ITEM 4.4 Wildflower Meadows 6th AddtionP
OtSezT
F o
MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT:
Planning
REQUESTOR:
City Planner Licht
MEETING DATE:
10 October 2016
PRESENTER(s):
REVIEWED BY:
ITEM #:
City Planner Licht
City Administrator Johnson
4.4— Wildflower Meadows 6th
City Engineer Wagner
City Attorney MacArthur
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of the Wildflower Meadows 6th Addition final plat, development
agreement and vacation of existing drainage and utility easement.
ARE YOU SEEKING APPROVAL OF A CONTRACT? I IS A PUBLIC HEARING REQUIRED?
Yes.
BACKGROUND/JUSTIFICATION:
Yes.
Meridian Land Holdings LLC has submitted application for final plat approval of 24 single family lots to
be known as Wildflower Meadows 2"d Addition. Rottlund Homes Inc. had received preliminary plat and
planned unit development -conditional use permit (PUD-CUP) approval for Wildflower Meadows on 13
March 2006.
Preliminary Plat Consistency. The proposed final plat is generally consistent with the revised
site design for this area of the development as approved with Wildflower Meadows 2nd Addition.
The revised site design eliminates the planned connection of 72nd Street to River Road (CSAH 42)
by looping this street back to the north to intersect Quigley Avenue. The change to the
subdivision design results in two additional lots and will minimize potential cut -through traffic
within the neighborhood between River Road (CSAH 42) and the adjacent Riverbend South
commercial development at TH 101/701h Street (CSAH 37). The revised site design also
eliminates a cul-de-sac street. There is adequate utility capacity to accommodate the two
additional lots and traffic generated by these two additional lots will not overburden the streets
within the subdivision or roadways accessing the neighborhood. The reconfiguration of the
subdivision design also meets all of the applicable lot requirements.
■ Zoning. The subject site is zoned, R-6 Residential Medium Density District, which allows single
family dwellings as a permitted use.
■ Lot Requirements. Under the PUD-CUP approved with the preliminary plat, single family lots
within Wildflower Meadows are subject minimum requirements shown below. All of the
proposed lots illustrated on the final plat comply with these requirements.
Min. Setbacks
Lot Width
Front Side Rear
Bldg. Garage Corner Interior Interior CSAH 42
55ft.1 25ft. 30ft. 25ft. 7ft. 30ft. 65ft.
1. Except Lot 1, Block 1 as shown on the Final Plat
■ Landscaping. The preliminary plat/PUD-CUP approval for Wildflower Meadows included a
landscape plan to provide for boulevard landscaping along the public streets as well as buffer
yard plantings required by Section 20-16-7.D of the Zoning Ordinance along the rear lines of Lots
1-9, Block 1. The developer will be required to install this landscaping as a condition of final
plat approval and provide security as part of the development agreement.
■ Access. Wildflower Meadows has two accesses via 70th Street (CSAH 37) and one intersection
with River Road (CSAH 42). The preliminary plat approval for Wildflower Meadows included
payment of 50 percent of the Collector Street Access charge in effect at time of final plat
approval for each addition. The development agreement includes payment of the applicable
fee.
■ Streets. Streets within Wildflower Meadows are designed with a 60 foot right-of-way and 28
foot street section with concrete curb and gutter. A five foot wide concrete sidewalk will be
constructed along the east side of the public street within the proposed final plat. All street
construction plans are subject to review and approval of the City Engineer.
■ Park and Trail Dedication. The preliminary plat for Wildflower Meadows included dedication of
6.38 acres to the City for a neighborhood park, which has been developed as Northwood Park.
This dedication partially satisfied the park and trail dedication requirements applicable to
Wildflower Meadows with the balance to be met as a cash fee in lieu of land equal to 41.7
percent of the City's current cash fee in effect at the time of final plat approval. The calculation
of park and trail dedication fees in lieu of land applicable to the proposed final plat outlined in
the development agreement.
Easements. The final plat dedicates drainage and utility easements at the perimeter of each lot
in accordance with Section 21-7-15.A of the Subdivision Ordinance. The easements along the
rear lines of each block are expanded to include overland drainage areas. The developer is
requesting vacation an existing foot wide drainage and utility easement that overlays Lot 1,
Block 1 and the public right-of-way on the proposed final plat. This right-of-way serves no
public purpose and its vacation allowed for development of the subject site in accordance with
the Comprehensive Plan. All drainage and utility easements are subject to approval of the City
Engineer.
■ Grading and Drainage Plans. The developer has submitted grading and drainage plans for the
proposed final plat that are subject to review and approval by the City Engineer. There is no
Stormwater Impact Charge for Wildflower Meadows.
Utilities. The developer has submitted utility plans for the proposed final plat. All utility plans
are subject to review and approval by the City Engineer. The developer is required to pay Utility
Availability charges of 1,613/REC for water and $2,310/REC for sewer at the time of final plat
approval as outlined in the development agreement. Utility connection charges will be
collected at the time a building permit is issued for each lot based on the fee in effect at that
time.
