ITEM 4.1 Windsong 2nd AdditionCITY OF
MINNESOTA
If] 51J_1:iI191a►101►1ZL1:JP1/A'1ICSI►i
Request for
City Council Action
ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE:
Planning I City Planner Licht 1 24 April 2017
PRESENTER(s):
City Planner Licht
AGENDA ITEM DETAILS
RECOMMENDATION:
REVIEWED BY:
City Administrator Flaherty
City Attorney MacArthur
ineer
ITEM #:
4.1— Windsong 2 d Addition
City staff recommends vacation of existing drainage and utility easements, approval of the Windsong
Second Addition final plat, and approval of a development agreement.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
Yes
BACKGROUND/JUSTIFICATION:
IS A PUBLIC HEARING REQUIRED?
Yes for vacation of existing easements.
Windsong II, LLC (Homes Plus, Inc.) has submitted application for final plat approval of 14 single family
detached townhome dwelling units and one outlot to be known as Windsong 2nd Addition. The subject
site list located west of CSAH 19 and north of 70th Street and is part of the Kittredge Crossings PUD
District. The City Council approved the preliminary plat and PUD Development Stage Plan for Windsong
II on 13 June 2016.
Preliminary Plat Consistency. The final plat provides to platting three unit lots on the north
side of Kittredge Parkway and replats the 11 unit lots south of Kittredge Parkway to provide for
deeper building pads based on the final wetland delineation report. The proposed final plat is
consistent with the design for this area of the development and averaging of wetland buffers
shown on the preliminary plat
Zoning. The subject site is zoned, PUD Planned Unit Development District. The allowed uses
and performance standards are based on the requirements of the R-6 Residential Medium
Density District, which allows detached townhouse dwellings as a permitted use.
Lot Requirements. The PUD Development Stage Plan establishes the following minimum
requirements shown below. The proposed final plat complies with these requirements.
Landscaping. The PUD Development Stage Plan included a landscape plan to provide for
boulevard landscaping along the public streets as well as interior yard plantings. The developer
will be required to install this landscaping as a condition of final plat approval.
■ Access/Streets. The proposed final plat is accessed via extension of Kittredge Parkway
approved with the initial Windsong final plat. The developer will pay a collector street access
fee for the three new unit lots included on the proposed final plat.
■ Park and Trail Dedication. Park and trail dedication requirements for the proposed
development are to be satisfied as a cash fee in lieu of land as the 2012 Comprehensive Plan
does not identify acquisition of additional property for park use from the area of the subject
site. The park and trail dedication requirements for the three new unit lots shown on the
proposed final plat will be satisfied as a cash fee in lieu of land.
Grading and Drainage Plans. The developer has submitted grading and drainage plans for the
proposed final plat. All grading and drainage plans are subject to review and approval by the
City Engineer. The developer is required to pay a Stormwater Impact Charge for Otsego Creek
at the time of final plat approval calculated at $3,175/net acre for Block 2.
■ 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 at the time of final plat approval for the three additional dwelling units
shown on the proposed final plat. Utility Connection charges will be paid at the time a building
permit is issued for each dwelling unit.
Easements. The final plat illustrates drainage and utility easements at the perimeter of each lot
as required by Section 21-7-15.A of the Subdivision Ordinance as well as over all of Lot 12, Block
1 and Lot 4, Block 2, which are the common area base lots. Approval of the proposed final plat
will involve vacation of existing drainage and utility easements over Lot 12, Block 1 dedicated
with the initial Windsong final plat, which are being superseded by easements on the proposed
final plat. All easements are subject to review and approval of the City Engineer.
■ Outlots. The proposed final plat includes one outlot. Outlot A will be retained by the developer
and is intended for future phases of the preliminary plat.
Homeowners Association. The developer has previously submitted documents establishing a
homeowners association for the proposed final plat. The HOA will provide for ownership and
maintenance of the common base lots and regulation of the development. The HOA documents
are subject to review and approval of the City Attorney.
■ 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: o ATTACHED o NONE
A. Site Location
B. Engineering Review dated April 18, 2017
C. Resolution 2017-36 vacating existing drainage and utility easements
D. Findings of Fact and Decision
E. Resolution 2017-37 approving the Development Agreement
F. Development Agreement
G. Final Plat
POSSIBLE MOTION
Please word motion as you would like it to appear in the minutes.
