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Item 3.15 Otsego Waterfront District Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 12 October 2026 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty City Engineer Wagner City Attorney Kendall 3.15 – Otsego Waterfront District STRATEGIC VISION MEETS: THE CITY OF OTSEGO: Is a strong organization that is committed to leading the community through innovative communication. X Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends the City Council approve vacation of existing drainage and utility easements, a final plat, and a Development Contract. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes Yes, held by the Planning Commission on 19 May 2025 BACKGROUND/JUSTIFICATION: Modern Construction of Minnesota, Inc. received City Council approval of a preliminary plat on 9 June 2025 to replat the Nathe 2nd Addition as Otsego Waterfront District for development of a mixed-use project to be known as Otsego Waterfront District. The developer has applied for approval of a final plat consisting of one lot and three outlots. Final plat applications are processed in accordance with Section 10-5-3 of the Subdivision Ordinance and are subject to review and approval of the City Council. • Preliminary Plat. The subdivision design is consistent with the preliminary plat. • Comprehensive Plan. The 2023 Comprehensive Plan guides the subject site for mixed-use land uses to be developed with high density residential and commercial land uses. The proposed development, which is intended by the developer to be the first phase of a larger overall project, provides for construction of multiple family dwellings together with retail and service commercial space within a single building. The proposed use of Lot 1, Block 1 is consistent with the goals and policies of the Comprehensive Plan. • Zoning. The subject property is zoned PUD, Planned Unit Development District. A Planned Unit Development Stage Plan for Lot 1, Block 1 was approved by the City Council on 9 June 2025. Use of the property is subject to the conditions of approval adopted by the City Council in approving the PUD Development Stage Plan. • Surrounding Area. The subject site is surrounded by the existing and planned land uses shown in the table below. The proposed mixed-use development would transition to the uses developed within Otsego Waterfront East to the north through Outlot A and is compatible with existing and planned land uses in the area. Direction Land Use Zoning Existing Use North Commercial Park PUD District 101 Market Carrick’s Landing East -- -- Mississippi River South Rural A-1 District Mississippi Riverwood campground West -- -- Trunk Highway 101 • Lot Requirements. Without considering the commercial floor area, the density of the proposed development of Lot 1, Block 1 with the initial 135 dwelling units is 27.1 dwelling units per acre. The M-1, Mixed Use District requires 1,000 square feet per dwelling unit (or a density of 43 dwelling units per acre). The density of the proposed development appropriate for a mixed-use development envisioned for the subject property by the 2023 Comprehensive Plan. • Quantrelle Avenue. The subject property abuts Quantrelle Avenue. No right-of-way is proposed to be dedicated with the final plat. The street will be only modified to the extent necessary to construct a five foot wide concrete sidewalk the full width of Quantrelle Avenue abutting Lot 1, Block 1. • Utilities. The proposed development is to be served by City sewer and water utilities. There are existing trunk sewer and water lines within Quantrelle Avenue adjacent to the subject site. The developer has submitted plans for connection to sewer and water utilities, as well as improvement of the existing sewer lift station in Quantrelle Avenue necessary to accommodate the proposed development. All utility plans are subject to review and approval of the City Engineer. Utility Availability Fees were not charged at the time the Nathe 2nd Addition was final platted in 2003 deferring payment to the time of connection. The developer is required to pay Utility Availability Charges approval with the proposed final plat. The Utility Availability Charges are to be based on a Residential Equivalent Connection (REC) the provisions for residential and mixed-use development. Utility Connection Charges calculated in accordance with the provisions of the City Code will be required to be paid at the time a building permit is issued. • Grading Plan. All of Outlot A and Outlot B are within the Floodway zone along the Mississippi River. Outlot A is bisected north-to-south by a drainageway overlaid by a drainage and utility easement to provide an outlet for the City regional stormwater basin to the north within Outlot A, Waterfront East. The outlet for the regional stormwater basin must be maintained as part of the grading plan for the subject site to the point at which the stormwater is discharged to the Mississippi River. The developer has submitted plans for grading, drainage, and erosion control for development of Lot 1, Block 1. All floodplain, grading, drainage, and erosion control issues are to be subject to review and approval of the City Engineer. • Easements. Section 11-8-12.A of the Subdivision Ordinance requires 10 foot wide drainage and utility easements to be dedicated at the perimeter of Lot 1, Block 1, which are shown on the preliminary plat. Temporary drainage and utility easements that expire upon platting will only be required over Outlots A, B, and C. All drainage and utility easements are to be subject to review and approval of the City Engineer. An easement for a public pedestrian connection between Lot 1, Block 1 is to be established. The developer will be required to construct the pedestrian connection at such time as the process to remove Outlot B from the floodplain is complete. • Outlots. The preliminary plat includes three outlots: o Outlot A is the portion of the subject property governed by the provisions of the Wild Scenic Recreational River District adopted by the City as Chapter 92 of the Zoning Ordinance in accordance with Minnesota Rules. Outlot A includes an existing City park easement for a trail along the Mississippi River extending south of Carrick’s Landing and out to Quantrelle Avenue, as well as a drainageway overlaid by drainage and utility easement. o Outlot B is the portion of the subject property that is within the floodway zone of the Mississippi River. The developer is working with the Army Corps of Engineers remove Outlot B from the floodway zone to make the area developable with a future phase of the project. No action regarding