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ITEM 4.1 Gateway North Bldg-2ots'-Y.ls o MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Planning City Planner Licht S February 2016 PRESENTER(s): REVIEWED BY: ITEM #: City Planner Licht City Administrator Johnson 4.1— Gateway North Bldg. 2 AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of site and building plans for Gateway North Building 2 and Gateway North Fifth Addition final plat. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes. No. BACKG ROUND/J USTI FICATION: Duke Realty Limited Partnership has submitted plans for development of a 270,144 square foot warehouse distribution building within the Gateway North Business Center that is to be constructed in two phases. The subject site is Lot 3, Block 1, Gateway North Fourth Addition located east of TH 101 and south of CSAH 37 abutting Queens Avenue. A preliminary plat and PUD-CUP was approved for Gateway North on 12 June 2006 and establishes that each phase of the development is to be processed subject to site and building plan review and final plat approval. The applicant is also requesting approval of a final plat to revise lot lines between Lot 1, Block 1 Gateway North Second Addition and Lot 2, Block 1 Gateway North Fourth Addition. The Planning Commission considered these applications, which do not require a public hearing, at their meeting on 1 February 2016. Mr. Dale Emter of Duke Realty was present to represent the application. The Planning Commission had no question and noted how complete the application materials are and the quality of the Gateway North buildings. The Planning Commission voted 6-0 to recommend City Council approval of the applications as outlined by the attached findings of fact. The City Attorney has also drafted a development agreement and a resolution approving the document is also attached. SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE A. Planning Report dated 26 January 2016 B. Engineering Review dated January 14, 2016 C. Findings of Fact D. Development agreement E. Resolution 2016-13 approving development agreement POSSIBLE MOTION Please word motion as you would like it to appear in the minutes. Motion to approve a site and building plans for Gateway North Building 2 and the Gateway North Fifth Addition Final Plat, subject to the 10 conditions outlined in the findings of fact and decision dated February 2, 2016, and to adopt Resolution 2016-13 approving a development agreement. Rlinr.FT INFORMATION FUNDING: BUDGETED: ❑ YES ❑ NO NA ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED o TABLED ❑ OTHER (List changes) COMMENTS: 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPCTPCOPlanningCo.com PLANNING REPORT TO: Otsego Planning Commission FROM: D. Daniel Licht, AICP RE: Otsego —Gateway North Building 2 REPORT DATE: 26 January 2016 ACTION DATE: 29 February 2016 TPC FILE: 101.02 BACKGROUND Duke Realty Limited Partnership has submitted plans for development of a 270,144 square foot warehouse distribution building within the Gateway North Business Center that is to be constructed in two phases. The subject site is Lot 3, Block 1, Gateway North Fourth Addition located east of TH 101 and south of CSAH 37 abutting Queens Avenue. A preliminary plat and PUD-CUP was approved for Gateway North on 12 June 2006 and establishes that each phase of the development is to be processed subject to site and building plan review and final plat approval. The applicant is also requesting approval of a final plat to revise lot lines between Lot 1, Block 1 Gateway North Second Addition and Lot 2, Block 1 Gateway North Fourth Addition. The Planning Commission will consider these applications, which do not require a public hearing, at their meeting on 1 February 2016. Exhibits: A. Site Location B. Project Narrative C. Gateway North Master Plan D. Gateway North Business Center Bldg. No. 2 Shell Package 31 December 2015 (17 sheets) E. Final plat (2 sheets) ANALYSIS Comprehensive Plan. The 2012 Comprehensive Plan guides the subject site for industrial land uses within the east sewer district. The proposed land use is consistent with this designation and the City has adequate utility capacity available at the subject site to provide services. Zoning. The subject site is zoned 1-2, General Industrial District. Warehousing and distribution centers are a permitted use within the 1-2 District. Environmental Review. An Alternative Urban Area Review (AUAR) was prepared with the review of the initial Gateway North application and the scope of this study included overall master plan. The City Council adopted the AUAR on 7 August 2006 finding that the proposed project did not have potential for significant environmental effects. The current site and building plans are consistent with the intensity of development anticipated for this portion of Gateway North reviewed as part of the AUAR and this application requires no additional environmental review. Phasing Plan. The applicant is proposing to construct the proposed square foot building in two phases. The Phase 1 building will be 212,224 square feet in area. Phase 2 involves a 57,920 square foot expansion of the proposed building for a total area of 270,144 square feet. The current applications are being reviewed based on the planned build out of the Phase 2 structure with considerations as to site development work and improvements based on the phasing plan. Subject to compliance with the conditions of approval for the Phase 1 building and any zoning ordinances then in effect, a future site and building plan review application will not be required for the Phase 2 expansion. Building Exterior Finish. Architectural plans for the Phase 1 building are consistent with that of the other buildings within the Gateway North Business Center consisting of precast concrete panels with an exposed aggregate or sand blasted finish on all four sides of the structure with ribbed details. The proposed exterior materials comply with the requirements