Motion to adopt Resolution 2017-36 vacating existing drainage and utility easements, approve the
Windsong Second Addition final plat subject to the conditions as outlined in the Findings of Fact and
Decision dated April 18, 2017 and adopt Resolution 2017-37 approving a Development Agreement.
BUDGET INFORMATION
FUNDING: BUDGETED: ❑ YES
NA o NO
Site Location Map
Overview
Legend
Roads
-- CSAHCL
— CTYCL
— MUNICL
— PRIVATECL
— TWPCL
Highways
Interstate
— State Hwy
— US Hwy
City/Township Limits
❑ c
❑ t
O❑ Parcels
Main Office: 4 O
Hakanson 3601 Thurston Avenue, Anoka, MN 55303
Phone: 763/427-5860 Fax: 763/427-0520
1AAAnderson www.haa-inc.com !.
April 18, 2017
Marty Campion, P.E.
Campion Engineering Services, Inc.
1800 Pioneer Creek Center
Maple Plain, MN 55359Sathre-Bergquist, Inc
150 South Broadway
Wayzata, MN 55359
Re: Windsong 2nd Addition
Engineering Review of Final Plat
Dear Mr. Campion,
We have reviewed the Final Plat for Windsong Second Addition, received 4/4/2017 and offer the
following comments:
Final Plat
1. No new plans have been received with the final plat submittal. The Construction, Site, and
Grading Plans dated 9/22/16 for Windsong 1St Addition (plans titled Windsong H) include
information for the lots being replatted south of Kittredge Parkway and have the 3 new lots
north of Kittredge Parkway shown as well. These plans are outdated and need to be revised to
depict the approved wetland boundaries for the wetlands north of Kittredge Parkway.
2. The construction/grading plan will need to be updated to reflect the revised lot and block
numbers of 2nd Addition.
3. Need a plan that shows the setback lines for all lots including setbacks along the wetlands.
4. Need a plan that shows the wetland buffers for the approved wetlands boundaries north of
Kittredge Parkway.
5. If the building pads have increased in size (and for the 3 new ones) please confirm that the
pads were prepare to the new sizes or if they will need to be doing more corrections.
Need to check that there is enough easement along the storm pipe between Lots 2 and 3 north
of the road. A minimum of 10' on each side of the pipe is required.
7. The plat that we have makes the wetland in Outlot A look much closer to the existing lots than
these existing plans.
Page 2
If you have further questions, need additional information, or wish to discuss any of these items in
greater detail please contact me, or Mr. Ronald Wagner, P.E., City Engineer, at 763-427-5860.
Sincerely,
HAKANSON ANDERSON ASSOCIATES, INC.
B ent M. Larson,
cc: Adam Flaherty, Interim City Administrator
Tami Loff, City Clerk
Dan Licht, City Planner
Andy MacArthur, City Attorney
Charles Alcon, Windsong II, LLC
Hakanson
---]]]And erson
RESOLUTION NO.: 2017 - 36
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
A RESOLUTION APPROVING VACATION OF EXISTING DRAINAGE AND UTILITY
EASEMENTS WINDSONG ADDITION.
WHEREAS, the City of Otsego approved a final plat of Windsong for land legally
described as Lots 12, Block 1, Windsong, City of Otsego, Wright County, State of
Minnesota; and,
WHEREAS, the Windsong final plat included dedication to the City of drainage
and utility easements over all of Lot 12, Block 1; and,
WHEREAS, Windsong II, LLC has requested approval to replat Lots 1-12, Block
1, Windsong as Windsong Second Addition; and,
WHEREAS, the final plat of Windsong Second Addition would establish those
drainage and utility easements required by Section 21-7-15 of the Subdivision
Ordinance; and,
WHEREAS, the easements shown on the Windsong Second Addition final plat
will supersede and make unnecessary those drainage and utility easements previously
dedicated over Lot 12, Block 1, Windsong; and,
WHEREAS, Windsong II, LLC has applied for vacation of the drainage and utility
easements dedicated with the previously approved final plat; and,
WHEREAS, the City Council held a public hearing at their regular meeting on 24
April 2017 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 previously dedicated within Lot
12, Block 1, Windsong serve no useful public purpose upon concurrent recording of a
final plat for Windsong Second Addition; and,
WHEREAS, the City Council having considered all information received related
to the proposed vacation and easement dedication finds that vacating the drainage and
utility easement over Lot 12, Block 1 Windsong 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:
That the drainage and utility easement located in the City of Otsego, Wright
County, State of Minnesota dedicated over Lot 12, Block 1 Windsong is hereby
vacated.
