RES 15-17CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2015-17
RESOLUTION APPROVING DEVELOPERS AGREEMENT- WILSON
PRESERVE
WHEREAS, CBR Development, LLC and Christine M. Wilson are seeking
approval of a Plat known as WILSON PRESERVE, 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 CBR
Development, LLC and Christine M. Wilson 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 9th day of March, 2015 by the City Council of Otsego.
MOTION TO ADOPT the Resolution by Council Member Heidner
and seconded by Council Member Warehime
IN FAVOR: Stockamp, Heidner, Warehime, Schroeder
OPPOSED: None
CITY OF OTSEGO
JesWca Stockamp, Mayor
Tami Loff, City Clerk
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EXHIBIT A
The Southwest Quarter of the Northeast Quarter of Section 21, Township 121, Range 23, Wright County,
Minnesota except the following described parcel:
All that part of the West 355 feet of the Southwest Quarter of the Northeast Quarter of Section 21,
Township 121, Range 23 lying North of a line described as beginning at a point on the West line of said
Southwest Quarter of the Northeast Quarter a distance of 712 feet North of the Southwest corner
thereof; thence East at right angles to said West line to intersect the East line of said West 355 feet and
there terminating.
DEVELOPMENT AGREEMENT
WILSON PRESERVE
AGREEMENT entered into this _
Otsego ("City"), a municipal corporation
Minnesota, and CBR Development, LLC,
("Developer").
_ day of March, 2015 between the City of
organized under the laws of the State of
a Minnesota Limited Liability Company
1. Request for Plat Approval. The Developer has requested that the City
approve a plat entitled WILSON PRESERVE (referred to in this Agreement
as "the Plat") and legally described as follows:
See Exhibit A.
The plat contains (10) single family residential lots and one (1) outlot. The plat is zoned R-
3, Residential Long Range Urban Service District as approved by Ordinance 2015 -XX
adopted by the City Council on March 9, 2015.
2. Conditions of Plat Approval. The City hereby approves the plat on
condition that the Developer enter into this Agreement, furnish the security required by it,
and record the Plat with the Wright County Recorder or Registrar of titles within one
hundred (100) days after the City Council approves the final plat. The Developer shall
cooperate with the City in recording the Plat and all required additional deeds and
documents and providing assurance that the Plat and all required documents have been
properly and timely recorded. Any restrictive covenants for the Plat shall be submitted to
the City Attorney for approval and shall be recorded prior to sale of any lots within the Plat.
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3. bight to Proceed. Within the Plat or land to be platted, the Developer may
not grade or otherwise disturb the earth, remove trees, construct sewer lines, storm sewers,
water lines, streets, utilities, public or private improvements, or any buildings or structures
until all the following conditions have been satisfied: 1) this Agreement has been fully
executed by both parties and filed with the City Clerk, and all conditions contained in the
Agreement have been met, 2) the necessary security has been received by the City, 3) the
Plat and this Agreement have been recorded with the Wright County Recorder's Office, 4)
The Developer has initiated and attended a pre -construction meeting with the City Engineer,
and 5) the Zoning Administrator has issued a letter that all conditions have been satisfied
and that the Developer may proceed; or until such time as approval to commence earlier
construction is specifically approved by the City, and Developer has fully complied with all
conditions set forth by City staff.
4. Sanitary Sewer Service Allocation. Sanitary sewer service is not available
to the ten (10) lots within the Plat. Subsurface sewage treatment systems shall be provided
for each lot in accordance with Chapter 4, Section 3 of the Otsego City Code.
5. Changes in Official Controls. WILSON PRESERVE is a planned and
staged development within the meaning of Minn. Stat. 462.358, Subd. 3c, and no
amendment to the City's Comprehensive Plan or other Official Controls shall apply to or
affect the use, development density, lot size, lot layout, or platting requirements for future
phases of WILSON PRESERVE for a period of five (5) years. Thereafter, notwithstanding
anything in this Agreement 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, other
Official Controls enacted after the date of this Agreement. This provision does not apply to
regulations or Official Controls related to park and trail dedication or any fee established by
the City chargeable to the Developer for municipal costs arising from said future phases.
