RES 15-10CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2015-10
RESOLUTION APPROVING DEVELOPERS AGREEMENT- OTSEGO
WATERFRONT EAST FIFTH ADDITION
WHEREAS, WFC, III, LLC is seeking approval of a Plat known as OTSEGO
WATERFRONT EAST FIFTH ADDITION, and
WHEREAS, the approved Plat requires construction of some public
improvements and payment of City costs and fees as well as placing certain
restrictions on the development; 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 WFC
III, LLC 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 26 day of January, 2015 by the City Council of Otsego.
MOTION TO ADOPT the Resolution by Council Member Darkenwald
and seconded by Council Member Warehime
IN FAVOR: Heidner, Darkenwald, Warehime, Schroeder
OPPOSED: None
CITY OF OTSEGO
Vern Heidner, Acting Mayor
Tami Loff, City Clerk
"-I'
DEVELOPMENT AGREEMENT
OTSEGO WATERFRONT EAST FIFTH ADDITION
THIS AGREEMENT, entered into this day of February, 2015 by and
between the CITY OF OTSEGO, a Minnesota municipal corporation ("CITY')
and WFC III, LLC, a limited liability company under the laws of the State of
Minnesota ("DEVELOPER")
RECITALS
WHEREAS, DEVELOPER has proposed construction of a building
(Waterfront Commons III Building) to be constructed on LOT 2, BLOCK 1
OTSEGO WATERFRONT EAST FIFTH ADDITION; and
WHEREAS, DEVELOPER is the fee owner the parcels of land described
and newly consolidated as OTSEGO WATERFRONT EAST FIFTH ADDITION,
which plat measures approximately 4.60 acres; and
WHEREAS, LOT 2, BLOCK 1 is proposed for development of an office
building, and other related improvements; and
WHEREAS, the Final Plat and an existing and the new building are
subject to a Planned Unit Development District ("PUD") by Ordinance adopted by
the City Council on November 10, 2003 and a PUD Development Stage Plan for
Otsego Waterfront East approved on June 10, 2004; and
WHEREAS, the PUD Development Stage Plan for Otsego Waterfront East
requires that the DEVELOPER enter into additional Development Agreements
with the CITY as a condition of approval of individual developments; and
WHEREAS, the building and improvements on LOT 2, BLOCK 1 shall be
constructed, maintained and operated in accordance with the PUD and the
Development Stage Plan for Otsego Waterfront East and the terms and conditions
contained herein; and
WHEREAS, the CITY and the previous owner GCI Capital, Inc. entered
into a certain agreement dated June 29, 2011 and recorded at the Wright County
Recorder's Office as Document No. Al 178736 and subsequently assigned to Main
Street Otsego Development, LLC by Agreement dated February 25, 2013 which
provides for the CITY to pay out certain Development Incentives upon
construction of buildings upon the property meeting certain valuation thresholds;
and
WHEREAS, the Development Incentives have been transferred to
DEVELOPER.
NOW THEREFORE, in consideration of the promises and mutual promises
hereinafter contained, it is agreed between the parties as follows:
1. Development Plans. The Building shall be developed on LOT 2,
BLOCK 1 in accordance with the plans the cover sheet of which is
attached to this Agreement as Exhibit B dated 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 Development Plans"). If the Building
Development Plans vary from the written terms of this Agreement, the
Building Development Plans shall control.
2. Municipal Improvements. The Building Development Plans include
certain Municipal Improvements as set forth on the attached Exhibit C.
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
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expense pursuant to this Agreement and the private improvements to
LOT 2, BLOCK 1 shall include those improvements shown on the
Building 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 Development Plans
furnished to the CITY and approved by the City Engineer. The
DEVELOPER shall obtain all necessary permits before construction of
the Building. 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 and before any security is released, 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 as for LOT 2, BLOCK 1 only the Building
Development Plans and Landscaping Plan.
A. Landscaping. DEVELOPER or Future Owner shall maintain the
sod and landscape of boulevard areas adjacent to LOT 2, BLOCK 1
as shown in the Building Development Plans through at least one
growing season and to the 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 LOT 2, BLOCK 1. Further, DEVELOPER shall be responsible
for mowing, elimination of weeds and removal of any garbage or
debris on LOT 2, BLOCK 1.
