ITEM 5.1 Riverpointe 6th AdditionP
OtCI�ezoF
MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT:
Planning
REQUESTOR:
City Planner Licht
MEETING DATE:
14 March 2016
PRESENTER(s):
City Planner Licht
REVIEWED BY:
City Administrator Johnson
ITEM #:
5.1— Riverpointe 6th Add.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of the preliminary and final plat and PUD-CUP related to the proposed
Riverpointe 6th Addition.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
Yes.
BACKGROUND/JUSTIFICATION:
IS A PUBLIC HEARING REQUIRED?
Held by Planning Commission 7 March 2016.
Jeff and Kelly Busch have acquired Outlots E and F; Riverpointe located in the northwest corner of the
Riverpointe subdivision and are proposing to build one single family home upon the parcels. The
proposed development requires consideration of a preliminary and final plat and a Planned Unit
Development -Conditional Use Permit (PUD-CUP) for indirect access to 59th Street across Lot 1, Block 1,
Riverpointe 5th Addition.
The Riverpointe preliminary plat approved by the City Council on 14 August 2000 included the subject
site for subdivision of eight lots accessed by extension of 59th Street. The ability to subdivide these eight
lots was conditioned upon the developer submitting revised plans for extension of 59th Street that
would comply with City standards for street grades and avoid wetland impacts. It was determined with
the Riverpointe 5th Addition final plat approved by the City Council on 14 April 2014 that it was not
feasible to construct a public street to access the subject site as shown on the preliminary plat. When
the property to the north and west of the subject site is developed in the future, it will be more feasible
to extend public streets to the subject site. As an interim measure, an ingress/egress and utility
easement was recorded along the north line of Lot 1, Block 1 Riverpointe 51h Addition to allow access
and potential development of the subject site.
A public hearing was held by the Planning Commission on 7 March 2016 to consider the applications.
Mr. and Ms. Busch were present as the applicants. Questions from the public came from the owner of
Lot 1, Block 1, Riverpointe 5th Addition regarding construction of the driveway across their lot and
stormwater management. These questions were addressed by the City Engineer. The Planning
Commission had no concerns regarding the proposed development of the one single family home. The
public hearing was closed and the Planning Commission voted 7-0 to recommend City Council approval
of the applications. Findings of fact consistent with the recommendation are attached for consideration
of the City Council along with a development agreement drafted by the City Attorney.
SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE
A. Planning Report dated 3 March 2016
B. Engineering memorandum dated February 10, 2016
C. Findings of Fact
D. Resolution 2016-30 approving a development agreement
E. Development Agreement
POSSIBLE MOTION
Please word motion as you would like it to appear in the minutes.
Motion to approve a preliminary/final plat and PUD-CUP for Riverpointe 61h Addition and adopt
Resolution 2016-30 approving a development agreement.
BUDGET INFORMATION
FUNDING: BUDGETED: ❑ YES
NA ❑ NO
ACTION TAKEN
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
COMMENTS:
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MINNESOTA g
APPLICANT: Jeff and Kelly Busch
8 March 2016
FINDINGS & DECISION
PRELIMINARY PLAT/FINAL PLAT
AND PUD-CUP
APPLICATION: Request for approval of a preliminary and final plat and PUD-CUP for one single
family lot to be known as Riverpointe 6th Addition.
CITY COUNCIL MEETING: 14 March 2016
FINDINGS: Based upon review of the application and evidence received, the Otsego City Council
now makes the following findings of fact:
A. The legal description of the property attached as Exhibit A.
B. The property lies within the East Sewer District and is guided for low density residential land
uses by the 2012 Otsego Comprehensive Plan, as amended.
C. The property is zoned R-4, Residential Urban Single Family District, which allows single
family dwellings as a permitted use.
D. The applicant is requesting a preliminary and final plat and PUD-CUP to allow for one single
family lot without direct access to a public street.
E. The Planning Commission and City Council must take into consideration the possible effects
of the PUD-CUP with their judgment based upon (but not limited to) the criteria outlined in
Section 20-4-2.F of the Zoning Ordinance:
1
K
The proposed action's consistency with the specific policies and provisions of the
Otsego Comprehensive Plan.