Outlot B is required as part of the current PUD Development Stage Plan application. o Outlot C is a remnant parcel to the south of a Minnesota Department of Transportation outlet to the Mississippi River that will also be retained by the developer for potential future development. • Park Dedication. The PUD Development Stage Plan does not contemplate dedication of land to the City for public park purposes. The developer has submitted a concept plan for potential recreational development of Outlot A. Private and public recreational activities are an allowed use within Subdistrict C of the WSRR District subject to management plan standards. These proposed improvements are not being considered as part of the current PUD Development Stage Plan application. Future proposals to undertake these improvements will require a separate application for PUD Development Stage plan approval. As part of the development of Outlot A, the City reserves the right to require dedication of land and/or park and trail easement for public use and access to the property, as well as ingress/egress and shared parking easements over Lot 1, Block 1 for public park purposes. Public access would be finalized as part of the PUD Development Stage Plan for Outlot A as a condition of approval. For the current final plat, park dedication requirements are proposed to be satisfied as a cash fee in lieu of land based on the number of proposed residential dwelling units to be developed within Lot 1, Block 1. • Development Contract. Section 10-10-4.A of the Subdivision Ordinance requires that the developer execute a Development Contract with the City to provide for construction of the project, completion of any public improvements, establishment of required securities, and payment of applicable fees. The development contract will address performance relative to the PUD Development Stage Plan as required by Section 11-9-7 of the Zoning Ordinance. The development contract is to be executed by the developer prior to approval by resolution of the City Council and recorded with the property within 240 days of approval. If not recorded on or before 31 December 2026, the Development Contract will be revised by City staff to require securities, escrows, and fees based on the fee schedule in effect as of 1 January 2027. SUPPORTING DOCUMENTS ATTACHED: • Site Location Map • Final Plat • Resolution 2026-95 vacating existing drainage and utility easements • Resolution 2026-96 approving Otsego Waterfront District Final Plat • Resolution 2026-97 approving a Development Contract POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to adopt Resolution 2026-95 vacating existing drainage and utility easements within the Nathe 2nd Addition; adopt Resolution 2026-96 approving the Otsego Waterfront District Final Plat, subject to conditions as presented; and adopt Resolution 2026-97 approving a Development Contract. BUDGET INFORMATION FUNDING: BUDGETED: Fund 701 – Development Escrows N/A Site Location Map 460 ft Overview Legend Roads CSAHCL CTYCL MUNICL PRIVATECL TWPCL Road Labels Highways Interstate State Hwy US Hwy City/Township Limits c t Parcels Torrens N 8 9 ° 5 8 ' 5 1 " W 4 0 0 . 0 0 N 7 6 ° 0 2 ' 5 3 " W N 26° 3 6 ' 1 3 " W 5 4 8 . 2 2 N 8 9 ° 3 7 ' 2 2 " W 6 2 8 . 9 1 S 01°23'24" W 492.39 N 8 9 ° 3 7 ' 0 8 " W N 01°59'13" W 1120.75 SURVEY LINE M I S S I S S I P P I R I V E R 82 . 6 6 75 . 4 5 S 8 9 ° 2 9 ' 1 5 " E 3 5 6 . 9 2 S 8 9 ° 5 8 ' 5 1 " E 3 5 6 . 9 2 90.51 8 1 . 6 3 S15°0 8 ' 0 7 " W SURVE Y L I N E 80.00S00°00'44"W S28°1 6 ' 5 9 " E SURVE Y L I N E 12 4 ' ± 10 5 ' ± 10 5 ' ± 10 5 ' ± S 26° 3 6 ' 1 3 " E S 6 3 ° 3 1 ' 5 8 " W 90.86 124.7 1 Found Cast Iron ReferenceMonument Shoreline of MississippiRiver January 10, 2022Water Elevation = 848.5100 YEAR FLOODELEVATION = 861.9FEET PER FEMA L=131. 8 2 R=523. 0 0 =14°26 ' 2 7 " LOT 1 BLOCK 1 OU T L O T C PA R K & T R A I L E A S E M E N T P E R P L A T OF N A T H E A D D I T I O N 20 20 20 PARK & TRAIL EASEMENT PERPLAT OF NATHE 2ND ADDITION 20 . 0 0 90.00 130.00 20 . 0 0 PARK & TRAIL EASEMENT PERPLAT OF NATHE ADDITION 80 OUTLOT B OUTLOT A EAST L I N E O F M I N N E S O T A D E P A R T M E N T O F T R A N S P O R T A T I O N R / W P L A T N o . 8 6 - 8 50 9 . 1 1 36 . 6 4 83 . 1 6 12 9 . 4 1 77 . 5 0 19 3 . 0 9 S 02°08'34" E 629.30 S 00°16'26" E 148.31 S 07°47'35" E 133 . 3 6 S 04°28'21" W 1 9 0 . 4 4 S 07°37'4 5 " W 1 6 0 . 2 0 CITY COUNCIL, CITY OF OTSEGO, MINNESOTA This plat of OTSEGO WATERFRONT DISTRICT was approved and accepted by the City Council of the City of Albertville, Minnesota, at a regular meeting thereof held this______ day of ________________, 20_____, and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. By ____________________________________________, Mayor By _______________________________________, Clerk WRIGHT COUNTY SURVEYOR I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this ______ day of _________________________, 20_______. _________________________________________ Wright County Surveyor WRIGHT COUNTY LAND RECORDS Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable for the year 20_______ on the land hereinbefore described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this ______ day of __________________________, 20_______. _________________________________________ Wright County Land Records Administrator WRIGHT COUNTY RECORDER I hereby certify that this instrument was filed in the office of the County Recorder for record on this _____ day of _________________________, 20_____, at ________o'clock _____.M. and was duly recorded in Cabinet No. __________________________, Sleeve __________________________, as Document No. _____________________________. _______________________________________ Wright County Recorder KNOW ALL PERSONS BY THESE PRESENTS: That Modern Construction of Minnesota, a Minnesota corporation, owner, of the following described property situated in the County of Wright, State of Minnesota, to wit: Lots 1 and 2, Block 1, Outlot A and Lot 1, Block 2, NATHE 2ND ADDITION, Wright County, Minnesota. Has caused the same to be surveyed and platted as OTSEGO WATERFRONT DISTRICT and does hereby dedicate to the public for public use the drainage and utility easements as created by this plat. In witness whereof said Modern Construction of Minnesota, a Minnesota corporation, has caused these presents to be signed by its proper officer this_____ day of __________________________, 20____. Modern Construction of Minnesota, a Minnesota corporation By _____________________________________________ , ________________________________________ Jesse Hartung Chief Executive Officer STATE OF __________________ COUNTY OF ________________ This instrument was acknowledged before me this ______ day of ___________________, 20____, by Jesse Hartung its Chief Excutive Officer of Modern Construction of Minnesota, a Minnesota corporation, on behalf of the corporation. __________________________________________ ________________________________________________ (Printed name) (Signature) Notary Public,_______________________ County, Minnesota My Commission Expires___________________ I Gregory R. Prasch do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this ____________day of ____________________, 20 ______. ______________________________________ Gregory R. Prasch, Licensed Land Surveyor Minnesota License No. 24992 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing Surveyor's Certificate was acknowledged before me on this ______ day of ___________________, 20____, by Gregory R. Prasch, Land Surveyor, Minnesota License No. 24992. . _________________________________________ ________________________________________________ (Printed name) (Signature) Notary Public,____________________ County, Minnesota My Commission Expires___________________ OTSEGO WATERFRONT DISTRICT 7601 73rd Avenue North Minneapolis, Minnesota 55428 (763) 560-3093 DemarcInc.com BEARING ORIENTATION: THE EAST LINE OF MINNESOTADEPT. OF TRANSPORTATION RIGHT OF WAY PLAT No.86-6ASSUMED TO BEAR NORTH 26°36'13" WEST DENOTES 1/2 INCH BY 14 INCH IRON PIPE MONUMENT SET AND MARKED BY LICENSE NUMBER 24992. DENOTES FOUND 1/2 INCH OPEN END IRON PIPE MONUMENT UNLESS OTHERWISE NOTED. Vicinity Map BEING 10 FEET IN WIDTH AND ADJOININGRIGHT OF WAY AND 5 FEET IN WIDTHADJOINING SIDE INTERIOR LOT LINES,UNLESS SHOWN OTHERWISE HEREON. 10 10 5 5 R/W Line Lo t L i n e DRAINAGE AND UTILITY EASEMENTSARE SHOWN AS THUS: SCALE IN FEET 0 200100 300 1 INCH = 100 FEET No Scale DE M I S S I S S I P P I R I V E R S T A T E H W Y . N o . 1 0 1 SEC. 23, TWP. 121, R. 23 NE 1/4 SE 1/4SW 1/4 NW 1 / 4 CITY REVIEW SITE 1 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2026-95 VACATION OF EXISTING DRAINAGE AND UTILITY EASEMENTS NATHE 2ND ADDITION WHEREAS, Modern Construction of Minnesota, Inc. has initiated a request for vacation of existing drainage and utility easements dedicated over the entirety of the property platted as Nathe 2nd Addition described by Exhibit A; and WHEREAS, the City Engineer has reviewed the request and determined that the existing drainage and utility easements are unnecessary for public purposes upon recording a final plat for Otsego Waterfront District; and WHEREAS, the Planning Commission held a public hearing at their regular meeting on 19 May 2025 to consider the vacation, preceded by required published and mailed legal notice; and WHEREAS, the Planning Commission heard all parties interested therein, closed the public hearing and voted to recommend the City Council approve the vacation request; and WHEREAS, the Request for Council Action dated 12 October 2026 prepared by the City Planner, The Planning Company LLC, is incorporated herein; and WHEREAS, the City Council considered the vacation request at its meeting on 12 October 2026; and WHEREAS, the City Council having considered all information received finds that the existing drainage and utility easements serve no useful public purpose and vacating the existing drainage and utility easements would be in the public interest. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego that: 1. That the existing drainage and utility easements lying the property platted as Nathe 2nd Addition are hereby vacated. 2. The vacation shall be effective upon recording a final plat for Otsego Waterfront District. 3. The City Council hereby determines that the vacation of said existing right-of-way and drainage and utility easements shall cause no damage to any abutting or nearby property owners and therefore no damages are awarded to any such property owners. 2 ADOPTED by the Otsego City Council this 12th day of October, 2026. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: CITY OF OTSEGO __________________________________ Jessica L. Stockamp, Mayor ATTEST: __________________________________ Audra Etzel, City Clerk 3 EXHIBIT A LEGAL DESCRIPTION Lots 1 and 2, Block 1, Outlot A and Lot 1, Block 2 Nathe 2nd Addition, Wright County, Minnesota 1 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2026-96 APPROVING A FINAL PLAT FOR OTSEGO WATERFRONT DISTRICT WHEREAS, Modern Construction of Minnesota, Inc. (“Developer”) has submitted application for a Final Plat for a subdivision to be known as Otsego Waterfront District; and WHEREAS, the legal description of the subject property (“Property”) is attached as Exhibit A; and WHEREAS, the Property is within the East Sewer District and guided for future Mixed Use land uses by the 2023 Comprehensive Plan; and WHEREAS, the Property is zoned PUD, Planned Unit Development District; and WHEREAS, a PUD Development Stage Plan for the Property was approved by the City Council on 9 June 2025; and WHEREAS, the proposed subdivision consists of one lot and three outlots; and WHEREAS, a preliminary plat for the proposed subdivision was approved by the City Council on 9 June 2025, subject to conditions; and WHEREAS, applications for final plat approval are processed in accordance with the provisions of Section 10-5-3 of the Subdivision Ordinance; and WHEREAS, the City Council considered the final plat at its meeting on 12 October 2026. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Otsego that the application for final plat approval is approved based upon the foregoing information and applicable ordinances, subject to the following conditions: 1. The developer shall execute a Development Contract as drafted by the City Attorney and approved by the City Council. a. If the final plat and Development Contract are not recorded on or before 31 December 2026, all securities, escrows, and fees required by it shall be revised in accordance with the Schedule of Fees established by Section 1-3-2 of the City Code effective as of 1 January 2027. 2. The subject property shall be developed in accordance with the PUD Development Stage Plan submitted to the City subject to the stipulations, limitations, and conditions as approved by the City Council. 3. The PUD Development Stage Plan shall be revised to provide for a 10-foot wide asphalt pedestrian connection from Lot 1, Block 1 of the plat to Outlot A, Waterfront East subject to review and approval by the City Engineer; said pedestrian trail is required to be constructed at the upon completion of the process to remove Outlot B from the floodplain. 2 4. Dedication of right-of-way and construction of Quantrelle Avenue, including sidewalks, signs, and street lights, shall be subject to review and approval of the City Engineer. 