
A certified as-built building pad survey must be submitted and approved for commercial, industrial
or institutional developments prior to issuance of a building permit.
17. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any
construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion
control, street cleaning, and street sweeping.
18. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Contract and final acceptance by the City, the improvements lying within public easements
shall become City property without further notice or action.
19. LATERAL STORM SEWER. The Developer shall post a security for lateral storm sewer
in the amount of $489,740.00 which is due upon final plat approval.
The City shall provide a credit to the Developer for 50% of the Trunk Storm Water Management
Impact Fee for the area of Outlot A, calculated as follows:
50% x 26.65 acres (Outlot A area) x $2,563.00/Gross Acres = $34,151.98
The Former Developer has paid a cash fee in the amount of $121,550.27 for the Trunk Storm
Water Management Impact Fee due upon final plat approval which is calculated as follows:
60.75 Gross Ac X 2,563.00/Gross Acre = $155,702.25 – Credit of $34,151.98= $121,550.27
20. LATERAL AND TRUNK SANITARY SEWER. The Developer shall pay to the City the
required water availability charges and sanitary sewer availability charges. The water and sewer
availability charges shall be collected according to Section 8-1-6-B of City Code including 9.0 RECs per
gross acre for multiple family uses and 3.5 RECs per gross acre for commercial, industrial, or institutional
uses. The Developer shall post a security in the amount of $282,320.80 for Lateral and Trunk Sanitary
Sewer which is due upon final plat approval.
The City shall provide a credit to the Developer in the amount of $66,092.90 for providing extra
depth and size as well as directionally drilling under Odean Avenue to serve the properties west of
Odean Avenue.
10
231548v6 The Meadows of Otsego
The Former Developer has paid a cash fee in the amount of $110,854.10 for the Sewer Availability
Charge (“SAC”) at the time of plat approval which is calculated as follows:
67 REC X $2,641/REC = $176,947.00 - Credit of $66,092.90 = $110,854.10
21. LATERAL AND TRUNK WATERMAIN. The Developer shall post a security in the
amount of $249,652.50 for the installation of lateral and trunk watermain and connection.
The City shall provide a credit to the Developer in the amount of $35,425.00 for directionally drilling
under Odean Avenue and providing a hydrant to serve the properties west of Odean Avenue
The Former Developer has paid a cash fee in the amount of $88,123.00 for the Water Availability
Charge (“WAC”) at the time of plat approval which is calculated as follows:
67 REC X $1,844.00/ Gross Acre = $123,548.00 - Credit of $35,425.00 = $88,123.00
22. SEWER CONNECTION CHARGE AND WATER CONNECTION CHARGE. The
Developer shall pay to the City required water and sewer connection charges. The water and sewer
connection charges shall be collected per Section 8-1-6-C of City Code for all uses and must be paid prior
to the issuance of a Certificate of Occupancy based on the fee schedule in effect at the time of application
for the Certificate of Occupancy.
23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and public street construction is restricted to access the subdivision as approved by the
City Engineer.
24. PARK AND TRAIL DEDICATION. The Former Developer has paid a cash contribution of
$187,200.00 in satisfaction of the City’s park and trail dedication requirements. The charge was calculated
as follows: Sixty-five (65) lots platted without existing dwellings at $2,880.00 per lot.
25. TRAFFIC CONTROL SIGNS. The Former Developer has paid a cash fee in the amount
of $9,250.00 for traffic control signs which is due upon final plat approval. Street signing consists of
thirty-seven (37) signs at $250.00 each.
26. STREET LIGHT OPERATION COSTS. The Developer shall be responsible for the cost of
street light installation consistent with a street lighting plan approved by the City. The Former Developer
11
231548v6 The Meadows of Otsego
paid to the City a cash fee in the amount of $3,500.00. The fee is calculated as follows: seven (7) street
lights at $500.00 per street light.
27. LANDSCAPING. The Developer or lot purchaser shall plant at least two (2) trees on every
lot in the plat, one of which must be planted in the front yard. Trees that are chosen by the Developer or
property owner cannot cause a public nuisance, such as cotton producing trees, or trees that may become
a public hazard due to insect infestation or weak bark. The minimum deciduous tree size shall be two and
one-half (2½) inches caliper, balled and burlapped. Evergreen trees must be at least eight feet (8’) tall.
