Item 3.6 Meadows of Otsego 2nd Addition
Request for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE:
Planning City Planner Licht 24 March 2025
PRESENTER(s) REVIEWED BY: ITEM #:
Consent City Administrator/Finance Director Flaherty
City Engineer Wagner
City Attorney Kendall
3.6 – Meadows of Otsego 2nd
Addition
STRATEGIC VISION
MEETS: THE CITY OF OTSEGO:
Is a strong organization that is committed to leading the community through innovative communication.
X Has proactively expanded infrastructure to responsibly provide core services.
Is committed to delivery of quality emergency service responsive to community needs and expectations in a
cost-effective manner.
X Is a social community with diverse housing, service options, and employment opportunities.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends the City Council approve a final plat and development contract.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
Yes No
BACKGROUND/JUSTIFICATION:
US Homes, LLC (d/b/a Lennar) is requesting final plat approval of The Meadows of Otsego 2nd Addition consisting of 64
single family lots. The preliminary plat for the subdivision was approved by the City Council on 23 August 2021.
▪ Comprehensive Plan. The 2023 Otsego Comprehensive Plan includes the subject site within the East Sewer
District and guides the area for low density residential uses at 3.0 dwelling units per acre or less. The gross
density of the proposed 131 single family lots is 1.42 dwelling units per acre and net density is 2.48 dwelling
units per acre. The proposed subdivision of single family lots served by sanitary sewer and water utilities is
consistent with the 2012 Comprehensive Plan.
▪ Zoning. The subject site is zoned R-4, Residential Urban Single Family District, which allows single family
dwellings as a permitted use. A PUD-CUP was approved with the preliminary plat application to allow
for a modification of certain lot requirements.
▪ Preliminary Plat Consistency. The final plat consists of 64 single family lots accessed via public streets in a
layout consistent with the approved preliminary plat.
▪ Lot Requirements. The preliminary plat and PUD-CUP approval establishes the minimum lot requirements
shown in the table below for the proposed final plat. The lots abutting existing one acre lots zoned R-3
District within LIN-BAR Estates are subject to the lot requirements of the R-4A District in accordance with
Section 11-66-8 of the Zoning Ordinance.
Lot
Area
Lot
Width
Lot
Depth
Setbacks
Front Side Rear 70th St.
(CSAH 38)
Wetland
Buffer
All lots except in
row below
Interior 12,000sf.
75ft. 100ft. 35ft. 10ft. 20ft. 65ft.
20ft.
Corner 100ft.
Lots 1-4, Block 6
Lots 1-18, Block 7
Lot 1, Block 8
Interior 18,000sf. 100ft. 135ft.
Corner 130ft.
▪ Streets. The proposed lots will be accessed by local public streets that are 28 feet wide with concrete curb
and gutter within a 60 foot wide right-of-way with a sidewalk along one side. The developer is required to
remove the temporary cul-de-sac at the terminus of Odell Avenue and restore the adjacent yards and
driveways.
The developer will pay for fabrication and installation of all street signs as stated in the development contract.
Section 8-8-4 of the City Code specifies installation of street lighting for new subdivisions at the corners of
intersecting streets, midblock locations for blocks longer than 900, and the terminus of cul-de-sac streets. The
number and location of proposed street lights is subject to review and approval of the City Engineer. The
development contract provides for payment of the street light operation fee of as established by the City
Code.
All street construction plans, street signs, and street lighting are subject to review and approval by the City
Engineer.
▪ Landscaping. Section 11-19-2.B of the Zoning Ordinance requires installation of two shade trees per lot. The
builder for the house on each lot will install the required landscaping. A security for the landscaping will be
collected at the time of building permit for each lot.
▪ Easements. The final plat illustrates drainage and utility easements at the perimeter of each single family lot.
All drainage and utility easements are subject to approval of the City Engineer.