5. All utility plans are subject to review and approval of the City Engineer. 6. The developer shall pay Utility Availability Charges for Lot 1, Block 1, of the plat, at the time of final plat approval. 7. The developer shall pay Utility Connection Charges for the principal building on Lot 2, Block 1 at the time a building permit is issued in accordance with the provisions of the City Code. 8. All floodplain, grading, drainage, and erosion control plans and issues shall be subject to review and approval by the City Engineer. 9. All easements shall be subject to review and approval by the City Engineer; temporary drainage and utility easements that expire upon approval of a final plat shall be dedicated over Outlot A, Outlot B, and Outlot C. 10. The developer shall pay Park Fees in lieu of land at the time of final plat approval in accordance with the fee schedule in effect. (remainder of page blank; signatures follow) 3 ADOPTED by the Otsego City Council this 12th day of October, 2026. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: CITY OF OTSEGO __________________________________ Jessica L. Stockamp, Mayor ATTEST: __________________________________ Audra Etzel, City Clerk EXHIBIT A LEGAL DESCRIPTION Lots 1 and 2, Block 1, Outlot A and Lot 1, Block 2 Nathe 2nd Addition, Wright County, Minnesota 1 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2026-97 APPROVING A DEVELOPMENT CONTRACT OTSEGO WATERFRONT DISTRICT WHEREAS, Modern Construction of Minnesota, Inc. (the “owner”) is proposing the final plat of Otsego Waterfront District; and WHEREAS, a final plat for the development was approved by the City Council on 12 October 2026; and WHEREAS, Section 10-10-4.A of the Subdivision Ordinance requires the developer to execute a development contract to provide the City construction and warranty securities for the public and private improvements and to provide the City various remedies if the developer breaches the terms and conditions of said agreement; and WHEREAS, those obligations are outlined and memorialized in the attached PUD Development Contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA THAT: 1. The PUD Development Contract attached hereto between the City of Otsego and Modern Construction of Minnesota, Inc. is hereby approved in form subject to modification of fees, charges, and securities as approved by City staff. 2. The Mayor and City Clerk are hereby authorized to execute the Development Contract on behalf of the City of Otsego. (remainder of page blank; signatures follow) 2 ADOPTED by the City Council of the City of Otsego this 12th day of October, 2026. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: CITY OF OTSEGO __________________________________ Jessica L. Stockamp, Mayor ATTEST: __________________________________ Audra Etzel, City Clerk 1 240179v1 Otsego Waterfront District (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) OTSEGO WATERFRONT DISTRICT CONTRACT dated ____________________, 2026, by and between the CITY OF OTSEGO, a Minnesota municipal corporation (“City”), and MODERN CONSTRUCTION OF MINNESOTA, INC., a Minnesota corporation (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for OTSEGO WATERFRONT DISTRICT (referred to in this Contract as the "plat"). The land is situated in the County of Wright, State of Minnesota, and is legally described on Exhibit “A” attached hereto and made a part hereof. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within one hundred (100) days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City 2 240179v1 Otsego Waterfront District Engineer following approval of a preliminary plat by the City Council, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this contract has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the necessary insurance for the Developer and its construction contractors has been received by the City, and 4) the plat has been filed with the Wright County Recorder or Registrar of Titles’ office. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park dedication charges referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If 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 and outlots, within two (2) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For five (5) years from the date of this Contract, no amendments to the City’s Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract 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, official controls, platting or dedication requirements enacted after the date of this Contract. 7. 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 3 240179v1 Otsego Waterfront District officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 6 above. 8. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. The plans may be prepared, subject to the City Engineer’s approval, after entering the Contract, but before commencement of any work in the plat. The City Engineer may approve minor amendments to Plans without City Council approval. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan Plan C - Plans and Specifications for Public Improvements Plan D - Street Lighting Plan Plan E - Landscape Plan 9. IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Sewer System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control H. Underground Utilities I. Setting of Iron Monuments J. Surveying and Staking K. Sidewalks and Trails L. Retaining Walls M. Landscaping 4 240179v1 Otsego Waterfront District The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utility and street construction; and any other ordinances including Chapter 6 of the City Code concerning erosion and sediment control. The Developer shall submit plans and specifications which have been prepared by a competent Minnesota registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer’s engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s inspectors. The Developer’s engineer shall provide for on-site project management. The Developer’s engineer is responsible for design changes and contract administration between the Developer and the Developer’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City with all parties concerned, including the City staff, to review the program for the construction work. Within thirty (30) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of reproducible “as- constructed” plans and an electronic file of the “as-constructed” plans in an AutoCAD .DWG file or a .DXF file, all prepared in accordance with City standards. In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot corners must be completed before the applicable security is released. The Developer ’s surveyor shall also submit a written notice to the City certifying that the monuments have been installed following site grading, utility and street construction. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include: A. Wright County for County Road Access and Work in County Rights-of-Way B. MnDot for State Highway Access C. MnDot for Work in Right-of-Way 5 240179v1 Otsego Waterfront District 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, Retaining Walls, Irrigation I. MDH for water permits J. MPCA for sewer extension 11. 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 also be strictly followed. 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by November 30, 2027. 13. STREETS. The Developer agrees to maintain the streets within the Plat until the base course bituminous surfacing 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 the City determine that snowplowing is necessary prior to final wear course installation, the City will plow the street(s) prior to acceptance of the streets. The Developer shall hold harmless and indemnify the City from any and all liability related to snow plowing and shall pay all costs associated with snow plowing. Any plowing undertaken by the City shall not constitute City 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 seventy five percent (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 6 240179v1 Otsego Waterfront District course is placed prior to seventy five percent (75%) build out. Upon final completion of 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 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 period set forth above commences upon the date on which the City accepts the streets by resolution. The Developer shall construct a five-foot wide concrete sidewalk along the full width of Quantrelle Avenue abutting Lot 1, Block 1, Otsego Waterfront District. The Developer shall extend a 10-foot-wide asphalt trail from Lot 1, Block 1 of Otsego Waterfront District to Outlot A, Waterfront East, subject to review and approval by the City Engineer not less than one (1) year from the date Outlot B, Otsego Waterfront District has been removed from the designated flood plain or two (2) years from the date of final plat approval, whichever occurs first. 14. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 15. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the grading operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in accordance with the City’s current seeding specification which may include temporary seed to provide ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer’s and City’s rights or 7 240179v1 Otsego Waterfront District obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. 16. GRADING. The plat shall be graded in accordance with the approved grading development and erosion control plan, Plan “B”. The plan shall conform to City of Otsego specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits (except three (3) model home permits on lots acceptable to the Building Official), the Developer shall provide the City with an “as-constructed” grading plan certified by a registered land surveyor or engineer that all storm water treatment/infiltration basins and swales, have been constructed on public easements or land owned by the City. The “as-constructed” plan shall include field verified elevations of the following: a) cross sections of storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed “conservation area” posts; and c) lot corner elevations and house pads, and all other items listed in City Code. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report, including referenced development phases and lot descriptions, shall be submitted to the Building Official for review prior to the issuance of building permits. Before a building permit is issued, a cash escrow shall be furnished to the City in accordance with the City’s current fee schedule to guarantee compliance with the erosion control and grading requirements and the submittal of an as-built certificate of survey. Prior to the release of the required individual lot grading and erosion control security that is submitted with the building permit, an as-built certificate of survey for single family lots must be submitted to verify that the final as-built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the 8 240179v1 Otsego Waterfront District development, and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. If the final grading, erosion control and as-built survey is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as-built survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. A certified as-built building pad survey must be submitted and approved for commercial, industrial or institutional developments prior to issuance of a building permit. 17. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 18. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the improvements lying within public easements shall become City property without further notice or action. 19. LATERAL STORM SEWER. The Developer shall post a security for lateral storm sewer in the amount of $174,950.00 which is due upon final plat approval. The security amount shall be one hundred twenty five percent (125%) of the City Engineer’s estimated cost of all public improvements and/or private improvements required by the Subdivision Ordinance or Zoning Ordinance. The Developer shall pay a cash fee in the amount of $43,723.94 for the Trunk Storm Water Management Fee for the North Mississippi Watershed due upon final plat approval, calculated as follows: 4.94 Gr Ac X $8,851/Gr Ac = $43,723.94 20. LATERAL SANITARY SEWER AND LIFT STATION. The Developer shall pay to the City the required water availability charges and sanitary sewer availability charges. The water and sewer availability charges shall be collected according to Section 8-1-6-B of City Code including 9.0 RECs per gross acre for multiple family uses and 3.5 RECs per gross acre for commercial, industrial, or institutional 9 240179v1 Otsego Waterfront District uses. The Developer shall post a security in the amount of $107,575.00 for Lateral Sanitary Sewer which is due upon final plat approval. The security amount shall be one hundred twenty-five percent (125%) of the City Engineer’s estimated cost of all public improvements and/or private improvements required by the Subdivision Ordinance or Zoning Ordinance. The Developer shall pay a cash fee in the amount of $140,982.66 for the Sewer Availability Charge (“SAC”) at the time of plat approval which is calculated as follows: 4.94 Gr Ac X 9.0 REC’s/Gr Ac X $3,171/REC = $140,982.66 21. LATERAL WATERMAIN. The Developer shall post a security in the amount of $176,830.00 for the installation of lateral watermain and connection. The security amount shall be one hundred twenty-five percent (125%) of the City Engineer’s estimated cost of all public improvements and/or private improvements required by the Subdivision Ordinance or Zoning Ordinance. The Developer shall pay a cash fee in the amount of $204,338.16 for the Water Availability Charge (“WAC”) at the time of plat approval which is calculated as follows: 4.94 Gr Ac X9.0 REC’s/Gr Ac X $4,596/REC = $204,338.16 22. SEWER CONNECTION CHARGE AND WATER CONNECTION CHARGE. The Developer shall pay to the City required water and sewer connection charges. The water and sewer connection charges shall be collected per Section 8-1-6-C of City Code for all uses and must be paid prior to the issuance of a building permit based on the fee schedule in effect at the time of application for the building permit. 