98-09CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION APPROVING CONTINGENT
ACCEPTANCE OF STREETS FOR
HERITAGE HILLS PLAT
Resolution No. 98-9
WHEREAS, the City of Otsego has previously entered into a Development
Agreement, dated June 5, 1997, with Heritage Landing Development concerning that plat.
known as Heritage Hills; and
WHEREAS, the City Engineer has inspected the Heritage Hills plat and
development thereon and has, by letter dated March 17, 1998, indicated that the streets
have been inspected and are ready for acceptance by the City as city streets subject to the
conditions hereinafter set forth; and
WHEREAS the Developer has still not yet fully complied with the conditions of
street acceptance as set forth in the above -referenced Development Agreement and
Subsequent correspondence from the City Engineer; and
WHEREAS, the Developer has requested Council action to accept the streets, and
has represented that all controversies regarding payment between the Developer and its
contractors and subcontractors have been resolved.
NOWTHERFORE BE IT RESOLVED, by the Otsego City Council that the
Heritage Hills streets are hereby accepted, subject to the following terms and conditions:
n
1. Developer must first provide the City with lien waivers on the balance of the
project.
2. Developer must provide a warranty letter of credit to the City in the amount of
$63,635.00.
3. Developer must state in writing its agreement to a second warranty year for
certain road work, which would be covered by a letter of credit in the amount of
$20,000.
4. Developer must provide satisfactory written assurance to the City that all claims
relative to construction of improvements within the plat have been satisfactorily
resolved.
5. Upon satisfaction of these conditions, and with approval thereon from the City
Attorney, the City Clerk shall be authorized and directed to communicate the City
Council's acceptance of the Heritage Hills streets to Developer.
Dated: March 23, 1998
Larry e , Mayor
City df Otsego
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