02-089
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CITY OF SHOREWOOD
RESOLUTION NO. 02- 089
A RESOLUTION SETTING LICENSE, PERMIT,
SERVICE CHARGES AND MISCELLANEOUS FEES
WHEREAS, the fees that residents shall pay to the city for the licenses, permits,
services charges and miscellaneous fees shall be determined from time to time by the
Shorewood City Council; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood that certain fees are set as follows:
Description
New Fee
Annual Dog License, per animal
License Late Fee
$10.00
$ 5.00
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SH
day of November 2002.
WOODY LOVE, MAYOR
ATTEST:
KWSON, CITY ADMINISTRATOR
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J::yeculed COP(f
a -fI (1 c JLC? (;i/
DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS
FOR OAKVIEW ESTATES TOWNHOMES
THIS DECLARATION is made this _ day of August 2003, by Elite Services, Inc., a
Minnesota Corporation ("Declarant").
RECITALS
A.
Declarant is the owner of certain real property located in the City of
Shorewood ("City"), Hennepin County, Minnesota (the "Property"),
legally described as follows:
See Exhibit A attached hereto and incorporated herein by reference.
B.
As required under that certain City resolution approving Oakview Estates
Townhomes dated November 25, 2002, (the "Resolution"), Declarant is
hereby imposing certain restrictive covenants against the Burdened
Property.
NOW, THEREFORE, Declarant declares that the Property is and shall be held,
transferred, sold, conveyed and occupied subject to the covenants, restrictions and agreements
hereinafter set forth.
1.) General Use Regulations.
(a) Unit owners shall not engage, or permit their families, guests, and/or tenants to
engage in conduct constituting a material annoyance or nuisance to others.
(b) Business or commercial activity shall not be conducted on the Burdened Property.
(c) Garbage and refuse shall only be placed in leak proof trash bags and only
deposited in designated trash receptacles.
(d) Flammable substances shall not be stored on the Property except III safe
containers.
Attachment II
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DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS
FOR OAKVIEW ESTATES TOWNHOMES
TillS DECLARATION is made this~ day of August 2003, by Elite Services, Inc., a
Minnesota Corporation ("Declarant").
RECITALS
A.
Declarant is the owner of certain real property located in the City of
Shorewood ("City"), Hennepin County, Minnesota (the "Property"),
legally described as follows:
See Exhibit A attached hereto and incorporated herein by reference.
B.
As required under that certain City resolution approving Oakview Estates
Townhomes dated November 25, 2002, (the "Resolution"), Declarant is
hereby imposing certain restrictive covenants against the Burdened
Property.
NOW, THEREFORE, Declarant declares that the Property is and shall be held,
transferred, sold, conveyed and occupied subject to the covenants, restrictions and agreements
hereinafter set forth.
1.) General Use Regulations.
(a) Unit owners shall not engage, or permit their families, guests, and/or tenants to
engage in conduct constituting a material annoyance or nuisance to others.
(b) Business or commercial activity shall not be conducted on the Burdened Property.
(c) Garbage and refuse shall only be placed in leak proof trash bags and only
deposited in designated trash receptacles.
(d) Flammable substances shall not be stored on the Property except III safe
containers.
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(e) No inherently dangerous items (such as explosives) shall be kept on the Property.
(f) Firearms, airguns, and other devices designated to fire a potentially lethal
projectile shall not be carried or discharged on the Property, except for carrying to and
from a vehicle for purposes of transporting the device. Personal property shall not be
stored, displayed or otherwise left outside the units.
(g) Walkways, streets, driveways, and other portions of the Property used for access
to and from the units, or parking areas, shall not be obstructed, or used for storage,
activities, or any other purpose other than access and parking.
(h) All originally installed plants, trees, landscaping, and topsoil shall be left
undisturbed, except for routine maintenance.
2.) Use of Decks.
(a) Unit owners and their families, guests, and/or tenants shall not engage in loud or
otherwise disturbing activities on the unit decks.
(b) With the exception of seasonal furniture and seasonal plants (in leak proof
containers) out during the appropriate season, decks shall not be used for storage.
3.) Exterior Alterations/Displays.
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(a) With the exception of "for sale" signs (of a reasonable size) when a unit is for
sale, no signs or displays of any kind shall be placed anywhere on the Property.
(b) There shall be no exterior storage buildings, animal enclosures, tents, awnings,
shelters, poles, or other structures, temporary or permanent, on the Property.