Finding: The subject site is within the East Sewer District and is guided for low
density residential uses at a density of less than 3.0 dwelling units per acre. The
proposed subdivision of eight single family lots approved with the Riverpointe
preliminary plat, which may occur in the future with public street access, and the
proposed preliminary/final plat to create one lot for a single family home is consistent
with the land uses guided by the Comprehensive Plan.
The proposed use's compatibility with present and future land uses of the area.
Finding: The subject site is surrounded by the following existing and planned
land uses:
Direction
Land Use Plan
Zoning Map
Existing Use
North
LD Residential
A-1 District
Cultivated field
East
LD Residential
R-4 District
Single Family
South
LD Residential
R-4 District
Single Family
West
LD Residential
A-1 District
Cultivated field
1
The proposed single family home will be similar and compatible with existing and
planned land uses in the area. The proposed driveway along the north side of Lot 1,
Block 1, Riverpointe 5rh Addition will have limited travel and was established when the
lot was final platted making this not a City issue. There is future potential to
subdivide the subject site into multiple lots when the property to the north and west is
developed.
3. The proposed use's conformity with all performance standards contained within the
Zoning Ordinance and other provisions of the City Code.
Finding: The proposed preliminary/final plat will comply with applicable requirements
of the Zoning Ordinance and Subdivision Ordinance except as allowed under the
PUD-CUP.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Finding: Traffic generated by the proposed use is within the capacity of 59rh
Street and the proposed driveway accessing the subject site has been deemed
acceptable by the City Engineer for public safety purposes.
5. The proposed use can be accommodated by existing public services and facilities
and will not overburden the City's service capacity.
Finding: The subject site was preliminary platted to subdivide eight single family
lots. The proposed preliminary/final plat with one lot and one single family dwelling is
within the City's existing service capacity.
F. The planning report dated 3 March 2016 prepared by the City Planner, The Planning
Company LLC., is incorporated herein.
G. The Engineering Review dated February 10, 2016 prepared by the City Engineer, Hakanson
Anderson Associates, Inc., is incorporated herein.
H. The Otsego Planning Commission held a public hearing at their regular meeting on 7 March
2016 to consider the application, preceded by published and mailed notice. Based upon
review of the application and evidence received, the Otsego Planning Commission closed
the public hearing and recommended by a 7-0 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:
Any proposal to subdivide a second lot for a second single family dwelling may be allowed in
the future subject to approval of applications for a PUD-CUP and preliminary and final plat.
2. Lot 1, Block 1 shall be subject to the following setback requirements:
Front
Side
Rear
Wetland
North
East
West
35ft
10ft.
10ft.
20ft.
40ft.
3. The proposed driveway accessing 59rh Street shall be subject to review and approval of the
City Engineer and shall be paved as required by Section 20-21-4.H.12.b of the Zoning
Ordinance.
4. All grading, drainage, and erosion control plans, and retaining walls shall be subject to review
and approval of the City Engineer.
5. All utility plans are subject to review and approval of the City Engineer.
6. The applicant shall pay utility availability and connection charges for one Residential
Equivalent Connection (REC) based on the City's current fee schedule in accordance with
Chapter 6, Section 1 of the City Code.
7. All easements shall be subject to review and approval of the City Engineer.
8. Park and trail dedication requirements will be satisfied as a cash fee in lieu of land at the time
of final plat approval in accordance with the City's fee schedule.
9. Outlot A is to be deeded to the City for potential use as future right-of-way or Lot 1, Block 1
and Outlot A shall be combined into a single lot on the final plat.
10. The applicant shall enter into a development agreement with the City upon approval of the
final plat, subject to review by the City Attorney and approval of the City Council.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 14th day of March, 2016.