for the 1-2 District. The Phase 2 expansion of the proposed building will be required to match the exterior appearance of the Phase 1 structure including exterior material, texture and color as a condition of approval. Building Height. Buildings within the 1-2 District are allowed a maximum height of 48 feet; the height of the proposed building from finished floor to the top of the roof is 40 feet. The proposed height of the building complies with the height allowances of the 1-2 District. Lot Requirements. The 1-2 District requires a minimum lot area of two acres and minimum width measured at the front yard setback line of 200 feet. The subject site is currently 13.3 acres in area. The developer has submitted a final plat to revise the north lot line of the subject site to divide the semi -trailer court between the subject site and the abutting lot and to adjust the south lot north so as to include the existing drive aisle within the abutting lot to the south in compliance with required setbacks. The resulting lot for the subject site is 12.77 acres and is 2 510 feet wide (north to south). Building coverage is also limited to 50 percent of the lot area. The proposed 270,144 square foot Phase 2 building will cover 48.6 percent of the lot area. The proposed lot and site plan complies with applicable lot requirements of the 1-2 District. Setbacks. The following table indicates the required setbacks of the 1-2 District; the proposed building and parking areas shown on the site plan comply with the setback requirements. Principal Building Parking TH 101 Queens Ave. North South Wetland TH101 Queens Ave. Interior Required 3Oft. 3Oft. Oft. 40ft. 15ft. 15ft. Oft. Proposed 45ft. 30ft. NA NA 15ft. 15ft. NA Access. The subject site is proposed to have two accesses to Queens Avenue. Queens Avenue is designated as a Commercial/Industrial Collector Street by the 2012 Comprehensive Plan. Access spacing to collector streets is required to be a minimum of 500 feet apart in accordance with Section 21-7-7.N of the Subdivision Ordinance and all of the proposed driveways comply. The width of the north driveway is 30 feet and the south driveway is 25 feet to allow semi tractor -trailer turning movements to and from Queens Avenue. The north driveway is shared with the abutting lot to the north and the developer must record an access easement at the time the final plat is recorded. Off -Street Parking/Loading. All off street parking and loading areas are paved with either asphalt or concrete surfaces and perimeter concrete curb is provided in accordance with Section 20-21-4 of the Zoning Ordinance. Note that curb must be installed along the north side of the driveaisle of Lot 1, Block 1 Gateway North Second Addition. Section 20-21-9 of the Zoning Ordinance establishes the following calculation for the number of required off street parking stalls: Use Area Requirement (based on net sf) Required Stalls Office 5,400sf. 3 + 1 stall per 200sf. 28 Warehouse Phase 1 206,824sf. 1 stall / 1,000sf. 187 Phase 2 57,920 58 Tota I 706,904sf. 273 The site plan for the Phase 1building provides 118 parking stalls for passenger vehicles (dimensioned at 9 feet by 18 feet with two foot overhang) and storage for 15 semi -trailers and 19 truck docks. The cumulative total of these stalls is 152 stalls and will be adequate based on the documentation of the use provided by the applicant. Snow Storage. Section 20-21-4.H.17 of the Zoning Ordinance requires that a plan for snow storage be developed for the subject site so that required parking stalls are not utilized for this purpose. Snow may be removed from the off-street parking stalls, trailer storage and loading 3 areas and deposited into the stormwater basins to the east and south of the proposed building as necessary to maintain the site. Landscape Plan. The developer has submitted landscape plans showing tree plantings at the emphasizing the east and west property lines of the subject site and also plantings at the southeast corner of the building, which will be the office section and primary fagade and south lot line adjacent to off-street parking stalls for passenger vehicles. Turf areas will require installation of irrigation in accordance with Section 5-7-3.13.4 of the City Code. The proposed type and size of the plantings are consistent with the requirements of Section 20-16-7.0 of the Zoning Ordinance and appropriate for the subject site. Exterior Lighting. Section 20-16-10 of the Zoning Ordinance establishes performance standards for exterior lighting limiting light cast to the property line abutting a public street to 1.0 foot- candle and at interior property line to 0.4 foot-candle. All exterior light fixtures must have a 90 degree horizontal cut-off and comply with the height limits established by Section 20-16-10.C.4 of the Zoning Ordinance. The developer has submitted a photometric lighting plan indicating the type, location and height of all exterior light sources, which complies with the requirements of the Zoning Ordinance. Signs. The submitted plans indicate one wall sign 200 square feet or less to be installed on the south elevation about the building entrance. Additional wall signs would be allowed on each of the other three elevations. The site plan also indicates as 33 square foot monument sign adjacent to the south driveway. The signs included on the submitted plans comply with Section 37 of the Zoning Ordinance for industrial uses within the Freeway Corridor District. Any other signs must comply with Section 37 of the Zoning Ordinance, and all signs require issuance of a sign permit prior to placement upon the property. Trash Storage. The proposed building will use an exterior enclosed trash compactor for storage. Any other containers must be within a secured enclosure in accordance with the requirements of Section 20-16-15.B of the Zoning Ordinance. Grading Plan. The subject site was mass graded as part of the initial development of the subject site and included establishment