(c) With the exception of potted flowering plants, no exterior fixtures (such as bird
houses, bird feeders, wind chimes, or exterior ornamentation of any kind) shall be placed
on any part of the Property.
(d) Units shall have no more than two satellite dishes, the diameters of which shall
not exceed twenty-four inches.
4.) Vehicles and Parking Regulations.
With the exception of guest vehicles and unit owner vehicles parked within a unit
owner's garage, there shall be no outside parking of vehicles, recreational equipment or
trailers of any type, whether motorized or not.
5.) Animals.
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(a) With the exception of small, domesticated common house pets (such as dogs, cats,
fish, or birds) kept by an owner or occupant in their dwelling, no animals shall be kept on
the Property.
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(b) Within a unit, there shall be kept a maximum of two (2) dogs or two (2) cats, or
one (1) dog and one (1) cat.
(c) Any pet outside of a unit shall be under the direct control of the pet owner or other
handler and no pet shall be left unattended on decks, patios or in a unit garage.
(d) There shall be no outdoor pet houses, shelters or enclosures of any type on the
Property.
( e) Solid waste from pets shall not be left on the Property.
6.) Binding Effect. Subject to the limitations and qualifications set forth hereinabove,
this Declaration and the restrictions contained herein shall: (i) apply permanently and perpetually
to the extent permitted by applicable laws, and (ii) be binding upon the benefited and burdened
real property described herein and the owners thereof, their respective heirs, representatives,
successors and assigns and shall run with the land.
7.) Governing Law. This Declaration shall be governed and construed in accordance
with the laws of the State of Minnesota.
8.) Miscellaneous. The headings and captions used in this Declaration are for
convenience only and are not to be used in the interpretation of this Declaration. This
Declaration is not intended to give or confer any benefits, rights or privileges to any person or
entity as a third party beneficiary. No benefited party shall be deemed to have waived any rights
under this Declaration unless such waiver is given in writing. If any provision ofthis Declaration
is invalid or unenforceable, such provision shall be deemed to be modified to be within the limits
of enforceability or validity, if feasible; however, if the offending provision cannot be modified,
it shall be stricken and all other provisions of this Declaration in all other respects shall remain
valid and enforceable.
ELITE SERVICES, INC.
By:
t~~ I. tl/lY\.
oshua Christopher Allen
Its: President
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STATE OF (V') tJ )
J ) ss.
COUNTY OF .j-\--eMt. )
~ The foregoing instrument was acknowledged before me this ell 1>tdayof
l.CfL,Lst- ,2003, by Joshua Christopher Allen, the President of Elite Services, Inc., a
Minnesota corporation.
TWrlA A. GROUT
NOTARY PUBLIC
MINNESOTA
My Commission expires Jan. 31, 2005
THIS INSTRUMENT WAS DRAFTED BY:
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
1500 WELLS FARGO PLAZA
7900 XERXES AVENUE SOUTH
BLOOMINGTON, MINNESOTA 55431
(952) 835-3800
876289.1
Q:tvJh-,f.~J:::
Notary Public ~' _'"
My Commission Expires: n . 5// JtX:{::J
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Exhibit A
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&,.CCL~+ec( CvP(1
AHa.(hed
CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
OAKVIEW ESTATES
THIS AGREEMENT, made this day of , 2002, by and
between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter
referred to as the "City", and ZB Companies, Inc., a Minnesota Corporation, and 3Z
Holdings, LLC, hereinafter referred to collectively as the "Developer".
WHEREAS, the Developer has an interest in certain lands legally described in
Exhibit A, attached hereto and made a part hereof, which lands are hereinafter referred
to as the "Subject Property"; and
WHEREAS, Developer proposes to develop the Subject Property into three (3)
two- family base lots and six (6) unit lots, as defined by the Shorewood Zoning Code;
and
WHEREAS, the Developer has made application for a preliminary plat for the
property with the Zoning Administrator, which preliminary plat was considered by the
Planning Commission at their meeting held on 6 March 2002, and at a meeting of the
City Council on 22 April 2002; and
WHEREAS upon recommendation of the Planning Commission, the City
Council did consider and grant preliminary plat approval as set forth in the minutes of
the 22 April 2002 City Council meeting; and
WHEREAS, the Developer has filed with the City the Final Plat for "Oakview
Estates", a copy of which plat is attached hereto and made a part hereof as Exhibit B;
NOW, THEREFORE, in consideration of the mutual covenants and guarantees
contained herein, the parties hereto agree as follows:
1) Conditions of Approval - The Developer shall comply with the
conditions of approval as adopted by the CityCouncil and set forth in the minutes of its
22 April 2002 meeting. In addition, development of the propertyissubject to the
requirements of the R-2A, Single and Two-Family Residential zoning district.