Street Lighting. Section 6-8-4 of the City Code specifies installation of street lighting for new
subdivisions. Type I lighting will be required to be installed at a mid -block location(s) by the
developer as determined by the City Engineer. The development contract will provide for
payment of the street light operation fee of $2,000 per fixture as established by the City Code.
Outlots. There are existing high-pressure gas lines transecting the property that were to be
platted as outlots and retained by a Homeowners Association under the original approvals.
With the approval of Wildflower Meadows 2"d Addition, it was established that these corridors
are to be deeded to the City. The gas line easement corridors are platted as Outlots A, B, and C
on the final plat. There are no other outlots.
■ Development Agreement. The City Attorney has drafted a development agreement related to
the proposed final plat to provide for construction of the project, completion of all public
improvements, establishment of required securities and payment of applicable fees. The
Development Agreement is to be adopted by resolution of the City Council concurrent with the
final plat approval and executed prior to recording of the final plat.
SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE
A. Site Location
B. Engineering Review dated September 14, 2016
C. Findings of Fact and Decision
D. Resolution 2016-85 vacating existing drainage and utility easement
D. Resolution 2016-86 approving a Development Agreement
E. Development Agreement
F. Final Plat
Dr%QQ!Ql F MnTIOM
Please word motion as you would like it to appear in the minutes.
Motion to approve the Wildflower Meadows 61h Addition Final Plat subject to the conditions as outlined
in the Findings of Fact and Decision dated September 23, 2016, adopt Resolution 2016-85 vacating
existing drainage and utility easement, and adopt Resolution 2016-86 approving a Development
ement.
Qi nlf_CT IAIC'nP"ATInIV
FUNDING: BUDGETED: ❑ YES
❑ NO
NA
ACTION TAKEN
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
j1 %-7, T,
j 0--
, 11118500351205',"00 1:05.0.0362-2
8500351400
E
Lu %k
118500363200
118500354200
—ul
1185003631.01
1.29 900001W!,
IIIIIIIIIIIIIIIIIM
Overview
. 61
Legend
Roads
— CSAHCL
— CTYCL
— MUNICL
— PRIVATECL
— TWPCL
Highways
Interstate
State Hwy
US Hwy
City/Township Limits
c
t
Parcels
23 September 2016
i
�rti.
is��
tV Nh.: S iY:.
FINDINGS OF FACT AND DECISION
APPLICANT: AsheProperties LLC
APPLICATION: Request for approval of a Final Plat for 24 single family lots to be known as
Wildflower Meadows 6th Addition.
CITY COUNCIL MEETING: 10 October 2016
FINDINGS: Based upon review of the application 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 Outlot E, Wildflower Meadows 2nd Addition, City of
Otsego, Wright County, State of Minnesota.
B. The subject site is guided by the Comprehensive Plan for low/medium density residential
land uses within the East Sewer District.
C. The subject site is zoned R-6, Medium Density Residential District.
D. The City Council approved a preliminary plat and PUD-CUP for the subject site on 13 March
2006.
E. The applicant is proposing a final plat of 24 single family lots to be known as Wildflower
Meadows 6th Addition.
F. The Request for Council Action dated 9 October 2016 prepared by the City Planner, The
Planning Company LLC, is incorporated herein.
G. The Engineering Review dated September 16, 2016 prepared by the City Engineer,
Hakanson Anderson Inc., is incorporated herein.
H. Final plat applications are processed in accordance with Section 21-3-3 of the Subdivision
Ordinance and do not require a recommendation by the Planning Commission.
DECISION: Based on the foregoing information and applicable ordinances, the application is
hereby APPROVED subject to the following conditions:
1. The applicant shall execute a development agreement as drafted by the City Attorney and
subject to approval of the City Council.
2. All of the lots within Wildflower Meadows 6th Addition shall comply with the following
minimum lot requirements:
Lot Width Setbacks
Front Side Rear
Bldg. Garage Corner Interior ICSAH 42
nterior
55ft. 25ft. 30ft. 25ft. 7ft. 30ft. 1 65ft.
1. Except Lot 1, Block 1 as shown on the Final Plat
3. The applicant shall install trees along the boulevards of the public streets and rear yards of
Block 1 abutting River Road (CSAH 42) in accordance with the Final Landscape Plan dated
January 17, 2007 as approved with the preliminary plat and PUD-CUP, subject to approval of
City staff.
4. The final plat shall be revised to designate the public street as 72nd Circle; All street
construction plans are subject to review and approval of the City Engineer.
5. Outlots A, B, and C shall be deeded to the City.
6. Park dedication requirements shall be satisfied as a cash fee in lieu of land upon approval of
the final plat in accordance with the formula established with the preliminary plat approval
and the current fee in effect at the time of final plat approval, subject to review and approval
of the Zoning Administrator.