▪ Stormwater Management. The developer has submitted grading and drainage plans for the proposed final
plat. All grading, drainage, and erosion control plans are subject to review and approval by the City Engineer.
▪ Utilities. The developer has submitted utility plans for the proposed final plat that are subject to review and
approval by the City Engineer. The developer is required to pay Utility Availability Charges at the time of final
plat approval as outlined in the Development Contract. Utility connection charges are to be paid by the
builder when a building permit is issued for each lot in accordance with the fee schedule in effect at that time.
▪ Park Dedication. The preliminary plat includes the condition that the developer satisfy park dedication
requirements by payment of a cash fee in lieu of land per lot as set forth by Section 10-8-15.G of the
Subdivision Ordinance. Park dedication fees as set forth by the City’s fee schedule for the final plat will be
required to be paid at the time the development contract is executed.
▪ Outlots. The proposed final plat does not include any outlots.
▪ Development Contract. The City Attorney has drafted a Development Contract to be executed by the
developer to provide for completion of all public improvements, establishment of required securities, and
payment of applicable fees. The Development Contract is to be approved by resolution of the City Council
concurrent with the final plat approval.
▪ Recording. Section 11-5-3-B.8 of the Subdivision Ordinance requires recording of the final plat within 100
days of City Council approval. The City Clerk will record the final plat and Development Contract upon receipt
of the fees and securities required by the development contract.
SUPPORTING DOCUMENTS ATTACHED:
• Final Plat (3 sheets)
• Findings of Fact and Decision; Final Plat
• Resolution 2025-13 approving a Development Contract
• Development Contract
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to approve the Meadows of Otsego 2nd Addition final plat subject to the conditions stated on the Findings of
Fact and Decision as presented and adopt Resolution 2025-13 approving a Development Contract.
BUDGET INFORMATION
FUNDING: BUDGETED:
Fund 701 – Development Escrow
N/A
THE MEADOWS OF OTSEGO 2ND ADDITION
Meyer-Rohlin
SHEET 1 OF 3 SHEETS
PRELIMINARY - FOR CITY REVIEW - 01/14/2025
THE MEADOWS OF OTSEGO 2ND ADDITION
Meyer-Rohlin
SHEET 2 OF 3 SHEETS
PRELIMINARY - FOR CITY REVIEW - 01/14/2025
THE MEADOWS OF OTSEGO 2ND ADDITION
Meyer-Rohlin
SHEET 3 OF 3 SHEETS
PRELIMINARY - FOR CITY REVIEW - 01/14/2025
1
FINDINGS OF FACT & DECISION
THE MEADOWS OF OTSEGO 2ND ADDITION
FINAL PLAT
APPLICANT: US Homes, LLC (d/b/a Lennar)
APPLICATION: Request for final plat approval of The Meadows of Otsego 2nd Addition.
CITY COUNCIL MEETING: 24 March 2025
FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now
makes the following findings of fact:
A. The legal description of the property is Outlot C, The Meadows of Otsego, City of Otsego, Wright
County, Minnesota.
B. The property lies within the East Sewer District and is guided for Low Density Residential land uses
by the 2023 Otsego Comprehensive Plan.
C. The property is zoned R-4, Residential Single Family District.
D. The applicant is requesting final plat approval of 64 single family lots.
E. The Request for Council Action dated 24 March 2025 prepared by the City Planner, The Planning
Company LLC, is incorporated herein.
F. Final plat applications are processed in accordance with Section 10-3-3 of the Subdivision
Ordinance and do not require a recommendation by the Planning Commission.
DECISION: Based on the foregoing information and applicable ordinances, the request is hereby
APPROVED, subject to the following stipulations:
1. The applicant shall execute a development contract as drafted by the City Attorney and subject
to approval of the City Council.
2. All of the lots within the final plat shall comply with following minimum lot area, minimum lot
width, and setback requirements:
2
Lot
Area
Lot
Width
Lot
Depth
Setbacks
Front Side Rear 70th St.
