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03-021CITY OF SHOREWOOD RESOLUTION NO. 03-021 • A RESOLUTION APPROVING THE FINAL PLAT OF SHOREWOOD VILLAGE ADDITION WHEREAS, the final plat of Shorewood Village Addition has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: The plat of Shorewood Village Addition is hereby approved. 2. The approval is specifically conditioned upon the Developer executing and recording the FIRST AMENDMENT TO DEVELOPMENT AGREEMENT by and between CITY OF SHOREWOOD and SHOREWOOD VILLAGE SHOPPING CENTER,INC, attached hereto as Exhibit A and made a part hereof, with the Hennepin County Recorder: • 3. The Mayor and City Administrator/Clerk are authorized to execute the Certificate of Approval for the plat on behalf of the City Council. 4. The final plat, together with this resolution, shall be recorded within thirty (30) days of the date of certification of this Resolution. BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by the Mayor and City Administrator/Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL OF THE CITY PF SHOREWOOD this 24th day of March, 2003. j ATTEST: • WOODY LOVE, MAYOR . DAWSON, CITY ADMINISTRATOR/CLERK FIRST AMENDMENT TO DEVELOPMENT AGREEMENT • by and between CITY OF SHOREWOOD and SHOREWOOD VILLAGE SHOPPING CENTER, INC. THIS AMENDMENT, made this of � A day of March, 2003, by and between the CITY OF SHOREWOOD, a Minnesota municipal corporation (hereinafter the "City"), and SHOREWOOD VILLAGE SHOPPING CENTER, INC., a Nevada corporation (hereinafter the "Developer"). RECITALS WHEREAS, the Developer entered into a Development Agreement with the City relating to the development of the Shorewood Village Shopping Center. WHEREAS, the Developer desires to subdivide the Subject Property described in the Development Agreement to allow for separate ownership of the shopping center and the Cub Foods grocery store. WHEREAS, the Developer has made application for plat approval of the Shorewood Village Addition to create Lot 1, Block 1 and Lot 2, Block 1. NOW THEREFORE, in consideration of the mutual covenants and guarantee contained herein, the parties agree as follows: The owners, successors and assigns of Shorewood Village Addition agree to be bound by the terms and conditions of the Development Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day first above written. SHOREWOOD VILLAGE CIT' SHOPPING CENTER, INC. to • Its: ME Its: Mayor ATTEST: to • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of March 2003, before me, a Notary Public.within and for said County, personally appeared Woody Love and Craig Dawson to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Administrator/Clerk of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, and said Mayor and City Administrator/Clerk acknowledged said instrument to be the free act and deed of s ' JEAN M. PANCMYSITYN W'fARY PWi1C MINNBM Wtar '' w, •�• MYcwffftd nE�dm.$1. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of March, 2003 before me, within and for said County, personally appeared , of Shorewood Village S Shopping Center, Inc., the Developer, described in and who executed the foregoing instrument and acknowledged that it executed the same as its free act and deed. Notary Public THIS INSTRUMENT WAS DRAFTED BY: LARKIN, HOFFMAN, DALY & LINDGREN, LTD. 1500 WELLS FARGO PLAZA 7900 XERXES AVENUE SOUTH BLOOMINGTON, MINNESOTA 55431 (952) 835-3800 843134.1 • 2.