7. All grading, drainage, and erosion control plans are subject to review and approval by the
City Engineer.
8. The applicant shall pay applicable utility availability charges upon approval of the final plat
and all utility plans are subject to review and approval of the City Engineer.
9. Street lighting shall be installed within the final plat in accordance with Section 6-8-4 of the
City Code with payment of charges as established in accordance with the City Fee Schedule,
subject to review and approval of the City Engineer.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
Attest:
ADOPTED by the City Council of the City of Otsego this 10th day of October, 2016.
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
Tami Loff, City Clerk
2
RESOLUTION NO.: 2016 - 85
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
A RESOLUTION APPROVING VACATION OF EXISTING DRAINAGE AND UTILITY
EASEMENTS WITHIN WILDFLOWER MEADOWS 2nd ADDITION.
WHEREAS, the City of Otsego approved a final plat of Wildflower Meadows 6th
Addition for land legally described as Outlot E, Wildflower Meadows 2nd Addition, City of
Otsego, Wright County, State of Minnesota; and,
WHEREAS, the Outlot E, Wildflower Meadows 2nd Addition includes an existing
drainage and utility easement described by Exhibit A; and,
WHEREAS, the final plat of Wildflower Meadows 6th Addition would establish
those drainage and utility easements required by Section 21-7-15 of the Subdivision
Ordinance; and,
WHEREAS, the easements dedicated by Wildflower Meadows 61h Addition Final
Plat would supersede and make unnecessary those drainage and utility easements
described by Exhibit A; and,
WHEREAS, AsheProperties LLC has applied for vacation of the drainage and
utility easements described by Exhibit A; and,
WHEREAS, the City Council held a public hearing at their regular meeting on 10
October 2016 to consider the vacation, preceded by required published and mailed
legal notice; and,
WHEREAS, the City Council heard all parties interested therein and closed the
public hearing; and,
WHEREAS, the drainage and utility easements described by Exhibit A serve no
useful public purpose upon concurrent recording of a final plat for Wildflower Meadows
6th Addition; and,
WHEREAS, the City Council having considered all information received related
to the proposed vacation and easement dedication finds that vacating a portion of the
existing right-of-way as described by Exhibit A would be in the public interest; and,
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego
that Otsego hereby orders:
1. That the drainage and utility easement located in the City of Otsego, Wright
County, State of Minnesota described by Exhibit A is.hereby vacated.
2. The vacation of said drainage and utility easement shall be effective upon the
recording of a final plat for Wildflower Meadows 6th Addition.
3. The City Council hereby determines that the vacation of said drainage and utility
easement shall cause no damage to any abutting or nearby property owners and
therefore no damages are awarded to any such property owners.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 10th day of
October, 2016.
ATTEST:
Tami Loff, City Clerk
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
2
Review No. 1
IvHakanson
Anderson
ENGINEERING REVIEW
Residential Subdivision
for the City of Otsego
by
Hakanson Anderson
Submitted to: Honorable Mayor and City Council
cc: Lori Johnson, Administrator
Tami Loff, City Clerk
Dan Licht, City Planner
Andy MacArthur, City Attorney
Bill Orttel, AsheProperties LLC
Paul Cherne, P.E., Pioneer Engineering
Reviewed by: Ronald J. Wagner, P.E.
Brent M. Larson, P.E.
Date: September 14, 2016
Proposed
Development: Wildflower Meadows 6th Addition
Street Location A portion of the SE'/4 of the SE'/4 of S26, T121, R23.
of Property: SW of CSAH 42, east of Hwy 101 and north of CSAH 37.
Applicant: AsheProperties LLC
10714 175th Avenue NW
Elk River, MN 55330
Developer: AsheProperties LLC
Owners of Record: AsheProperties LLC
Purpose: Wildflower Meadows 61h is an 11.33+ acre proposed 24 lot single-
family residential development within the original 82± acres of
Wildflower Meadows development 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 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 AVAILABLE
FINAL PLAT
CONSTRUCTION PLANS
COVER SHEET
DEVELOPMENT PLAN
SANITARY SEWER AND WATERMAIN
STORM SEWER CONSTRUCTION
STREET CONSTRUCTION
CONSTRUCTION DETAILS
GRADING PLAN & EROSION CONTROL PLAN
GRADING DETAILS
STORM WATER MANAGEMENT
OTHER CONSIDERATIONS
SUMMARY AND/OR RECOMMENDATION
PAGE 2
S:\Municipal\Aotsego23xx\2324.061ot2324.06RVW1.docx
INFORMATION AVAILABLE
Final Plat for Wildflower Meadows 6th Addition, 8/2/16 submittal, by Pioneer Engineering
Construction Plans for Wildflower Meadows 6th Addition, dated 6/18/14, by Pioneer Engineering
Grading Plans for Wildflower Meadows 6th Addition, dated 6/18/14, by Pioneer Engineering
Storm Sewer Design Calculations and Drainage Area Map, dated 6/16/14, by Pioneer
Engineering
Wildflower Meadows
As -built Construction Plans for Wildflower Meadows 2nd Add, 3/30/16 revision, by Pioneer
Engineering
As -built Construction Plans for Wildflower Meadows, 10/20/08 revision, by Pioneer Engineering
As -built Grading Plans for Wildflower Meadows, 6/20/07 revision, by Pioneer Engineering
Storm Sewer Design for Wildflower Meadows, 4/10/07 revision, by Pioneer Engineering
Hydrology Report for Pinnacle Crossing, 10/30/06 revision, by Pioneer Engineering
Existing Conditions of Pinnacle Crossing, 1/13/06 revision, by Pioneer Engineering
Preliminary Plat of Wildflower Meadows, 4/15/06 revision, by Pioneer Engineering
Preliminary Utility Plan for Pinnacle Crossing, 1/13/06 revision, by Pioneer Engineering
Phase 1 Environmental Site Assessment, 2/4/04 revision, by Braun Intertec Corp.