(CSAH
38)
Wetland
Buffer
All lots except in
row below
Interior 12,000sf.
75ft. 100ft. 35ft. 10ft. 20ft. 65ft.
20ft.
Corner 100ft.
Lots 1-4, Block 6
Lots 1-18, Block
7
Lot 1, Block 8
Interior 18,000sf. 100ft. 135ft.
Corner 130ft.
3. All street design and construction plans, street signs, and street lighting shall be subject to review
and approval of the City Engineer.
4. Landscaping as required by Section 11-19-2.B.1 of the Zoning Ordinance shall be installed by the
builder at the time of construction.
5. All grading, drainage, and erosion control plans shall be subject to review and approval by the City
Engineer.
6. The developer shall pay Stormwater Impact Fees for Lefebvre Creek upon approval of the final
plat.
7. All utility plans shall be subject to review and approval of the City Engineer.
8. The applicant shall pay applicable utility availability charges upon approval of the final plat and
the builder shall pay utility connection charges at the time a building permit is issued for each lot
based on the current fee in effect at that time.
9. All easements shall be subject to review and approval of the City Engineer.
10. The developer shall satisfy park and trail dedication requirements as a cash fee in lieu of land per
lot based on the City’s current fee schedule.
11. The final plat shall be recorded within 100 days of City Council approval as required by Section 10-
5-3.B.8 of the Subdivision Ordinance.
(remainder of page intentionally blank signatures follow)
3
ADOPTED by the Otsego City Council this 24th day of March, 2025.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
__________________________________
Jessica L. Stockamp, Mayor
ATTEST:
__________________________________
Audra Etzel, City Clerk
1
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2025-13
APPROVING A DEVELOPMENT CONTRACT FOR
THE MEADOWS OF OTSEGO 2ND ADDITION
WHEREAS, US Homes, LLC (d/b/a/ Lennar)(the “owner”) is proposing the final plat of The Meadows of Otsego 2nd Addition;
and
WHEREAS, a final plat for the development was approved by the City Council on 24 March 2025; 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 agreement; and
WHEREAS, those obligations are outlined and memorialized in the attached Development Contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA THAT:
1. The Development Contract attached hereto between the City of Otsego and US Homes, LLC (d/b/a Lennar) is hereby
approved in form subject to modification of fees, charges, and securities as approved by City staff.
2. The Mayor and City Clerk are hereby authorized to execute the Development Contract on behalf of the City of Otsego.
2
ADOPTED by the City Council of the City of Otsego this 24th day of March, 2025.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
__________________________________
Jessica L. Stockamp, Mayor
ATTEST:
__________________________________
Audra Etzel, City Clerk
1
234882v8
The Meadows of Otsego 2nd Addition
(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
THE MEADOWS OF OTSEGO 2ND ADDITION
CONTRACT dated ____________________, 2025, by and between the CITY OF OTSEGO, a
Minnesota municipal corporation (“City”), and U.S. HOME, LLC, a Delaware limited liability company (the
“Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for THE MEADOWS OF OTSEGO 2ND ADDITION (referred to in this Contract as the "plat"). The land is
situated in the County of Wright, State of Minnesota, and is legally described as:
Outlot C, The Meadows of Otsego, Wright County, Minnesota, according to the recorded
plat thereof.
[Platted as The Meadows of Otsego 2nd Addition, Wright County, Minnesota.]
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within one hundred (100) days after the City Council approves the
final plat.
