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ITEM 4.3 Gateway North 3oall.,= 0 MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Planning City Planner Licht 22 September 2014 PRESENTER(s): REVIEWED BY: ITEM #: City Planner Licht City Administrator Johnson 4.3 — Gateway North 3 AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of site and building plans for Gateway North Building 3 and an amended Final Plat for Gateway Fourth Addition. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No. No. BACKGROUND/JUSTIFICATION: Duke Realty Limited Partnership has submitted plans for development of a 150,000 square foot warehouse distribution building with a planned 116,200 square foot addition within the Gateway North Business Center. The subject site located east of TH 101 and south of CSAH 37 abutting Queens Avenue. A preliminary plat and PUD -CUP was approved for Gateway North on 12 June 2006 and establishes that each phase of the development is to be processed subject to site and building plan review and final plat approval. The developer is also proposing vacation of existing drainage and utility easements. The Planning Commission considered these applications at their meeting on 15 September 2014. Mr. Dale Emter of Duke Realty LTD was present as the applicant. There were no comments from the public. The Planning Commission had no concerns with the project as presented or with the overall changes to the master site plan. The public hearing was closed and the Planning Commission voted 5-0 to recommend City Council approval. SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE A. Planning Report dated 12 September 2014 B. Engineering Review dated September 8, 2014 C. Findings of Fact D. Resolution 2014-63 approving a Development Agreement for Gateway North 4th Addition E. Development Agreement POSSIBLE MOTION Please word motion as you would like it to appear in the minutes. Motion to approve site and building plans for Gateway North Building 3 and an amendment to the Gateway North Fourth Addition as outlined in the Findings of Fact and Decision as presented and adopting Resolution 2014-63 approving a Development Agreement. BUDGET INFORMATION FUNDING: BUDGETED: ❑ YES NA ❑ NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPCg Plan ni ngCo. com PLANNING REPORT TO: Otsego Planning Commission FROM: Daniel Licht, AICP RE: Otsego — Gateway North Building 3 REPORT DATE: 12 September 2014 ACTION DATE: 4 November 2014 TPC FILE: 101.02 — 14.OX BACKGROUND Duke Realty Limited Partnership has submitted plans for development of a 150,000 square foot warehouse distribution building within the Gateway North Business Center, designated as Building #3. The subject site is Outlot A, Gateway North Third Addition located east of TH 101 and south of CSAH 37 abutting Queens Avenue. A preliminary plat and PUD -CUP was approved for Gateway North on 12 June 2006 and establishes that each phase of the development is to be processed subject to site and building plan review and final plat approval. The applicant is also requesting modification of the Gateway Fourth Addition Final Plat approved with Building #5 to establish the buildable lot for Building #3 as well as a lot for future Building #2. The Planning Commission will consider these applications at their regular meeting on 15 September 2014. Exhibits: A. Site Location B. Gateway North Master Plan C. Existing Conditions D. Site Plan E. Grading Plan F. Utility Plan G. Landscape Plan (2 sheets) H. Exterior Elevations J. Final plat (3 sheets) ANALYSIS Comprehensive Plan. The 2012 Comprehensive Plan guides the subject site for industrial land uses within the east sewer district. The proposed land use is consistent with this designation and the City has adequate utility capacity available at the subject site to provide services. Zoning. The subject site is zoned 1-2, General Industrial District. Warehousing and distribution centers are a permitted use within the 1-2 District. Environmental Review. An Alternative Urban Area Review (AUAR) was prepared with the review of the initial Gateway North application and the scope of this study included overall master plan. The City Council adopted the AUAR on 7 August 2006 finding that the proposed project did not have potential for significant environmental effects. The current site and building plans are consistent with the intensity of development anticipated for this portion of Gateway North reviewed as part of the AUAR and this application requires no additional environmental review. Phasing Plan. The applicant is proposing to construct the proposed 150,000 square foot building and the site plan shows a 116,200 square foot addition. The applications are being reviewed based on the planned build out of the Phase 2 structure with considerations as to site development work and improvements based on the phasing plan. Building Exterior Finish. Architectural plans for proposed building have been submitted. The design of the proposed building is generally consistent with that of Gateway North Buildings 1, 5 and 6 consisting of precast concrete panels with a combination of exposed aggregate, acid etched or sandblast finish on all four sides of the structure. However, the manufacturer of the exterior panels is different than that of the previous buildings and thus the exterior materials and appearance will not be exactly the same. No architectural requirements were established for Gateway North above the requirements of the Zoning Ordinance so the change in exterior materials is not an issue. The exterior finish schedule does not indicate color for the exterior of the building, which is to be integral with the concrete panel as required by Section 20-17- 4.B.1.b(3) of the Zoning Ordinance. The Phase 2 expansion of the proposed building will be required to match the exterior appearance of the Phase 1 structure including exterior material, texture and color as a condition of approval. Subject to compliance with this stipulation, a separate future site and building plan review application will not be required for the Phase 2 expansion. Building Height. Buildings within the 1-2 District are allowed a maximum height of 35 feet. The height of the proposed building from finished floor to the top of the roof is 36.75 feet. There is a 1.75 foot parapet surrounding roof allowed by Section 20-17-3.A of the Zoning Ordinance. The proposed height of the building, which is the same as that of Building 5, complies with the height allowances of the 1-2 District. N Lot Requirements. The 1-2 District requires a minimum lot area of two acres and minimum width measured at the front yard setback line of 200 feet. The revised Fourth Addition Final Plat identifies Lot 2, Block 1 for the subject site and Lot 3, Block 1 for future Building #2, both of which exceed two acres in acre and 200 feet in width. Building coverage is also limited to 50 percent of the lot area. Building #3 will cover square foot Phase 1 building will cover 44.9 percent of the lot area when built out to 266,200 square feet. Setbacks. The following setbacks are applicable to the subject site within