Geotechnical Report for Pinnacle Crossing, 1/29/04 revision, by Braun Intertec Corp.
Wetland Delineation Report for Pinnacle Crossing, 11/6/03 revision, by Pioneer Engineering
City of Otsego Engineering Manual
Trunk Stormwater Facilities Study for Portions of Lefebvre Watershed, March 1999
City of Otsego Zoning and Subdivision Ordinances
National Wetland Inventory Map, 1991
PAGE 3
S:\Municipal\Aotsego23xx\2324.06\ot2324.06RV W1.docx
FINAL PLAT
L Additional Easement is needed along the storm sewer line in the rear yards of Lots 2-7,
Block 1. A minimum of 10' on each side of the pipe is needed.
2. The cross drainage from Lot 9 onto Lot 8, Block 1 and from Lot 6 onto Lot 5, Block 4
shall be revised to flow within an easement.
Swale at rear of Lot 8, Block 1 appears to be outside of the easement.
4. The lot width at the setback line for Lot 1, Block 1 appears to be only 49' which is less
than the 55' minimum width.
CONSTRUCTION PLANS
COVER SHEET
5. Revised the location map to show just the 6d' Addition.
6. Plans shall be signed and dated by the Engineer.
7. The datum for the benchmarks shall be labeled (all sheets). Should be NGVD 1929
datum.
DEVELOPMENT PLAN (SHEET 2)
A separate sheet of the lot tabulation shall be submitted in addition to the table on the
plans.
9. The catchbasin and storm sewer that is being removed (including the easement in Lot 1,
Block 1) shall be removed from the drawing.
10. Drainage arrows are necessary.
11. Label all "green area" catch basin rim elevations.
12. It appears that the Emergency Overflow (EOF) for block 4 is 889.2 between Lots 3 and 4.
Verify that there is not different EOF across the gas line or along the side lot line of Lot
1.
13. The lot corner elevations and storm sewer/retaining wall information overlap and
information is difficult to read.
SANITARY SEWER & WATERMAIN (SHEET 3-4)
14. Sheet 3, the existing watermain and valves at the intersection of Quigley Ave and 72nd St
(both) shall be shown. The connection to the existing watermain at 72"d Street (south)
will need a new valve as an existing home is already using this line and will need to be
isolated. The connection to the existing watermain at 72nd Street (north) will not require
PAGE 4
S:\Municipal\Aotsego23xxN2324.06\ot2324.06RV W1.docx
a new valve. The existing valve at the intersection shall be used to isolate and test this
line. This should be pointed out to the contractor.
15. Sheet 4, the existing watermain and valves at the intersection of Quigley Ave and 72nd St
shall be shown. The connection to the existing watermain at 72nd Street (south) will need
a new valve as an existing home is already using this line and will need to be isolated.
16. Label the length of watermain on each sheet.
17. No bends are allowed on the sanitary sewer services within the ROW. Bends are
currently being shown on many sanitary services.
18. Sheet 4, call out the top of watermain elevation at the storm sewer crossing near station
2+50.
STORM SEWER CONSTRUCTION (SHEETS 5-6)
19. The pipe grades from CBMH 196 to CB 198 and from MH 195 to CBMH 199 do not
agree with the storm sewer design calculations. Review and revise.
20. Show the ROW lines in the plan view (sheets 5 & 6).
STREETS CONSTRUCTION (SHEETS 7-8)
21. The vertical sag curves at station 1+51, 6+50 do not meet the minimum "K" values or
lengths for 30 mph design speed.
22. The street section shown was attempted in the previous additions of Wildflower
Meadows and in many cases it was determined to be insufficient with the subgrade
observed after the utilities were installed and all the'different soils were mixed. The
current typical section is the absolute minimum section the City allows and we
recommend reviewing this section and providing a thicker section to start.