6. Development Plans. The Plat shall be developed in accordance with the
plans on file at the office of the City Clerk and the conditions stated below. If the plans vary
from the written terms of this Agreement, the written terms shall control. The plans are:
Plan A Final Plat, WILSON PRESERVE, dated 2015
prepared by Meyer Rohlin Land Services.
Plan B Grading, Drainage, and Erosion Control Plan prepared by Civil
Engineering Site Design and as finally approved by the City Engineer.
Plan C Construction Plans for WILSON PRESERVE, prepared by Civil
Engineering Site Design and as finally approved by the City Engineer.
Plan D Specifications for WILSON PRESERVE, prepared by Civil
Engineering Site Design and as finally approved by the City Engineer.
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7. Improvements. The Developer shall install and/or pay for the following:
A. Streets
B. Street lights
C. Site grading and ponding
D. Underground installation of all utilities
E. Storm water management improvements
F. Setting of lot and block monuments
G. Construction surveying and staking
H. Traffic control signs
Improvements shall be installed in accordance with City standards, the City
Code, and the above -referenced plans that have been furnished to the City and approved by
the City Engineer. The Developer shall obtain all necessary permits before proceeding with
construction. The City shall provide adequate field inspection personnel to assure
acceptable quality control, which will allow certification of the construction work. The City
may, when reasonably required to do so, and at the Developer's expense, have one (1) or
more City inspectors and a qualified engineer inspect the work. Within thirty (30) days
after the completion of the improvements and before all retained security is released, the
Developer shall supply the City with a complete set of reproducible "as constructed" and an
electronic file of the "as constructed" plans in AutoCAD.DWG file or a .DXF file, all
prepared in accordance with City standards. Before the security for the completion of
utilities is fully released, iron monuments shall be installed in accordance with Minnesota
Statutes 505.02. The Developer's surveyor shall submit a written notice to the City
certifying that the monuments are installed following site grading, utility and street
construction.
8. 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 7 above.
9. Permits. The Developer shall obtain or require its contractors and
subcontractors to obtain all necessary permits, which may include, but are not limited to:
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A. Wright County for County Road access and work in County right 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
1. City of Otsego for sanitary sewer connections
J. City of Otsego for retaining walls
10. 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 be strictly followed.
11. Time of Performance. The Developer shall install all listed improvements
by December 31, 2015. 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.
12. Right of ]Entry. The Developer hereby grants to the City, its agents,
employees, officers and contractors an irrevocable right of entry to enter the Plat to perform
any and all work and inspections necessary or deemed appropriate by the City during the
installation of improvements by Developer or the City, or to make any necessary corrective
actions necessary by the City. Except in emergency situations, as defined by the City, the
City shall give the developer fifteen (15) business days notice stating the deficiencies and
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necessary corrections prior to making any corrective action. Said right of entry shall
continue until the City finally accepts the improvements and any applicable warranty period
has expired.
13. Erosion Control. Prior to initiating site grading, and before any utility
construction is commenced or further building permits are issued, the erosion control plan,
Plan B, shall be implemented by the Developer and inspected and approved by the City. If
the City Engineer determines that it would be unreasonable to require full implementation
of the erosion control plan prior to utility construction or issuance of certain building
permits, he shall state in writing what construction can take place and what particular
building permits can be issued prior to full implementation. The City may impose
additional erosion control requirements if, in the opinion of the City Engineer, they would
be beneficial. All areas disturbed by the excavation and backfilling operations shall be
reseeded forthwith after the completion of the work in that area. If the Developer does not
comply with the erosion control plan and schedule or any supplementary instructions, the
City may, with reasonable notice, take action as it deems appropriate.
14. Grading Plan. Plat grading shall be in accordance with the approved
grading plan, Plan B. The plan shall conform to City specifications and the City Code.
Ponds, swales, and ditches shall be constructed on public easements or land owned by the
City. Within thirty (30) days after completion of grading and before any retained security is
fully released, the Developer shall provide the City with an "as built" grading plan including
certification by a registered land surveyor or qualified engineer that all ponds, swales, and
ditches have been constructed on public easements or land owned by the City. "As built"
plans shall include field verified elevations of the following:
A. Cross sections of ponds
B. Location and elevations of swales and ditches
C. Lot corners and house pads
Occupancy permits shall not be issued by the Building Official until the
grading and drainage plan is certified as set forth above.