2. The vacation of said drainage and utility easement shall be effective upon the
recording of a final plat for Windsong Second 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 24th day of April,
2017.
CITY OF OTSEGO
M.
Jessica L. Stockamp, Mayor
ATTEST:
Tami Loff, City Clerk
FINDINGS OF FACT AND DECISION
18 April 17
APPLICANT: Windsong II, LLC
APPLICATION: Request for approval of a final plat for 14 detached townhomes to be known as
Windsong Second Addition.
CITY COUNCIL MEETING: 24 April 2017
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 Lots 1-12, Block 1 and Outlot D, Windsong, City of
Otsego, County of Wright, State of Minnesota.
B. The subject site is guided by the Comprehensive Plan for medium/high density residential
land uses within the West Sewer District.
C. The subject site is zoned PUD, Planned Unit Development District.
D. The City Council approved a preliminary plat and PUD Development Stage Plan for the
subject site on 13 June 2016 for development of 59 detached townhome dwelling units; the
developer is proposing phased construction of the subdivision with the final plat including 18
detached townhouse dwelling units and four outlots.
E. The Request for Council Action dated 24 April 2017 prepared by the City Planner, The
Planning Company LLC, is incorporated herein.
F. The Engineering Review dated April 18, 2017 prepared by the City Engineer, Hakanson
Anderson, Inc. is incorporated herein.
G. The application for final plat approval is processed in accordance with Section 21-3-3 of the
Subdivision Ordinance.
DECISION: Based on the foregoing information and applicable ordinances, the application is
hereby APPROVED subject to the following conditions:
The applicant shall execute a development agreement as drafted by the City Attorney and
subject to approval of the City Council.
2. The setbacks applicable to the final plat shall be as shown below except as identified on the
approved PUD Development Stage Plan:
Local or
Between
Minor
Side
Rear
Bldgs.
Wetland
Collector
on Base
Street
Lot
30 ft.
loft.
20ft.
14ft.
20ft.
3. The developer shall pay a collector street access fee upon approval of the final plat as set
forth in the development agreement.
4. The developer shall satisfy park and trail dedication requirements as a cash fee in lieu of
land as set forth in the development agreement.
5. All grading, drainage and erosion control plans are subject to review and approval by the City
Engineer.
6. The applicant shall pay applicable utility availability charges upon approval of the final plat
and pay utility connection charges at the time a building permit is issued for each lot based
on the current fee in effect at that time.
7. Construction plans for sanitary sewer, water main, storm sewer, and streets shall be subject
to review and approval by the City Engineer.
8. All drainage and utility easements are subject to review and approval of the City Engineer.
9. Documents establishing a homeowners association shall be are subject to review and
approval of the City Attorney.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
Attest:
ADOPTED by the City Council of the City of Otsego this 24th day of April, 2017.
Tami Loff, City Clerk
2
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
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CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2017-37
RESOLUTION APPROVING DEVELOPERS AGREEMENT-
WINDSONG 2ND ADDITION
WHEREAS, Windsong Il, LLC has requested and received approval of a Plat
known as WINDSONG 2ND ADDITION; and
WHEREAS, the approved Plat requires construction of public improvements and
payment of City costs and fees; and
WHEREAS, those obligations are contained and memorialized in the attached
Developers Agreement; and
WHEREAS, the Developers Agreement also sets forth the security required to
assure satisfactory construction of public improvements and establishes the
various remedies available to the City in the event that Developer breaches the
terms and conditions of the Agreement.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Otsego, Wright County, Minnesota as follows;
1. The attached Developers Agreement between the City of Otsego and
Windsong II, LLC is hereby approved in form, subject to modification of
fees, charges and security as approved by City staff.