DETAILS (SHEETS 9-11)
23. No comments.
GRADING AND EROSION CONTROL PLAN (SHEETS GI-G2)
24. Per Wright County comments dated 8/29/16, no increase to the peak runoff to the CSAH
42 right-of-way should result from this development. Providing a bermed swale to direct
the rear yard runoff to the rear yard catch basins in Block 1 should help meet this
requirement. Currently it appears that the runoff bypasses these catch basins in this area.
25. Provide a legend for the grading plan. It is unclear what the hatching on each lot
indicates and the hatching makes the plans difficult to read.
26. See comments 1I-13.
PAGE 5
S:\Municipal\Aotsego23xx\2324.06\ot2324.06RVW1.docx
27. Remove the catchbasin and storm sewer that is being removed (including the easement in
Lot 1, Block 1) from the grading plans.
28. A high point is needed between CBs 189 and 190 in the rear yards of Lots 2 & 3, Block
4. Label this high point to provide a minimum 2% grade.
29. It appears to be steeper than the maximum allowable slope of 4:1 between Lots 2 &3, 4 &
5, 8 & 9, Block 1 and between Lots 5 & 6, Block 4. There is also a 6' difference
between Lots 4&5, Block 4 garage floor elevations. In many of these cases it is because
of the change in house types (walk -out next to a lookout or a slab on grade next to a
lookout). Retaining walls will probably be required on the high side of the lot line so
positive drainage can be provided towards the side lot line, away from the downstream
house.
30. Grading into the gas main easement near Lot 1, Block 1 will need permission from the
easement owner.
GRADING AND EROSION CONTROL PLAN (SHEETS G3-G4)
31. Inlet protection is needed on the downstream existing catch basins at both connection
points.
STORM SEWER MANAGEMENT
32. Inlet spread calculations are required. A maximum spread of 2/3 of the drive lane is
allowed. It appears that CBMH 199 and 200 may not meet this requirement.
33. Storm sewer drainage area map shall have the storm sewer and proposed grading
contours shown.
34. Storm sewer design calculations shall provide justification for the "C" values used
(typically we used 0.2-0.3 for rear yard runoff).
35. The pipe grades from CBMH 196 to CB 198 and from MH 195 to CBMH 199 do not
agree with the storm sewer design calculations. Review and revise.
36. The site shall infiltrate the water quality volume of 1" over the new impervious area per
the NPDES permit. Otherwise, the hydrology report submitted as part of the original
Wildflower Meadows submittal included the 6th Addition and was found acceptable.
OTHER CONSIDERATIONS
l . Crossing of the gas main easement will require permission from the owner of the
easement.
SUMMARY AND/OR RECOMMENDATION
We recommend approval contingent upon the above comments being addressed.
PAGE 6
S:\Municipal\Aotsego23xx\2324.06\ot2324.06RV W 1.docx
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2016-86
RESOLUTION APPROVING DEVELOPERS AGREEMENT
WILDFLOWER MEADOWS 6TH ADDITION
WHEREAS, Asheproperties, LLC is seeking approval of a Plat known as
WILDFLOWER MEADOWS 6TH 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;
The attached Developers Agreement between the City of Otsego and
Asheproperties, LLC is hereby approved, subject to Staff approved
changes.
2. The Mayor and City Clerk are hereby authorized to execute the Developers
Agreement on behalf of the City of Otsego.
ADOPTED this 10th day of October, 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
PA
DEVELOPMENT AGREEMENT
WILDFLOWER MEADOWS 6TH ADDITION
AGREEMENT entered into this day of September, 2016 between the City of
Otsego ("City"), a municipal corporation organized under the laws of the State of
Minnesota, and Asheproperties, LLC, a Minnesota limited liability company ("Developer").
1. Request for Plat Approval. The Developer has requested that the City
approve that plat entitled WILDFLOWER MEADOWS 6TH ADDITION.
The legal description of the property covered by this Agreement is as follows:
See Exhibit A.
The Plat contains twenty four (24) single family lots. The plat is located within the City's
East Sewer District, the plat is zoned PUD, Planned Unit Development District as approved
by ordinance by the City Council on July 25, 2016; a PUD Development Stage Plan and
preliminary plat was approved by Ordinance adopted by the City Council on July 25, 2016.
The Plat is a phase of a multi -phased preliminary plat, the preliminary plat approval for all
phases not final platted shall lapse and be void unless final platted into lots and blocks, not
outlots, within five (5) years after preliminary plat approval. The Final Plat for
WILDFLOWER MEADOWS 6T14 ADDITION was approved by the City Council on
Octoberl0, 2016.
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
1
and documents and providing assurance that the Agreement and all required documents
have been properly and timely recorded.
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 twenty four (24) dwellings within the Plat does not occur until all required security
has been posted.
5. Changes in Official Controls. WILDFLOWER MEADOWS 6'
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 WILDFLOWER MEADOWS 6Tn 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, WILDFLOWER MEADOWS 6TH ADDITION prepared by
Pioneer Engineering, P.A.