of stormwater basins as well as wetland buffer and mitigation areas and the developer has submitted a grading plan for development of the subject site. The grading plan is subject to review and approval of the City Engineer. Utility Plan. The developer has submitted plans for connection of the proposed building to sanitary sewer and water utilities and stormwater system. All utility plans are subject to review and approval by the City Engineer. Chapter 6, Section 2 of the City Code establishes provisions for payment of utility availability charges at the time of final plat approval and connection charges at the time of building permit application. The development contract for Gateway North provides that the proposed building would be charged two RECs. The utility availability charge for the subject site was paid with the Gateway North Fourth Addition Final Plat. The ld developer must pay the utility connection charges at the time of application for a building permit. Easements. The proposed final plat illustrates drainage and utility easements at the perimeter of the proposed lot as well as overlying existing/proposed stormwater basins as required by Section 21-7-15 of the Subdivision Ordinance. All easements are subject to review and approval by the City Engineer. Park and Trail Dedication. The initial final plat approval for Gateway North satisfied park and trail dedication requirements applicable to the entire development including future phases and outlots. As such, no park and trail dedication is required for the proposed final plat. Development Contract. The developer is required to enter into a development agreement with the City as a condition of approval for the current applications to provide for installation of required public and private improvements and payment of applicable fees. The City Attorney will draft the development contract for review and approval by the City Council concurrent with their action on the site and building plans, final plat and easement vacation applications. RECOMMENDATION The site and building plans for the proposed 270,144 square foot Building 2 and final plat of Gateway North Fifth Addition is the final building within the Gateway North Business Park and is consistent with the City's economic development goals and land use objectives outlined in the Comprehensive Plan. Furthermore, the submitted site and building plans and final plat for proposed development complies with the requirements of the Zoning Ordinance and Subdivision Ordinance. City staff recommends approval of the applications as outlined below. POSSIBLE ACTIONS A. Motion to recommend City Council approval of Gateway North Fifth Addition Final Plat, site and building plans for Gateway North Building 2, subject to the following conditions: The developer shall complete site and building improvements for for Phases 1 and 2 in accordance with the submitted plans subject to any modifications required as a condition of approval. 2. The developer shall record an access easement approved by City staff overlying the driveway shared by Lot 1 and Lot 2, Block 1 Gateway North Fifth Addition. 3. Concrete curb shall be installed along the north side of the drive aisle of Lot 1, Block 1 Gateway North Second Addition, subject to approval of the City Engineer. 4. All turf grass and landscape plantings within shall require installation of irrigation in accordance with Section 5-7-3.B.4 of the City Code. 5. A sign permit shall be applied for prior to placement upon the property, subject to review and approval by the Zoning Administrator. 6. Exterior storage any waste or recycling containers other than a fully enclosed trash compactor accessible from the interior of the building shall be within a secured enclosure subject to the requirements of Section 20-16-15.B of the Zoning Ordinance. 7. All grading, drainage and erosion control plans are subject to review and approval of the City Engineer. 8. The submitted utility plans are subject to review and approval by the City Engineer. 9. All easements are subject to review and approval by the City Engineer. 10. The final plat is subject to review and approval by the City Engineer and shall be recorded with Wright County within one hundred (100) days of City Council approval. 11. The developer shall enter into a development agreement with the City to provide for installation of required public and private improvements and payment of applicable fees, subject to review by the City Attorney and approval of the City Council. B. Motion to deny the request based on a finding that the application does not comply with the City Code. C. Motion to table. C. Lori Johnson, City Administrator Tami Loff, City Clerk Andy MacArthur, City Attorney Ron Wagner, City Engineer Dale Emter, Duke Realty LTD 11 Overview Legend Roads — CSAHCL — CTYCL MUNICL PRIVATECL TWPCL Highways Interstate — State Hwy — US Hwy City/Township Limits ❑ c ❑ t Parcels 1600 Utica Avenue South u e 250 Suite 250 EALT Minneapolis, MN 55476 952.543.2900 wmi.dukerealtycom December 31, 2015 Gateway North Business Center — Building 2 Pro iect Narrative Existing Prove Use: The property is currently zoned I-2 General Industrial. Proposed Property Use Duke Realty is proposing a 212,224SF warehouse distribution building to the Gateway North Industrial Park. The project does include plans for potential building expansion of an additional 57,920sf. The project will be constructed in 2016 for September 2016 occupancy. The addition may be constructed if necessitated by tenant growth requirements. The property is currently zoned I-2, General Industrial District. This will be the fifth building for the Gateway North Industrial Park. Storage and Disposal of Waste The building tenant has indicated they will have external enclosed trash compactor that will be located at a truck dock location. Solid waste will be stored in the external trash compactor with periodic pick up. Cardboard will be stored for recycling within the building. Parking Reference