01-022CITY OF SHOREWOOD
• RESOLUTION NO. 01-022
A RESOLUTION APPROVING THE FINAL PLAT OF
MANITOU WOODS
WHEREAS, the final plat of Manitou Woods 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:
1. That the plat of Manitou Woods is hereby approved.
2. That the approval is specifically conditioned upon the following terms and
conditions:
• a. Development of the site shall include the construction of four guest parking spaces and
an adequate turn -around, as shown on Exhibit A, attached hereto and made a part
hereof.
b. Plans for sewer and water utilities are subject to review and approval by the City
Engineer.
c. Separate sewer and water services will be provided for each dwelling unit.
d. Development of the lots is subject to the requirements of Section 1201.03 Subd. 16 of
the Shorewood City Code, as may be amended and the Development Agreement for
Manitou Woods, attached hereto as Attachment I and made a part hereof.
e. The Developer shall submit a landscape plan including tree preservation measures, tree
replacement, foundation plantings and screening along County Road 19. The
landscape plan is subject to review and approval by the Planning Director.
Landscaping must be provided prior to issuance of certificates of occupancy for any of
the units.
f. The Developer shall record the Development Agreement (Attachment I) and the
Declaration of Covenants, Conditions and Restrictions, attached hereto as Attachment
• II, and made a part hereof, with the Hennepin County Recorder.
• 3. That the Mayor and City Administrator/Clerk are authorized to execute the
Certificate of Approval for the plat on behalf of the City Council.
•
4. That the final plat, together with this resolution, the Development Agreement
shown as Attachment I, and the Declaration of Covenants, Conditions and Restrictions for
Manitou Woods Home Owners Association shown as Attachment II, 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 OF SHO WOOD this 26th day of
March, 2001.
WOODY LOVE, MAYOR
ATTEST:
CRAICvff. DAWSON, CITY ADMINISTRATOR/CLERK
2
•
1-1
JI
MANITOU WOODS
•MANITOU 60 OF LOT 24
AUDITOR'S
IM15 PLAN WAS PREPARED
1A I ME OR UNDER My DIRECT SUPERVISION AND THAT
I . A DULY REgOF ED PROFESSIONAL ENgNEER
UNDER THE LAWS of THE STATE of WNNESOTA Roger A. Anderson & Associates, Inc.
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C I Y I L N N 0 I N C C R I N 0 C O M a U L T A N Ta
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Exhibit A
•
CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
MANITOU WOODS
THIS AGREEMENT, made this SAday of April 2001, by and between the CITY OF
SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the "City," and
Manitou Woods, LLC, a Minnesota Limited Liability Corporation, hereinafter referred to as the
"Developer."
WHEREAS, the Developer is the fee owner 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 two, two-family
base lots and four unit lots; and
WHEREAS, the Developer has made application with the Zoning Administrator for a
Conditional Use permit for a PUD and submitted a Concept Plan and Development Stage Plan
for the property, which matters were considered by the City Planning Commission at a Public
• Hearing held on 1 August 2000; and
WHEREAS, upon recommendation of the City Planning Commission, the City Council
did consider and grant Preliminary Plat approval as set forth in Resolution 00-086;
is
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 Resolution 00-086, incorporated herein
as Exhibit B.
2.) Improvements - In accordance with the preliminary and final plats of the
Subdivision, the City's approval thereof, and applicable standards and ordinances of the City, the
following described improvements (the "Improvements") shall be constructed and installed on
the terms and conditions hereinafter contained:
(01) Private street grading, graveling and stabilizing, including constructing and
sodding of berms, swales, and boulevards and planting of trees on boulevards ("Private
Street Improvements");
1.
A+f. I.
(02) Permanent private street surfacing, including curbs, gutters and driveway
approaches ("Permanent Private Street Improvements");
(03) Storm sewers, when determined to be necessary by the City, including all
necessary catch basins, ditches, inlets, retention areas and other appurtenances ("Storm
Sewer Improvements");
(04) Sanitary sewer laterals or extensions, including all necessary building services
and other appurtenances ("Sanitary Sewer Improvements");
(05) Water main laterals or extensions, including all necessary building services,
hydrants, valves and other appurtenances ("Water Main Improvements");
(06) Required tree preservation, reforestation and landscaping, including individual
unit lots ("Landscaping Improvements").