Plan B Grading, Drainage, and Erosion Control Plan prepared by Pioneer
Engineering, P.A. and as finally approved by the City Engineer.
Plan C Sanitary Sewer, Water Main, Storm Sewer and Streets Plans for
WILDFLOWER MEADOWS 6TH ADDITION, as prepared by
2
Pioneer Engineering, P.A. and as finally approved by the City
Engineer.
Plan D Landscape Plan for WILDFLOWER MEADOWS 6TH ADDITION,
prepared by Pioneer Engineering, P.A., and as finally approved by the
City Zoning Administrator.
7. Improvements. The Developer shall install and/or pay for the following:
A. Streets
B. Street lights
C. Site grading and ponding
D. Underground installation of all utilities
E. Sanitary sewer lines
F. Water lines
G. Storm water management improvements
H. Setting of lot and block monuments
I. Construction surveying and staking
J. Traffic control signs
Improvements shall be installed in accordance with City standards, the City
Code, and the above -referenced plans that have been furnished to the City and approved by
the City Engineer. The Developer shall obtain all necessary permits before proceeding with
construction. The City shall provide adequate field inspection personnel to assure
acceptable quality control, which will allow certification of the construction work. The City
may, when reasonably required to do so by the City Engineer, and at the Developer's
expense, have one (1) or more City inspectors and a qualified engineer inspect the work.
Within thirty (30) days after the completion of the improvements and before all retained
security is released, the Developer shall supply the City with a complete set of reproducible
"as constructed" and an electronic file of the "as constructed" plans in AutoCAD.DWG file
or a .DXF file, all prepared in accordance with City standards. Before the security for the
completion of utilities is fully released, iron monuments shall be installed in accordance
with Minnesota Statutes 505.02. The Developer's surveyor shall submit a written notice to
the City certifying that the monuments are installed following site grading, utility and street
construction.
8. Contractors/Subcontractors. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships and other entities in
which such individuals have greater than a twenty five percent (25%) ownership interest or
in which they are an officer or director may not act as contractors or subcontractors for the
public improvements identified in Paragraph 7 above.
9. Permits. The Developer shall obtain or require its contractors and
subcontractors to obtain all necessary permits, which may include, but are not limited to:
9
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
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 October 31, 2017, with the exception of the final wear course of asphalt on streets and
landscaping. The final wear course on streets shall be installed between August 15th and
October 15t ` the first summer after the base layer of asphalt has been in place one freeze
thaw cycle. 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 thirty (30) 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.
n
13. Erosion Control. Prior to initiating site grading, and before any utility
construction is commenced or further building permits are issued, the erosion control plan,
Plan B, shall be implemented by the Developer and inspected and approved by the City. If
the City Engineer determines that it would be unreasonable to require full implementation
of the erosion control plan prior to utility construction or issuance of certain building
permits, he shall state in writing what construction can take place and what particular
building permits can be issued prior to full implementation. The City may impose additional
erosion control requirements if, in the reasonable 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 and opportunity to cure, take action as it deems
appropriate.
14. Grading Plan. Plat grading shall be in accordance with the approved
grading plan, Plan B. The plan shall conform to City specifications and the City Code.
Ponds, swales, and ditches shall be constructed on public easements or land owned by the
City. Within thirty (30) days after completion of grading and before any retained security is
fully released, the Developer shall provide the City with an "as built" grading plan including
certification by a registered land surveyor or qualified engineer that all ponds, swales, and
ditches have been constructed on public easements or land owned by the City. "As built"
plans shall include field verified elevations of the following:
A. Cross sections of ponds
B. Location and elevations of swales and ditches
C. Lot corners and house pads
Occupancy permits shall not be issued by the Building Official until the
grading and drainage plan is certified as set forth above.
15. Clean Up. The Developer shall promptly clean any and all dirt and debris
from streets and construction sites in accordance with the City Code resulting from
construction work by the Developer, its agents or assigns.
16. Ownership of Improvements. Upon acceptance by the City Council of the
work and construction required by this Agreement, improvements lying within public
easements and public right-of-way shall become City property without further notice or
action.
17. Streets. The Developer agrees to maintain the streets in the Plat until the
base course bituminous has been accepted by the City. Should the City be required to grade
the street prior to paving, the cost of such grading shall be paid by the Developer and draw
from the Developer's letter of credit. Should snow plowing be necessary prior to street
paving, the Developer shall be responsible for such plowing as may be required by the City.
s
If, upon Developer's request, the City agrees to plow the streets prior to acceptance, such
work will be done upon agreement that the Developer will hold harmless and indemnify the
City from any and all liability claims related to such work and pay all costs associated with
that work. Any plowing undertaken by the City will constitute no acceptance or evidence of
acceptance of the street(s) in question.