the 1-2 District and the proposed building and parking areas shown on the site plan comply. Access. The subject site is proposed to have two accesses to Queens Avenue, with the south driveway shared by easement with Lot 3, Block 1. Documents establishing ingress/egress easements over the shared driveway must be submitted and recorded with the amended Fourth Addition Final Plat. Queens Avenue is designated as a Commercial/Industrial Collector Street by the 2012 Comprehensive Plan. Access spacing to collector streets is required to be a minimum of 500 feet apart in accordance with Section 21-7-7.N of the Subdivision Ordinance. The two driveways shown on the site plan were established with the original Gateway North development stage plan at less than 500 feet apart because of topography that would cause the northerly driveway to have excessively steep slopes. The two proposed driveways provide for separation of automobile and semi -truck traffic to Building #3 and will not negatively affect Queens Avenue. The width of the driveways is 31 feet and adequate to allow semi tractor -trailer turning movements to and from Queens Avenue. Off -Street Parking/Loading. All off street parking and loading areas are paved with either asphalt or concrete surfaces and perimeter concrete curb is provided in accordance with Section 20-21-4 of the Zoning Ordinance. Section 20-21-9 of the Zoning Ordinance establishes the following calculation for the number of required off street parking stalls: Use Area Principal Buildin Parkin Office 1,494sf. TH 101 North Queens South Ave. TH101 Queens Interior Ave. Required 30ft. 20ft. 30ft. 20ft. 15ft. 15ft. Oft. Proposed 86ft. 65ft. 117 160ft. 35ft. 40ft. NA Access. The subject site is proposed to have two accesses to Queens Avenue, with the south driveway shared by easement with Lot 3, Block 1. Documents establishing ingress/egress easements over the shared driveway must be submitted and recorded with the amended Fourth Addition Final Plat. Queens Avenue is designated as a Commercial/Industrial Collector Street by the 2012 Comprehensive Plan. Access spacing to collector streets is required to be a minimum of 500 feet apart in accordance with Section 21-7-7.N of the Subdivision Ordinance. The two driveways shown on the site plan were established with the original Gateway North development stage plan at less than 500 feet apart because of topography that would cause the northerly driveway to have excessively steep slopes. The two proposed driveways provide for separation of automobile and semi -truck traffic to Building #3 and will not negatively affect Queens Avenue. The width of the driveways is 31 feet and adequate to allow semi tractor -trailer turning movements to and from Queens Avenue. Off -Street Parking/Loading. All off street parking and loading areas are paved with either asphalt or concrete surfaces and perimeter concrete curb is provided in accordance with Section 20-21-4 of the Zoning Ordinance. Section 20-21-9 of the Zoning Ordinance establishes the following calculation for the number of required off street parking stalls: Use Area Requirement (based on net sf) Required Stalls Office 1,494sf. 3 + 1 stall per 200sf. 10 Warehouse Phase 1 148,506sf. 1 stall / 1,000sf. 134 Phase 2 116,200sf. 105 Total 249 The site plan for the Phase 1 building provides 37 parking stalls for passenger vehicles (dimensioned at 9 feet by 18 feet with two foot overhang) and storage for 19 semi- trailers and 15 truck docks. The Phase 1 site plan also provides 79 proof -of -parking stalls along the north and east side of the building. The cumulative total of these stalls is 150 stalls (which would need to be configured dependent upon building occupancy and use) and will be adequate based on the use of the building. The Phase 2 expansion would add 35 passenger vehicle stalls and 84 loading docks and trailer storage spaces. The development agreement will include provisions enabling the City to require the of the proof -of -parking stalls as shown on the site plan to be constructed in the future if such a need is determined by the City. Snow Storage. Section 20-21-4.H.17 of the Zoning Ordinance requires that a plan for snow storage be developed for the subject site so that required parking stalls are not utilized for this purpose. City staff and the developer have discussed that snow would be removed from the off-street parking stalls, trailer storage and loading areas and deposited into the stormwater basins to the northeast and southeast of Building 3 and along TH 101 as necessary to maintain the site. Landscape Plan. The developer has submitted landscape plans showing tree plantings at north and east property lines of the subject site and adjacent to the north and east sides of the Phase 1 building consistent with the planned construction of the building. The area where the Phase 2 expansion will be added in the future is proposed to be seeded as an interim measure. Sodded areas within Phase 1 will require installation of irrigation in accordance with Section 5-7-3.B.4 of the City Code. The landscape plan is primarily for aesthetic purposes, but evergreen trees have been provided are the south east corner of the building to provide some measure of screening of the loading area and trailer storage on the south side of Building 3. This area will be visible however from Queens Avenue and TH 101 until such time as the Phase 2 of Building #3 is constructed and Building #2 is constructed. The proposed type and size of the plantings are consistent with the requirements of Section 20-16-7.0 of the Zoning Ordinance and appropriate for the subject site. Exterior Lighting. The developer has not submitted plans showing proposed exterior lighting of the subject site. Section 20-16-10 of the Zoning Ordinance establishes performance standards for exterior lighting limiting light cast to the property line abutting a public street to 1.0 foot-candle and at interior property line to 0.4 foot-candle. All exterior light fixtures must have a 90 degree horizontal cut-off and comply with the height limits established by Section 20-16-10.C.4 of the Zoning Ordinance. The developer must submit a photometric lighting plan indicating the type, location and height of all exterior light sources for review and approval by the Zoning Administrator. Signs. No plans for signs have been submitted for the proposed development. All signs must comply with Section 37 of the Zoning Ordinance and require issuance of a sign permit prior to placement upon the property. Sign permits are subject to review and approval by the Zoning Administrator. Trash Storage. Exterior storage of any waste or recycling containers must be within a secured enclosure in accordance with the requirements of Section 20-16-15.B of the Zoning Ordinance. The applicant indicates that trash handling for the proposed building will be handled internally. rd Grading Plan. Outlot A, Gateway North was mass graded as part of the initial development of the subject site and included establishment of stormwater basins as well as wetland buffer and mitigation areas, which is an on-going