The trees may not be planted in the right-of-way. The Developer or lot purchaser shall sod the front
yard, boulevard, and side yards to the rear of the structure on every lot. Weather permitting, the trees,
sod, and seed shall be planted within sixty (60) days after a home has received a certificate of
occupancy. Before a building permit is issued, a cash escrow per each lot in the plat shall be furnished
the City in accordance with the City’s current fee schedule to guarantee compliance with the landscaping
requirements. If the landscaping is not completed in a timely manner, the City may enter the lot, perform
the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the landscaping
the escrow funds, without interest, less any draw made by the City, shall be returned to the person who
deposited the funds with the City. All trees shall be warranted to be alive, of good quality, and disease
free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months
from the time of planting. The Developer or property owner is responsible for contacting the City when
all the landscaping has been installed to set up an inspection. Fifty percent (50%) of the security will be
released when all the landscaping has been installed and inspected by City staff and the remaining fifty
percent (50%) will be released one year after the landscaping inspection and any warranty work has
been completed.
The Developer shall provide a landscape buffer within the yards abutting 75th Street, Odean
Avenue, and 70th Street (CSAH 38) in accordance with Section 11-19-3.B of the Zoning Ordinance. The
landscape plan provides for installation by the Developer of the required buffer yard with a mix of
evergreen and deciduous trees.
12
231548v6 The Meadows of Otsego
Landscaping required by Section 11-19-13.B of the Zoning Ordinance shall be installed in
accordance with the approved landscape plan. The Developer shall post a $50,750.00 landscaping
security at the time of final plat approval to ensure that the landscaping is installed in accordance with the
approved plan.
28. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the conditions listed in the Findings of Fact approved by the City Council on
August 23, 2021.
B. The existing single family dwelling within Lot 18, Block 2, shall be connected to City sewer and
water utilities with the plat and shall pay utility connection fees in accordance with the City Fee
Schedule now in effect upon issuance of a Building Permit.
C. The existing single family dwelling within Lot 6, Block 5, shall be connected to City sewer and
water utilities concurrent with construction of public improvements within the second addition of
Meadows of Otsego and shall pay utility connection fees upon approval of the second addition
final plat in accordance with the City Fee Schedule in effect at the time of final plat approval and
upon issuance of a Building Permit.
D. Future subdivision of Lot 6, Block 5 shall allow for one driveway to be maintained meeting the
requirements of Section 11-21-7 of the Zoning Ordinance to Odean Avenue to access not more
than two (2) lots.
E. All street right-of-way, design, and construction plans and street lighting shall be subject to
review and approval of the City Engineer.
F. All grading, drainage, and erosion control issues shall be subject to review and approval of the
City Engineer.
G. All utility issues shall be subject to review and approval of the City Engineer.
H. The Developer shall provide a cash escrow for the preparation of record construction drawings
and City base map updating. This escrow is $100.00 per acre for a total charge of $6,075.00.
13
231548v6 The Meadows of Otsego
I. The Developer is required to submit the final plat in electronic format. The electronic format
shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g.,
grading, utilities, streets) shall be in electronic format in accordance with standard City
specifications.
29. CONSTRUCTION ADMINISTRATION AND FEES FOR CITY SERVICES. The Developer
shall pay a fee for consulting engineering administration following approval of the Plat. City engineering
administration will include consultation with Developer and its engineer on status or problems regarding the
project, monitoring during the warranty period, general administration and processing of requests for
reduction in security. Fees for this service shall be the actual amount billed for those services, which are
estimated to be three percent (3%) of the estimated construction cost of the Improvements to be inspected,
assuming normal construction and project scheduling. The Developer shall pay for construction observation
performed by the City Engineer. Construction observation shall include part or full time observation, as
determined by the City Engineer, of proposed street, sanitary sewer, water and storm drainage construction
and will be billed on hourly rates actually required for said inspection, which are estimated to be five percent
(5%) of the estimated construction cost of the Improvements to be inspected. In the event of prolonged
construction or unusual problems, the City will notify the Developer of anticipated cost overruns for
engineering administration and observation services. Any amounts for engineering administration not
utilized from this escrow fund shall be returned to the Developer when all improvements have been
completed, all financial obligations to the City satisfied, and the required "as constructed" plans have been
received by the City.