The final wear course shall not be constructed until at least one construction season after the
base construction is completed and shall be delayed one more construction season if at least
75% build out is not achieved. However, the final wear course shall not be delayed for a
period longer than two years after the base course is paved, regardless of build out; in which
case, the Developer shall provide an escrow for fog sealing the streets in the event the final
wear course is placed prior to 75% build out. Upon final completion of the streets and
acceptance by the City as a City street rather than a private drive, the Developer shall
guarantee to the City for a period of two (2) years that the streets have been constructed to
City standards. The warranty period shall not commence until such time as street
construction is completed and the streets are accepted as City streets by the City. The two
(2) year warranty set forth above commences upon the date on which the City accepts the
streets by resolution.
18. Sewage Treatment. No occupancy permit for any building within the Plat
will be issued by the City unless the Building Official has inspected both the sewer and
water connections to the building and has certified that they have been constructed
satisfactorily in accordance with City specifications and the City Code.
19. Administrative Fee. A fee for City Administration of this project is one
percent (1 %) of estimated construction costs of the public improvements, or $3,922.00.
20. Sewer Availability Charges. The Sewer Availability Charges for the Plat
due upon Final Plat approval is as follows; 24 units at $2,310.00 per REC = $55,440.00.
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: 24 units at $1,613.00 per REC = $38,712.00.
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. Land was dedicated with the preliminary plat
and first final plat of Wildflower Meadows in partial satisfaction of park and trail dedication
requirements. The balance of park dedication requirements for each phase of Wildflower
6
Meadows, including the subject site, is by payment of 41.7 percent of the park and trail
dedication fee in lieu of land adopted as part of the City's fee schedule in effect at the time
of final plat approval on a per dwelling unit basis. The Park and Trail Dedication fee is cash
as follows; 24 units x $3,400.00 per unit x 41.7% _ $34,027.20.
25. Storm Water Management Fee. There is no Stormwater Area Charge for
the plat of Wildflower Meadows, which includes the subject site.
26. , Transportation Infrastructure Cost. Preliminary Plat approval for
Wildflower Meadows, which includes the subject site, requires payment of 50% of the
collector street access fees calculated as follows: 24 units x 1,460.00 per unit x 50% _
$17,520.00.
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 is calculated as follows: zero (0) signs at
$250.00 per sign= $00.00. 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: 1 light x $2,000.00 per light for a total payment of $2,000.00.
Developer shall also install and pay for one (1) additional street light internal to the Plat.
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. All City fees and costs billed to
Developer pursuant to this Agreement shall be billed at City's customary rates therefor.
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:
Engineering Services Escrow
8% of $ $392,215.00
$31,377.00
Legal Services Escrow
1% of $392,215.00
$3,922.00
City Administration Fee
1% of $392,215.00
$3,922.00
Street Signs
0 at $250.00 per sign
$00.00
Street Lights
1 at $2,000.00 per light
$2,000.00
Sewer Availability Charge
24 units at $2,310.00 per REC
$55,440.00
Water Availability Charge
24 units at $1,613.00 per REC
$38,712.00
Stormwater Impact Charge
NA
$00.00
Transportation Charge
24 units at $1,460.00 per unit x
50%
$17,520.00
Park and Trail Dedication Fee
GIS Data Entry Fee
Wetland Delineation Review
24 units x $3,400/unit x 41.7%
11.33 acres x $100 per acre
0 Review x $2,000.00 per
review
$34,027.20
$1,133.00
$00.00
TOTAL
$188,053.20
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.
s
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 $628,518.75 said amount calculated as follows:
Site grading, erosion control and wetland protection
$33,990.00
Sanitary sewer (lateral & trunk)
$119,450.00
Watermain (lateral & trunk)
$88,520.00
Storm Sewer (lateral & trunk)
$70,275.00
Streets
Landscaping
$113,970.00
$48,000.00
Engineering services
$28,610.00
SUBTOTAL
25% additional security
$502,815.00
$125,703.75
TOTAL
$628,518.75
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 reasonably 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 initially ending three hundred sixty
four (364) days from the date of issuance and shall contain an automatic renewal provision
pursuant to which the security shall be deemed automatically renewed for successive one
year (or 364 day) periods unless the issuer shall provide written notice of non -renewal to the
City at least sixty (60) days prior to the expiration date of the letter of credit (a "Issuer
Notice of Non -Renewal"). If the Developer does not replace such security with substitute
security meeting the requirements hereof and reasonably acceptable to the City within thirty
(30) days after the Issuer Notice of Non -Renewal, then the City may draw down the security
and hold the proceeds thereof as security for the performance of the obligations of
Developer hereunder. 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. The City may draw down the security for any other violation of the terms of this
Agreement, which violation remains uncured after delivery of any required notice hereunder
and expiration of the applicable cure period. If the security is drawn down the proceeds
shall be used to cure any default and the balance held as security for the performance of any
remaining obligations of the Developer hereunder.
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
9
may be reduced from time to time down to $74,037.00, which is the amount of warranty
security. A warranty security in the amount of $74,037.00 shall be posted with the City as
set forth in paragraph 34 of this Agreement. The warranty period shall be a twelve (12)
month period after the applicable work has been completed.