(01) Minimum setbacks (for all structures) shall be as follows:
(a) Front:
(b) Rear:
(c) Side:
(d) Side yard abutting a street:
35 feet
40 feet
10 feet
35 feet
(02) Maximum building height, as defined by the Shorewood Zoning Code,
shall be two and one-half stories or 35 feet, whichever is less.
A TTACHMENT I
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CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
OAKVIEW ESTATES
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THIS AGREEMENT, made this /I 1'_ day of ~/"'G., 2003, by and
between the CITY OF SHOREWOOD, a Minnesota munici I corporation, hereinafter
referred to as the "City", and Elite Services, Inc., a Minnesota Corporation, hereinafter
referred to as the "Developer".
WHEREAS, the Developer has an interest in certain lands legally described in
Exhibit A, attached hereto and made a part hereof, which lands are hereinafter referred
to as the "Subject Property"; and
WHEREAS, Developer proposes to develop the Subject Property into three (3)
two- family base lots and six (6) unit lots, as defined by the Shorewood Zoning Code;
and
WHEREAS, the Developer has made application for a preliminary plat for the
property with the Zoning Administrator, which preliminary plat was considered by the
Planning Commission at their meeting held on 6 March 2002, and at a meeting of the
City Council on 22 April 2002; and
WHEREAS upon recommendation of the Planning Commission, the City
Council did consider and grant preliminary plat approval as set forth in the minutes of
the 22 April 2002 City Council meeting; and
WHEREAS, the Developer has filed with the City the Final Plat for "Oak.view
Estates", a copy of which plat is attached hereto and made a part hereof as Exhibit B;
NOW, THEREFORE, in consideration of the mutual covenants and guarantees
contained herein, the parties hereto agree as follows:
1) Conditions of Approval - The Developer shall comply with the
conditions of approval as adopted by the City Council and set forth in the minutes of its
22 April 2002 meeting. In addition, development of the property is subject to the
requirements of the R-2A, Single and Two-Family Residential zoning district.
(01) Minimum setbacks (for all structures) shall be as follows:
(a) Front:
(b) Rear:
(c) Side:
(d) Side yard abutting a street:
35 feet
40 feet
10 feet
35 feet
(02) Maximum building height, as defined by the Shorewood Zoning Code,
shall be two and one-half stories or 35 feet, whichever is less.
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(03) Development of the Subject Property is limited to three, two-family
residential buildings, one each on Lots 1 and 2, Lots 3 and 4, and Lots 5 and 6.
Lots 1-6 are considered to be unit lots as defined by the Shorewood Zoning
Code. As such, principle structures on those lots are limited to one half of a
two-family dwelling. Lots 1-6 shall not be used for detached single-family
dwellings.
2.) Improvements Installed by Developer - Developer agrees at its expense
to construct, install and perform all work and furnish all materials and equipment in
connection with the installation ofthe following improvements:
(01) All site grading including building pad correction where needed;
(02) Street grading, stabilizing and bituminous surfacing;
(03) Surmountable concrete curb and gutter;
(04) Sanitary sewer;
(05) Storm sewer and surface water drainage facilities;
(06) Street name signs and traffic control signs;
(07) Required landscaping and reforestation;
consistent with the plans and specification prepared by Passe Engineering Inc., dated
23 April 2003, as received and approved by the City Engineer, and the Tree
Preservation and Reforestation Plan prepared by McCombs Frank Roos Associates, Inc.,
dated 22 October 2002, as received and approved by the Shorewood Planning Director..
It is understood that underground utility lines, including gas, electric, telephone, and
television cable shall be installed by the respective private utility companies pursuant to
separate agreements with the Developer.
3.) Final Plat. Grading, Drainage and Utility Plan, Building Plan - The
Developer has filed with the City Clerk the final plat titled Oakview Estates for the
development ofthe Subject Property. Said plat is attached hereto and made a part
hereof as Exhibit B. Said final plat, together with the grading, drainage, and utility
plans, referenced in paragraph 2 above and this Development Agreement, is herewith
adopted and approved by the City.