15. Clean Up. The Developer shall promptly clean any and all dirt and debris
from streets and construction sites in accordance with the City Code resulting from
construction work by the Developer, its agents or assigns.
16. Ownership of Improvements. Upon acceptance by the City Council of the
work and construction required by this Agreement, improvements lying within public
easements and public right-of-way shall become City property without further notice or
action.
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17. Streets. The Developer agrees to maintain the streets in the Plat until the
base course bituminous surfacing has been accepted by the City. Should the City be
required to grade the street prior to paving, the cost of such grading shall be paid by the
Developer and drawn from the Developer's letter of credit. Should snow plowing be
necessary prior to street paving, the Developer shall be responsible for such plowing as may
be required by the Streets Supervisor. If, upon the Developer's request, the City agrees to
plow the street prior to acceptance, such work will be done upon agreement that the
Developer will hold harmless and indemnify the City from any and all liability claims
related to such work and pay all costs associated with that work. Any plowing undertaken
by the City will constitute no acceptance or evidence of acceptance of the street(s) in
question. 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
that 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 set forth above commences upon the date
on which the City accepts the streets by resolution.
18. Sewage Treatment. No occupancy permit for any building within the plat
will be issued by the City unless the Building Official has inspected both the sewer and
water connections to the building and has certified that they have been constructed
satisfactorily in accordance with City specifications and the City Code.
19. Administrative Fee. A fee for City Administration of this project shall be
paid prior to the City executing the plat and this Agreement. Said fee shall be one percent
(1%) of the estimated construction costs of the improvements within the plat, or
alternatively a minimum fee. The administrative fee for this Plat is $2,001.00 and is
contained within the escrow and fees established in Paragraph 27 of this Agreement. This
fee is immediately available to the City upon establishment of the escrow.
20. Sewer Availability Fees. Wastewater treatment is provided by an on- site
septic system conforming to State, County and City statutes, rules and regulations. There is
no City Sewer Availability Fee.
21. Sewer Connection Fees. Wastewater treatment is provided by an on-site
septic system conforming to State, County and City statutes, rules and regulations. There is
no City Sewer Connection Fee.
22. Water Availability Fees. Water is provided by private wells conforming to
State, County and City statutes, rules and regulations. There is no City Water Availability
Fee.
23. Water Hookup Fees. Water is provided by private wells conforming to
State, County and City statutes, rules and regulations. There is no City Water Hookup Fee.
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24. Park and Trail Dedication. The Park and Trail fee requirement shall be
satisfied by dedication to the City for park purposes of Outlot A. Within Outlot A,
Developer shall remove the existing fence along the south lot line of the parcel and
Developer shall at its own expense and responsibility remove any dead, damaged or
diseased trees as directed by City staff. The Developer shall also construct a bituminous trail
adjacent to 87th Court from Odean Avenue to Outlot A, as approved by the City Engineer.
25. Street and Traffic Control Signs. Before the City signs the final plat, the
Developer shall pay to the City $ 1,000.00 for installation of traffic control signs (stop
signs, street signs, dead-end signs). The said amount was calculated as follows: four (4)
signs at $ 250.00 per sign. Using these funds, the City shall purchase and install the street
and traffic control signs.
26. Street Light Construction. The Developer shall pay for the operation and
maintenance of the street lights for a period of two (2) years. In order to facilitate payment
of payment for operation and maintenance of street lights, the Developer shall submit a fee
to be included within the escrow and fees established in Paragraph 27 of this Agreement
and is calculated as follows four (4) lights x $ 2,000.00 per light for a total payment of
$8,000.00. The operation and maintenance of the street lights by the City shall not
commence until such time as the Plat is accepted by the City and is formally recorded.
Street lighting shall conform to adopted City Code.
27. Transportation Infrastructure Cost. Developer shall pay a fee for Collector
Street access in the amount of $12, 870.00, calculated as follows: nine (9) lots at $1,430.00
per lot.