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
Attest:
Tami Loff, City Clerk
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 65303
Phone: 763.231.6840
Facsimile: 763.42 7.0520
TPC@PlanningCo.com
PLANNING REPORT
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
DATE: 3 March 2016
ACTION DATE: 2 April 2016
RE: Otsego — Riverpointe 6th Addition
TPC FILE: 101.02
BACKGROUND
Jeff and Kelly Busch have acquired Outlots E and F, Riverpointe located in the northwest corner
of the Riverpointe subdivision and are proposing to build one single family home upon the
parcels. The proposed development requires consideration of a preliminary and final plat and
a Planned Unit Development -Conditional Use Permit (PUD-CUP) for indirect access to 59th
Street across Lot 1, Block 1, Riverpointe 5th Addition. A public hearing has been noticed for the
Planning Commission meeting on 7 March 2016 to consider the applications.
Exhibits:
A. Site Location
B. Riverpointe Preliminary Plat
C. Riverpointe 6th Addition Preliminary Plat
D. Utility Plan
E. Riverpointe 6th Addition Final Plat (2 sheets)
ANALYSIS
Outlots. The Riverpointe preliminary plat approved by the City Council on 14 August 2000
included the subject site for subdivision of eight lots accessed by extension of 59th Street. The
ability to subdivide these eight lots was conditioned upon the developer submitting revised
plans for extension of 59th Street that would comply with City standards for street grades and
avoid wetland impacts. It was determined with the Riverpointe 5th Addition final plat approved
by the City Council on 14 April 2014 that it was not feasible to construct a public street to
access the subject site as shown on the preliminary plat. When the property to the north and
west of the subject site is developed in the future, it will be more feasible to extend public
streets to the subject site. As an interim measure, an ingress/egress and utility easement was
recorded along the north line of Lot 1, Block 1 Riverpointe 5th Addition to allow access and
potential development of up to two homes within the subject site (based on the subject site
being two outlots). The submitted plans indicate platting of only one buildable lot and
development of one single family home at this time. A proposal to subdivide a second lot for a
second single family dwelling may be allowed in the future subject to approval of a PUD-CUP
and preliminary and final plat.
Zoning. The subject site is zoned R-4, Residential Urban Single Family District. Single family
dwellings are a permitted use within the R-4 District. The proposed preliminary/final plat and
development of a single family dwelling is consistent with the uses allowed by the Zoning
Ordinance.
Lot Requirements. Lots within the R-4 District are required to have a minimum area of 12,000
square feet and minimum width of 75 feet measured at the front setback line. The subject site
has an area of 324,584 square feet. The dimensions of the parcel all exceed 75 feet but the
parcel does not have frontage to a public street. Given the unique situation of the subject site
being the size that it is, being included in the Riverpointe preliminary plat, and having potential
access from the north/west by public streets in the future, the lot width can be allowed under
the PUD-CUP.
Setbacks. The table below states the setbacks required within the R-4 District. Because the
subject site does not technically have a front lot line, the required setbacks are to be
established based on anticipated extension of public streets from the north and west. The
proposed single family dwelling is located at the northwest corner of the subject site and
complies with all applicable setback requirements.
Front
Side
Rear
Wetland
North
East
West
Required
35ft
10ft.
10ft.
20ft.
40ft.
Proposed
40ft.
210ft.
35ft.
870ft.
190ft.
2
Access. Section 20-21-4.H.2 of the Zoning Ordinance requires that all uses have direct access
onto an abutting public street except as may be allowed by a PUD-CUP. As noted above,
extension of 59th Street to access the subject site in compliance with City design standards was
determined not to be feasible due to the existing topography and wetlands in the northwest
corner of the Riverpointe subdivision. As an interim measure, a 20 foot wide ingress/egress
and utility easement was recorded along the north line of Lot 1, Block 1 Riverpointe 5th Addition
to allow access.
The submitted plans provide for a 12 foot wide driveway to be constructed from the 59th Street
temporary cul-de-sac to the north side of the proposed house. The submitted plans indicate
that the proposed driveway will have slopes of as much as 12 percent, which exceeds the four
percent standard of Section 20-21-4.H.10 of the Zoning Ordinance. The City Engineer has
approved the grade and design of the driveway as acceptable given the limited use and the
topography that exists between the proposed house location and 59th Street. The proposed
driveway is to be paved as required by Section 20-21-4.H.12.b of the Zoning Ordinance.