2
234882v8
The Meadows of Otsego 2nd Addition
3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade
or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City
Engineer following approval of a preliminary plat by the City Council, construct sewer lines, water lines,
streets, utilities, public or private improvements, or any buildings until all the following conditions have been
satisfied: 1) this contract has been fully executed by both parties and filed with the City Clerk, 2) the
necessary security has been received by the City, 3) the necessary insurance for the Developer and its
construction contractors has been received by the City, and 4) the plat has been filed with the Wright
County Recorder or Registrar of Titles’ office.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent phases may not proceed until
Development Contracts for such phases are approved by the City. Park dedication charges referred to in
this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved
preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed
when the outlots are final platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into
lots and blocks and outlots, within two (2) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For five (5) years from the date of this Contract, no
amendments to the City’s Comprehensive Plan or official controls shall apply to or affect the use,
development density, lot size, lot layout or dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in
this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with
any amendments to the City’s Comprehensive Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
3
234882v8
The Meadows of Otsego 2nd Addition
7. 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 twenty five percent (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 6 above.
8. 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 C - Plans and Specifications for Public Improvements
Plan D - Street Lighting Plan
Plan E - Landscape Plan
9. 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
4
234882v8
The Meadows of Otsego 2nd Addition
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
inspectors. The Developer shall provide for on-site project management. The Developer 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
5
234882v8
The Meadows of Otsego 2nd Addition
submit a written notice to the City certifying that the monuments have been installed following site grading,
utility and street construction.
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
11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it
will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy
themselves with regard to the elevation of groundwater in the area and the level of effort needed to
perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all
applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations
permits shall also be strictly followed.
12. TIME OF PERFORMANCE. The Developer shall install all required public improvements
by November 30, 2025, with the exception of the final wear course of asphalt on streets and landscaping.
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
6
234882v8
The Meadows of Otsego 2nd Addition
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 seventy-five percent (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 seventy five percent (75%) build out. Upon final completion of streets and
acceptance by the City as a City street rather than a private drive, the Developer shall guarantee to the City
for a period of two (2) years the streets have been constructed to City standards. The warranty period shall
not commence until such time as street construction is completed 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
7
234882v8
The Meadows of Otsego 2nd Addition
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 thirty (30) days upon receipt of written notice, the City may draw down the letter of credit to pay
any costs. No development, utility or street construction will be allowed and no building permits will be
issued unless the plat is in full compliance with the approved erosion control plan.
16. GRADING. The plat shall be graded in accordance with the approved grading development
and erosion control plan, Plan “B”. The plan shall conform to City of Otsego specifications. Within thirty
(30) days after completion of the grading and before the City approves individual building permits (except
three (3) model home permits on lots acceptable to the Building Official), the Developer shall provide the
City with an “as-constructed” grading plan certified by a registered land surveyor or engineer that all storm
water treatment/infiltration basins and swales, have been constructed on public easements or land owned
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.
8
234882v8
The Meadows of Otsego 2nd Addition
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, upon thirty (30) days written notice, enter the lot, perform the work, and apply the cash
escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as-built survey,
the escrow funds, without interest, less any draw made by the City, shall be returned to the person who
deposited the funds with the City.
A certified as-built building pad survey must be submitted and approved for commercial, industrial
or institutional developments prior to issuance of a building permit.
17. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any
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 $296,979.50 which is due upon final plat approval. The security amount shall be one
hundred twenty five percent (125%) of the City Engineer’s estimated cost of all public improvements and/or
private improvements required by the Subdivision Ordinance or Zoning Ordinance.
9
234882v8
The Meadows of Otsego 2nd Addition
The Developer shall pay a cash fee in the amount of $77,443.30 for the Trunk Storm Water
Management Impact Fee for the Lefebvre Creek Watershed due upon final Plat Approval, calculated as
follows:
25.3 Gross Acres X $3,061/Gross Acre = $77,443.30
20. LATERAL 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 $452,812.00 for construction of Lateral and Trunk
Sanitary Sewer which is due upon final plat approval. The security amount shall be one hundred twenty
five percent (125%) of the City Engineer’s estimated cost of all public improvements and/or private
improvements required by the Subdivision Ordinance or Zoning Ordinance. The City shall provide the
Developer a credit as determined by the City Engineer in the amount of $1,865.00 from the SAC cash fee
for the cost of extra depth sanitary sewer over portions of the site to facilitate sewer connection to Lin Bar
Estates to the south and west of The Meadows of Otsego 2nd Addition plat.