4.) Pre-construction Meeting - Prior to the commencement of construction,
Developer or its engineer shall arrange for a pre-construction meeting to be held at
Shorewood City Hall. Such meeting shall be coordinated with the City Engineer and
shall include all appropriate parties specified by the City Engineer.
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5.) Standards of Construction - Developer agrees that all ofthe
improvements set forth in paragraph 2 above shall be constructed and installed in
accordance with engineering plans and specifications approved by the City Engineer and
the requirements of applicable City ordinances and standards, and that all of said work
shall be subject to final inspection and approval by the City Engineer.
6.) Materials and Labor - All of the materials to be employed in the making
of said improvements and all of the work performed in connection therewith shall be of
uniformly good and workmanlike quality, shall equal or exceed the quantities and
qualities required by the approved plans and specifications, and shall be subject to
inspection and approval of the City, which approval shall not be unreasonably withheld
if the materials and work are consistent with the plans and specifications and the
standards set forth herein. In case any materials or labor supplied shall be rejected by
the City as defective or unsuitable, then such rejected materials shall be removed and
replaced with approved materials, and rejected labor shall be done anew to the
reasonable satisfaction and approval of the City at the cost and expense of Developer.
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7.) Schedule of Work - The Developer shall submit a written schedule in the
form of a bar chart indicating the proposed progress schedule and order of completion of
work covered by this Agreement. It is understood and agreed that the work set forth in
paragraph 2, except the final lift of asphalt, shall be performed to be completed by 1
September 2003. The final lift of asphalt shall be completed by 1 July 2004. Upon
receipt of written notice from the Developer of the existence of causes over which the
Developer has no control, which will delay the completion of the work, the City, at its
discretion, may extend the dates specified for completion.
8.) As-Built Plan - Within sixty (60) days after the completion of
construction of the hnprovements, Developer shall cause its engineer to prepare and file
with the City a full set of "as-built" plans, including a mylar original and two (2) black
line prints, showing the installation ofthe hnprovements within the plat. Failure to file
said "as-built" plans within said sixty (60) day period shall suspend the issuance of
building permits and certificates of occupancy for any further construction within the
plat until the documents called for herein are filed.
9.) Easements - Developer, at its expense, shall acquire all easements from
abutting property owners necessary to the installation ofthe sanitary sewer, storm sewer,
and surface water drainage facilities within the plat, if and to the extent required by the
Minnehaha Creek Watershed District, and thereafter promptly assign said easements to
the City.
10.) Pre-existing Drain Tile - All pre-existing drain tile disturbed by
Developer during construction shall be restored by Developer.
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11.) Staking, Surveying and Inspection - It is agreed that the Developer,
through its engineer, shall provide for all staking and surveying for the above-described
improvements and delineation ofthe wetland buffer areas. In order to ensure that the
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completed improvements conform to the approved plans and specifications, the City
will provide for resident inspection as determined necessary by the City Engineer.
12.) Grading, Drainage, and Erosion Control- Developer, at its expense, shall
provide grading, drainage and erosion control plans to be reviewed and approved by the
City Engineer. Said plans shall provide for temporary dams, earthwork or such other
devices and practices, including seeding of graded areas, as reasonably necessary, to
prevent the washing, flooding, sedimentation and erosion of lands and streets within and
outside the plat during all phases of construction. Developer shall keep all streets
within, and adjacent to, the plat free of all dirt and debris resulting from construction
therein by the Developer, its agents or assignees.
13.) Street Signs - Developer, at its expense, shall provide standard city street
identification signs and traffic control signs in accordance with the Minnesota Manual
on Uniform Traffic Control Devices, as directed by the City Engineer.
14.) Access to Residences - Developer shall provide reasonable access,
including temporary grading and graveling, to all residences affected by construction
until the streets are accepted by the City.
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15.) Occupancy Permits - The City shall not issue a certificate of occupancy
until all Improvements set forth in paragraph 2, except the final lift of asphalt, are
completed and approved by the City Engineer.
16.) Final illspection - At the written request of the Developer, and upon
completion of the Improvements set forth in paragraph 2 above, the City Engineer, the
contractor, and the Developer's engineer will make a final inspection of the work.
