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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. 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