B. Erosion Control. The erosion control plan for LOT 2 within the
Building Development Plans has been reviewed and approved by
CITY and shall be implemented by DEVELOPER prior to grading
of LOT 2. 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.
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C. Grading Plan. Grading of LOT 2 shall be in accordance with the
approved Grading Plan as provided in the Building 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 the building and related improvements as
set forth on the Building Development Plans, and to coordinate the
schedule with the City Engineer.
6. Ownership of Improvements. Upon completion of the work and
construction required by 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 and existing lots.
7. Clean Up. DEVELOPER shall promptly clean any and all dirt and
debris fiom streets resulting from construction work by DEVELOPER,
z its agents or assigns during the work and construction required by this
Agreement.
8. Administrative Fee. A one-time fee for CITY administration of the
development is one (1%) percent of estimated construction costs or
$1,500.00.
9. Park and Trail Dedication. Park and Trail dedication requirements for
OTSEGO WATERFRONT EAST FIFTH ADDITION were satisfied
with the Final Plat of OTSEGO WATERFRONT EAST.
10. Storm Water Fees, and Storm Water Basin. No Storm Water Fees are
applicable to the Final Plat. Pursuant to MPCA updated requirements
for infiltration, DEVELOPER shall construct on adjacent CITY
property (Outlot A) an additional storm water basin for purposes of
meeting the updated requirements. DEVELOPER shall be charged
$6,000.00 for a perpetual utility, drainage and ponding easement on the
CITY property. The amount of the easement may be deducted from any
incentive payments due from the CITY at such time as they are
achieved under the terms and conditions of the original Agreement
between the CITY and GCI Capital. The location and description of this
storm water basin is hereby attached as Exhibit D. Additionally,
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DEVELOPER shall install additional landscaping on the east side of the
basin adjacent to the existing trail which conforms to the CITY's
landscape plan for the park and subject to approval by the City Planner.
DEVELOPER and/or its successors in title shall be responsible for
ongoing maintenance repair and upkeep of the storm water basin at no
cost to the CITY. The terms and conditions of the perpetual easement,
DEVELOPER's responsibilities for costs and CITY remedies shall all
be included in the easement document which will be prepared by CITY
and recorded at the same time as this Agreement and the Plat.
11. Sewer Availability Charges. The Sewer Availability Charges for the
Plat are as follows: 3.25 acres x 3.5 RECs per acre = 11.375 RECs at
$2,200.00per REC = $25,025.00. Sewer Availability Charges are
subject to possible reductions against CITY incentive payments if
ultimately achieved by DEVELOPER.
12. Sewer Connection Fees. Sanitary sewer connection fees are paid at the
time of issuance of a building permit. The sewer connection fees shall
be determined at the time that building plans are submitted and
reviewed by CITY. Sewer connection fees are subject to possible
reductions against CITY incentive payments if ultimately achieved by
DEVELOPER.
13. Water Availability Charges. The Water Availability Charges for the
Plat are as follows: 3.25 acres x 3.5 RECs per acre= 11.375 RECs
$1,566.00 per REC = $17,813.25. Water availability charges are subject
to possible reductions against CITY incentive payments if ultimately
achieved by DEVELOPER.
14. Water Connection Fees. Water connection fees are paid at the time of
issuance of a building permit. The water connection charges shall be
determined at the time that building plans are submitted and reviewed
by CITY. Water connection fees are subject to possible reductions
against CITY incentive payments if ultimately achieved by
DEVELOPER.
15. Street and Traffic Control Sign Fees. The fee amount for the Subject
Property 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.
16. CITY Engineering, Engineering Administration, Construction
Observation, and Legal Fee Escrow and City Fees. DEVELOPER
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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
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 $8,180.00
(estimated 8% of $102,200.00, actual billings to be paid)
Legal Fees (actual billings to be paid) $1,500.00
City Administration Fees (flat fee) $1,500.00
Street & traffic control sign Fees (0 at $250.00 per sign) $00.00
Sewer Availability Charge (I 1.375RECs at $2,200 per REC)$25,025.00
Water Availability Charge (11.375 RECs at $1,566 per REC)$17,813.25
0
Drainage, Utility and Ponding Easement $6,000.00
TOTAL $60,018.25
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
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.