28. City Engineering Administration and Construction Observation, Legal
Fees Escrow and City Fees. The Developer shall pay a fee for consulting engineering
administration. City engineering administration following approval of the Plat. City
engineering administration will include consultation with Developer and its engineer on
status or problems regarding the project, monitoring during the warranty period, general
administration and processing of requests for reduction in security. Fees for this service
shall be the actual amount billed for those services 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 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.
The escrow and fee account shall also include estimated fees for Legal
expenses actually incurred, 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), Transportation Infrastructure Costs (a flat fee due upon execution of this
Agreement), Park and Trail Dedication Fees (a flat fee due upon execution of this
Agreement), Street Light Maintenance and Operation Fee (a flat fee due upon execution of
this Agreement) and shall be established as follows:
ESCROW AND FEES
City Construction Administration and Utility
and Street Inspection Fees (estimated 8% of $ 200,050.00) $ 16,000.00
Legal Fees (estimated, actual billings to be paid) $ 2,001.00
City Administrative $ 2,001.00
Transportation Infrastructure Cost (9 lots x $1,430 per lot) $ 12,870.00
Park &Trail Dedication Fee $ 00.00
Street light maintenance and operation $ 8,000.00
Street & traffic control signs $ 1,000.00
GIS Data Entry Fee (13 net acres x $100 per acre) $ 1,300.00
TOTAL $ 43,172.00
This escrow amount shall be submitted to the City prior to the City executing the Plat and
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 the
Plat and 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.
29. Security. To ensure compliance with the terms of this Agreement, and.
construction of all public improvements, the Developer shall furnish the City with a cash
escrow or other "security" in the amount of $ 317,987.50 said amount calculated as follows:
Site Grading, Erosion & Sediment Control $ 42,000.00
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Storm Sewer- Lateral $ 64,250.00
Streets $ 125,625.00
Trail $ 10,175.00
Engineering and Surveying Construction Services $ 12,340.00
TOTAL $ 2549390.00
TOTAL SECURITY REQUIRED ($254,390 x 125%) $ 317,987.50
The issuer and form of the security (other than cash escrow) shall be subject to City
approval. 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 be for a term ending December 31, 2015 and shall contain an
automatic renewal provision. The 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 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. If the
required improvements are not completed at least thirty (30) days prior to the expiration of
the security, the City may also draw down the security. If the security is drawn down the
proceeds shall be used to cure any 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, the security may be reduced
from time to time down to $49,3 87.50 the amount of warranty security. A warranty security
in the amount of $49,3 87.50 shall be posted with the City as set forth in paragraph 32 of this
Agreement.
Notwithstanding the posting of that warranty security, the security shall not be reduced
below ten percent (10%) of the posted security until all improvements have been completed,
all financial obligations to the City satisfied (which includes posting of warranty security),
and the required "as built" plans have been received by the City. The intent of this
Agreement is that the City shall have access to sufficient security, either security or
warranty security, to complete the project and insure warranty on all public improvements at
all times.
This security amount shall be submitted to the City prior to execution of the Plat and this
Agreement. All administrative and legal fees related to plan review, drafting of this
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Agreement and any other necessary items shall be paid to the City prior to execution of the
plat and this Agreement.
The security for this Agreement shall be cash or Irrevocable Standby Letter of Credit in the
amount of $317,987.50 The cash shall be deposited with the City and released to make
payments to contractors, consultants, City consultants as they are billed. The City will not
release the security or any portion of the security until a copy of any billing due and owing
has been submitted to and approved by the City and the City Engineer, subject to retention
of retainage as set forth above and the appropriate amount for warranty of public
improvements.
30. Landscaping. The Developer shall install two (two) trees upon each lot
within the Plat of a species approved by the Zoning Administrator. These plantings may not
be installed in a public right-of-way. Any security posted for this agreement or prior
additions may be used to cure any defects in the event that the Developer, it assigns or
successors fails to install landscaping according to this Agreement. Landscaping security to
insure compliance with the approved Landscape Plan shall be $ 1,000 per lot to posted with
the City at the time of application for a building permit on each lot. Any trees which can
cause a public nuisance or public hazard, such as bug infestation or weak bark, are
specifically prohibited.