process. The developer has submitted a grading plan for development of Building 3 limited to the Phase 1 of that building. The grading plan and erosion control plans are subject to review and approval of the City Engineer. There is no stormwater impact charge applicable to the subject site in conjunction with the final plat. Utility Plan. The developer has submitted plans for connection of the proposed building to the City's sanitary sewer and water utilities and stormwater system. The utility plan illustrates the proposed fire hydrant locations and building coverage limits for fire protection, which are subject to review and approval of the Fire Marshal. The utility plans are subject to review and approval by the City Engineer. Chapter 6, Section 2 of the City Code establishes provisions for payment of utility availability charges at the time of final plat approval and connection charges at the time of building permit application. The development contract for Gateway North specified that the developer would pay utility availability and connection charges for two RECs per principal building. Easements. The proposed final plat illustrates drainage and utility easements at the perimeter of proposed Lot 2, Block 1 and Lot 3, Block 1 as well as overlying public utilities crossing each lot as required by Section 21-7-15 of the Subdivision Ordinance. All easements are subject to review and approval by the City Engineer. Amended Final Plat. The developer has submitted revised final plat for Gateway North Fourth Addition to subdivide Outlot A, Gateway North 2nd Addition into three buildable lots for Building #5, Building #3 and Building #2. The amended final plat includes four outlots for stormwater basins and existing wetlands. The proposed final plat is subject to review and approval by the City Engineer. Park and Trail Dedication. The initial final plat approval for Gateway North satisfied park and trail dedication requirements applicable to the entire development including future phases and outlots. As such, no park and trail dedication is required for the proposed Gateway North 4t" Addition Final Plat. Development Contract. The developer is required to enter into a development agreement with the City as a condition of approval for the current applications to provide for installation of required public and private improvements and payment of applicable fees. The City Attorney will draft the development contract as an addendum to the agreement already executed for Gateway North Fourth Addition for review and approval by the City Council concurrent with their action on the site and building plans, final plat and easement vacation applications. RECOMMENDATION The site and building plans for the proposed Building 3 and final plat of Gateway North Fourth Addition comes shortly after approvals for Building # 6 and Building #5 and is continues the buildout of the Gateway North Business Park consistent with the City's economic development goals and land use objectives outlined in the Comprehensive Plan. The proposed development of Building #3 complies with the requirements of the Zoning Ordinance and Subdivision Ordinance. City staff recommends approval of the applications as outlined below. POSSIBLE ACTIONS A. Motion to recommend City Council approval of the amended Gateway North Fourth Addition Final Plat, site and building plans for Gateway North Building #3 subject to the following conditions: The developer shall complete site and building improvements for Phases 1 and 2 in accordance with the submitted plans subject to any modifications required as a condition of approval. 2. The exterior finish materials shall comply with Section 20-17-4.B. 1.b(3) of the Zoning Ordinance utilizing integral color. The Phase 2 exterior materials shall be consistent with the Phase 1 building in terms of material type, color and texture and shall not require separate application for site and building plan application. 3. The developer shall submit documents establishing an ingress/egress easement over the shared driveway accessing Lots 2 and 3 Block 1, Gateway North Fourth Addition, subject to review and approval of City staff. 4. The development agreement shall include provisions enabling the City to require construction of proof -of -parking stalls as may be required for compliance with the Zoning Ordinance. 5. All turf grass and landscape plantings within Phase 1 shall require installation of irrigation in accordance with Section 5-7-3.B.4 of the City Code. 6. All signs must comply with Section 37 of the Zoning Ordinance and require issuance of a sign permit prior to placement upon the property, subject to review and approval by the Zoning Administrator. 7. All exterior lighting shall comply with Section 20-16-10 of the Zoning Ordinance and the developer must submit a photometric lighting plan I indicating the type, location and height of all exterior light sources for review and approval by the Zoning Administrator. 8. Exterior storage any waste or recycling containers other than a fully enclosed trash compactor accessible from the interior of the building shall be within a secured enclosure subject to the requirements of Section 20- 16-15.B of the Zoning Ordinance. 9. The submitted grading plan and erosion control plans are subject to review and approval of the City Engineer. 10. The submitted utility plans are subject to review and approval by the City Engineer. 11. The developer shall pay utility availability and connection charges for two RECs at the current fees in effect established by Section 2-4-2 of the City Code for Phases 1 and 2 of the proposed building in accordance with the development agreement for Gateway North. 12. Fire hydrant locations and access shall be subject to review and approval of the Fire Marshal and City staff. 13. All easements are subject to review and approval by the City Engineer. 14. 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I is O I I u l g$ l e l l Iia I..L I� F W I I I, �ZLAY.aYM o �6 R 2]H oz j/ 2 Q I 7 t- a� LewG - -- — zeals "f,esaas a1 \ 51� =ice . :� �_ ✓ / / I ° � 0- IA1N I I \ I •5 I h - I I \ I \ I II U �I � i l��� I Masa ao zn xras I J I I `� � A 6 JJ geg la a� IF-- 3i1 / BYll9 M.W,0006N ,.I4 P la I I✓; U �I � i I J I � A 6 P 18 0 a � A 6 JJ —3NI1 HJlt/W YS� Review No. 1 Hakanson 1"AlAnderson ENGINEERING REVIEW Industrial Lot for the City of Otsego by Hakanson Anderson Submitted to: Honorable Mayor and City Council cc: Lori Johnson, Administrator Tami Loff, City Clerk Dan Licht, City Planner Andy MacArthur, City Attorney Dale Emter, Director of Preconstruction, Duke Realty Mike Brandt, PE, Sambatek Reviewed by: Date: Proposed Development: Street Location of Property: Ronald J. Wagner, P.E. Brent M. Larson, P.E. September 8, 2014 Gateway North Business Center Building No. 3 6301 Queens Ave. NE Applicant: Duke Realty 1600 Utica Avenue South, Suite 250 Minneapolis; MN 55416 Developer: Duke Realty Owners of Record: Duke Realty Purpose: Construct a 150,064 gross square foot office/warehouse building with an additional 116,200 square foot expansion of the building planned expansion in the future