The escrow and fee account shall also include estimated fees for Legal expenses actually incurred
(with any excess funds, if any, returned to Developer as indicated in this Contract), City Administrative Fee
(a flat fee paid by the Former Developer), Trunk Water and Sewer Access Fees (a flat fee paid by the
Former Developer), , Park and Trail Dedication Fees (a flat fee paid by the Former Developer), Street Light
Maintenance and Operation Fee (a flat fee paid by the Former Developer) and shall be as stated by the
Financial Summary.
14
231548v6 The Meadows of Otsego
This escrow amount shall be submitted to the City prior to the City executing this Agreement. All
administrative and legal fees related to plan review, drafting of this Agreement and any other necessary
items shall be paid to the City prior to execution of this Agreement. Any amounts for legal and engineering
not utilized from this escrow fund shall be returned to the Developer when all improvements have been
completed, all financial obligations to the City satisfied, and the required "as constructed" plans have been
received by the City.
All other amounts listed as flat fees are non-refundable and available immediately for City use when
posted.
30. SECURITY. To ensure compliance with the terms of this Contract, and construction of all
public improvements, and satisfaction of all other obligations, the Developer shall furnish the City with a
cash escrow or Irrevocable Standby Letter of Credit with automatic renewal provisions in the amount as
required under this Contract. The issuer and form of the security (other than cash escrow) shall be subject
to City approval in its reasonable discretion. The security shall be issued by a banking institution in good
standing as determined by the City and approved by the City Administrator. The City shall have the ability to
draw on the security at a bank or branch bank located within fifty (50) miles of the City Hall. The security
shall contain an automatic renewal provision and shall not expire until all the Development is complete and
fully and finally accepted by the City, and all terms of this Contract are satisfied.
The City may draw down the security, on five (5) business days written notice to the Developer, for
any violation of the terms of this Contract or without notice if the security is allowed to lapse prior to the end
of the required term. If the required public improvements are not completed at least thirty (30) days prior to
the expiration of the security, the City may also draw it down without notice. If the security is drawn down,
the proceeds shall be used to cure the default.
Upon receipt of proof satisfactory to the City that work has been completed and financial obligations
to the City have been satisfied, with City approval not to be unreasonably withheld or delayed, the security
shall be reduced from time to time in proportion to the work completed, but not below ten percent (10%),
which is the amount of the warranty security. For purposes of this Section, the warranty period shall be a
15
231548v6 The Meadows of Otsego
twelve (12) month period after the applicable work has been completed, except with respect to streets, for
which the warranty period shall be two years as addressed elsewhere in this Contract.
This security amount shall be submitted to the City prior to execution of the Contract. All
administrative and legal fees related to plan review, drafting of this Contract and any other necessary items
shall be paid to the City prior to execution of the Contract. Upon completion of the work contemplated
hereunder and expiration of the warranty period, the remaining security shall be promptly released to
Developer.
31. SUMMARY OF SECURITY REQUIREMENTS. The amount of the security described
above is calculated as follows:
CONSTRUCTION COSTS:
A. Sanitary Sewer – Lateral and Trunk $282,320.80
B. Watermain – Lateral and Trunk $249,652.50
C. Storm Sewer - Lateral $489,740.00
D. Streets & Trail $637,212.00
CONSTRUCTION SUB-TOTAL $1,658,925.30
OTHER COSTS:
A. Site Grading, Erosion & Sediment Control and Wetland $171,900.00
B. Engineering & Surveying Construction Services (6.5%) $107,830.14
C. Landscaping $50,750.00
OTHER COSTS SUB-TOTAL $330,480.14
TOTAL – SUBTOTAL $1,989,405.44
TOTAL IRREVOCABLE LETTER OF CREDIT $2,486,756.80
FOR SECURITY (125% OF SUBTOTAL)
ESCROW
A. City Legal Expenses (Est. 1.0% of $1,658,925.30) $16,589.25
B. City Construction Observation (Est. 8.0% of $1,658,925.30) $132,714.02
C. GIS Data Entry $6,075.00
ESCROW TOTAL $155,378.27
This breakdown is not a restriction on the use of the security.
