16-023RESOLUTION NO. 16 -023
A RESOLUTION AUTHORIZING CITY ADMINISTRATOR TO EXECUTE AN
AGREEMENT REGARDING GRADING AND SITE UTILITY WORK OF PHASE I
MINNETONKA COUNTRY CLUB PLANNED UNIT DEVELOPMENT
WHEREAS, Mattamy Homes of Minnesota LLC has requested permission to begin
grading, utility and site work for the Minnetonka Country Club P.U.D. in advance of Final Plan
and Final Plat approval for the project; and
WHEREAS, in order to ensure that disturbed areas of the subject property will be
restored in the event the final plat is not secured within the time limits imposed by the
Shorewood Subdivision Code; and
NOW, THEREFORE BE IT RESOLVED that the City of Shorewood City Council
hereby approves and authorizes the City Administrator to execute the Agreement Regarding
Grading and Site Utility Work of Phase I Minnetonka Country Club P.U.D. on behalf of the City.
ADOPTED by the City Council of the City of Shorewood this 28th day of March 2016.
Scott by, M y r
ATTEST:
JeA Panchyshyn, CU clerk
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AGREEMENT REGARDING GRADING AND SITE UTILIT`1'W1*AA OF
PHASE ONE MINNETONKA COUNTRY CLUB PLANNED UNIT
DEVELOPMENT
WHEREAS, the applicant Mattamy Homes of Minnesota LLC ("Developer"), a
corporation under the laws of the State of Delaware, owners of the property described as
Minnetonka County Club ("MCC"), has applied for and received concept and
development stage planned unit development ("PUD") approval of the above described
property for the property designated as MCC; and
WHEREAS, on 12 October 2015, the Shorewood City Council approved the concept
stage PUD subject to conditions; and
WHEREAS, on 22 February 201.6, the Shorewood City Council approved the
development stage and preliminary plat subject to conditions; and
WHEREAS, the applicant has requested early grading of specific portions the property
within the PUD, and the Council has approved certain work on site subject to the
Developer executing this Agreement and providing security in an amount established by
the City Engineer.
1. Developer will commence limited grading of the site only to the extent approved
by the City Engineer and as set forth in the Phase I Grading, Development and Erosion
Control Plan, dated 16 February 2106, prepared by Carlson and McCain and on file at the
Shorewood City Offices. No work will be -undertaken until Developer has:
A. Submitted and has approved by the City Engineer grading and erosion
control plans for the site.
B. Secured approvals and permits from the Minnehaha Creek Watershed
District ("MCWD") for all areas where grading will not be permitted pending filial
resolution of wetland issues.
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C. Secured no further action letters from the Minnesota Department of
Agriculture and the Minnesota Pollution Control Agency for the contaminated soil
remediation that has taken place on the site.
D. Resolved drainage and erosion control issues to the satisfaction of the City
Engineer.
E. Hours of operation shall be limited as to those contained in the adopted
City Engineering Manual.
F. Haul routes for vehicles used in transport of materials shall be designated
by the City Engineer. The City Engineer has discretion. to change the designated
haul routes in event of unforeseen circumstances. This Agreement may be
terminated and all work on the site may be terminated by the City for applicant's
failure to use the designated haul routes.
G. Applicant shall provide for daily street sweeping of Smithtown Road, or as
deemed necessary by the City Engineer or City Public Works Supervisor.
2. Limitations. Developer will undertake such work with knowledge that not all
conditions of final plat approval have been satisfied. All work undertaken prior to
satisfaction of all conditions of final. plat approval and full compliance with City
ordinances including, but not limited to, execution of Developer's Agreement and posting
of all required security, is solely at the risk of Developer.
3. Indentnification. Developer shall indemnify and hold harmless the City fro.rn any
and all claims or causes of action of whatever nature related to the grading and
preparation of the site as set forth in this Agreement. Said indemnity and agreement to
hold the City harmless includes payment of any and all attorney's fees, engineering fees,
witness fees or any other costs and disbursements related to this Agreement, including
any City fees or costs expended to enforce the terms and conditions of this Agreement,
4. Financial Security. In order to ensure compliance with this Agreement, or to
assure completion or restoration of the site, Developer shall post the following securities:
(a) An Irrevocable Standby Letter of Credit with automatic renewal provision
or cash in the amount of $157,000 in favor of the City. The Letter of Credit
shall remain in place until all work set forth in this Agreement (Phase 1) as
set forth on the plans referenced in I., above has been completed and
approved by the City Engineer. Additional Letters of Credit must be in
place prior to any work commencing on additional Grading Phases. The
Letter of Credit shall be in a form approved by the City, with an FDIC
approved Batik within an office at which the Letter of Credit can be drawn
within fifty (50) miles of the City. If the Letter of Credit remains in place
at the time of execution of a Developer's Agreement, the Letter of Credit,
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or a portion thereof, as determined by the City Engineer, may be extended
as security for the Developer's Agreement.
(b) The Letter of Credit referenced in (a), above, shall also serve as security for
purposes of repair and overlay of City street haul routes (or other roads if
improperly used) damaged by vehicles and machinery involved in
excavation and transportation of material to and from the subject site.
(c) The Letter of Credit referenced in (a), above, shall, also serve as security for
purposes of reimbursing the City for any street sweeping costs and
expenses not timely undertaken by applicant. In the event that applicant
does not complete the daily required street sweeping the City public works
may undertake the task and shall be reimbursed for their costs and expenses
at established City rates.
5. Waiver. The City makes no representations that this Agreement constitutes or
implies that conditions of preliminary or final plat approval have been satisfied.
Dated: 29 March 2016
Sco0erby, Ma Uo
Jeak Panchyscbyri, CO Ciert
Dated: 29 March 2016
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