2. The Mayor and City Clerk are hereby authorized to execute the final
Developers Agreement on behalf of the City of Otsego.
ADOPTED this 24th day of April, 2017 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 Stockainp, Mayor
Tami Loff, City Clerk
DEVELOPMENT AGREEMENT
WINDSONG 2ND ADDITION
AGREEMENT entered into this day of May, 2017 between the City of Otsego
("City"), a municipal corporation organized under the laws of the State of Minnesota, and
Windsong II, LLC, a limited liability company under the laws of the State of Minnesota
("Developer").
1. Request for Plat Approval. The Developer has requested that the City
approve that plat entitled WINDSONG 2ND ADDITION. The legal
description of the property covered by this Agreement is as follows: Lots 1-
12, Block i and Outlot D, WINDSONG according to the Plat on file and of
record at the Office of the County Recorder, Wright County, Minnesota
The Plat contains fourteen (14) single family detached townhome dwelling units and one
outlot. Eleven of the dwelling units have already been platted, three units are newly platted.
The plat is located within the City's West Sewer District, is zoned PUD, Planned Unit
Development District as approved by Ordinance adopted by the City Council on May 12,
2003 and April 24, 2017, 2016. The Final Plat for WINDSONG was approved by the City
Council on August 8, 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 three (3) new lots within the Plat does not occur until all required security has been
posted.
5. Changes in Official Controls. WINDSONG 2ND 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
WINDSONG 2ND 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, WINDSONG 2ND ADDITION prepared by Wenck
Associates.
Plan B Grading, Drainage, and Erosion Control Plan prepared by Campion
Engineering, Inc. and as finally approved by the City Engineer.
Plan C Sanitary Sewer, Water Main, Storm Sewer Plans for WINDSONG 2ND
ADDITION, as prepared by Campion Engineering, Inc. and as finally
approved by the City Engineer.
2
Plan D Landscape Plan for WINDSONG 2ND ADDITION, prepared by
Wenck Associates, 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:
3
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 June 1, 2018, with the exception of the final wear course of asphalt on streets and
landscaping. 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. 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.
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,
4
Plan B, shall be implemented by the Developer and inspected and approved by the City. If
the City Engineer determines that it would be unreasonable to require full implementation
of the erosion control plan prior to utility construction or issuance of certain building
permits, he shall state in writing what construction can take place and what particular
building permits can be issued prior to full implementation. The City may impose
additional erosion control requirements if, in the opinion of the City Engineer, they would
be beneficial. All areas disturbed by the excavation and backfilling operations shall be
reseeded forthwith after the completion of the work in that area. If the Developer does not
comply with the erosion control plan and schedule or any supplementary instructions, the
City may, with reasonable notice 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. Street have already been constructed within the Plat
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.
5
19. Administrative Fee. A fee for City Administration of this project is one
percent (1%) of estimated construction costs of the public improvements, or $1,500.00.
20. Sewer Availability Charges. The Sewer Availability Charges for the Plat
due upon Final Plat approval is as follows; 3 lots at $2,382.00 per REC = $7,146.00.
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: 3 lots at $1,663.00 per REC = $4,989.00.
23. Water Connection Fees. Water connection fees are paid at the time of
issuance of a building permit. The applicable amount due per unit shall be the fee per REC
unit in place at the time of application for a building permit.
24. Park and Trail Dedication. The Park and Trail Dedication for the Plat is 3
units at $3,486.00 per unit = $10,458.00.
25. Storm Water Management Fee. .5 net acres at $3,290.00 per acre =
$1,645.00
26. Transportation Infrastructure Cost. The collector street access fee for this
Plat is as follows: 3 units x 1,725.00 per lot = $5,175.00.
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 was calculated as follows: 0 signs at $250.00
per sign. Using these funds, the City shall purchase and install the street and traffic control
signs.