23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and public street construction is restricted to access the subdivision as approved by the City Engineer. 24. PARK DEDICATION. The Developer shall pay a cash contribution of $533,250.00 in lieu of land in satisfaction of the City’s park dedication requirements. The charge was calculated as follows: 135 Dwelling Units X $3,950/Dwelling Unit = $533,250.00 10 240179v1 Otsego Waterfront District 25. TRAFFIC CONTROL SIGNS. The Developer shall be responsible for the cost of traffic control sign installation consistent with a traffic control sign plan approved by the City. The Developer shall pay a cash fee to the City in the amount of $3,250.00. The charge is calculated as follows: 13 Signs X $250.00/Sign = $3,250.00 26. STREET LIGHT OPERATION COSTS. The Developer shall be responsible for the cost of street light installation consistent with a street lighting plan approved by the City. The Developer shall pay a cash fee to the City in the amount of $2,000.00. The charge is calculated as follows: 4 Lights X $500.00/Light = $2,000.00 27. LANDSCAPING. Landscaping shall be installed in accordance with the approved landscape plan. The Developer shall post a $73,000.00 landscaping security at the time of final plat approval to ensure that the landscaping is installed in accordance with the approved plan. 28. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the conditions listed in the Findings of Fact approved by the City Council on October 12, 2026. B. Otsego Waterfront District shall be developed in accordance with the PUD Development Stage Plan submitted to the City subject to the stipulations, limitations, and conditions as approved by the City Council. C. All utility plans are subject to review and approval of the City Engineer. D. The Developer shall pay Utility Availability Charges for Lot 1, Block 1, of the plat, at the time of final plat approval. E. The Developer shall pay Utility Connection Charges for the principal building on Lot 2, Block 1, at the time a building permit is issued in accordance with the provisions of City Code. F. All floodplain, grading, drainage, and erosion control plans and issues shall be subject to review and approval of the City Engineer. G. All easements shall be subject to review and approval of the City Engineer. 11 240179v1 Otsego Waterfront District H. The Developer shall grant to the City a temporary drainage and utility easement in a recordable form approved by the City over Outlots A, B, and C, Otsego Waterfront District, to expire upon either the outlots being final platted into lots and blocks or deeded to the City. The temporary drainage and utility easements shall be simultaneously recorded with the final plat. I. The Developer is required to submit the final plat in electronic format. The electronic format shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading, utilities, streets) shall be in electronic format in accordance with standard City specifications. 29. CONSTRUCTION ADMINISTRATION AND FEES FOR CITY SERVICES. 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 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 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 in this Contract), City 12 240179v1 Otsego Waterfront District 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), Park and Trail Dedication Fees (a flat fee due upon execution of this Agreement), and shall be as stated by the Financial Summary. This escrow amount shall be submitted to the City prior to the City executing this Agreement. All administrative and legal fees related to plan review, drafting of this Agreement and any other necessary items shall be paid to the City prior to execution of this Agreement. Any amounts for legal and engineering not utilized from this escrow fund shall be returned to the Developer when all improvements have been completed, all financial obligations to the City satisfied, and the required "as constructed" plans have been received by the City. All other amounts listed as flat fees are non-refundable and available immediately for City use when posted. 30. SECURITY. To ensure compliance with the terms of this Contract, and construction of all public improvements, and satisfaction of all other obligations, the Developer shall furnish the City with a cash escrow or Irrevocable Standby Letter of Credit with automatic renewal provisions in the amount as required under this Contract. The security amount shall be one hundred twenty five percent (125%) of the City Engineer’s estimated cost of all public improvements and/or private improvements required by the Subdivision Ordinance or Zoning Ordinance. The Developer shall provide an additional security equal to six and one-half (6.5%) of the estimated cost of the required public and/or private improvements for use by the City for the purpose of assuming responsibility for design, bidding, and construction administration of the required improvement in the event of a default by the Developer as provided for by this contract. The issuer and form of the security (other than cash escrow) shall be subject to City approval in its reasonable discretion. The security shall be issued by a banking institution in good standing as determined by the City and approved by the City Administrator. The City shall have the ability to draw on the security at a bank or branch bank located within fifty (50) miles of the City Hall. The security shall contain an automatic renewal provision and shall not expire until all the Development is complete and fully and finally accepted by the City, and all terms of this Contract are satisfied. 