on 13.64 acres in the City of Otsego, Wright County, Minnesota. The proposed development will be served with municipal water, sanitary sewer, storm sewer, and public streets typical of an urban industrial setting. Jurisdictional Agencies: City of Otsego, Wright County, Minnesota Department of (but not limited to) Health, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, Wright Soil and Water Conservation District. Permits Required: NPDES, Minnesota Department of Health (water), and (but not limited to) Minnesota Pollution Control Agency (sanitary sewer) TABLE OF CONTENTS INFORMATION AVAILIBLE SCHEMATIC DESIGN SET EXISTING CONDITIONS (C200) SITE PLANS (C201) GRADING PLANS (C202) UTILITY PLANS (C203) EROSION CONTROL PLAN PHASE 1 (C204) EROSION CONTROL PLAN PHASE 1 (C205) EROSION CONTROL DETAILS (C400) STREET AND UTILITY DETAILS (C401) STREET AND UTILITY DETAILS (C402) STORM SEWER AND HYDROLOGY CALCULATIONS OTHER CONSIDERATIONS SUMMARY AND/OR RECOMMENDATION INFORMATION AVAILABLE PAGE 2 C:\Users\Tami\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\L723WOXW\OT2267 04 REVIEW 1.doc Final Plat for Gateway North 4th Addition, by Sambatek Site Plan for Gateway North Business Center (Building #3), dated 9/5/14, by Sambatek Stormwater Management Plan for Gateway North Business Center Building #3, dated 9/4/14, by Sambatek. Previous Gateway North Additions' Information Final Plat for Gateway North 3rd Addition, by Sambatek Additional Information City of Otsego Engineering Manual City of Otsego Zoning and Subdivision Ordinances National Wetland Inventory Map FINAL PLAT PAGE 3 C:\Users\Tami\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\L723WOXW\OT2267 04 REVIEW 1.doc I . No Final Plat was provided. It has been discussed this lot will be added to Gateway North 4t" Addition. 2. Plat will need to be reviewed and approved by Wright County Surveyor. SCHEMATIC DESIGN SET - 9/5114 COVER SHEET 1. No cover sheet was provided. 2. Add a signature line and date line for City Engineer approval, Ronald J. Wagner, P.E. City Engineer. 3. The address for building #3 will be 6301 Queens Avenue. EXISTING CONDITIONS - SHEET C2.01 1. The following required information is missing from the existing conditions plan: a. Boundary lines to include bearings, distances, curve data, and total acreage of proposed plat, clearly indicated. b. Label widths of existing streets. C. Label size, and elevations of all existing sewers, water main, culverts, and other underground facilities within 150'. i. Water main stubs from Queens missing ii. Sewer stubs from Queens missing iii. Water main within lot to south missing iv. Water main connecting some of the hydrants missing. d. Identify by name and ownership adjacent property. e. Identify f, Show normal and 100 year flood elevations of storm pond to north and storm pond to south. g. Remove easements that will be platted as part of Building #3 h. Label as part of Outlot A Gateway North 3rd and remove existing labeling showing Outlot C, Block 1, and Lot 2 that do not correlate with existing conditions. i. Overtype at bottom of page between D & U easement labels and storm sewer labels j. Fiber optic line abruptly ends. SITE PLAN - SHEET C201 PAGE 4 C:\Users\TamMppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\L723WOXW\OT2267 04 REVIEW 1.doc 1. Remove removal of pavement for utility connection in Queens Avenue as water and sewer will be accessed from existing stubs outside of Queens Avenue, 2. Show signs which indicate One Way status for drive on west side of building. 3. Bituminous curb and no curb along the pavement to the south and west of the building is allowed understanding the staging the properties and buildings will be going through and that the ultimate design has concrete curb edging all asphalt. 4. Key note D and J are not arrowed to the correct location. GRADING PLAN - SHEET C202 1. As discussed in our preliminary review meeting, we would prefer the island curb be extended to the catch basin and asphalt flumes extended from the edge of asphalt to around the catch basins. 2. Remove dashed polygon line in Queens Avenue indicating saw cut for proposed water and sewer connections that we have determined can be served from other options. UTILITY PLAN SHEET C203 1. Arrows indicating location of water stubs in southwest corner of building need revision. Water line is pointed out as sewer and vice versa. No sanitary sewer line is proposed so note can be removed. 2. Note on MH 04 appears to be a remnant of a previous design and should be removed — located near SW corner of building. 3. Include coverage circle for relocated hydrant located at center of east side of building along Queens Avenue as it does provide fire coverage to the building. 4. Provide elevation for sanitary sewer stub near south east corner of building. 5. Provide easements around all hydrants as City crews will maintain hydrants.' EROSION CONTROL PLAN PHASE 1 SHEET C204 1. No Comments. EROSION CONTROL PLAN PHASE 2 SHEET C205 1. No Comments. PAGE 5 C:\Users\Tami\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\L723WOXW\OT2267 04 REVIEW 1.doc EROSION CONTROL DETAILS SHEET C400 No comments. STREET AND UTILITY DETAILS SHEET 401 No comments. STREET AND UTILITY DETAILS SHEET 402 No comments. STORM SEWER CALCULATIONS 1. No Comments. OTHER CONSIDERATIONS No Comments. SUMMARY AND/OR RECOMMENDATION We recommend approval contingent upon the above comments being addressed. PAGE 6 C:\Users\Tami\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\L723WOXW\OT2267 04 REVIEW 1.doc P CITY Ot�eoo MINNESOTA V APPLICANT: Duke Realty LP 09-17-14 FINDINGS & DECISION SITE AND BUILDING PLANS/ AMENDED FINAL PLAT APPLICATION: Request for approval of site and building plans for Building #3 and an amended final plat for Gateway North Fourth Addition. CITY COUNCIL MEETING: 22 September 2014 FINDINGS: Based upon review of the application, the recommendation of the Planning Commission, and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is Outlot A, Gateway North Third Addition, City of Otsego, County of Wright, State of Minnesota. B. The subject site is guided by the Comprehensive Plan for industrial land uses within the East Sewer District. C. The subject site is zoned 1-2, General Industrial District. D. The planning report dated 12 September 2014 prepared by the City Planner, The Planning Company LLC, is incorporated herein. E. The engineering review dated September 8, 2014 prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. F. The Otsego Planning Commission met at their regular meeting on 16 June 2014 to consider the application. Based upon review of the application and evidence received, the Otsego Planning Commission recommended by a 5-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED and is subject to the following conditions: The developer shall complete site and building improvements for Phases 1 and 2 in accordance with the submitted plans subject to any modifications required as a condition of approval. 