When the City Engineer is satisfied that all work is completed in accordance with the
approved plans and specifications, and the Developer's engineer has submitted a written
statement attesting to same, the City Engineer shall recommend that the improvements
be accepted by the City.
17.) Conveyance oflmorovements - Upon completion of the installation by
Developer and approval by the City Engineer of the improvements set forth in paragraph
2 above, the Developer shall convey said improvements to the City free of all liens and
encumbrances and with warranty of title, which shall include copies of all lien waivers.
Should the Developer fail to so convey said improvements, the same shall become the
property of the City without further notice or action on the part of either party hereto,
other than acceptance by the City.
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18.) Re?lacement - All work and materials performed and furnished
hereunder by the Developer, its agents and subcontractors, found by the City to be
defective within one year after acceptance by the City, shall be replaced by Developer at
Developer's sole expense. Within a period of thirty (30) days prior to the expiration of
the said one-year period, Developer shall perform a televised inspection of all sanitary
sewer lines within the plat and provide the City with a VHS videotape thereof.
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19.) Restoration of Streets, Public Facilities and Private Properties - The
Developer shall restore all City streets and other public facilities and any private
properties disturbed or damaged as a result of Developer's construction activities,
including sod with necessary black dirt, bituminous replacement, curb replacement, and
all other items disturbed during construction.
20.) Reimbursement of Costs - The Developer shall reimburse the City for all
costs, including reasonable engineering, legal, planning and administrative expenses
incurred by the City in connection with all matters relating to the administration and
enforcement of the within Agreement and the performance thereof by the Developer.
Such reimbursement of costs shall be made within thirty (30) days ofthe date of mailing
ofthe City's notice of costs to the address set forth in paragraph 28 below.
21.) Claims for Work - The Developer or its contractor shall do no work or
furnish no materials not covered by the plans and specifications and special conditions
ofthis Agreement, for which reimbursement is expected from the City, unless such
work is first ordered in writing by the City Engineer as provided in the specifications.
Any such work or materials which may be done or furnished by the contractor without
such written order first being obtained shall be at its own risk, cost and expense.
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22.) Surety for Improvements - Deposit or Letter of Credit - For the purpose
of assuring and guaranteeing to the City that the improvements to be constructed,
installed and furnished by the Developer as set forth in paragraph 2 above, shall be
constructed, installed and furnished according to the terms of this Agreement, and to
ensure that the Developer submit to the City as-built plans as required in paragraph 8
and that the Developer pay all claims for work done and materials and supplies
furnished for the performance ofthis Agreement, the Developer agrees to furnish to the
City either a cash deposit or an irrevocable letter of credit approved by the City in an
amount equal to 150% ofthe total cost of said Improvements estimated by the
Developer's engineer and approved by the City Engineer. Said deposit or letter of credit
shall remain in effect for a period of one year following the completion ofthe required
improvements. The letter of credit or security for landscape improvements shall remain
in place for two (2) full growing seasons. The deposit or letter of credit may be reduced
in amount at the discretion of the City upon approval by the City of the partially
completed Improvements, but in no event shall the deposit or letter of credit be reduced
to an amount less than 125% of the cost ofthe remaining Improvements. At such time
as the Improvements have been approved by the City, such deposit or letter of credit
may be replaced by a maintenance bond.
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23.) Insurance - The Developer shall take out and maintain public liability
and property damage insurance covering personal injury, including death, and claims for
property damage which may arise out of the Developer's work or the work oftheir
subcontractors, or by one directly or indirectly employed by any of them. This
insurance policy shall be a single limit public liability insurance policy in the amount of
$2,000,000.00 and shall remain in effect until the improvements set forth in paragraph 2
have been accepted by the City. The City shall be named as additional insured on said
policy and the Developer shall file a copy of the insurance coverage with the City.
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Prior to commencement of construction of the Improvements described in
paragraph 2 above, the Developer shall file with the City a certificate of such insurance
as will protect the Developer, his contractors and subcontractors from claims arising
under the workers' compensation laws of the State of Minnesota. The insurance
coverage required hereby may be supplied by the Developer's contractors and
subcontractors, thereby satisfying the requirements of this section.
24.) Laws. Ordinances. Regulations and Permits - Developer shall comply
with all laws, ordinances, and regulations of all regulatory bodies having jurisdiction of
the Subject Property and shall secure all permits that may be required by the City of
Shorewood, the State of Minnesota, the Minnehaha Creek Watershed Districts, and the
Metropolitan Waste Control Commission before commencing development of the plat.