13 240179v1 Otsego Waterfront District The City may draw down the security, on five (5) business days written notice to the Developer, for any violation of the terms of this Contract or without notice if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval not to be unreasonably withheld or delayed, the security shall be reduced from time to time in proportion to the work completed, but not below ten percent (10%) which is the amount of the warranty security. For purposes of this Section, the warranty period shall be a twelve (12) month period after the applicable work has been completed, except with respect to streets, for which the warranty period shall be two years as addressed elsewhere in this Contract. This security amount shall be submitted to the City prior to execution of the Contract. All administrative and legal fees related to plan review, drafting of this Contract and any other necessary items shall be paid to the City prior to execution of the Contract. Upon completion of the work contemplated hereunder and expiration of the warranty period, the remaining security shall be promptly released to Developer. 31. SUMMARY OF SECURITY REQUIREMENTS. The amount of the security described above is calculated as follows: CONSTRUCTION COSTS: A. Sanitary Sewer and Lift Station - Lateral $107,575.00 B. Watermain - Lateral 176,830.00 C. Storm Sewer – Lateral 174,950.00 D. Streets, Trail and Sidewalks 353,229.00 CONSTRUCTION SUB-TOTAL $812,584.00 OTHER COSTS: A. Site Grading, Erosion & Sediment Control & Wetland Protection $19,470.00 B. Engineering & Surveying Construction Services (6.5%) 52,817.96 C. Landscaping 73,000.00 14 240179v1 Otsego Waterfront District OTHER COSTS SUB-TOTAL $145,287.96 TOTAL – SUBTOTAL $957,871.96 TOTAL IRREVOCABLE LETTER OF CREDIT $1,197,339.95 FOR SECURITY (125% OF SUBTOTAL ESCROW A. City Legal Expenses (Est. 1.0% of $812,584.00) $8,125.84 B. City Construction Observation (Est. 8.0% of $812,584.00) 65,006.72 C. GIS Data Entry Fee $250.00 ESCROW TOTAL $73,382.56 This breakdown is not a restriction on the use of the security. 32. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City prior to the City Council signing the final plat: A. City Administrative (Est. 1.0% of $812,584.00) $8,125.84 B. Trunk Sewer Access Fee (SAC) 140,982.66 C. Trunk Water (WAC) 204,338.16 D. Trunk Storm Water Management Impact Fee 43,723.94 E. Park And Trail Dedication 533,250.00 F. Wetland, Street &Traffic Control Signs 3,250.00 G. Street Lights 2,000.00 TOTAL CASH REQUIREMENTS $935,670.60 33. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship, other than as set forth hereafter in this Section 32, for a period of one (1) year. The warranty period for streets is two (2) years as specified in this Contract. The warranty period for underground utilities is two (2) years and shall commence following completion and acceptance by City Council. A minimum of ten percent (10%) of the total security as specified above in the portion of Section 31 of this Contract shall be retained as warranty security calculated as follows. 15 240179v1 Otsego Waterfront District WARRANTY RETAINAGE A. Sanitary Sewer $16,136.25 B. Watermain 26,524.50 C. Storm Sewer 26,242.50 D. Streets 52,984.35 E. Erosion & Sedimentation Control 973.50 TOTAL WARRANTY RETAINAGE FROM LETTER OF CREDIT $122,861.10 The Developer is not required to post this amount separately but rather this amount shall be retained for warranty purposes from the total security posted according to Section 33 of this Contract until warranty obligations are satisfied. 34. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and construction observation inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, 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, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of 16 240179v1 Otsego Waterfront District the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the Developer shall pay in full all bills submitted to it by the City prior to any reductions in the security for the development. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 35. 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 Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 36. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat 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. 17 240179v1 Otsego Waterfront District B. Third parties shall have no recourse against the City under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits. F. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connections or inspections may be conducted and 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 and the utilities are accepted by the City Engineer. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. 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 Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the property. In the event this Contract is recorded, upon request by Developer, the City covenants to provide a recordable Certificate of Completion within a reasonable period of time following the request, upon the completion of the work and responsibilities required herein, payment of all costs and fees required and compliance with all terms of the Contract. A release of this Contract may be provided in the same manner and subject to the same conditions as a Certificate of Completion provided there are no outstanding or ongoing obligations of Developer under the terms of this 18 240179v1 Otsego Waterfront District Contract. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Insurance. Prior to execution of the final plat, Developer and its general contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Developer and its general contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has finally accepted the public improvements, such insurance as shall protect Developer and its general contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Developer and its general contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: 19 240179v1 Otsego Waterfront District • $500,000 – Bodily Injury by Disease per employee • $500,000 – Bodily Injury by Disease aggregate • $500,000 – Bodily Injury by Accident The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”. All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City and (iii) shall identify the name of the plat. A copy of the endorsement must be submitted with the certificate of insurance. Developer’s and general contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s or general contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Developer’s negligence or its performance or failure to perform its obligations under this Contract. Developer’s indemnification obligation shall apply to Developer’s general contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer, or anyone for whose acts Developer may be liable. Developer agrees this indemnity obligation shall survive the completion or termination of this Contract. K. 