2. The exterior finish materials shall comply with Section 20-17-4.B.1.b(3) of the Zoning Ordinance utilizing integral color. The Phase 2 exterior materials shall be consistent with the Phase 1 building in terms of material type, color and texture and shall not require separate application for site and building plan application. 3. The developer shall submit documents establishing an ingress/egress easement over the shared driveway accessing Lots 2 and 3 Block 1, Gateway North Fourth Addition, subject to review and approval of City staff. 4. The development agreement shall include provisions enabling the City to require construction of proof -of -parking stalls as may be required for compliance with the Zoning Ordinance. 5. All turf grass and landscape plantings within Phase 1 shall require installation of irrigation in accordance with Section 5-7-3.13.4 of the City Code. 6. All signs must comply with Section 37 of the Zoning Ordinance and require issuance of a sign permit prior to placement upon the property, subject to review and approval by the Zoning Administrator. 7. All exterior lighting shall comply with Section 20-16-10 of the Zoning Ordinance and the developer must submit a photometric lighting plan indicating the type, location and height of all exterior light sources for review and approval by the Zoning Administrator. 8. Exterior storage any waste or recycling containers other than a fully enclosed trash compactor accessible from the interior of the building shall be within a secured enclosure subject to the requirements of Section 20-16-15.13 of the Zoning Ordinance. 9. The submitted grading plan and erosion control plans are subject to review and approval of the City Engineer. 10. The submitted utility plans are subject to review and approval by the City Engineer. 11. The developer shall pay utility availability and connection charges for two RECs at the current fees in effect established by Section 2-4-2 of the City Code for Phases 1 and 2 of the proposed building in accordance with the development agreement for Gateway North. 12. Fire hydrant locations and access shall be subject to review and approval of the Fire Marshal and City staff. 13. All easements are subject to review and approval by the City Engineer. 14. The developer shall enter into a development agreement with the City to provide for installation of required public and private improvements and payment of applicable fees, subject to review by the City Attorney and approval of the City Council. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: 2 Attest: ADOPTED by the City Council of the City of Otsego this 22nd day of September, 2014. Tami Loff, City Clerk 3 CITY OF OTSEGO By: Jessica L. Stockamp, Mayor CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2014-63 RESOLUTION APPROVING DEVELOPERS AGREEMENT- GATEWAY NORTH FOURTH ADDITION, LOT 2, BLOCK 1 AND LOT 3, BLOCK 1 (GATEWAY NORTH BUILDING 3) WHEREAS, Duke Realty Limited Partnership is seeking approval of an amendment to the Plat known as GATEWAY NORTH FOURTH ADDITION creating LOT 2, BLOCK 1 and LOT 3, BLOCK 1; and WHEREAS, the approved Plat amendment requires construction of some public improvements and payment of City costs and fees as well as placing certain restrictions on the development in conjunction with the construction on LOT 2, BLOCK 1 of GATEWAY NORTH BUIDING 3; and WHEREAS, those obligations are contained and memorialized in the attached Developers Agreement; and WHEREAS, the Developers Agreement also sets forth the security required to assure satisfactory construction of public improvements and establishes the various remedies available to the City in the event that Developer breaches the terms and conditions of the Agreement. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego, Wright County, Minnesota as follows; 1. The attached Developers Agreement between the City of Otsego and Duke Realty Limited Partnership is hereby approved. 2. The Mayor and City Clerk are hereby authorized to execute the Developers Agreement on behalf of the City of Otsego. ADOPTED this 22nd day of September, 2014 by the City Council of Otsego. MOTION TO ADOPT the Resolution by Council Member and seconded by Council Member IN FAVOR: OPPOSED: CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk 2 DEVELOPMENT AGREEMENT LOT 2, BLOCK 1 AND LOT 3, BLOCK 1, GATEWAY NORTH FOURTH ADDITION (GATEWAY NORTH BUILDING 3) THIS AGREEMENT, entered into this day of September, 2014, by and between the CITY OF OTSEGO, a Minnesota municipal corporation ("CITY") and DUKE REALTY LIMITED PARTNERSHIP, a Limited Partnership under the laws of the State of Indiana ("DEVELOPER') RECITALS WHEREAS, DEVELOPER is the fee owner of a parcel of land described in the attached Exhibit A incorporated herein by reference, which parcel of land measuring approximately 13.64 acres ("Subject Property") is proposed to be final platted as LOT 2, BLOCK 1 and LOT 3, BLOCK 1, GATEWAY NORTH FOURTH ADDITION ("Final Plat") for development of a building, future expansion of such building and other related improvements ("Building 3"); and WHEREAS, this Agreement is an addendum to the Developers Agreement between CITY and DEVELOPER for GATEWAY NORTH FOURTH ADDITION previously executed by the parties, amending that Plat and setting forth additional securities, requirements, fees and conditions in addition to those contained in the original Developers Agreement; and WHEREAS, the Final Plat and Building is part of a Planned Unit Development ("PUD") for 109.71 acres of property rezoned on June 12, 2006 as I- 2 District with a Planned Unit Development; and WHEREAS, on September 20, 2007 the CITY and DEVELOPER entered into that certain Development Agreement Gateway North ("Master Development Agreement"); and WHEREAS, the Master Development Agreement requires that the DEVELOPER enter into additional Development Agreements with the CITY as a condition of approval of individual developments; and WHEREAS, in accordance with the Master Development Agreement, DEVELOPER and CITY hereby agree that Building 3 shall be developed on the Subject Property and within the Final Plat in accordance with the terms and conditions contained herein; and WHEREAS this Agreement serves as an addendum to the previously gpproved and executed Developers Agreement related to GATEWAY NORTH FOURTH ADDITION; and WHEREAS, the majority of the terms and conditions of this Agreement apply to Lot 2, Block 1 and Building 3, and certain terms and conditions of this Agreement apply to Lot 3, Block 1 since both lots are created by the current amendment to the Plat. When a building is constructed upon Lot 3, Block 1 a separate Agreement between DEVELOPER and CITY will be required to address specific issues related to that building; and NOW THEREFORE, in consideration of the promises and mutual promises hereinafter contained, it is agreed between the parties as follows: Development Plans. Building 3 shall be developed on the Subject Property in accordance with the plans the cover sheet of which is attached to this Agreement as Exhibit B dated September 5, 2014 and signed by the City Engineer on file and of record at CITY and herein fully incorporated herein by reference and the conditions stated below (hereinafter the "Building 3 Development Plans"). If the Building 3 Development Plans vary from the written terms of this Agreement, the Building 3 Development Plans shall control. Further, in the event of any conflict or variance between the Building 3 Development Plans and IJ the Development Plans (as defined in the Master Development Agreement), the Building 3 Development Plans shall control. 