28. Street Light Construction. The Developer shall pay for the operation and
maintenance of the street lights for a period of two (2) years. In order to facilitate payment
for operation and maintenance of street lights, the Developer shall submit a fee to be
included within the escrow and fees established in Paragraph 27 of this Agreement
calculated as follows: 0 lights x $500.00 per light for a total payment of $00.00. The
operation and maintenance of the street lights by the City shall not commence until such
time as the street lights are actually constructed. Street lighting shall conform to adopted
City Code.
29. City Engineering Administration and Construction Observation, Legal
Fees Escrow and City Fees. The Developer shall pay a fee for consulting engineering
administration following approval of the Plat. City engineering administration will include
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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.
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
Minimum
$1,500.00
Legal Services Escrow
Minimum
$1,500.00
City Administration Fee
Minimum
$1,500.00
Street Signs
0 at $250.00 per sign
$00.00
Street Lights
0 at $500.00 per light
$00.00
Sewer Availability Charge
3 units at $2,382.00 per REC
$7,146.00
Water Availability Charge
3 units at $1,663.00 per REC
$4,989.00
Storm Water Charge
.5 net acres at $3,290/ acre
$1,645.00
Transportation Charge
3 units at $1,725 per unit
$5,175.00
Park and Trail Dedication Fee
3 units x $3,486/unit
$10,458.00
GIS Data Entry Fee
$100 per acre
NA
Wetland Delineation Review
0 Review at $2,000.00 per
review
$00.00
TOTAL
$33,913.00
This escrow amount shall be submitted to the City prior to the City executing
this Agreement. All administrative and legal fees related to plan review, drafting of this
Agreement and any other necessary items shall be paid to the City prior to execution of this
Agreement. Any amounts for legal and engineering not utilized from this escrow fund shall
be returned to the Developer when all improvements have been completed, all financial
obligations to the City satisfied, and the required "as constructed" plans have been received
by the City.
All other amounts listed as flat fees are non-refundable and available
immediately for City use when posted.
30. Security. Public Improvements have already been constructed so no security
is required.
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 lot to be posted with the
City at the time of application for a building permit on each lot. Any trees which can cause a
public nuisance or public hazard, such as bug infestation or weak bark, are specifically
prohibited.
The Developer, Builders or Property Owners (applicant for building permit)
in the residential lot area shall sod all front yards within the buildable portion of each lot
and shall post any security required by the City to assure landscaping or other items in
compliance with the City Code at the time of application for a building permit on each lot.
The Developer, Builder or Property Owner shall provide not less than six (6) inches of
topsoil in required front yards or side yards abutting public rights-of-way. Where slopes lie
in excess of ten (10) percent, sodding (staked) shall be required. Weather permitting, the
trees, grass seed and sod shall be planted before Certificates of Occupancy are issued. All
grass seed shall be maintained so that turf is established within one (1) year of planting.
If landscaping as required by the City Code and this Agreement is not timely
completed, the City, after reasonable notice and opportunity to cure, may enter the lot or
lots, perform the work, and apply any posted security toward the cost. The Developer, it
assigns or successors, Builder or Property Owner will provide will provide all trees, grass,
seed and sod within the Plat and shall maintain said plantings and warrant them to remain
alive, of good quality and disease free for twelve (12) months after planting. Any
replacement shall be warranted for twelve (12) months from the time of planting.
Developer is also required to implement a Landscaping Plan including buffer
yard landscaping along City collector and arterial streets as well as designated other
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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. Public improvements have already been constructed so no
warranty is required.
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
insuring that all conditions imposed by the City in this Agreement are properly recorded
against the property. Said conditions shall run with the real property and be binding on all
parties having a right, title or interest in the plat or any part thereof, their heirs, executors,
representatives, successors and assigns: None.
37. Responsibility for Costs.
A. Except as otherwise specified herein, the Developer shall pay all costs
incurred by them or the City in conjunction with the development of
the Plat, including, but not limited to, legal, planning, engineering, and
inspection expenses incurred in connection with development of said
Plat, the preparation of this Agreement, and all costs and expenses
7
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
negligence of City, the Developer shall indemnify the City and its
officers and employees for all costs, damages or expenses which the
City may pay or incur in consequence of such claims, including
attorney's fees.
C. The 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, the City may, after notice and a reasonable period of time to
cure said default, halt all plat development work and construction,
including but not limited to the issuance of building permits for lots
which the Developers may or may not have sold, until all bills are paid
in full. Claims not paid within thirty (30) days shall accrue interest at
the rate of twelve percent (12%) per year.