Wagner SprayTech Corp letter dated 12/21/2015 regarding parking demand. � WAGNER 12/21/15 City of Otsego Attn: Building Inspections 13400 - 90th Street NE Otsego, MN 55330 To: Lori Johnson Daniel Licht Ronald Wagner Wagner SprayTech Corp. 1770 Fernbrook Lane Plymouth, Minnesota 55447, USA Mail: P.O. Box 9362 Minneapolis, Minnesota 55440, USA T 763 553-7000 F 763 553-7288 www.wagner-group.com We at Wagner are very excited about the upcoming placement of our new distribution center in the City of Otsego, and the opportunity to work in and create employment opportunities within this growing community. It is our estimation that we will have 40-60 employees working within the facility at present, with anticipated additional growth in the years to follow as we expand our facility. Accordingly, we are planning to initially provide 60 parking spaces (to include the appropriate number of handicap spaces) in order to accommodate our employee parking needs as well as an additional 35 in order to provide for our expansion. We understand that the City of Otsego building code prescribes the number of parking spots and restroom fixtures based on occupancy calculations. Based upon those calculations, for a 210,000 sq. ft. facility, expanding to 268,000 sq. ft., we would need to employ well over 300 employees. As our facility will be primarily product storage, with picking and shipping of customer orders, our operational requirements preclude an employee base of that size. Thus, we plan on moving forward to develop parking spots and restroom facilities that will be appropriate for 60+ employees. If need be, I will be happy to discuss this in further detail and can be reached at 763-519-3567. Respectfully, Bill Fergus, Distribution Manager Wagner SprayTech Bill.ferguson@wagner-group.com C() VL Cl) 0 60 W LU �� y 133HS 2GAOO 0££99 NW 'o6as�0 '3N anuany suaana �q�9 L131N30 SS3NISflB H12iON At1M31VJ a _, ; € g y ; O r CD !1 g Y Q a Q HIM y id-' sa EI Ede?: Fill d �e�ql i t`-II i' e s iE i l will �3i$li'`�'a�'�9"`a3"a 1E - gill a��3 aft aE3 sFI a fit LU - ✓tee` ll p /� �� t..._ \ of 9 5All B y95y5 � �.. . yyhF m a I I w CD M 5M ' Q z 3g9 gg of � ® S o a k �n z `� I ®I N CD co o ¢_I� I I V �® < d 04 ,I O C-3 SNOIIION009NIISIX3 H 491 A I } ! >- a s. �� 1aPgt ZEi €,y y� Hil Z f� @@ �Q E E CD O ®01=u 4aF N 20- jr, ^� :F iON9�%OYI0 814e_ U C\1 I¢ (j}am' j iil` OEE99 NW'06es1O'3N enuantl sueanti L%q g Li }ttfi a3al}� a31N30SS3NISfl9HI2I0NAtlM31tl9 e ''ri 3 ¢; BF. : ; e ➢Ef f}I�jt 2fi.}} a _ zg� E I nXe gaga_ i 1 i� E i lfi 'i3a"}9tjji y8$ € € iI J'2_ it, �fi�fill H ! � � tt�N �!E p�: >, i i i i i � }} ! tK i' `Nee-}tF1•ft6p s s } fig! 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Date: January 14, 2016 Proposed Development: Gateway North 5t" Addition Building No. 2 Street Location 6151 Queens Ave. NE of Property: Applicant: Duke Realty 1600 Utica Avenue South, Suite 250 Minneapolis, MN 55416 Developer: Duke Realty Owners of Record: Duke Realty Purpose: Construct a 212,224 gross square foot office/warehouse building with an additional 57,920 square foot expansion of the building planned expansion in the future on 12.77 acres in the City of Otsego, Wright County, Minnesota. The proposed development will be served with municipal water, sanitary sewer, storm sewer, and public streets typical of an urban industrial setting. Jurisdictional Agencies: City of Otsego, Wright County, Minnesota Department of (but not limited to) Health, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, Wright Soil and Water Conservation District. Permits Required: NPDES, Minnesota Department of Health (water), and (but not limited to) Minnesota Pollution Control Agency (sanitary sewer) TABLE OF CONTENTS INFORMATION AVAILIBLE ALTA/ACSM LAND TITLE SURVEY FINAL PLAT AND AREA MAP LIGHTING PLAN SCHEMATIC DESIGN SET EXISTING CONDITIONS (C200) SITE PLANS (C201) GRADING PLANS (C202) UTILITY PLANS (C203) EROSION CONTROL PLAN PHASE I (C204) EROSION CONTROL PLAN PHASE II (C205) EROSION CONTROL DETAILS (C400) STREET AND UTILITY DETAILS (C401) STREET AND UTILITY DETAILS (C402) STORM SEWER AND HYDROLOGY CALCULATIONS OTHER CONSIDERATIONS SUMMARY AND/OR RECOMMENDATION PAGE 2 C:\Users\TamiVAppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\L723WOXW\OT2267.05 REVIEW 1 WAGNER.doc INFORMATION AVAILABLE Final Plat for Gateway North 51h Addition, by Sambatek Stormwater Management Plan for Gateway North Business, dated 9/4/14, by Sambatek. Previous Gateway North Additions' Information Final Plat for Gateway North 4th Addition, by Sambatek Additional Information City of Otsego Engineering Manual City of Otsego Zoning and Subdivision Ordinances National Wetland Inventory Map PAGE 3 C:\Users\Tami\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\L723WOXW\OT2267.05 REVIEW 1 WAGNER.doc ALTA/ACSM LAND TITLE SURVEY 1. Storm sewer in SW corner of survey depicted flowing in wrong direction. 2. Valve missing on one of existing hydrants on Queens Ave 3. Valve shown within Queens Ave right-of-way at south end of survey but not connected to any watermain. May be misplaced valve symbol. FINAL PLAT 1. Gateway North 5th Addition Plat included Gateway North 2nd Addition Block 1 Lot 1 and Gateway North 4th Addition Block 1 Lots 2 and 3 due to lot changes both. Existing assessments need to transfer to new lot designations. 2. Plat will need to be reviewed and approved by Wright County Surveyor, LIGHTING PLAN 1. No comment SCHEMATIC DESIGN SET-12130/15 COVER SHEET G100 1. Reference Gateway North 5th Addition in title. 2. Add a signature line and"date line for City Engineer approval, Ronald J. Wagner, P.E. City Engineer, 3. Plans shall be signed by a Professional Engineer. EXISTING CONDITIONS - SHEET C200 1. The following required information is missing from the existing conditions plan: a. Show normal and 100 year flood elevations of storm pond to east. NWL = 929.00 and HWL = 930.69 SITE PLAN - SHEET C201 1. Octagonal and Circle surrounds missing in Key Notes and Development Notes legend. PAGE 4 C:\Users\Tam!