2. Municipal Improvements. The Building 3 Development Plans include certain Municipal Improvements as set forth on the attached Exhibit C. 3. Building 3 Private Improvements. The DEVELOPER or any future owner of the Subject Property ("Future Owner") agrees that it shall cause to be constructed and installed certain private improvements ("Private Improvements") on the Subject Property. All Private Improvements are to be installed at DEVELOPER'S or Future Owner's sole cost and expense pursuant to this Agreement and shall include those improvements shown on the Building 3 Development Plans. DEVELOPER or Future Owner shall construct such Private Improvements in accordance with all applicable building codes, ordinances and CITY standards and the Building 3 Development Plans furnished to the CITY and approved by the City Engineer. The DEVELOPER shall obtain all necessary permits before construction of Building 3. CITY shall provide adequate field inspection personnel to assure acceptable quality control, which will allow certification of the construction work. Within thirty (30) days after the completion of Building 3 and before any security is released (as more fully set forth in the Master Development Agreement), the DEVELOPER or Future 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. 4. Grading, Landscaping and Drainage. The DEVELOPER or Future Owner shall be responsible for grading, landscaping and storm water management on the Subject Property as more fully set forth in this Agreement and the Building 3 Development Plans and Building 3 Landscaping Plan. A. Landscaping. DEVELOPER or Future Owner shall maintain the sod and landscape of boulevard areas adjacent to the Subject Property as shown in the Building 3 Development Plans through at least one growing season and to the reasonable satisfaction of CITY. The long term maintenance of sod and landscaping of boulevard areas shall be the responsibility of DEVELOPER or any Future Owner after purchase of the Subject Property. Further, 3 DEVELOPER shall be responsible for mowing, elimination of weeds and removal of any garbage or debris on the Subject Property. B. Erosion Control. The erosion control plan for the Subject Property within the Building 3 Development Plans has been reviewed and approved by CITY and shall be implemented by DEVELOPER prior to grading of the Subject Property. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after completion of work in that area. If DEVELOPER does not comply with the erosion control plan and schedule or any erosion control requirements, CITY may, with reasonable notice, take action as it deems appropriate in accordance with all applicable laws, ordinances or regulations or according to this Agreement. C. Grading Plan. Grading of the Subject Property shall be in accordance with the approved Grading Plan as provided in the Building 3 Development Plans. 5. Pre -Construction Activity. DEVELOPER shall schedule a pre - construction meeting with CITY to review the proposed schedule for grading and construction of Building 3 and related improvements as set forth on the Building 3 Development Plans, and to coordinate the schedule with the City Engineer. 6. Ownership of Improvements. Upon completion of the work and construction required b this Agreement improvements lying within public easements on the Subject Property 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 easements, including necessary ingress and egress access to future lots. 7. Clean Up. DEVELOPER shall promptly clean any and all dirt and debris from streets resulting from construction work by DEVELOPER, its agents or assigns during the work and construction required by this Agreement. 8. AUAR. DEVELOPER has completed and AUAR (Alternative Urban Areawide Review) affecting the Subject Property that the CITY approved on June 26, 2006. DEVELOPER shall comply with all terms and conditions of CITY approval of the AUAR and implement any and all actions or mitigation required by CITY approval. 0 9. Administrative Fee. A one-time fee for CITY administration of this Project is one (1%) percent of estimated construction costs or $2,992.00. 10. Park and Trail Dedication. Park and Trail dedication requirements for GATEWAY NORTH FOURTH ADDITION were satisfied with the Final Plat of GATEWAY NORTH as set forth in the Master Development Agreement. 11. Storm Water Fees. No Storm Water Fees are applicable to the Final Plat as set forth in the Master Development Agreement. 12. Sewer Availability Charges. The Sewer Availability Charges for Lot 2, Block 1 and Lot 3, Blockl are as follows: Four (4) RECs at $2,200.00 per REC = $8,800.00. 13. Sewer Connection Fees. Sanitary sewer connection fees are paid at the time of issuance of a building permit. At the time of connection, Building 3 shall pay two (2) RECs at the current fee rates in effect at the time of Building 3 building permit approval, and any building on Lot 3, Block 1 shall pay two (2) RECS at the time a building permit is issued. 14. Water Availability Charges. The Water Availability Charges for Lot2, Block 1 and Lot 3, Block 1 are as follows: Four (4) RECs at $1,566.00 per REC = $6,264.00.00. 15. Water Connection Fees. Water connection fees are paid at the time of issuance of a building permit. At the time of connection, Building 3 shall pay two (2) RECs at the current fee rates in effect at the time of Building 3 building permit approval, and any building on Lot 3, Block 1 shall pay two (2) RECs at the time a building permit is issued. 16. Street and Traffic Control Sign Fees. The fee amount was calculated as follows: 0 signs at $250.00 per sign or $00.00. Using these funds, CITY shall purchase and install the street and traffic control signs. 17. CITY Engineering, Engineering Administration, Construction Observation, and Legal Fee Escrow and City Fees. DEVELOPER shall pay escrow for the CITY'S engineering, engineering administration and construction observation services of Municipal Improvements as set forth on Exhibit C, following execution of this agreement, in the estimated amount set forth below. City engineering administration will include consultation with DEVELOPER and its W1 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 service estimated to be three percent (3%) of the estimated construction cost of the improvements to be inspected, assuming normal construction and project scheduling. 