16
231548v6 The Meadows of Otsego
32. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract furnished to the City prior to the City Council signing the by the Former
Developer:
A. City Administrative (1.0% of $1,658,925.30) $16,589.25
B. Trunk Sewer Access Fee (SAC) $110,854.00
C. Trunk Water (WAC) $88,123.00
D. Trunk Storm Water Management Impact Fee $121,550.25
E. Park & Trail Dedication Fee $187,200.00
F. Wetland, Street, and Traffic Control Signs $9,250.00
G. Street Light Operating Fee – $3,500.00
TOTAL CASH REQUIREMENTS $537,066.50
33. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship, other than as set forth hereafter in
this Section 33, for a period of one (1) year. The warranty period for streets is two (2) years as specified in
this Contract. The warranty period for underground utilities is two (2) years and shall commence following
completion and acceptance by City Council. A minimum of ten percent (10%) of the total security as
specified above in the portion of Section 31 of this Contract shall be retained as warranty security
calculated as follows.
WARRANTY RETAINAGE
A. Sanitary Sewer $42,348.12
B. Watermain $37,447.88
C. Storm Sewer $73,461.00
D. Streets $109,500.00
E. Erosion & Sedimentation Control $16,250.00
TOTAL WARRANTY RETAINAGE FROM LETTER OF CREDIT $279,007.00
The Developer is not required to post this amount separately but rather this amount shall be
retained for warranty purposes from the total security posted according to Section 31 of this Contract until
warranty obligations are satisfied.
17
231548v6 The Meadows of Otsego
34. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City
in conjunction with the development of the plat, including but not limited to Soil and Water
Conservation District charges, legal, planning, engineering and construction observation
inspection expenses incurred in connection with approval and acceptance of the plat, the
preparation of this Contract, review of construction plans and documents, and all costs and
expenses incurred by the City in monitoring and inspecting development of the plat.
B. The Developer shall hold the City and its officers, employees, and agents harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees,
and agents for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract,
including engineering and attorneys' fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is
attached, all special assessments referred to in this Contract. This is a personal obligation of
the Developer and shall continue in full force and effect even if the Developer sells one or more
lots, the entire plat, or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under
this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may
halt plat development and construction until the bills are paid in full. Bills not paid within thirty
(30) days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the
Developer shall pay in full all bills submitted to it by the City prior to any reductions in the
security for the development.
F. In addition to the charges and special assessments referred to herein, other charges and
special assessments may be imposed such as but not limited to sewer availability charges
18
231548v6 The Meadows of Otsego
("SAC"), City water connection charges, City sewer connection charges, and building permit
fees.
35. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an
emergency as determined by the City, is first given notice of the work in default, not less than forty-eight
(48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the
City to seek a Court order for permission to enter the land. When the City does any such work, the City
may, in addition to its other remedies, assess the cost in whole or in part.
36. FORCE MAJEURE. If Developer is delayed at any time in progress of the plat by acts
of God, casualty, insurrection, strikes, war, terrorism, lockouts, pandemic, governmental order
(including health orders), labor disputes, adverse weather conditions which could not reasonably be
anticipated, or any causes, acts, or occurrences beyond Developer’s control (financial inability
excluded) (collectively, “Force Majeure Items”), then the commencement date and completion dates
(without adjustment to the Development Contract sums) shall be extended for such reasonable time as
the Force Majeure Items continue.
37. MISCELLANEOUS.
A. The Developer represents to the City that the plat complies with all city, county, metropolitan,
state, and federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the plat does not
comply, the City may, at its option, refuse to allow construction or development work in the plat
until the Developer does comply. Upon the City's demand, the Developer shall cease work until
there is compliance.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
19
231548v6 The Meadows of Otsego
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for
any reason held invalid, such decision shall not affect the validity of the remaining portion of this
Contract.
E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior
to issuance of any building permits, except two (2) model homes on lots acceptable to the
Building Official. Approval of an administrative permit in compliance with Chapter 27 of the
City’s zoning ordinance is required prior to the construction of any model homes.
F. If building permits are issued prior to the acceptance of public improvements, the Developer
assumes all liability and costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its contractors, subcontractors,
material men, employees, agents, or third parties. No sewer and water connections or
inspections may be conducted and no one may occupy a building for which a building permit is
issued on either a temporary or permanent basis until the streets needed for access have been
paved with a bituminous surface and the utilities are accepted by the City Engineer.
G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of
this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties
and approved by written resolution of the City Council. The City's failure to promptly take legal
action to enforce this Contract shall not be a waiver or release.