Grading Plan. The preliminary plat illustrates the proposed grading of the subject site.
Additionally, cross section drawings for the construction of the proposed driveway have been
submitted to indicate appropriate storm water management. The preliminary plat indicates
construction of a retaining wall along a portion of the south side of the driveway and around
the rear of the proposed single family home. Any retaining wall that is over four feet in height
must be an engineered design and provide for a fence barrier at the top of the structure. All
grading, drainage and erosion control plans, and retaining walls are subject to review and
approval of the City Engineer.
Utilities. The submitted plans provide for extension of municipal sewer and water services
from 59th Street within the ingress/egress and utility easement to connect to the proposed
single family dwelling. All utility plans are subject to review and approval of the City Engineer.
The applicant will be required to pay utility availability and connection charges for one
Residential Equivalent Connection (REC) based on the City's current fee schedule. The utility
availability charge is to be paid at the time of final plat approval and the utility connection
charge will be paid at the time a building permit is issued.
Easements. Section 21-7-15 of the Subdivision Ordinance requires dedication of 10 foot wide
drainage and utility easements at the perimeter of the proposed lot and over any wetlands.
The preliminary and final plat illustrates the required perimeter easements and drainage and
utility easements were previously dedicated over the wetland within the east portion of the
subject site. All easements are subject to review and approval of the City Engineer.
Park and Trail Dedication. Platting the two existing outlots into an lot for development of a
single family dwelling triggers park dedication requirements in Section 21-7-18 of the Zoning
Ordinance. No land is proposed to be dedicated to the City for park purposes as part of the
proposed preliminary/final plat so park and trail dedication requirements will be satisfied as a
cash fee in lieu of land.
Final Plat. The applicant has submitted a final plat based on the preliminary platting of the
subject site into one lot and one outlot. Unless the proposed outlot is to be deeded to the City
for potential use as future right-of-way, City staff recommends that Lot 1, Blocl< 1 and Outlot A
be combined into a single lot on the final plat.
Development Agreement. The applicant is required to enter into a development agreement
with the City upon approval of the applications. The development agreement will provide for
compliance with the conditions of approval and require provision of securities to ensure that
the proposed improvements are completed. The development agreement is to be drafted by
the City Attorney and is subject to approval of the City Council.
Criteria. Consideration of the requested PUD-CUP to final plat a lot not abutting a public street
and allow indirect access to a single family dwelling is to be based upon the criteria outlined in
Section 20-4-2.F of the Zoning Ordinance:
The proposed action's consistency with the specific policies and provisions of the Otsego
Comprehensive Plan.
Comment: The subject site is within the East Sewer District and is guided for low
density residential uses at a density of less than 3.0 dwelling units per acre. The
proposed subdivision of eight single family lots approved with the Riverpointe
preliminary plat, which may occur in the future with public street access, and the
proposed preliminary/final plat to create one lot for a single family home is consistent
with the land uses guided by the Comprehensive Plan.
2. The proposed use's compatibility with present and future land uses of the area.
Comment; The subject site is surrounded by the following existing and planned land
uses:
Direction
Land Use Plan
Zoning Map
Existing Use
North
LD Residential
A-1 District
Cultivated field
East
LD Residential
R-4 District
Single Family
South
LD Residential
R-4 District
Single Family
West
LD Residential
A-1 District
Cultivated field
The proposed single family home will be similar and compatible with existing and
planned land uses in the area. The proposed driveway along the north side of Lot 1,
Block 1, Riverpointe 5th Addition will have limited travel and was established when the
lot was final platted making this not a City issue. There is future potential to subdivide
the subject site into multiple lots when the property to the north and west is developed.
3. The proposed use's conformity with all performance standards contained within the
Zoning Ordinance and other provisions of the City Code.
4
Comment: The proposed preliminary/final plat will comply with applicable requirements
of the Zoning Ordinance and Subdivision Ordinance except as allowed under the PUD-
CUP.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Comment: Traffic generated by the proposed use is within the capacity of 59th Street
and the proposed driveway accessing the subject site has been deemed acceptable by
the City Engineer for public safety purposes.