17. 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 $187,944.38, said amount calculated as follows:
Site Grading, Erosion Control & Wetland Protection $6,900.00
Sanitary Sewer- Lateral $00.00
Watermain- Lateral $13,025.00
Storm Sewer- Lateral $8,900.00
Streets $80,275.00
Engineering & Surveying Construction Services $8,755.00
Landscaping $ 32,500.00
SUBTOTAL $150,355.50
TOTAL SECURITY ($150,355.50 x 125%) $187,944.38
The issuer and form of the security (other than cash escrow) shall be
subject to CITY approval, which approval shall not be unreasonably
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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.
The security shall be for a term ending December 31, 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 18 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.
18. 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 $9,758.75. 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.
19. 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 recording the
Plat and this Agreement cross access and shared parking easements
as approved by City staff overlying LOTS I & 2, BLOCK 1
OTSEGO WATERFRONT EAST 5TH ADDITION and LOT 1,
BLOCK I OTSEGO WATERFRONT EAST.
B. DEVELOPER shall record, prior to or at the time of recording the
Plat and this Agreement easements to the CITY allowing use of the
parking lot and pedestrian sidewalks within the Plat for access and
use related to park purposes.
20. Development Incentive Payments. Pursuant to Agreement between
CITY and GCI Capital, Inc. dated June 29, 2011 recorded at the Office
of the Wright County Recorder as Document No. A1178736 and
subsequent Agreement between the CITY and Mainstreet Otsego
Development, LLC which rights were conveyed to DEVELOPER
regarding incentive payments, DEVELOPER may be eligible for certain
Incentive Payments upon construction of buildings upon the property
meeting the Value Thresholds as set forth in the original CITY- GCI
Capital, Inc. Agreement above. In the event that the Value Thresholds
are met, CITY shall provide credits against Sewer Availability Charges,
Water Availability Charges, Sewer Connection Fees, Water Connection
Fees to the extent of the credit earned. DEVELOPER shall submit into
escrow the fees as set forth above pursuant to this Agreement and at
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time of issuance of building permit will pay into escrow applicable
Sewer Connection Fees and Water Connection Fees to be retained by
CITY until and if the Value Thresholds are met. In the event that
DEVELOPER does not meet the Value Thresholds, CITY will retain all
funds submitted.
21. Responsibility for Costs.
A. Except costs for Developer's Internal Improvements, DEVELOPER
shall pay all costs incurred by it or CITY in conjunction with the
development of the Plat and building, including, but not limited to
legal, planning, engineering, and inspection expenses in connection
with the development and said Building.
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 fiom 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.
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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.
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 Subject 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 the Plat and
building according to the Building Development Plans. Local costs
are costs related to required internal drainage improvements such as
retention ponds.
G. Should development of the Plat or building 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.
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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
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
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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:
WFC III, LLC, Attn:
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 th
delivery at the following address: City of Otsego, City Hall, 13400 90
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.
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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
WFC III, LLC,
A Minnesota limited Liability Company
By:
Its
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STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
On this day of February, 2015 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 February, 2015, before me personally appeared
to me known as the person described in the foregoing
instrument and who did say he is the of WFC III, LLC and that
said instrument was signed on behalf of WFC III, LLC with authority and on
behalf of the company and said
to be the free act and deed of said entity.
NOTARY PUBLIC
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acknowledged said instrument
EXHIBIT A
LEGAL DESCRIPTION OF THE SUBJECT PROPERTY
OTSEGO WATERFRONT EAST FIFTH ADDITION, according to the Final Plat
on file and of record at the Office of the County Recorder, Wright County,
Minnesota.
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DEVELOPMENT PLANS FOR THE SUBJECT PROPERTY
Development Plans for OTSEGO WATERFRONT EAST FIFTH ADDITION by
Loucks Associates dated , 2015 and approved by CITY ,
2015, cover sheet attached.
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EXHIBIT C- MUNICIPAL IMPROVEMENTS
Attached.
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EXHIBIT D
DESCRIPTION OF PERMANENT DRAINAGE, UTILITY AND
PONDING EASEMENT
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