The Developer shall pay a cash fee in the amount of $193,271.00 for the Sewer Availability Charge
(“SAC”) at the time of plat approval, calculated as follows:
64 RECs X $3,049/REC = $195,136.00 less $1,865.00 = $193,271.00
21. LATERAL WATERMAIN. The Developer shall post a security in the amount of
$471,580.91 for the construction of lateral watermain and connection. The security amount shall be one
hundred twenty five percent (125%) of the City Engineer’s estimated cost of all public improvements and/or
private improvements required by the Subdivision Ordinance or Zoning Ordinance.
The Developer shall pay a cash fee in the amount of $245,120.00 for the Water Availability Charge
(“WAC”) at the time of plat approval which is calculated as follows:
64 REC X 3,830/REC = $245,120.00
10
234882v8
The Meadows of Otsego 2nd Addition
22. SEWER CONNECTION CHARGE AND WATER CONNECTION CHARGE. The
Developer shall pay to the City required water and sewer connection charges. The water and sewer
connection charges shall be collected per Section 8-1-6-C of City Code for all uses and must be paid prior
to the issuance of a building permit based on the fee schedule in effect at the time of application for the
building permit.
23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and public street construction is restricted to access the subdivision as approved by the
City Engineer.
24. PARK DEDICATION. The Developer shall pay a cash contribution of $252,800.00 in
satisfaction of the City’s park dedication requirements. The charge was calculated as follows:
64 Dwelling Units X $3,950.00/Dwelling Unit = $252,800.00
25. WETLAND, STREET, AND TRAFFIC CONTROL SIGNS. The Developer shall pay a
cash fee to the City in the amount of $7,000.00 for installation of traffic control signs. The fee is calculated
as follows: twenty-eight (28) traffic signs at $250.00 per street sign.
26. STREET LIGHT OPERATION COSTS. The Developer shall be responsible for the cost of
street light installation consistent with a street lighting plan approved by the City. The Developer shall pay
to the City $3,000.00 in payment of the first two years of operating costs for street lights
27. LANDSCAPING. The Developer or lot purchaser shall plant least two (2) trees on every lot
in the plat, one of which must be planted in the front yard. Trees that are chosen by the Developer or
property owner cannot cause a public nuisance, such as cotton producing trees, or trees that may become
a public hazard due to insect infestation or weak bark. The minimum deciduous tree size shall be two and
one-half (2½) inches caliper, balled and burlapped. Evergreen trees must be at least eight feet (8’) tall.
The trees may not be planted in the right-of-way. The Developer or lot purchaser shall sod the front
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
11
234882v8
The Meadows of Otsego 2nd Addition
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, upon thirty (30) days
written notice, 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.
Landscaping shall be installed in accordance with the approved landscape plan. The
Developer shall post a $10,750.00 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
March 24, 2025.
B. All street design and construction plans, street signs, and street lighting shall be subject to
review and approval of the City Engineer.
C. Landscaping as required by Section 11-19-2. B1 of the Zoning Ordinance shall be installed by
the Developer at the time of construction.
D. All grading, drainage, and erosion control plans shall be subject to review and approval by the
City Engineer.
12
234882v8
The Meadows of Otsego 2nd Addition
E. The Developer shall pay Stormwater Impact Fees for Lefebvre Creek upon approval of the final
plat.
F. All utility plans shall be subject to review and approval of the City Engineer.
G. The Developer shall pay applicable utility availability charges upon approval of the final plat and
the Developer shall pay utility connection charges at the time a building permit is issued for
each lot based on the current fee in effect at that time.
H. All easements shall be subject to review and approval of the City Engineer.
I. The final plat shall be recorded within 100 days of City Council approval as required by Section
10-5-3.B.8 of the Subdivision Ordinance.
J. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of
the proposed property to be platted with all property corner monumentation in place and marked
with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the
survey. The Developer's land surveyor certifies that all irons have been set following site
grading and utility and street construction. In addition, the certificate of survey must also
include a certification that all irons for a specific lot have either been found or set prior to the
issuance of a building permit for that lot.
K. The Developer shall pay an escrow for the preparation of record construction drawings and City
base map updating. This fee is $100.00 per acre for a total charge of $2,530.00.
L. 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
13
234882v8
The Meadows of Otsego 2nd Addition
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 due upon execution of this Agreement), Trunk Water and Sewer Access Fees
(a flat fee due upon execution of this Agreement), Park and Trail Dedication Fees (a flat fee due upon
execution of this Agreement), and shall be as stated by the Financial Summary.
14
234882v8
The Meadows of Otsego 2nd Addition
This escrow amount shall be submitted to the City prior to the City executing this Agreement.
All administrative and legal fees related to plan review, drafting of this Agreement and any other necessary
items shall be paid to the City prior to execution of this Agreement. Any amounts for legal and engineering
not utilized from this escrow fund shall be returned to the Developer when all improvements have been
completed, all financial obligations to the City satisfied, and the required "as constructed" plans have been
received by the City.
All other amounts listed as flat fees are non-refundable and available immediately for City use
when posted.
30. SECURITY. To ensure compliance with the terms of this Contract, and construction of all
public improvements, and satisfaction of all other obligations, the Developer shall furnish the City with a
cash escrow or Irrevocable Standby Letter of Credit with automatic renewal provisions in the amount as
required under this Contract. The security amount shall be one hundred twenty five percent (125%) of the
City Engineer’s estimated cost of all public improvements and/or private improvements required by the
Subdivision Ordinance or Zoning Ordinance. The Developer shall provide an additional security equal to six
and one-half (6.5%) of the estimated cost of the required public and/or private improvements for use by the
City for the purpose of assuming responsibility for design, bidding, and construction administration of the
required improvement in the event of a default by the Developer as provided for by this contract.
The issuer and form of the security (other than cash escrow) shall be subject to City approval in its
reasonable discretion. The security shall be issued by a banking institution in good standing as determined
by the City and approved by the City Administrator. The City shall have the ability to draw on the security at
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, unless the issuer shall provide written notice of non-
renewal to the City at least sixty (60) days prior to the expiration date of the letter of credit (a "Issuer Notice
of Non- Renewal"). If the Developer does not replace such security with substitute security meeting the
15
234882v8
The Meadows of Otsego 2nd Addition
requirements hereof and reasonably acceptable to the City within thirty (30) days after the Issuer Notice of
Non-Renewal, then the City may draw down the security and hold the proceeds thereof as security for the
performance of the obligations of Developer hereunder. It shall be the responsibility of the Developer to
inform the City at least thirty (30) days prior to expiration of the security of the impending expiration and the
status of the project relative to the security and this Agreement. If, for whatever reason, the security lapses
prior to complete compliance with this Agreement (other than during any warranty period), the Developer
shall immediately provide the City with either an extension of the security or an irrevocable letter of credit of
the same amount upon notification of the expiration. The City may draw down the security for any other
violation of the terms of this Agreement, which violation remains uncured after delivery of any required
notice hereunder and expiration of the applicable cure period. If the security is drawn down the proceeds
shall be used to cure any default and the balance held as security for the performance of any remaining
obligations of the Developer hereunder.