5. The proposed use can be accommodated by existing public services and facilities and
will not overburden the City's service capacity.
Comment: The subject site was preliminary platted to subdivide eight single family
lots. The proposed preliminary/final plat with one lot and one single family dwelling is
within the City's existing service capacity.
RECOMMENDATION
Our office recommends approval of the preliminary/final plat and PUD-CUP applications as
outlined below.
POSSIBLE MOTIONS
A. Motion to recommend approval of a preliminary/final plat and PUD-CUP for Riverpointe
6th Addition, subject to the following conditions:
1. Any proposal to subdivide a second lot for a second single family dwelling may
be allowed in the future subject to approval of applications for a PUD-CUP and
preliminary and final plat.
2. Lot 1, Block 1 shall be subject to the following setback requirements:
Front
Side
Rear
Wetland
North
East
West
35ft
10ft.
10ft.
20ft.
40ft.
The proposed driveway accessing 59th Street shall be subject to review and
approval of the City Engineer and shall be paved as required by Section 20-21-
4.H.12.b of the Zoning Ordinance.
4. All grading, drainage, and erosion control plans, and retaining walls shall be
subject to review and approval of the City Engineer.
5. All utility plans are subject to review and approval of the City Engineer.
6. The applicant shall pay utility availability and connection charges for one
Residential Equivalent Connection (REC) based on the City's current fee schedule
in accordance with Chapter 6, Section 1 of the City Code.
7. All easements shall be ubject to review and approval of the City Engineer.
8. Park and trail dedication requirements will be satisfied as a cash fee in lieu of
land at the time of final plat approval in accordance with the City's fee schedule.
9. Outlot A is to be deeded to the City for potential use as future right-of-way or
Lot 1, Block 1 and Outlot A shall be combined into a single lot on the final plat.
10. The applicant shall enter into a development agreement with the City upon
approval of the final plat, subject to review by the City Attorney and approval of
the City Council.
B. Motion to recommend the application be denied based on a finding that the request is
not consistent with the Comprehensive Plan or requirements of the Zoning Ordinance
and Subdivision Ordinance.
C. Motion to table.
C. Lori Johnson, City Administrator
Tami Loff, City Clerk
Ron Wagner, City Engineer
Andy MacArthur, City Attorney
Jeff and Kelly Busch, applicants
Dan Berning, Zeigler Custom Homes, Inc.
Dan Schmidt, Sathre-Berquist, Inc.
-- Main Office: 4,C)
- Hakanson 3601 Thurston Avenue, Anoka, MN 55303
Anderson Phone: 763/427-5860 Fax: 763/427-0520
www.haa-inc.com � i s.
Memorandum
TO: Planning Commission/City Council
BY: Ronald J. Wagner, P.E., City Engineer
CC: Lori Johnson, City Administrator
Dan Licht, City Planner
Tami Loff, City Clerk
Kurt Neidermeier, Utilities Manager
Dan Schmidt, Sathre Berquist
Dan Berning, Ziegler Custom Homes
Jeffrey and Kelly Busch,12830 43rd St NE St. Michael MN 55376
DATE: February 10, 2016
RE: Riverpointe 6tb Addition — Review
We have reviewed the Preliminary Plat and Final Plat for Riverpointe 6th Addition for conformance to
City standards and have the following comments:
Preliminary Plat
1) Driveway grade exceeds maximum driveway grade allowed. Maximum grade allowed is
10%. Driveway as shown on preliminary plat is approximately 12%.
2) The site plan must be revised to provide for a nearly flat turnaround at house so that someone
does not have to back down a steep, curving driveway in the winter.
3) Retaining walls on either side of driveway and around the house exceeds 4' in height. A
protective fence is required by the Building Code along the high side of any retaining wall
exceeding 4'. Retaining walls in excess of 4' are required to be designed by a professional
engineer licensed in Minnesota. Protective barriers along the driveway retaining walls, on
down slope side, are suggested due to grade and width of travel surface.