38. Developer's Default. In the event of default by the Developer as to any of
the work to be performed by it hereunder, the City may, at its option, perform the work and
the City may then draw down the security established in Paragraph 17 to pay for any work
undertaken, provided the Developer is first given notice of the work in default, not less than
seven (7) days in advance and a reasonable period of time to cure said default. This notice
provision does not apply if the work performed by the City or its contractors is of an
emergency nature, as determined at the 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
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comply. Upon the City's demand, the Developer shall cease work
until there is compliance.
B. Third parties shall have no recourse against the City under this
Agreement.
C. Breach of any of the terms of this Agreement by the Developer shall
be grounds for denial or revocation of building permits.
D. If any portion, section, subsection, sentence, clause, paragraph or
phrase of this Agreement is for any reason held invalid, such decision
shall not affect the validity of the remaining portion of this Agreement.
E. If building permits are issued by the City prior to the completion and
acceptance of public improvements, the Developer shall assume all
liability for the costs resulting in any delay in completion of public
improvements and damage to any public improvements caused by the
City, the Developer, its contractors, subcontractors, materialmen,
employees, agents, or third parties. No one may occupy a building for
which a building permit is issued on either a temporary or permanent
basis until the streets needed for access have been paved with a
bituminous surface, unless a specific exception is approved by the
City.
F. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Agreement. To be binding,
amendments or waivers shall be in writing, signed by the parties and
approved by written resolution of the City Council. The City's failure
to promptly take legal action to enforce this Agreement shall not be a
waiver or release.
G. This Agreement shall run with the land, shall be recorded against the
title to the property and all properties therein established by the Plat,
and shall be binding on all parties having any right, title or interests in
this phase of the plat or any part thereof, their heirs, successors, and
assigns. After the Developer has completed the work required of them
under this Agreement as set forth in Section 8, at the Developer's
request, the City will execute and deliver to the Developers a release
or partial release (s) of this Agreement.
H. The Developer shall take out and maintain until one (1) year after the
City has accepted the public improvements, public liability and
property damage insurance covering personal injury, including death,
and any claims for property damage which may arise out of the
Developer's work or the work of their subcontractors or by one
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.
I1
I. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy,
express or implied, now or hereafter arising, available to City, at law
or in equity, or under any other agreement, and each and every right,
power and remedy herein set forth or otherwise so existing may be
exercised from time to time as often and in such order as may be
deemed expedient by the City and shall not be a waiver of the right to
exercise at any time thereafter any other right, power or remedy.
J. The Developer shall pay for all local costs related to drainage
improvements required to complete the construction according to the
plans and conditions that are a part of this Agreement.
K. Should development of the plat proceed at a pace slower than
anticipated, and for that reason, specific terms of this agreement
become onerous or unduly burdensome to the Developers, upon
his/her application, the City will enter into negotiations regarding
those specific terms and shall not unreasonably withhold consent to
appropriate changes in the terms of this Agreement.
L. The Developer shall demonstrate and maintain compliance with the
1991 Wetland Conservation Act.
M. The Developer shall be responsible for all on site drainage as well as
for any affects that their actions may have on adjoining properties.
Specifically, the Developer shall maintain existing drainage tiles on
site, and shall be responsible for any and all drainage problems related
to either the site drainage tiles or problems with on-site drainage
facilities to be constructed in accordance with this agreement and plat
approval.
40. 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: Windsong Il, LLC, 5730 Quam
Avenue, St. Michael Attention: Tim Flynn.. 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 90th Street NE, Otsego, MN 55330, Attention: City Clerk
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CITY OF OTSEGO
M.
FEW
Jessica Stockamp, Mayor
Tami Loff, City Clerk
DEVELOPER
WINDSONG II, LLC
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
2017, 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
13
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2017 by the of Windsong Il, LLC, with
authority and on behalf of the company.
DRAFTED BY:
MACARTH R LAW OFFICE, LLC
3601 Thurston Avenue North
Suite 103
Anoka, MN 55303
(763) 231-5850
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Notary Public