The Developer, Builders or Property Owners (applicant for building permit)
in the residential lot area shall sod all front yards within the buildable portion of each lot
and shall post any security required by the City to assure landscaping or other items in
compliance with the City Code. The Developer, Builder or Property Owner shall provide
not less than six (6) inches of topsoil in required front yards or side yards abutting public
rights-of-way. Where slopes lie in excess of ten (10) percent, sodding (staked) shall be
required. Weather permitting, the trees, grass seed and sod shall be planted before
Certificates of Occupancy are issued. All grass seed shall be maintained so that turf is
established within one (1) year of planting.
If landscaping as required by the City Code and this Agreement is not timely
completed, the City may enter the lot or lots, perform the work, and apply any posted
security toward the cost. The Developer, it assigns or successors, Builder or Property Owner
will provide will provide all trees, grass, seed and sod within the Plat and shall maintain
said plantings and warrant them to remain alive, of good quality and disease free for twelve
(12) months after planting. Any replacement shall be warranted for twelve (12) months
from the time of planting.
31. Significant Trees. There are no significant trees within the Plat. The
Developer is not required to replace any significant trees.
32. Warranty. The 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
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completion and acceptance by the City. The amount of posted warranty security for public
improvements to be posted by the Developer shall be in the amount of $49,387.50. 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
such public improvements.
33. Claims. The Developer _shall pay any subcontractor within ten (10) days of
the Developer's receipt of payment by the City for undisputed services provided by the
subcontractor. In the event that the City receives claims from labor, materialmen, or others
that perform work required by this Agreement, and the sums due them have not been paid,
and the laborers, materialmen or others are seeking payment from the City, the Developer
hereby authorizes the City to commence an interpleader action pursuant to Rule 22,
Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of
credit in an amount up to one hundred twenty-five percent (125%) of the claim(s) and
deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall
release,. discharge, and dismiss the City from any further proceedings as it pertains to the
letters of credit deposited with the District Court, except that the Court shall retain
jurisdiction to determine attorney fees pursuant to this Agreement. In the event that the
Developer desires to make a cash deposit instead of drawing down the letter of credit if a
claim is made as stated above, they shall immediately notify the City of this intent at the
time the claim is made and shall delivery one hundred twenty-five percent (125%) of the
claim to the City within ten (10) days of such notice in the form of cash or certified check.
34. Restrictions. The following restrictions apply to the 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 that all conditions imposed by the City in this Agreement are properly recorded
against the property. Said conditions shall run with the real property and be binding on all
parties having a right, title or interest in the plat or any part thereof, their heirs, executors,
representatives, successors and assigns:
A. Developer shall convey Outlot A to City in lieu of Park & Trail
dedication fees. The conveyance will be free and clear of any
easements or other encumbrances.
B. Christine Wilson, Developer and any other necessary party shall
extinguish all rights in that ingress and egress easement located on the
easterly edge of the Plat and as established in recorded Document No.
891483.
35. Responsibility for Costs.
A. Except as otherwise specified herein, the Developer shall pay all costs
incurred by them or the City in conjunction with the development of
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the Plat, including, but not limited to, legal, planning, engineering, and
inspection expenses incurred in connection with development of said
Plat, the preparation of this Agreement, 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 and employees
harmless from claims made by itself and third parties for damages
sustained or costs incurred resulting from Plat development. The
Developer shall indemnify the City and its officers and employees for
all costs, damages or expenses which the City may pay or incur in
consequence of such claims, including attorney's fees.
C. The Developer shall reimburse the City for costs incurred in the
enforcement of this Agreement, including engineering fees, attorney's
fees, and costs and disbursements.
D. The Developer shall pay in full all bills submitted to it by the City for
obligations incurred under this Agreement within thirty (30) days after
receipt. If the bills are not paid on time, the City may halt all plat
development work and construction, including but not limited to the
issuance of building permits for lots which the Developers may or may
not have sold, until all bills are paid in full. Claims not paid within
thirty (3 0) days shall accrue interest at the rate of twelve percent (12%)
per year.
36. Developer's Default. In the event of default by the Developer as to any of
the work to be performed by it hereunder, the City may, at its option, perform the work and
the City may then draw down the security established in Paragraph 17 to pay for any work
undertaken, provided the Developer is first given notice of the work in default, not less than
seven (7) days in advance. 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 sole 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 pursuant to any
applicable statutes or ordinances.