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 the Municipal Improvements and will be billed at hourly rates actually required for said inspection 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, CITY will notify DEVELOPER of anticipated cost overruns for engineering administration and observation services. The Escrow and Fee account for Building 3 shall include estimated escrow for City Engineering, Engineering Administration and Construction Observation limited to the Municipal Improvements expenses and Legal expenses, and fees for City Administrative, Street and Traffic Control Signs, Water and Sewer Availability Charges as follows: ESCROW AND FEES City Construction Administration and Inspection Escrow $23,938.00 (estimated 8% of $299,225.00, actual billings to be paid) Legal Fees (1% of $299,225.00, actual billings to be paid) $ 2,992.00 City Administration Fees (1% of $299,225.00) $ 2,992.00 Street & traffic control sign Fees (0 at $250.00 per sign) $ 00.00 Sewer Availability Charge Fees (4 RECs at $2,200 per REC) $8,800.00 Water Availability Charge Fees (4 RECs at $1,566 per REC) $6,264.00 TOTAL $ 44,986.00 These Escrow and Fee amounts shall be submitted to CITY prior to CITY executing this Agreement. Any Escrow amounts not utilized for legal and engineering charges incurred by the City under this 2 Agreement shall be returned to DEVELOPER when all improvements have been completed, all financial obligations to CITY satisfied, and all required "as -built " plans have been received by CITY. Engineering, planning and legal fees incurred prior to the execution of this Agreement shall be deducted from escrow already submitted with the Plat application or charged against the escrow herein established. All other amounts listed as one-time fees are non-refundable and available immediately for CITY use when posted. 18. Security. To ensure compliance with the terms of this Agreement, and construction of all Municipal Improvements, DEVELOPER shall furnish CITY with a cash escrow or Irrevocable Standby Letter of Credit in the amount of $501,758.91, said amount calculated as follows: Site Grading, Erosion Control & Wetland Protection $ 18,300.00 Sanitary Sewer- Lateral $ 34,150.00 Watermain- Lateral $187,100.00 Storm Sewer- Lateral $ 57,375.00 Streets $ 20,600.00 Engineering & Surveying Construction Services $ 23,382.13 Landscaping $ 60,500.00 SUBTOTAL $401,407.13 TOTAL SECURITY ($401,407.13 x 125%) $501,758.91 The issuer and form of the security (other than cash escrow) shall be subject to CITY approval, which approval shall not be unreasonably withheld. The security shall be issued by a banking institution in good standing as determined by CITY and approved by the City Administrator. CITY shall have the ability to draw on the Security by overnight courier delivery to the bank or branch bank issuing the Letter of Credit. 7 The security shall be for a term ending October 1, 2015 and shall contain an automatic renewal provision. CITY may draw down the security for any violation of the terms of this Agreement, or upon receiving notice of the pending expiration of the security. It shall be the responsibility of DEVELOPER to inform CITY at least thirty (30) days prior to expiration of the security of the impending expiration and the status of the Project relative to the security and this Agreement. If, for whatever reason, the security lapses prior to complete compliance with this Agreement (other than during any warranty period), DEVELOPER shall immediately provide CITY with either an extension of the security or an irrevocable letter of credit of the same amount upon notification of the expiration. If the required improvements are not completed at least thirty (30) days prior to the expiration of the security, CITY may also draw down the security. CITY may draw down the security for any violation of the terms of this Agreement (after any reasonable notice to DEVELOPER and cure periods). If the security is drawn down, the proceeds shall be used to cure any default. CITY will, upon making determination of final costs to cure any default, refund to the DEVELOPER any monies which CITY has in its possession which are in excess of the security needed. Upon receipt of proof satisfactory to CITY that work has been completed and financial obligations to CITY have been satisfied, the security will be reduced from time to time down to the amount of warranty security as set forth in paragraph 19 of this Agreement. The security shall not be reduced below ten percent (10%) of the posted security until all improvements have been completed, all financial obligations to CITY satisfied (which includes posting of warranty security), and required "as built" plans have been received by CITY. The intent of this Agreement that CITY shall have access to sufficient security, either security or warranty security, to complete the Project and insure warranty on all public improvements. The security amount shall be submitted to CITY prior to execution of the Agreement. 19. Warranty. DEVELOPER warrants all work required to be performed by it against poor material and faulty workmanship for a period of one (1) year after its completion and acceptance by CITY. The amount of posted security for public improvements to be posted by DEVELOPER shall be in the amount of $ 48,333.75. 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 the public improvements. 20. Restrictions. The following restrictions apply to the Subject 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 all conditions imposed by CITY in this Agreement are properly recorded against the Final Plat. Said conditions shall run with the real property and be binding upon all parties having a right, title or interest in the Subject Property or any part thereof, their heirs, executors, representatives, successors and assigns: A. DEVELOPER shall record, prior to or at the time of sale or transfer of any property within the Plat an access easement as approved by City staff overlying the shared driveway for the Subject property Lot 2, Block 1 GATEWAY NORTH 4TH ADDITION allowing for ingress/egress to Lot 3, Block 1,GATEWAY NORTH 4TH ADDITION. The shared driveway shall be constructed to standards as set forth by the Building 3 Development Plans. B. DEVELOPER shall designate on the Building 3 Development Plans proof of parking stalls for future construction. Upon a decision by Cfty staff that the number of constructed off-street parking stalls are inadequate for the use of the site, evidence of parking upon adjacent public streets by employees or others, or that a deficiency in available parking results in traffic difficulties upon public streets, nuisance conditions or unreasonably burdens and affects surrounding properties or the public in general DEVELOPER shall upon reasonable notice immediately construct additional parking stalls within the designated area. The number of required additional stalls shall be determined by City staff in accordance with applicable CITY codes and ordinances. Failure to timely provide the additional parking when required will be a breach of this Agreement. 