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
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
16
234882v8
The Meadows of Otsego 2nd Addition
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 & Trunk $452,812.00
B. Watermain - Lateral 471,580.91
C. Storm Sewer - Lateral 296,979.50
D. Streets 633,467.84
CONSTRUCTION SUB-TOTAL $1,854,840.25
OTHER COSTS:
A. Engineering & Surveying Construction Services (6.5%) $120,564.62
B. Landscaping 10,750.00
OTHER COSTS SUB-TOTAL $131,314.62
TOTAL – SUBTOTAL $1,986,154.87
TOTAL IRREVOCABLE LETTER OF CREDIT $2,482,693.58
FOR SECURITY (125% OF SUBTOTAL
ESCROW
A. City Legal Expenses (Est. 1.0% of $1,854,840.25) $18,548.40
B. City Construction Observation (Est. 8.0% of $1,854,840.25) 148,387.22
C. GIS Data Entry Fee 2,530.00
ESCROW TOTAL $169,465.62
This breakdown is not a restriction on the use of the security.
32. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City prior to the City Council signing the
final plat:
A. City Administrative (Est. 1.0% of $1,854,840.25) $18,548.40
B. Trunk Sewer Access Fee (SAC) 193,271.00
C. Trunk Water (WAC)(with credit included) 245,120.00
17
234882v8
The Meadows of Otsego 2nd Addition
D. Trunk Storm Water Management Impact Fee 77,443.30
E. Park And Trail Dedication 252,800.00
F. Wetland, Street &Traffic Control Signs 7,000.00
G. Street Lights 3,000.00
TOTAL CASH REQUIREMENTS $797,182.70
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 $67,921.80
B. Watermain 70,737.14
C. Storm Sewer 44,546.93
C. Streets 109,100.00
D. Erosion & Sedimentation Control 16,000.00
TOTAL WARRANTY RETAINAGE FROM LETTER OF CREDIT $308,305.87
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.
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
18
234882v8
The Meadows of Otsego 2nd Addition
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
("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, and the failure of Developer to cure such default within thirty (30)
19
234882v8
The Meadows of Otsego 2nd Addition
days after delivery of written notice from the City (a "Developer Default") the City may, at its option,
perform the work and the City may then draw down the security established in Paragraph 31 to pay for
any work undertaken. This notice provision does not apply if the work performed by the City or its
contractors is of an emergency nature, as determined at the reasonable discretion of the City. Should
such emergency work be required the City will make all reasonable efforts to notify the Developer as
soon as possible. When the City does any such work, the City may, in addition to its other remedies,
assess the cost in whole or in part. 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.
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, 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.
20
234882v8
The Meadows of Otsego 2nd Addition
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for
any reason held invalid, such decision shall not affect the validity of the remaining portion of this
Contract.
E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior
to issuance of any building permits.
F. If building permits are issued prior to the acceptance of public improvements, the Developer
assumes all liability and costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its contractors, subcontractors,
material men, employees, agents, or third parties. No sewer and water connections or
inspections may be conducted and no one may occupy a building for which a building permit is
issued on either a temporary or permanent basis until the streets needed for access have been
paved with a bituminous surface and the utilities are accepted by the City Engineer, unless a
specific exception is approved 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
21
234882v8
The Meadows of Otsego 2nd Addition
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 finally accepted
the public improvements, such insurance as shall protect Developer and its general contractor
and the City for work covered by the Contract including workers’ compensation claims and
property damage, bodily and personal injury which may arise from operations under this
Contract, whether such operations are by Developer and its general contractor or anyone
directly or indirectly employed by either of them. The minimum amounts of insurance shall be
as follows:
Commercial General Liability (or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
Automobile Liability
$2,000,000 Combined Single Limit – Bodily Injury & Property Damage
Including Owned, Hired & Non-Owned Automobiles
Workers Compensation
Workers’ Compensation insurance in accordance with the statutory requirements of the
State of Minnesota, including Employer’s Liability with minimum limits are as follows:
• $500,000 – Bodily Injury by Disease per employee
22
234882v8
The Meadows of Otsego 2nd Addition
• $500,000 – Bodily Injury by Disease aggregate
• $500,000 – Bodily Injury by Accident
The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”.
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.