\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content. OUtlooMI-723WOMOT2267.05 REVIEW 1 WAGNER.doc 2. Consider placing key note C for curbing at truck entrance area. 3. Install curb along north edge of asphalt of GWN5 Block 1 Lot 3. GRADING PLAN - SHEET C202 1. Grading is shown outside of GWN5 Block 1 Lot 2 but other lots north and south are owned by same owner. UTILITY PLAN SHEET C203 1. Ensure watermain 7.5' bury under dry pond. 2. Hydrant coverage appears adequate. EROSION CONTROL PLAN PHASE 1 SHEET C204 1. No Comments. EROSION CONTROL PLAN PHASE 2 SHEET C205 1. No Comments. EROSION CONTROL DETAILS SHEET C400 1. No comments. STREET AND UTILITY DETAILS SHEETS 401 & 402 1. No comments. LANDSCAPE PLANS SHEETS L200 & L201 1. No comments. STORM SEWER CALCULATIONS 1. No Comments. PAGE 5 C:\Users\Tami\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\L723WOXW\OT2267.05 REVIEW 1 WAGNER.doc OTHER CONSIDERATIONS No Comments, SUMMARY AND/OR RECOMMENDATION We recommend approval contingent upon the above comments being addressed. PAGE 6 C:\Users\Tam!\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\L723WOXW\OT2267.05 REVIEW 1 WAGNER.doc O tSTY e F O MINNESOTA V APPLICANT: Duke Realty LP 02-02-16 FINDINGS & DECISION SITE AND BUILDING PLANS/ FINAL PLAT APPLICATION: Request for approval of site and building plans for Building #2 and a final plat for Gateway North Fifth Addition. CITY COUNCIL MEETING: 8 February 2016 FINDINGS: Based upon review of the application, the recommendation of the Planning Commission, and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is Lot 1, Block 1, Gateway North Second Addition and Lots 2 and 3, Block 1, Gateway North Fourth Addition, City of Otsego, County of Wright, State of Minnesota. B. The subject site is guided by the Comprehensive Plan for industrial land uses within the East Sewer District. C. The subject site is zoned 1-2, General Industrial District. D. The planning report dated 26 January 2016 prepared by the City Planner, The Planning Company LLC, is incorporated herein. E. The engineering review dated January 14, 2016 prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. F. The Otsego Planning Commission met at their regular meeting on 16 June 2014 to consider the application. Based upon review of the application and evidence received, the Otsego Planning Commission recommended by a 6-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED and is subject to the following conditions: The developer shall complete site and building improvements for Phases 1 and 2 in accordance with the submitted plans subject to any modifications required as a condition of approval. 2. The developer shall record an access easement approved by City staff overlying the driveway shared by Lot 1 and Lot 2, Block 1 Gateway North Fifth Addition, 3. Concrete curb shall be installed along the north side of the drive aisle of Lot 1, Block 1 Gateway North Second Addition, subject to approval of the City Engineer. 4. All turf grass and landscape plantings within shall require installation of irrigation in accordance with Section 5-7-3.B.4 of the City Code. 5. A sign permit shall be applied for prior to placement upon the property, subject to review and approval by the Zoning Administrator. 6. Exterior storage any waste or recycling containers other than a fully enclosed trash compactor accessible from the interior of the building shall be within a secured enclosure subject to the requirements of Section 20-16-15.B of the Zoning Ordinance. 7. All grading, drainage and erosion control plans are subject to review and approval of the City Engineer. 8. The submitted utility plans are subject to review and approval by the City Engineer. 9. All public easements are subject to review and approval by the City Engineer. 11. The developer shall enter into a development agreement with the City to provide for installation of required public and private improvements and payment of applicable fees, subject to review by the City Attorney and approval of the City Council. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: Attest: ADOPTED by the City Council of the City of Otsego this 7th day of February, 2016. Tami Loff, City Clerk CITY OF OTSEGO By: Jessica L. Stockamp, Mayor 2 DEVELOPMENT AGREEMENT GATEWAY NORTH FIFTH ADDITION LOT 2, BLOCK 1 THIS AGREEMENT, entered into this day of February, 2016, by and between the CITY OF OTSEGO, a Minnesota municipal corporation ("CITY") and DUKE REALTY LIMITED PARTNERSHIP, a Limited Partnership under the laws of the State of Indiana ("DEVELOPER") RECITALS WHEREAS, DEVELOPER and CITY entered into that certain Development Agreement Gateway North Fourth Addition dated July 1, 2014 (the "Building 5 Agreement") for the development of approximately 3 0.2 5 acres of land shown on the Final Plat (hereinafter defined) as Lot 1, Block 1 ("Lot 1"). The Building 5 Agreement shall apply to the development of Building 5 (as defined in the Building 5 Agreement). WHEREAS, DEVELOPER is the fee owner of a parcel of land described as follows: LOT 1, BLOCK 1, GATEWAY NORTH; LOT 1, BLOCK 1 GATEWAY NORTH FOURTH ADDITION; and LOT 2, BLOCK 1, GATEWAY NORTH 1 FOURTH ADDITION according to the Final Plats on file and of record at the Office of the County Recorder, Wright County, Minnesota. The Subject Property is proposed to be final platted as LOT 2, BLOCK 1, GATEWAY NORTH FIFTH ADDITION ("Final Plat"); and WHEREAS, DEVELOPER has submitted site and building plans for development of an industrial warehouse building on LOT 2, BLOCK 1, GATEWAY NORTH FIFTH ADDITION; and WHEREAS, LOT 2, BLOCK 1 GATEWAY NORTH FIFTH ADDITION is part of a Planned Unit Development ("PUD") for 109.71 acres of property rezoned on June 12, 2006 as I-2 District with a Planned Unit Development; and WHEREAS, on September 20, 2007 the CITY and DEVELOPER entered into that certain Development Agreement Gateway North ("Master Development Agreement"); and WHEREAS, the Master Development Agreement