4) Two culverts are shown providing drainage under the driveway. Storm water calculations
determining sizing for culverts must be submitted for review and approval by the City
Engineer. Size, type and inverts of existing utilities within 150' of the project boundary must
be shown on the preliminary plat.
5) A driveway profile showing watermain service line and sanitary sewer service line is required
in the final plans. Sewer service line shows no clean outs along approximately500' of length.
The utility plan must be revised to provide cleanouts at all bends and at least midway the
length of the service. The utility plan must also indicate type, size and grade of service line.
6) The utility plan must show watermain type and sizeand analysis must be completed to ensure
existing City pressure is adequate per size of watermain. (i.e. that the pressure at the house is
still adequate after checking headlosses associated with 500' of smaller conduit and a rise of
approximately 30 ft.
2/11/2016
Page 2
7) Cross sections of the driveway and retaining walls is required and are subject to approval of
the City Enigneer.
8) Typical section of driveway is required and is subject to approval of the City Engineer.
9) Temporary and permanent erosion control is required to be shown. A NPDES permit would
be required if over 1 acre is disturbed.
10) Outlot A has no functional purpose and the preliminary plat is to be revised to combine Outlot
A with Lot .1 to create a single parcel.
Final Plat
1) Ingress/egress and utility easement over Outlot A would be required if ever sold to another
party.
2) Drainage easement is required along waterway channels. There are two waterway
channels within the subject site; one running NW to SW under driveway across both
Outlot A and Lot 1 and one along the north easterly portion of Lot 1.
3) A 20' conservation easement along the wetland is required. Conservation easement signs
(wetland buffer) are required at intervals which indicate the approximate line and can be
seen from one to the next.
4) The drainage and utility easement along the west property line must be 10' rather than 5'
when adjacent to unplatted property.
5) Outlot A is to be combined with Lot 1, Block 1 to create a single parcel.
Recommendation
Many items need to be shown and analyzed. The exceedance of driveway slope has merit due to the
uniqueness of the site. As long as the owners are aware of the issues regarding the steep slope and
potential safety and accessibility issues in adverse weather conditions I would advise allowing it. At
this point we cannot recommend approval due to the number of items that need addressing prior to
Planning Commission consideration of the applicaiton.
I -All Halcanson
-Anderson
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2014-30
RESOLUTION APPROVING DEVELOPERS AGREEMENT-
RIVERPOINTE 6Tn ADDITION
WHEREAS, Jeff Busch and Kelly Busch are seeking approval of a Plat known as
RIVERPOINTE 6TH ADDITION; and
WHEREAS, the approved Plat requires payment of City costs and fees; and
WHEREAS, those obligations are contained and memorialized in the attached
Developers Agreement; and
WHEREAS, the Developers Agreement also sets forth the escrow required 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 Jeff
Busch and Kelly Busch is hereby approved in form, subject to modification
of fees and charges as approved by City staff.
2. The Mayor and City Clerk are hereby authorized to execute the final
Developers Agreement on behalf of the City of Otsego.
ADOPTED this 14t' day of March, 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
DEVELOPMENT AGREEMENT
RIVERPOINTE 6TH ADDITION
AGREEMENT entered into this day of March, 2016 between the City of
Otsego ("City"), a municipal corporation organized under the laws of the State of
Minnesota, and Jeff Busch and Kelly Busch, husband and wife ("Developer").
1. Request for Plat Approval. The Developer has requested that the City
approve that plat entitled RIVERPOINTE 6TH ADDITION. The legal
description of the property covered by this Agreement is as follows:
Outlots E and F, RIVERPOINTE, according to the Plat on file and of record
at the Office of the County Recorder, Wright County, Minnesota.
The Plat contains one (1) single family residential lot. The plat is located within the City's
East Sewer District, is zoned R-4, Single Family Residential District as approved by
Ordinance adopted by the City Council on July 24, 2000. The Final Plat for
RIVERPOINTE 2ND ADDITION was approved by the City Council on November 14,
2005.
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 Agreement with the Wright County Recorder or Registrar of titles within
one hundred (100) days after the City Council approves the Agreement. The Developer
shall cooperate with the City in recording the Agreement and all required additional deeds
and documents and providing assurance that the Agreement and all required documents
have been properly and timely recorded.