Notwithstanding the posting of that warranty security, the security shall not
be reduced below ten percent (10%) of the posted security until all Improvements have been
completed, all financial obligations to the City satisfied (which includes posting of warranty
security), and the required "as built" plans have been received by the City. The intent of this
Agreement is that the City shall have access to sufficient security, either security or
warranty security, to complete the project and insure warranty on all public improvements at
all times.
This security amount shall be submitted to the City prior to execution of the
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 $628,518.75.
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 $3,000 per dwelling unit 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, after reasonable notice and opportunity to cure, may enter the lot or
to
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.
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 $74,037.00. 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, which is provided to real property owned by
the City, 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
11
insuring that all conditions imposed by the City in this Agreement are properly recorded
against the property. Said conditions shall run with the real properly 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: Outlots A,B, and C shall be conveyed to the City.
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
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, except for
any claims based on the negligence or willful misconduct of City, it
employees, agents and contractors, 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 reasonable attorney's fees.
C. The prevailing party shall reimburse the non -prevailing party 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, unless the Developer is in good faith and with all due
diligence disputing the payment of the same. If the bills are not paid
on time, and such failure remains uncured as of a date thirty (30) days
after delivery of written notice to the Developer of such failure, the
City may halt all plat development work and construction, including
but not limited to the issuance of building permits for lots which the
Developer 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, and the failure of Developer to cure such default
within thirty (30) days after delivery of written notice from the City (a "Developer Default")
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. This notice provision does not
apply if the work performed by the City or its contractors is of an emergency nature, as
12
determined at the reasonable 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 to best of its knowledge, 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 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. The occurrence and continuance of a Developer Default under this
Agreement 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
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
13
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
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 Developer, 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.
14
40. 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: Asheproperties, LLC, 3600
American Blvd. West, #750, Minneapolis, MN 55431 Attention: Glenn A. McCabe, Vice
President. 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
15
CITY OF OTSEGO
Jessica Stockamp, Mayor
Tami Loff, City Clerk
ASHEPROPERTIES, LLC
DEVELOPER
STATE OF MINNESOTA )
} ss.
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
16
STATE OF MMESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before
2016 by the
Asheproperties, LLC with authority and on behalf of the company.
DRAFTED BY:
MACARTHUR LAW OFFICE, LLC
3601 Thurston Avenue North
Suite 103
Anoka, MN 55303
(763) 231-5850
Notary Public
me this day of
of
17
EXHIBIT A- LEGAL DESCRIPTION
Outlot E, WILDFLOWER MEADOWS 2ND ADDITION according to the Plat on file and
of record with the Office of the County Recorder, Wright County, Minnesota.
18
�!|
q:
|
-
!�
§ (
§|
\ !
�
�
cn
3:
O
�
Q
W
-
_
ry
W
�ZK
�
\
--
§�
/
k
)§{
-
§\
�-
!!
-
n!!•!�
Qo
ry
W
O
J
a`
oi
'ago
aye
gig
e
_�
ua
saga
% �w<
0 ON
�R and mW
s
g96 9 NNJ
B. ago
Y V 1 ,, V /
fZ'OSi
� � 3,Bi,QO.LeS
Ct
3 N L,j
/
hT .e,
\
_
11) \/
r
\
�47\
«`
m,
{
.
V)
�|
cq
o
0 )
%
?AN n
\j
Z
&
O
f §
!yg ®
F-
2d
D
-z
Q
n
2\
co
c_
e
»
°d
O \
`
0-
Q <
-_
W
-
#
rill
@
-
W
-
_
O
�d
�
®\
*§
n)
�d
§(
,Q
Ij
0
S
R
R
-
�
3
�•7
d
R
b
A
f
¢
2
a�
•�
�IC't
P,�
O
e o
3 F � f •�f �'
oil
r y s iiJ 1 •. > x
`A
:y. S:'�,•/fir �''. , s'�; ,���," .'> •�..Ii ,� t��' `` ``c��.�q -' Sr•�1 (�-= 4`'.
/r`y: `/ j ?: •'r �a:ati/ rt , `:.1`a'�� �lft `\� td, 4� ( ��,r � `� �`1 �u f--y �3; i,{ �1 -
t� .j`,jrJf.'-(f11�� # _f�•lr�'Ii•���': ��1:=�:tC' `- .�: \i`:��'•` �- ��iJ,�� .i. z 1I41
�t�Y! (!�` �.'�_—IIISS—� �,� =j;`, i����i�;�_ E\ :�,{J',t � (I<-```'• '��\ 3__�'t•���t•-_ J��� � A
/ / ��; it 4�. �' r �1'I�Ij4} l t��l \��~ i♦` ".aS, \ t t}
/ � {I S, / \ t 7L,t � Ilr'i�\�„ ��I �_.�(T1• ��� 1 �-" � $ � i�l�
5
s
�-d i ddj3s
. [Si
jfs