25.) Local Sanitary Sewer Access Charges (LSSAC) - Developer shall, prior
to release of the final plat by the City, make a cash payment to the City in the sum of
$7200 ($1200 for each unit lot) as local sanitary sewer access charges.
26.) Park Fund Payment - Developer shall, prior to release of the final plat by
the City, make a cash payment to the City in the sum of $9,000 ($1500 for each unit lot)
for the Park Fund.
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27.) Tree Preservation Measures - The City has adopted a Tree Preservation
Policy ("Policy") which has been incorporated into the City Code. In addition to the
Policy, the Developer has prepared and the City has reviewed a detailed tree
preservation plan prepared by McCombs Frank Roos Associates. Inc. , dated
22 October ,2002 ("Plan").
The Developer agrees that the tree preservation measures provided for in the Policy and
in the Plan are the responsibility ofthe Developer, and that the Developer shall also be
responsible for any acts of its subcontractors or agents which are in violation of either
the Policy or the Plan.
As partial security for its obligation under this paragraph 27, the Developer agrees that
prior to the issuance of each building permit, it will provide for two thousand dollars
($2000) in cash or letter of credit per lot to be deposited with the City as security for
such obligation.
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28.) Notices - All notices, certificates and other communications hereunder
shall be sufficiently given and shall be deemed given when mailed by certified mail,
return receipt requested, postage prepaid, with proper address as indicated below. The
City and the Developer by written notice given by one to the other, may designate any
address or addresses to which notices, certificates or other communications to them
shall be sent when required as contemplated by this Agreement. Unless otherwise
provided by the respective parties, all notices, certificates and communications to each
ofthem shall be addressed as follows:
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To the City:
Zoning Administrator
CITY OF SHOREWOOD
5755 Country Club Road
Shorewood, Minnesota 55331
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With a Copy to:
Shorewood City Attorney
c/o Larkin, Hoffman, Daly & Lindgren
LTD
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, MN 55431
To the Developer:
Josh Allen
c/o Elite Services, Inc.
13246 Downey Trail
Apple Valley, MN 55124
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29.) Proof of Title - Developer shall furnish a title opinion or title insurance
commitment addressed to the City guaranteeing that Developer is the fee owner or has a
legal right to become fee owner of the Subject Property upon exercise of certain rights
and to enter upon the same for the purpose of developing the property. Developer
agrees that in the event Developer's ownership in the property should change in any
fashion, except for the normal process of marketing lots, prior to the completion of the
project and the fulfillment of the requirements of this Agreement, Developer shall
forthwith notify the City of such change in ownership. Developer further agrees that all
dedicated streets and utility easements provided to City shall be free and clear of all
liens and encumbrances.
30.) Indemnification - The Developer shall hold the City harmless from and
indemnify the City against any and all liability, damage, loss, and expenses, including
but not limited to reasonable attorneys' fees, arising from or out ofthe Developer's
performance and observance of any obligations, agreements, or covenants under this
Agreement. It is further understood and agreed that the City, the City Council, and the
agents and employees of the City shall not be personally liable or responsible in any
manner to the Developer, the Developer's contractors or subcontractors, materialmen,
laborers, or any other person, firm or corporation whomsoever, for any debt, claim,
demand, damages, actions or causes of action of any kind or character arising out of or
by reason of the execution of this Agreement or the performance and completion of the
work and hnprovements hereunder.
31.) Declaration of Covenants. Conditions and Restrictions - Developer shall
provide a copy of the Declaration of Covenants, Conditions and Restrictions, which
Declaration shall include the City as a signatory thereto, for review and approval by the
City prior to recording.
.
7
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32.) Remedies Upon Default-
.
(01) Assessments. In the event the Developer shall default in the performance
of any of the covenants and agreements herein contained and such default shall
not have been cured within thirty (30) days after receipt by the Developer of
written notice thereof, the City may cause any of the improvements described in
paragraph 2 above to be constructed and installed or may take action to cure
such other default and may cause the entire cost thereof, including all reasonable
engineering, legal and administrative expense incurred by the City to be
recovered as a special assessment under Minnesota Statutes Chapter 429, in
which case the Developer agrees to pay the entire amount of such assessment
within thirty (30) days after its adoption. Developer further agrees that in the
event of its failure to pay in full any such special assessment within the time
prescribed herein, the City shall have a specific lien on all of Developer's real
property within the Subject Property for any amount so unpaid, and the City
shall have the right to foreclose said lien in the manner prescribed for the
foreclosure of mechanic's liens under the laws of the State of Minnesota. In the
event of an emergency, as determined by the City Engineer, the notice
requirements to the Developer prescribed by Minnesota Statutes Chapter 429
shall be and hereby are waived in their entirety, and the Developer shall
reimburse the City for any expense reasonably incurred by the City in remedying
the conditions creating the emergency.