1
3. Right to Proceed. Within the Plat, 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) this Agreement
has 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. The allocation of sanitary sewer service
to the one (1) lot within the Plat does not occur until all required security has been posted.
5. Changes in Official Controls. RIVERPOINTE 6TH ADDITION 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
RIVERPOINTE 6TH ADDITION 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, RIVERPOINTE 6TH ADDITION prepared by Sathre-
Berquist, Inc.
Plan B Grading, Drainage, and Erosion Control Plan prepared by Sathre-
Berquist, Inc. and as finally approved by the City Engineer.
7. Improvements. The Developer shall install and/or pay for the following:
A. Site grading and ponding
B. Underground installation of all utilities
2
C. Sanitary sewer lines
D. Water lines
E. Storm water management improvements
F. Setting of lot and block monuments
I. Construction surveying and staking
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 .DNF 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:
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
I. City of Otsego for sanitary sewer connections
J. City of Otsego for retaining walls
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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, 2016. 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
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 fall 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
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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.
17. 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.
18. Administrative Fee. A fee for City Administration of this project is
$1,500.00.
20. Sewer Availability Charges. The Sewer Availability Charges for the Plat
due upon Final Plat approval is as follows; 1 lot at $2,310.00 per REC = $2,310.00.
21. Sewer Connection Fees. Sanitary sewer connection fees are paid at the time
of issuance of a building permit. The applicable amount due per unit shall be the fee per
REC unit in place at the time of application for a building permit.
22. Water Availability Charges. The Water Availability Charges for the Plat
due upon Final Plat approval is as follows: 1 lot at $1,613.00 per REC = $1,613.00.
23. Water Connection Fees. Water connection fees are paid at the time of
issuance of a building permit. The applicable amount due per unit shall be the fee per REC
unit in place at the time of application for a building permit.
24. Park and Trail Dedication. The Park and Trail Dedication for the Plat is
$3,400.00.
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25. Storm Water Management Fee. There is no Trunk Storm Water Fee
applicable to this Plat.
26. Transportation Infrastructure Cost. Developer, pursuant to a separate
Agreement provided for the construction of Randolph Avenue within the RIVER PLACE
subdivision. As a result of the construction of Randolph Avenue, no additional
transportation infrastructure charges are applicable to this Plat.
27. Street and Traffic Control Signs. Before the City signs the final plat, the
Developer shall pay to the City $ 00.00 for installation of traffic control signs (stop signs,
street signs, dead-end signs). The said amount was calculated as follows: 0 signs at $250.00
per sign. Using these funds, the City shall purchase and install the street and traffic control
signs.
28. 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
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
calculated as follows: 0 lights x $2,000.00 per light for a total payment of $ 00.00. The
operation and maintenance of the street lights by the City shall not commence until such
time as the street lights are actually constructed. Street lighting shall conform to adopted
City Code.
29. City Engineering Administration and Construction Observation, Legal Fees
Escrow and City Fees. The Developer shall pay a fee for consulting 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, which are estimated to be three percent (3%) of the estimated construction cost of
the Plan C Improvements to be inspected, assuming normal construction and project
scheduling. The Developer shall pay for construction observation performed by the City
Engineer. Construction observation shall include part or full time observation, as
determined by the City Engineer, of proposed street, sanitary sewer, water and storm
drainage construction and will be billed on hourly rates actually required for said inspection,
which are estimated to be five percent (5%) of the estimated construction cost of the Plan C
Improvements to be inspected. In the event of prolonged construction or unusual problems,
the City will notify the Developer of anticipated cost overruns for engineering
administration and observation services. Any amounts for engineering administration not
utilized from this escrow fund shall be returned to the Developer when all improvements
have been completed, all financial obligations to the City satisfied, and the required "as
constructed" plans have been received by the City.