requires that the DEVELOPER enter into additional Development Agreements with the CITY as a condition of approval of individual developments; and WHEREAS, in accordance with the Master Development Agreement, DEVELOPER and CITY hereby agree that LOT 2, BLOCK 1 GATEWAY NORTH FIFTH ADDITION shall be developed in accordance with the terms and conditions contained herein. NOW THEREFORE, in consideration of the promises and mutual promises hereinafter contained, it is agreed between the parties as follows: 1. Development Plans. LOT 2, BLOCK 1 GATEWAY NORTH FIFTH ADDITION shall be developed in accordance with the plans the cover sheet of which is attached to this Agreement as Exhibit A dated , 2016 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 "Development Plans"). If the Development Plans vary from the written terms of this Agreement, the Development Plans shall control. Further, in the event of any conflict or variance between the Development Plans and the Development Plans (as defined in the Master Development Agreement), the Development Plans shall control. 2 2. Municipal Improvements. The Development Plans include certain Municipal Improvements as set forth on the attached Exhibit B. 3. Private Improvements. The DEVELOPER or any future owner of the Subject Property ("Future Owner") agrees that it shall cause to be constructed and installed certain private improvements ("Private Improvements") on the Subject Property. All Private Improvements are to be installed at DEVELOPER'S or Future Owner's sole cost and expense pursuant to this Agreement and the private improvements to LOT 2, BLOCK 1 GATEWAY NORTH FIFTH ADDITION shall include those improvements shown on the Development Plans. DEVELOPER or Future Owner shall construct such Private Improvements in accordance with all applicable building codes, ordinances and CITY standards and the Development Plans furnished to the CITY and approved by the City Engineer. The DEVELOPER shall obtain all necessary permits before construction of a 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 the building and before any security is released (as more fully set forth in the Master Development Agreement), the DEVELOPER or Future Owner shall supply the CITY with a complete set of reproducible "as built" plans and two (2) complete sets of blue line "as built" plans prepared in accordance with CITY standards. 4. Grading, Landscaping and Drainage. The DEVELOPER or Future Owner shall be responsible for grading, landscaping and storm water management on the Subject Property as more fully set forth in this Agreement and the Landscaping Plan. A. Landscaping. DEVELOPER or Future Owner shall maintain the sod and landscape of boulevard areas adjacent to LOT 2, BLOCK 1 GATEWAY NORTH FIFTH ADDITION as shown in the Development Plans through at least one growing season and to the reasonable satisfaction of CITY. The long term maintenance of sod and landscaping of boulevard areas shall be the responsibility of DEVELOPER or any Future Owner after purchase of LOT 2, BLOCK 1 GATEWAY NORTH FIFTH ADDITION. Further, DEVELOPER or Future Owner shall be responsible for mowing, elimination of weeds and removal of any garbage or debris on LOT 2, BLOCK 1. 3 B. Erosion Control. The erosion control plan for LOT 2, BLOCK 1 GATEWAY NORTH FIFTH ADDITION within the 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. C. Grading Plan. Grading of LOT 2, BLOCK I GATEWAY NORTH FIFTH ADDITION shall be in accordance with the approved Grading Plan as provided in the 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 LOT 2, BLOCK I GATEWAY NORTH FIFTH ADDITION and related improvements as set forth on the 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 lots. 7. Clean Up. DEVELOPER shall promptly clean any and all dirt and debris from streets resulting from construction work by DEVELOPER, its agents or assigns during the work and construction required by this Agreement. 8. AUAR. DEVELOPER has completed and AUAR (Alternative Urban Areawide Review) affecting the Subject Property that the CITY approved on June 26, 2006. DEVELOPER shall comply with all terms and conditions of CITY approval of the AUAR and implement any and all actions or mitigation required by CITY approval. C. 9. Administrative Fee. A one-time fee for CITY administration of the development of LOT 2, BLOCK 1 GATEWAY NORTH FIFTH ADDITION is one (1%) percent of estimated construction costs or $1,519.00. 10. Park and Trail Dedication. Park and Trail dedication requirements for GATEWAY NORTH FIFTH ADDITION were satisfied with the Final Plat of GATEWAY NORTH as set forth in the Master Development Agreement. 11. Storm Water Fees. No Storm Water Fees are applicable to GATEWAY NORTH FIFTH ADDITION as set forth in the Master Development Agreement. 12. Sewer Availability Charges. The Sewer Availability Charges for GATEWAY NORTH FIFTH ADDITION were satisfied with the Final Plat of GATEWAY NORTH FOURTH ADDITION. 13. Sewer Connection Fees. Sanitary sewer connection fees are paid at the time of issuance of a building permit. At the time of connection, LOT 2, BLOCK 1 GATEWAY NORTH FIFTH ADDITION shall pay two (2) RECs at the current fee rates in effect at the time of building permit approval. 14. Water Availability Charges. The Water Availability Charges for GATEWAY NORTH FITH ADDITION were satisfied with the Final Plat of GATEWAY NORTH FOURTH ADDITION. 15. Water Connection Fees. Water connection fees are paid at the time of issuance of a building permit. At the time of connection, LOT 2, BLOCK 1 GATEWAY NORTH FIFTH ADDITION shall pay two (2) RECs at the current fee rates in effect at the time of building permit approval. 16. 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. 