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 except where specifically excluded by this
agreement. If the City determines that the Plat does not comply, the
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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
Agreement.
C. Breach of any of the terms of this Agreement by the Developer shall
be grounds for denial or revocation of building permits.
D. 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.
E. If building permits are issued by the City prior to the completion and
acceptance of public improvements, the Developer shall assume all
liability for the costs resulting in any delay in completion of public
improvements and damage to any public improvements caused by the
City, the Developer, its contractors, subcontractors, materialmen,
employees, agents, or third parties. 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, unless a specific exception is approved by the
City.
F. The action or inaction of the City 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. The City's failure
to promptly take legal action to enforce this Agreement shall not be a
waiver or release.
G. This Agreement shall run with the land, shall be recorded against the
title to the property and all properties therein established by the Plat,
and shall be binding on all parties having any right, title or interests in
this phase of the plat or any part thereof, their heirs, successors, and
assigns. After the Developer has completed the work required of them
under this Agreement as set forth in Section 8, at the Developer's
request, the City will execute and deliver to the Developers a release
or partial release (s) of this Agreement.
H. The Developer shall take out and maintain until one (1) year after the
City has accepted the public improvements, public liability and
property damage insurance covering personal injury, including death,
and any claims for property damage which may arise out of the
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Developer's work or the work of their subcontractors or by one
directly or indirectly employed by any of them. Limits for bodily
injury and death shall not be less than $500,000.00 for one person and
$1,000,000.00 for each occurrence; limits for property damage shall be
not less than $200,000.00 for each occurrence. The City shall be
named as an additional named insured on said policy, and the
Developer shall file a copy of the insurance coverage with the City
prior to the City issuing farther building permits.
I. 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.
J. The Developer shall pay for all local costs related to drainage
improvements required to complete the construction according to the
plans and conditions that are apart of this Agreement.
K. Should development of the plat proceed at a pace slower than
anticipated, and for that reason, specific terms of this agreement
become onerous or unduly burdensome to the Developers, upon
his/her application, the City will enter into negotiations regarding
those specific terms and shall not unreasonably withhold consent to
appropriate changes in the terms of this Agreement.
L. The Developer shall demonstrate and maintain compliance with the
1991 Wetland Conservation Act.
M. The Developer shall be responsible for all on site drainage as well as
for any affects that their actions may have on adjoining properties.
Specifically, the Developer shall maintain existing drainage tiles on
site, and shall be responsible for any and all drainage problems related
to either the site drainage tiles or problems with on-site drainage
facilities to be constructed in accordance with this agreement and plat
approval.
38. Notices. Required notices to the Developer shall be in writing, and shall be
either hand delivered to the Developer, their employees or agents, or mailed to the
Developer by registered mail at the following address: CBR Development, LLC, 20980
Rogers Drive, Suite 600, Roger 55374 Attention: Bill Christian. Notice to the City shall
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be in writing and shall be either hand delivered to the City Clerk at the following address:
City of Otsego, City Hall, 13400 90' Street NE, Otsego, MN 55330, Attention: City Clerk
CITY OF OTSEGO
MM
M
Jessica Stockamp, Mayor
Tami Loff, City Clerk
DEVELOPER
CBR DEVELOPMENT, LLC
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
2015, by Jessica Stockamp, Mayor and by Tami Loff, City Clerk,
of the City Otsego, a Minnesota municipal corporation, on behalf of the City and pursuant
to the authority of the City Council.
Notary Public
15
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged
2015, by
, of CBR Development, LLC
company, with authority and on behalf of the company.
before me this day of
the
a Minnesota limited liability
Notary Public
CONSENT
Christine M. Wilson, a single person and owner of a portion of the Plat of Wilson Preserve (
Lot 1, Block 2 WILSON PRESERVE) hereby consents and agrees to be bound by
applicable conditions of this Agreement.
Christine M. Wilson
STATE OF MINNESOTA)
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of , 2015 by
Christine M. Wilson, a single person.
DRAFTED BY:
MACARTHUR. LAW OFFICE, LLC
3601 Thurston Avenue North
Suite 103
Anoka, MN 55303
(763) 231-5850
Notary Public
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