H. This Contract shall run with the land and may be recorded against the title to the property. In
the event this Contract is recorded, upon request by Developer, the City covenants to provide a
recordable Certificate of Completion within a reasonable period of time following the request,
upon the completion of the work and responsibilities required herein, payment of all costs and
fees required and compliance with all terms of the Contract. A release of this Contract may be
provided in the same manner and subject to the same conditions as a Certificate of Completion
provided there are no outstanding or ongoing obligations of Developer under the terms of this
Contract. The Developer covenants with the City, its successors and assigns, that the
20
231548v6 The Meadows of Otsego
Developer is well seized in fee title of the property being final platted and/or has obtained
consents to this Contract, in the form attached hereto, from all parties who have an interest in
the property; that there are no unrecorded interests in the property being final platted; and that
the Developer will indemnify and hold the City harmless for any breach of the foregoing
covenants.
I. Insurance. Prior to execution of the final plat, Developer and its general contractor shall
furnish to the City a certificate of insurance showing proof of the required insurance required
under this Paragraph. Developer and its general contractor shall take out and maintain or
cause to be taken out and maintained until six (6) months after the City has accepted the
public improvements, such insurance as shall protect Developer and its general contractor
and the City for work covered by the Contract including workers’ compensation claims and
property damage, bodily and personal injury which may arise from operations under this
Contract, whether such operations are by Developer and its general contractor or anyone
directly or indirectly employed by either of them. The minimum amounts of insurance shall be
as follows:
Commercial General Liability (or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
Automobile Liability
$2,000,000 Combined Single Limit – Bodily Injury & Property Damage
Including Owned, Hired & Non-Owned Automobiles
Workers Compensation
Workers’ Compensation insurance in accordance with the statutory requirements of the
State of Minnesota, including Employer’s Liability with minimum limits are as follows:
• $500,000 – Bodily Injury by Disease per employee
• $500,000 – Bodily Injury by Disease aggregate
• $500,000 – Bodily Injury by Accident
21
231548v6 The Meadows of Otsego
The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”.
All insurance policies (or riders) required by this Contract shall be (i) taken out by and
maintained with responsible insurance companies organized under the laws of one of the
states of the United States and qualified to do business in the State of Minnesota, (ii) shall
name the City, its employees and agents as additional insureds (CGL and umbrella only) by
endorsement which shall be filed with the City and (iii) shall identify the name of the plat. A
copy of the endorsement must be submitted with the certificate of insurance.
Developer’s and general contractor’s policies and Certificate of Insurance shall contain a
provision that coverage afforded under the policies shall not be cancelled without at least
thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment
of premium.
An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s
or general contractor’s policy limits on a follow-form basis to satisfy the full policy limits
required by this Contract.
J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify
and hold harmless the City, and its employees, officials, and agents from and against all
claims, actions, damages, losses and expenses, including reasonable attorney fees, arising
out of Developer’s negligence or its performance or failure to perform its obligations under this
Contract. Developer’s indemnification obligation shall apply to Developer’s general
contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer,
or anyone for whose acts Developer may be liable. Developer agrees this indemnity
obligation shall survive the completion or termination of this Contract.
K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to
every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and
22
231548v6 The Meadows of Otsego
remedy herein set forth or otherwise so existing may be exercised from time to time as often
and in such order as may be deemed expedient by the City and shall not be a waiver of the
right to exercise at any time thereafter any other right, power or remedy.
L. The Developer may not assign this Contract without the written permission of the City Council.
The Developer's obligation hereunder shall continue in full force and effect even if the
Developer sells one or more lots, the entire plat, or any part of it, until the City’s issuance of a
Certificate of Completion and Release.
M. Retaining walls that require a building permit shall be constructed in accordance with plans and
specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be filed
with the Building Official evidencing that the retaining wall was constructed in accordance with
the approved plans and specifications. All retaining walls identified on the development plans
and by special conditions referred to in this Contract shall be constructed before any other
building permit is issued for a lot on which a retaining wall is required to be built.
N. Should the Developer convey any lot or lots in the Development to a third party, the City and the
owner of that lot or those lots may amend this Development Contract or other city approvals or
agreements for development or use of those lots without the approval or consent of the
Developer or other lot owners in the Development. Private agreements between the owners of
lots within the Development for shared service or access and related matters necessary for the
efficient use of the Development shall be the responsibility of the lot owners and shall not bind
or restrict City authority to approve applications from any lot owner in the Development.
38. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
following address: 16355 36th Avenue North, Suite 100, Plymouth, Minnesota 55446. Notices to the
City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City
23
231548v6 The Meadows of Otsego
by certified mail in care of the City Administrator at the following address: Otsego City Hall, 13400 90th
Street NE, Otsego, Minnesota 55330.
24
231548v6 The Meadows of Otsego
CITY OF OTSEGO
BY: ___________________________________________
Jessica L. Stockamp, Mayor
(SEAL)
AND __________________________________________
Audra Etzel, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ________ day of ______________,
2024, by Jessica L. Stockamp and by Audra Etzel, the Mayor and City Clerk of the City of Otsego, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its
City Council.
______________________________________________
NOTARY PUBLIC
25
231548v6 The Meadows of Otsego
DEVELOPER:
U.S. HOME, LLC
BY: ___________________________________________
Jon Aune
Its: Vice President
STATE OF MINNESOTA )
)ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this ________ day of ______________,
2024, by Jon Aune the Vice President of U.S. HOME, LLC, a Delaware limited liability company, on
behalf of said entity.
______________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone: 651-452-5000
DSK/smt
26
231548v6 The Meadows of Otsego
EXHIBIT “A”
TO
AMENDED AND RESTATED DEVELOPMENT CONTRACT
TRACT 1: (Phase 1)
Lot 1, Block 1; Lots 1-16, Block 2: Lots 1-26, Block 3; Lots 1-5, Block 4; Lots 1-5, Block 5; Lots 1-5, Block
6 and Lots 1-6, Block 7, all in The Meadows of Otsego, Wright County, Minnesota.
Abstract Property
TRACT 2: (Phase 2)
Outlot C, The Meadows of Otsego, Wright County, Minnesota.
Abstract Property
And
The East 330 feet of the South 1/2 of the Southeast 1/4, Section 28, Township 121, Range 23, Wright
County, Minnesota.
Abstract Property
27
231548v6 The Meadows of Otsego
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
CITYWIDE DEVELOPMENT, INC., a Minnesota corporation, fee owner of all or part of the subject
property, the development of which is governed by the foregoing Development Contract, affirms and
consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that
portion of the subject property owned by it.
Dated this _____ day of ____________, 2024.
CITYWIDE DEVELOPMENT, INC.
By:
__________________________ [print name]
Its: _______________________ [title]
STATE OF MINNESOTA )
)ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of _____________, 2024,
by _________________________, the _________________________ of CITYWIDE DEVELOPMENT,
INC., a Minnesota corporation, on behalf of said entity.
________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
DSK/smt
231548v6
MORTGAGE HOLDER CONSENT
TO
AMENDED AND RESTATED DEVELOPMENT CONTRACT
FIRST BANK & TRUST, a South Dakota banking corporation, which holds:
1. A Mortgage executed by Citywide Development, Inc., a Minnesota corporation, dated September
10, 2021, filed October 12, 2021 with the Office of the County Recorder, Wright County, Minnesota,
as Document Number A1486784, in the original amount of $2,257,600.00;
2. As modified by Modification of Mortgage executed by Citywide Development, Inc., a Minnesota
corporation, dated September June 23, 2023, filed June 27, 2023 with the Office of the County
Recorder, Wright County, Minnesota, as Document Number A1533172;
3. As amended by Amendment of Mortgage dated January 25, 2024, filed February 5, 2024 with the
Office of the County Recorder, Wright County, Minnesota, as Document Number A1547017;
4. A Mortgage executed by Citywide Development, Inc., a Minnesota corporation, dated December 8,
2021, filed December 9, 2021 with the Office of the County Recorder, Wright County, Minnesota, as
Document Number. A1492825 in the amount of $4,143,492.00 in favor of First Bank & Trust;
5. As modified by Modification of Mortgage executed by Citywide Development, Inc., a Minnesota
corporation, dated June 23, 2023, filed June 27, 2023 with the Office of the County Recorder,
Wright County, Minnesota, as Document Number. A1533190;
6. As amended by Amendment of Mortgage dated January 25, 2024, filed February 5, 2024 with the
Office of the County Recorder, Wright County, Minnesota, as Document Number A1547015;
on all or part of the subject property, the development of which is governed by the foregoing Amended and
Restated Development Contract, agrees that the Amended and Restated Development Contract shall
remain in full force and effect even if it forecloses on its mortgage.