21. Responsibility for Costs. A. Except costs for Internal Improvements (as defined in the Master Development Agreement) and except as otherwise set forth herein and in the Master Development Agreement, DEVELOPER shall pay all costs incurred by it or CITY in conjunction with the development of Building 3 on the Subject Property, including, but not limited to E legal, planning, engineering, and inspection expenses in connection with the development of said Building 3. B. DEVELOPER shall hold CITY and its officers, employees and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from DEVELOPER's acts or failures to act in connection with development of the Subject Property by DEVELOPER. DEVELOPER shall indemnify CITY and its officers, employees and agents for all costs, damages or expenses which CITY may pay or incur in consequence of such claims, including attorney's fees. C. DEVELOPER shall reimburse CITY for costs incurred in the enforcement of this Agreement, including engineering fees, planning fees, attorney's fees, and costs and disbursements. CITY shall reimburse DEVELOPER for costs incurred in the enforcement of this Agreement, including engineering fees, attorney's fees, and costs and disbursements. D. DEVELOPER shall pay in full all bills submitted to it by 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 DEVELOPER does not reasonably dispute the payment of amount of such bill CITY may either reimburse itself from existing Escrow or Security or may halt all Building 3 development work and construction 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. 22. Miscellaneous. A. Third parties shall have no recourse against CITY under this Agreement. B. 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. C. The action or inaction of CITY or DEVELOPER 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. [0] CITY's or DEVELOPER's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. D. 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 Subject Property or any part thereof, their heirs, successors and assigns. E. Each right, power or remedy herein conferred upon CITY or DEVELOPER is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to CITY or DEVELOPER, 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 CITY or DEVELOPER and shall not be a waiver of the right to exercise at anytime thereafter any other right, power or remedy. F. DEVELOPER shall pay for all local costs related to drainage improvements required to complete the construction of Building 3 on the Subject Property according to the Building 3 Development Plans. Local costs are costs related required internal drainage improvements such as retention ponds. G. Should development of Building 3 proceed at a pace slower than anticipated, and for that reason, specific terms of this Agreement become onerous or unduly burdensome to DEVELOPER, upon DEVELOPER's application, CITY will enter into negotiations regarding those specific terms and shall not unreasonably withhold consent to appropriate changes in the terms of this Agreement. H. DEVELOPER shall demonstrate and maintain compliance with the 1991 Wetland Conservation Act. I. DEVELOPER shall be responsible for all on site drainage for the Subject Property, as well as for any affects their actions may have on adjoining properties. 23. Violation of Agreement. If while the escrow or security provided in 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 DEVELOPER, CITY may draw upon the DEVELOPER's escrow or 11 security to cure any violation of the Agreement and to reimburse CITY for any costs incurred in curing the violation. 24. 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 Subject Property. In the event that 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 CITY or such longer period as may reasonably necessary or in the event of an emergency as shorter time period as determined by CITY, CITY may, upon notifying DEVELOPER undertake making or causing it to be repaired or maintained. When CITY undertakes such repair, DEVELOPER shall reimburse CITY for all its reasonable expenses within thirty (30) of its billing to DEVELOPER. If DEVELOPER fails to pay said bill within thirty (30) days, the security shall be responsible for reimbursing CITY. 25. Non -Assignment Without Consent. The obligations of DEVELOPER under this Agreement may be assigned by DEVELOPER if the assignment is approved by CITY. However, DEVELOPER shall not be released from its obligations under this Agreement without the express written consent of the City Council through Council resolution. 26. Subordination. This Agreement must be recorded against the Subject Property and all other liens, interests or mortgages shall be subordinate to the terms and conditions this Agreement and said Agreement shall not be subject to foreclosure by any other lien, interest or mortgage. 27. Notices. Required notices to DEVELOPER shall either hand delivered to DEVELOPER, it employees or agents, or mailed to DEVELOPER by registered mail or sent by overnight delivery at the following address: Duke Realty Limited Partnership, c/o Duke Realty Corporation, Attn: Dale Emter, 1600 Utica Avenue South, Suite 250, St. Louis Park, MN 12 55416 with a copy to Lisa Starcevich, Duke Realty Corporation, 9377 West Higgins Road, Suite 600, Rosemont, IL 60018. Notice to 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, 13400 90th Street NE, Otsego, MN 55330, Attention: City Clerk. 28. Agreement Effect. This Agreement shall be binding and extend to the respective representatives, heirs, successors and assigns of the parties hereto. 29. Amendment. This Agreement shall be amended only by addendum executed by both parties to this Agreement. 13 IN WITNESS WHEREOF, DEVELOPER and CITY have executed this Agreement as of the day and year above first written. CITY OF OTSEGO, A municipal corporation Jessica Stockamp, Mayor Tami Loff, City Clerk DUKE REALTY LEVHTED PARTNERSHIP, An Indiana limited partnership BY: Duke Realty Corporation, its General Partner By: Steven W. Schnur Senior Regional Vice President, Midwest Region 14 STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) On this day of September, 2014, before me personally appeared Jessica Stockamp and Tami Loff to me known as 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 said instrument was signed on behalf of said municipal corporation by authority of its City Council and said Jessica Stockamp and Tami Loff acknowledged said instrument to be the free act and deed of said municipal corporation. NOTARY PUBLIC STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) On this day of September, 2014, before me personally appeared Steven W. Schnur to me known as the person described in the foregoing instrument and who did say he is the Senior Regional Vice President 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 Senior Regional Vice President acknowledged said instrument to be the free act and deed of said entity. NOTARY PUBLIC 15 EXHIBIT A LEGAL DESCRIPTION OF THE SUBJECT PROPERTY LOT 2, BLOCK 1 and LOT 3, BLOCK 1 OF GATEWAY NORTH FOURTH ADDITION according to the Final Plat on file and of record at the Office of the County Recorder, Wright County, Minnesota. 16 10,14261 I: C DEVELOPMENT PLANS FOR THE SUBJECT PROPERTY Site Development Plans for Gateway North Business Center Building 3 by WRA dated September 5, 2014 and approved by CITY September 22, 2014, cover sheet attached. 17 EXHIBIT C- MUNICIPAL IMPROVEMENTS Attached. 18