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 20 240179v1 Otsego Waterfront District 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. L. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it, until the City’s issuance of a Certificate of Completion and Release. M. Retaining walls over four feet in height shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the Building Official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans and by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. All retaining walls must comply with the City’s engineering manual and the City’s zoning ordinance. N. Should the Developer convey any lot or lots in the Development to a third party, the City and the owner of that lot or those lots may amend this Development Contract or other city approvals or agreements for development or use of those lots without the approval or consent of the Developer or other lot owners in the Development. Private agreements between the owners of lots within the Development for shared service or access and related matters necessary for the efficient use of the Development shall be the responsibility of the lot owners and shall not bind or restrict City authority to approve applications from any lot owner in the Development. 37. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Attn: Jesse Hartung 12301 Central Ave NE Suite 209 Blaine, Minnesota 55434. 21 240179v1 Otsego Waterfront District Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Otsego City Hall, 13400 90th Street NE, Otsego, Minnesota 55330. [The remainder of this page has been intentionally left blank. Signature pages follow.] 22 240179v1 Otsego Waterfront District CITY OF OTSEGO BY: ___________________________________________ Jessica L. Stockamp, Mayor (SEAL) AND __________________________________________ Audra Etzel, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2026, by Jessica L. Stockamp and by Audra Etzel, the Mayor and City Clerk of the City of Otsego, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________________ NOTARY PUBLIC 23 240179v1 Otsego Waterfront District DEVELOPER: MODERN CONSTRUCTION OF MINNESOTA, INC. BY: ___________________________________________ Jesse Hartung Its Chief Executive Officer STATE OF MINNESOTA ) )ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2026, by Jesse Hartung the Chief Executive Officer of Modern Construction of Minnesota, Inc., a Minnesota corporation, on behalf of said entity. ______________________________________________ NOTARY PUBLIC DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: 651-452-5000 DSK/smt 24 240179v1 Otsego Waterfront District MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT LPG LAND, LLC, a Minnesota limited liability company, which holds a Mortgage executed by Modern Construction of Minnesota, Inc., a Minnesota Corporation, (“Mortgagor”), in favor of LPG Land, LLC, a Minnesota limited liability company, (“Mortgagee”), dated July 11, 2023, and filed July 14, 2023 in the Office of the County Recorder, Wright County, Minnesota as Abstract Document No. A1534253, on all or part of the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this _____ day of ____________, 2026. LPG LAND, LLC By: _________________________ [print name] Its _____________________ [title] STATE OF MINNESOTA ) )ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this _____ day of ________________, 2026, by ___________________________________________________________________________, the _________________________________________________ of LPG LAND, LLC, a Minnesota limited liability company, on behalf of said entity. ________________________________________ NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 651-452-5000 DSK/smt 25 240179v1 Otsego Waterfront District EXHIBIT “A” TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as OTSEGO WATERFRONT DISTRICT Lot 1, Block 1, Lot 2, Block 1, Lot 1, Block 2, and Outlot A, all in Nathe 2nd Addition, Wright County, Minnesota, according to the recorded plat thereof. [To be platted as Otsego Waterfront District, Wright County, Minnesota.] 26 240179v1 Otsego Waterfront District [BANK LETTERHEAD] IRREVOCABLE LETTER OF CREDIT No. ___________________ Date: _________________ TO: City of Otsego City Hall 13400 90th Street NE Otsego, Minnesota 55330 Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $____________, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. __________, dated ________________, 2_____, of (Name of Bank) "; b) Be signed by the City Administrator or Finance Director of the City of Otsego. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2_____. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Otsego Finance Director that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty - five (45) days prior to the next annual renewal date addressed as follows: Otsego Finance Director, Otsego City Hall, 13400 90th Street NE, Otsego, MN 55330, and is actually received by the Finance Director at least thirty (30) days prior to the renewal date. DEMAND(S) FOR PAYMENT MAY ALSO BE MADE BY FACSIMILE TRANSMISSION TO ________ OR SUCH OTHER FAX NUMBER AS (NAME OF ISSUING BANK) MAY IDENTIFY IN A WRITTEN NOTICE TO YOU. TO THE EXTENT PRESENTATION IS MADE BY FACSIMILE TRANSMISSION YOU MUST PROVIDE TELEPHONE NOTIFICATION THEREOF TO (NAME OF ISSUING BANK) AT TELEPHONE NUMBER: _________ PRIOR TO OR SIMULTANEOUSLY WITH THE SENDING OF SUCH FACSIMILE TRANSMISSION. HOWEVER, THE ABSENCE OF SUCH TELEPHONE CONFIRMATION AS DESCRIBED ABOVE DOES NOT AFFECT OUR OBLIGATION TO HONOR SUCH DRAWING, IF SUCH DRAWING IS OTHERWISE IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS IRREVOCABLE LETTER OF CREDIT. IF DEMAND FOR PAYMENT IS MADE BY FAX, PRESENTATION OF ORIGINAL DOCUMENTS IS NOT REQUIRED. OR DEMAND(S) FOR PAYMENT TO BE MADE VIA EMAIL TO _______________. PRESENTATION OF ORIGINAL DOCUMENTS IS NOT REQUIRED. 27 240179v1 Otsego Waterfront District This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit is issued subject to the International Standby Practices 1998, International Chamber of Commerce Publication No. 590 (“ISP98”). This letter of Credit shall also be governed by the laws of the State of Minnesota, including the Minnesota Uniform Commercial Code, to the extent not inconsistent with ISP98. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. [NAME OF BANK] BY: ____________________________________ Its ______________________________