(02) Performance Guaranty. In addition to the foregoing, after notice and
failure to cure, the City may also institute legal action against the Developer or
utilize any cash deposit made or letter of credit delivered hereunder, to collect,
pay, or reimburse the City for:
(a) The cost of completing the construction ofthe improvements
described in paragraph 2 above.
(b) The cost of curing any other default by the Developer in the
performance of any of the covenants and agreements contained
herein.
(c) The cost of reasonable engineering, legal and administrative
expenses incurred by the City in enforcing and administering this
Agreement.
(03) Additional Remedies. Notwithstanding any other remedy available to the
City under this Agreement, the City may elect to proceed under this paragraph to
remedy a violation of Developer's obligations under paragraph 27 hereof.
.
(a)
Upon discovery of an apparent violation of the Plan or Policy, the
City will notify the Developer in writing of the violation. The
notice will contain a description of the circumstances constituting
8
.
the violation, the provision of the Policy or Plan which is
apparently violated, the steps which must be taken to correct the
violation and the date by which the compliance must occur.
(b)
If compliance has not occurred within such time, or if the
violation, by virtue of its repeated nature, seriousness or other
factors are such that a penalty may be appropriate, the matter will
be scheduled for a hearing by the City Council at a meeting not
sooner than ten (10) days following the date on which written
notice is mailed to the Developer.
(c)
Following the hearing, the Council shall render its decision in
writing. If the Council determines that the Plan or Policy has
been violated, (whether or not the violation has been corrected) it
may take some or all of the following actions:
(i) impose a monetary penalty of not more than $1000 for each
violation.
.
(ii) order that the Developer stop work on all construction for
which building permits have been issued; and withhold the
issuance of additional building permits until it has received
assurances satisfactory to the City that no future violations of the
Plan or Policy are likely to occur.
(iii) take any other actions or enforce any other remedies
available to it under this Agreement, the Policy or the City Code.
(03) Legal Proceedings. In addition to the foregoing, the City may institute
any proper action or proceeding at law or at equity to abate violations of this
Agreement, or to prevent use or occupancy of the proposed dwellings.
33.) Headings - Headings at the beginning of paragraphs hereof are for
convenience of reference, shall not be considered a part of the text of this Agreement,
and shall not influence its construction.
34.) Severability - In the event any provisions of this Agreement shall be held
invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding
shall not invalidate or render unenforceable any other provision hereof, and the
remaining provisions shall not in any way be affected or impaired thereby.
35.) Execution of Counterparts - This Agreement may be simultaneously
executed in several counterparts, each of which shall be an original, and all of which
shall constitute but one and the same instrument.
.
36.) Construction - This Agreement shall be construed in accordance with the
laws of the State of Minnesota.
9
.
37.) Successors and Assigns - It is agreed by and between the parties hereto
that the Agreement herein contained shall be binding upon and inure to the benefit of
their respective legal representatives, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year first above written.
DEVELOPER
CITY OF SHOREWOOD
ELITE SERVICES, INC
tL{J
By: ~
Its:Presi nt
By:
Its: Mayor
ATTEST:
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this q tfl day of ~lJ.;n~ ,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 said
corporation.
.
.
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
~uht f a-'(tt!h8<1 It l'
Notary Public
JEAN M. PANCHYSHYN
NOTARY ptWC
MINNE8Ot'
My Ccmn/8IlOn Explree Jst. 81._
10
.
.
.
~J,
he foregoing instrument was acknowledged before me this /1 - day of
,2003, by Joshua Christopher Allen, the President of Elite Services,
Inc., Minnesota corporation.
THIS INSTRUMENT WAS DRAFTED BY:
Shorewood Planning Department
EDITED BY:
Larkin, Hoffman, Daly & Lindgren, LTD.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, MN 55431
(TJK)
\M~
Notary Public
11
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LEGAL DESCRIPTION:
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