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The escrow and fee account shall also include estimated fees for Legal expenses
actually incurred (with any excess funds, if any, returned to Developer as indicated further
in this Paragraph 29), 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 CITY FEES
City Construction Administration and Utility and Street Inspection Fees
estimated $3,000.00
Legal Fees ( actual billings to be paid) $1,500.00
City Administration Fee $1,500.00
Park and Trail Dedication $3,400.00
Sewer Availability Charge ( 1 lot at $2,310.00 per REC) $2,310.00
Water Availability Charge ( 1 lot at $1,613.00 per REC) $1,613.00
TOTAL $13,323.00
This escrow amount shall be submitted to the City prior to the City executing this
Agreement. All administrative and legal fees related to plan review, drafting of this
Agreement and any other necessary items shall be paid to the City prior to execution of this
Agreement. Any amounts for legal and engineering not utilized from this escrow fund shall
be returned to the Developer when all improvements have been completed, all financial
obligations to the City satisfied, and the required "as constructed" plans have been received
by the City.
All other amounts listed as flat fees are non-refundable and available immediately for City
use when posted.
30. Security. To ensure compliance with the terms of this Agreement, and
construction of all public improvements, the Developer shall furnish the City with a cash
escrow or Irrevocable Standby Letter of Credit with automatic renewal provisions in the
amount of $00.00 said amount calculated as follows:
Site Grading, Erosion Control & Wetland Protection $00.00
Sanitary Sewer- Lateral & Trunk $00.00
Watermain- Lateral & Trunk $00.00
Storm Sewer- Lateral $00.00
Streets $00.00
Engineering and Surveying Construction Services $00.00
Landscaping $00.00
SUBTOTAL $00.00
TOTAL SECURITY $00.00
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 (NA) 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 $00.00, which is the amount of warranty security. A warranty
security in the amount of $ 00.00 shall be posted with the City as set forth in paragraph 34
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
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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 Agreement.
All administrative and legal fees related to plan review, drafting of this Agreement and any
other necessary items shall be paid to the City prior to execution of this Agreement.
The security for this Agreement shall be an Irrevocable Standby Letter of Credit with
automatic renewal provisions conforming to the requirements of this Paragraph or cash in
the amount of $00.00.
31. Landscaping. The Developer shall install two (2) 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 fail
to install landscaping according to this Agreement. Landscaping security to insure
compliance with the approved Landscape Plan shall be $1,000 per lot to be 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 at the time of application for a building permit on each lot.
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.
Developer is also required to implement a Landscaping Plan including
boulevard landscaping along City streets as well as designated other plantings. Security
shall be posted in order to insure compliance with the approved Landscaping Plan.
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32. Significant Trees. There are no significant trees within the Phase. The
Developer is not required to replace any significant trees.
33. Meters. Meters shall be provided as per City policy.
34. 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
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 $00.00. 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.
35. 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.
36. 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: None.
37. 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
the Plat, including, but not limited to, legal, planning, engineering, and
inspection expenses incurred in connection with development of said
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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 (30) days shall accrue interest at the rate of twelve percent (12%)
per year.
38. 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.
39. 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 Phase does not comply, the
City may, at its option, refuse to allow construction or development
II
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
Developer's work or the work of their subcontractors or by one
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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 further 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 a part 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.
40. Previous Developer's Agreement. Applicable portions of the previous
Developers Agreements for RIVERPOINTE still remain in effect for this Plat, subject only
to modifications set forth in this Agreement.
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41. 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: Attention:
. Notice to the City shall
be in writing and shall be either hand delivered to the City Clerk at the following address:
City of Otsego, City Hall, 13400 90t' Street NE, Otsego, MN 55330, Attention: City Clerk
STATE OF MINNESOTA )
) SS.
CITY OF OTSEGO
Jessica Stockamp, Mayor
Tami Loff, City Clerk
JEFF BUSCH & KELLY BUSCH
DEVELOPER
Jeff Busch
Kelly Busch
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COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
2016, 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
STATE OF MINNESOTA )
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2016 by Jeff Busch and Kelly Busch, husband and wife.
DRAFTED BY:
MACARTHUR LAW OFFICE, LLC
3 601 Thurston Avenue North
Suite 103
Anoka, MN 55303
(763) 231-5850
Notary Public
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