17. CITY Engineering, Engineering Administration, Construction Observation, and Legal Fee Escrow and City Fees. DEVELOPER shall pay escrow for the CITY' S engineering, engineering administration and construction observation services of Municipal 5 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 (estimated 8% of $151,932, actual billings to be paid) Legal Fees (1% of $151,932 actual billings to be paid) City Administration Fees (1 % o of $151,932) Street & traffic control sign Fees (0 at $250.00 per sign) Sewer Availability Charge Fees Water Availability Charge Fees TOTAL $12,155.00 $1,519.00 $1,519.00 $00.00 $00.00 $15J93.00 0 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. 18. Security. To ensure compliance with the terms of this Agreement, and construction of all Municipal Improvements, DEVELOPER shall furnish CITY with a cash escrow or Irrevocable Standby Letter of Credit in the amount of $371,115.23.00, said amount calculated as follows: Site Grading, Erosion & Sediment Control $90,750.00 Watermain- Lateral $127,080.00 Storm Sewer- Lateral $24,852.00 Engineering & Surveying Construction Services $9,875.58 Landscaping $44,334.65 SUBTOTAL $296,892.23 TOTAL SECURITY ($296,892.23 x 125%) $371,115.29 The issuer and form of the security (other than cash escrow) shall be subject to CITY approval, which approval shall not be unreasonably withheld. The security shall be issued by a banking institution in good standing as determined by CITY and approved by the City Administrator. CITY shall have the ability to draw on the Security by overnight courier delivery to the bank or branch bank issuing the Letter of Credit. The security shall be for a term ending December 31, 2016 and shall contain an automatic renewal provision. CITY may draw down the VA security for any violation of the terms of this Agreement, or upon receiving notice of the pending expiration of the security. It shall be the responsibility of DEVELOPER to inform CITY at least thirty (30) days prior to expiration of the security of the impending expiration and the status of the Project relative to the security and this Agreement. If, for whatever reason, the security lapses prior to complete compliance with this Agreement (other than during any warranty period), DEVELOPER shall immediately provide CITY with either an extension of the security or an irrevocable letter of credit of the same amount upon notification of the expiration. If the required improvements are not completed at least thirty (30) days prior to the expiration of the security, CITY may also draw down the security. CITY may draw down the security for any violation of the terms of this Agreement (after any reasonable notice to DEVELOPER and cure periods). If the security is drawn down, the proceeds shall be used to cure any default. CITY will, upon making determination of final costs to cure any default, refund to the DEVELOPER any monies which CITY has in its possession which are in excess of the security needed. Upon receipt of proof satisfactory to CITY that work has been completed and financial obligations to CITY have been satisfied, the security will be reduced from time to time down to the amount of warranty security as set forth in paragraph 19 of this Agreement. The security shall not be reduced below ten percent (10%) of the posted security until all improvements have been completed, all financial obligations to CITY satisfied (which includes posting of warranty security), and required "as built" plans have been received by CITY. The intent of this Agreement that CITY shall have access to sufficient security, either security or warranty security, to complete the Project and insure warranty on all public improvements. The security amount shall be submitted to CITY prior to execution of the Agreement. 19. Warranty. DEVELOPER warrants all work required to be performed by it against poor material and faulty workmanship for a period of one (1) year after its completion and acceptance by CITY. The amount of posted security for public improvements to be posted by DEVELOPER shall be in the amount of $27,327.30. The amount has been determined by the City Engineer and is based upon the costs of the raw materials N and labor which would be necessary to correct the most common deficiencies in the public improvements. 20. Restrictions. The following restrictions apply to the Subject Property and all lots thereon shall be held, sold, and conveyed subject to the following conditions and restrictions, which are for the purpose of protecting the value and desirability of the Plat and insuring all conditions imposed by CITY in this Agreement are properly recorded against the Final Plat. Said conditions shall run with the real property and be binding upon all parties having a right, title or interest in the Subject Property or any part thereof, their heirs, executors, representatives, successors and assigns: a. Final Plat must be recorded within eighteen months after date of approval by CITY. 21. Responsibility for Costs. A. Except costs for Developer's Internal Improvements (as defined in the Master Development Agreement) and except as otherwise set forth herein and in the Master Development Agreement, DEVELOPER shall pay all costs incurred by it or CITY in conjunction with the development of LOT 2, BLOCK 1, GATEWAY NORTH FIFTH ADDITION including, but not limited to legal, planning, engineering, and inspection expenses in connection with the development of said Lot. B. DEVELOPER shall hold CITY and its officers, employees and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from DEVELOPER's acts or failures to act in connection with development of the Subject Property by DEVELOPER. DEVELOPER shall indemnify CITY and its officers, employees and agents for all costs, damages or expenses which CITY may pay or incur in consequence of such claims, including attorney's fees. C. DEVELOPER shall reimburse CITY for costs incurred in the enforcement of this Agreement, including engineering fees, planning fees, attorney's fees, and costs and disbursements. CITY shall reimburse DEVELOPER for costs incurred in the enforcement of this Agreement, including engineering fees, attorney's fees, and costs and disbursements. E D. DEVELOPER shall pay in full all bills submitted to it by CITY for obligations incurred under this Agreement and agreed to be paid by DEVELOPER under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, and DEVELOPER does not reasonably dispute the payment of amount of such bill CITY may either reimburse itself from existing Escrow or Security or may halt all Building 3 development work and construction until all bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of twelve percent (12%) per year. 22. Miscellaneous. A. Third parties shall have no recourse against CITY under this Agreement. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. C. The action or inaction of CITY or DEVELOPER shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. 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. 10 F. DEVELOPER shall pay for all local costs related to drainage improvements required to complete the construction of LOT 2, BLOCK 1 GATEWAY NORTH FIFTH ADDITION according to the Development Plans. Local costs are costs related required internal drainage improvements such as retention ponds. G. Should development of LOT 2, BLOCK 1 GATEWAY NORTH FIFTH ADDITION proceed at a pace slower than anticipated, and for that reason, specific terms of this Agreement become onerous or unduly burdensome to DEVELOPER, upon DEVELOPER's application, CITY will enter into negotiations regarding those specific terms and shall not unreasonably withhold consent to appropriate changes in the terms of this Agreement. H. DEVELOPER shall demonstrate and maintain compliance with the 1991 Wetland Conservation Act. I. DEVELOPER shall be responsible for all on site drainage for the Subject Property, as well as for any affects their actions may have on adjoining properties. 23. Violation of Agreement. If while the escrow or security provided in this Agreement is outstanding, a violation of any of the covenants or agreements herein contained occurs and such violation is not cured within thirty (30) days after written notice thereof from CITY to DEVELOPER, CITY may draw upon the DEVELOPER's escrow or 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 11 property referred to aforesaid within thirty (30) days after written notice from CITY or such longer period as may reasonably necessary or in the event of an emergency as shorter time period as determined by CITY, CITY may, upon notifying DEVELOPER undertake making or causing it to be repaired or maintained. When CITY undertakes such repair, DEVELOPER shall reimburse CITY for all its reasonable expenses within thirty (30) of its billing to DEVELOPER. If DEVELOPER fails to pay said bill within thirty (30) days, the security shall be responsible for reimbursing CITY. 25. Non -Assignment Without Consent. The obligations of DEVELOPER under this Agreement may be assigned by DEVELOPER if the assignment is approved by CITY. However, DEVELOPER shall not be released from its obligations under this Agreement without the express written consent of the City Council through Council resolution. 26. Subordination. This Agreement must be recorded against the Subject Property and all other liens, interests or mortgages shall be subordinate to the terms and conditions this Agreement and said Agreement shall not be subject to foreclosure by any other lien, interest or mortgage. 27. Notices. Required notices to DEVELOPER shall either hand delivered to DEVELOPER, it employees or agents, or mailed to DEVELOPER by registered mail or sent by overnight delivery at the following address: Duke Realty Limited Partnership, c/o Duke Realty Corporation, Attn: Dale Emter, 1600 Utica Avenue South, Suite 250, St. Louis Park, MN 55416 with a copy to Lisa Starcevich, Duke Realty Corporation, 9377 West Higgins Road, Suite 600, Rosemont, IL 60018. Notice to CITY shall be in writing and shall be either hand delivered to the City Clerk or Deputy City Clerk or mailed by registered mail or sent by overnight delivery at the following address: City of Otsego, City Hall, 13400 90cn 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. 12 IN WITNESS WHEREOF, DEVELOPER and CITY have executed this Agreement as of the day and year above first written. CITY OF OTSEGO, A municipal corporation Jessica Stockamp, Mayor Tami Loff, City Clerk DUKE REALTY LIMITED PARTNERSHIP, An Indiana limited partnership BY: Duke Realty Corporation, its General Partner By: Steven W. Schnur Senior Regional Senior Vice President, Midwest Region 13 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) On this day of , 2016, 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 , 2016, before me personally appeared Steven W. Schnur to me known as the person described in the foregoing instrument and who did say he is the Senior Regional Senior Vice President of Duke Realty Corporation, the general partner of Duke Realty Limited Partnership and that said instrument was signed on behalf of Duke Realty Limited Partnership with authority and on behalf of the partnership and said Senior Regional Senior Vice President acknowledged said instrument to be the free act and deed of said entity. NOTARY PUBLIC 14 EXHIBIT A DEVELOPMENT PLANS FOR THE SUBJECT PROPERTY Site Development Plans for LOT 2, BLOCK 1 GATEWAY NORTH FIFTH ADDITION by Sambatek dated , 2016 and approved by CITY . 2016 cover sheet attached. 15 EXHIBIT B MUNICIPAL IMPROVEMENTS Attached. 16 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2016-13 RESOLUTION APPROVING DEVELOPERS AGREEMENT- GATEWAY NORTH FIFTH ADDITION WHEREAS, Duke Realty Limited Partnership is seeking approval of a Plat known as GATEWAY NORTH 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 Duke Realty Limited Partnership is hereby approved. 2. The Mayor and City Clerk are hereby authorized to execute the Developers Agreement on behalf of the City of Otsego. ADOPTED this 8th day of February, 2016 by the City Council of Otsego. MOTION TO ADOPT the Resolution by Council Member and seconded by Council Member IN FAVOR: OPPOSED: CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk 2