Dated this _____ day of ____________, 2024.
[Remainder of page is intentionally left blank.
Signature page follows.]
231548v6
FIRST BANK & TRUST
By:
_________________________ [print name]
Its _____________________ [title]
STATE OF MINNESOTA )
)ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this _____ day of ________________,
2024, by __________________________________________________________________________, the
________________________________________________________________ of First Bank & Trust, a
South Dakota banking corporation, on behalf of said entity.
________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
DSK/smt
231548v6
MORTGAGE HOLDER CONSENT
TO
AMENDED AND RESTATED DEVELOPMENT CONTRACT
VIKRAM AGGARWAL, an individual lender who holds a Mortgage executed by Citywide
Development, Inc., a Minnesota corporation, dated September 10, 2021, filed October 12, 2021 with the
office of the County Recorder, Wright County, Minnesota, as Document Number A1486785 on all or part
of the subject property, the development of which is governed by the foregoing Amended and Restated
Development Contract, agrees that the Amended and Restated Development Contract shall remain in full
force and effect even if it forecloses on its mortgage.
Dated this _____ day of ____________, 2024.
Vikram Aggarwal
STATE OF ______________ )
)ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this _____ day of
________________________, 2024, by Vikram Aggarwal, an individual lender, mortgagee.
________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
DSK/smt
231548v6
[BANK LETTERHEAD]
IRREVOCABLE LETTER OF CREDIT
No. ___________________
Date: _________________
TO: City of Otsego
City Hall
13400 90th Street NE
Otsego, Minnesota 55330
Dear Sir or Madam:
We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable
Letter of Credit in the amount of $____________, available to you by your draft drawn on sight on the
undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. __________, dated ________________, 2_____,
of (Name of Bank) ";
b) Be signed by the City Administrator or Finance Director of the City of Otsego.
c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30,
2_____.
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five
(45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers
written notice to the Otsego Finance Director that it intends to modify the terms of, or cancel, this Letter of Credit.
Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty -
five (45) days prior to the next annual renewal date addressed as follows: Otsego Finance Director, Otsego City
Hall, 13400 90th Street NE, Otsego, MN 55330, and is actually received by the Finance Director at least thirty
(30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified,
amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred
to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may
be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice
for Documentary Credits, International Chamber of Commerce Publication No. 600.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly
honored upon presentation.
[NAME OF BANK]
BY: ____________________________________
Its ______________________________
1
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2024-51
APPROVING AN AMENDED AND RESTATED
DEVELOPMENT CONTRACT AND PLANNED UNIT DEVELOPMENT AGREEMENT
MEADOWS OF OTSEGO
WHEREAS, the final plat of Meadows of Otsego was approved on 23 August 2021 by the City Council; and
WHEREAS, Section 10-10-4.A of the Subdivision Ordinance requires the developer to enter into a
development contract to provide the City construction and warranty securities for the public and private
improvements and to provide the City various remedies in the event that the developer breaches the
terms and conditions of said contract; and
WHEREAS, the City and Citywide Development, Inc. entered into a Development Contract and Planned Unit
Development Agreement dated December 7, 2022 for the plat, which was recorded with the Office of the
County Recorder, Wright County Document No. A1529139; and
WHEREAS, Citywide Development, Inc. desires to assign the ownership of the plat and responsibilities of the
developer provided for by the Development Contract and Planned Unit Development Agreement to U.S.
Home, LLC; and
WHEREAS, due to the transfer in ownership of the plat between Citywide Development, Inc. and U.S.
Home, LLC, and assignment of the developer’s responsibilities therein it is necessary to amend and restate
the original Development Contract; and
WHEREAS, those obligations are outlined and memorialized in the attached Amended and Restated
Development Contract and Planned Unit Development Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA:
1. The Amended and Restated Development Contract and PUD Development Contract with U.S. Home,
LLC, attached hereto is hereby approved in form subject to modification of fees, charges, and
securities as approved by City staff.
2. The Mayor and City Clerk are hereby authorized to execute the Development Contract and Planned
Unit Development Agreement on behalf of the City of Otsego.
(the remainder of this page intentionally blank)
2
ADOPTED by the Otsego City Council this 22nd day of July, 2024.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
__________________________________
Jessica L. Stockamp, Mayor
ATTEST:
__________________________________
Audra Etzel, City Clerk