23
234882v8
The Meadows of Otsego 2nd Addition
K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to
every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and
remedy herein set forth or otherwise so existing may be exercised from time to time as often
and in such order as may be deemed expedient by the City and shall not be a waiver of the
right to exercise at any time thereafter any other right, power or remedy.
L. The Developer may not assign this Contract without the written permission of the City Council.
The Developer's obligation hereunder shall continue in full force and effect even if the
Developer sells one or more lots, the entire plat, or any part of it, until the City’s issuance of a
Certificate of Completion and Release.
M. Retaining walls over four feet in height shall be constructed in accordance with plans and
specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be filed
with the Building Official evidencing that the retaining wall was constructed in accordance with
the approved plans and specifications. All retaining walls identified on the development plans
and by special conditions referred to in this Contract shall be constructed before any other
building permit is issued for a lot on which a retaining wall is required to be built. All retaining
walls must comply with the City’s engineering manual and the City’s zoning ordinance.
N. Should the Developer convey any lot or lots in the Development to a third party, the City and the
owner of that lot or those lots may amend this Development Contract or other city approvals or
agreements for development or use of those lots without the approval or consent of the
Developer or other lot owners in the Development. Private agreements between the owners of
lots within the Development for shared service or access and related matters necessary for the
efficient use of the Development shall be the responsibility of the lot owners and shall not bind
or restrict City authority to approve applications from any lot owner in the Development.
24
234882v8
The Meadows of Otsego 2nd Addition
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
by certified mail in care of the City Administrator at the following address: Otsego City Hall, 13400 90th
Street NE, Otsego, Minnesota 55330.
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
25
234882v8
The Meadows of Otsego 2nd Addition
CITY OF OTSEGO
BY: ___________________________________________
Jessica L. Stockamp, Mayor
(SEAL)
AND __________________________________________
Audra Etzel, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ________ day of ______________,
2025, 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
26
234882v8
The Meadows of Otsego 2nd Addition
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 ______________,
2025, 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
27
234882v8
The Meadows of Otsego 2nd Addition
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
_______________________________________________________, which holds a mortgage on
the subject property, the development of which is governed by the foregoing Development Contract, agrees
that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage.
Dated this _____ day of ____________, 2_____.
______________________________________
______________________________________
STATE OF MINNESOTA )
)ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of ________________,
2_____, by __________________________________________________________________________.
________________________________________
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
28
234882v8
The Meadows of Otsego 2nd Addition
[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.
DEMAND(S) FOR PAYMENT MAY ALSO BE MADE BY FACSIMILE TRANSMISSION TO ________ OR
SUCH OTHER FAX NUMBER AS (NAME OF ISSUING BANK) MAY IDENTIFY IN A WRITTEN NOTICE TO
YOU. TO THE EXTENT PRESENTATION IS MADE BY FACSIMILE TRANSMISSION YOU MUST PROVIDE
TELEPHONE NOTIFICATION THEREOF TO (NAME OF ISSUING BANK) AT TELEPHONE NUMBER:
_________ PRIOR TO OR SIMULTANEOUSLY WITH THE SENDING OF SUCH FACSIMILE
TRANSMISSION. HOWEVER, THE ABSENCE OF SUCH TELEPHONE CONFIRMATION AS DESCRIBED
ABOVE DOES NOT AFFECT OUR OBLIGATION TO HONOR SUCH DRAWING, IF SUCH DRAWING IS
OTHERWISE IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS IRREVOCABLE LETTER
OF CREDIT. IF DEMAND FOR PAYMENT IS MADE BY FAX, PRESENTATION OF ORIGINAL
DOCUMENTS IS NOT REQUIRED.
OR
DEMAND(S) FOR PAYMENT TO BE MADE VIA EMAIL TO _______________. PRESENTATION OF
ORIGINAL DOCUMENTS IS NOT REQUIRED.
29
234882v8
The Meadows of Otsego 2nd Addition
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 ______________________________