3.) Installation of Improvements - Improvements referenced in 2.) above are to be
installed at Developer's expense by the Developer as hereinafter provided.
4.) Completion Date - All required Improvements shall be completed not later than
1 November 2001.
5.) Final Plan, Gradin3z, Drainage and Utility Plan, Building Plan - The Developer
has filed with the City Clerk the final plat titled Manitou Woods for the development of the
• Subject Property. Said plat is attached hereto and made a part hereof as Exhibit C. Said final
plat, together with the Grading, Drainage, and Utility Plan, the Twinhome Building Plans, and
the Landscape Plan, all of which plans are on file at the Shorewood City Offices, and this
Development Agreement, is herewith adopted and approved by the City as the Developer's final
plan for development of the property.
6.) 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.
7.) Standards of Construction - Developer agrees that all of the Improvements set
forth in 2.) above, shall equal or exceed City standards, 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.
8.) 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 City standards and specifications, and shall be
0 2.
subject to the inspection and approval of the City. 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 satisfaction
and approval of the City at the cost and expense of Developer.
9.) 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.) shall be
performed to be completed by 1 November 2001. 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.
10.) As -Built Plan - Within sixty (60) days after the completion of construction of
the Plan B Improvements, the City shall cause its engineer to prepare a full set of "as -built" plans,
including a mylar original and two (2) black line prints, showing the location of said
Improvements within the plat.
11.) Easements - Developer, at its expense, shall acquire all easements, if any, from
abutting property owners necessary to the installation of the sanitary sewer, storm sewer, surface
water drainage facilities and watermains within the plat, and thereafter promptly assign said
easements to the City.
12.) Pre-existing Drain Tile - All preexisting drain tile disturbed by Developer
during construction shall be restored by Developer.
13.) Staking, Surveying and Inspection - It is agreed that the Developer, through his
engineer, shall provide for all staking and surveying for the required Improvements. In order to
ensure that the completed improvements conform to the approved plans and specifications, the
City will provide for resident inspection as determined necessary by the City Engineer.
14.) 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 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 adjoining the plat free of all dirt and
debris resulting from construction therein by the Developer, its agents or assignees.
15.) Access to Residences - Developer shall provide reasonable access, including
temporary grading and graveling, to all residences affected by construction until the streets are
approved by the City Engineer, pursuant to paragraph 7.) hereof.
16.) Occupancy Permits - The City shall not issue a permanent certificate of
is 3.
•
occupancy until the first lift of bituminous surfacing has been installed on the road serving the
units for which a certificate of occupancy is requested.
17.) Final Inspection - 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.
18.) 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.
19.) Required Landscaping - The Developer shall provide a letter of credit, or cash
escrow for the purpose of assuring that required tree preservation, reforestation and landscaping
shall be constructed and installed according to the approved Tree Preservation and Landscape
Plan on file at the Shorewood City offices.
Landscaping associated with individual unit lots shall be constructed and installed prior to
issuance of certificates of occupancy for said unit lots. If required unit lot landscaping has not
been completed at the time of occupancy, the Developer shall escrow $1200 per unit to ensure
that the required landscaping shall be installed within eight months.
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 this
Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be
made within thirty (30) days of the date of mailing of the 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 of this
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.
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 shall pay all
claims for work done and materials and supplies furnished for the performance of this
Agreement, the Developer agrees to furnish to the City a cash deposit or Irrevocable Letter of
Credit approved by the City in an amount equal to 150% of the total cost of said Improvements
0 9.
Credit approved by the City in an amount equal to 150% of the 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 until completion and approval of the required improvements.
23.) Insurance - The Developer shall take out and maintain during the life of this
agreement 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
of its 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 $1,000,000.00.
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.
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, its contractors and subcontractors from claims arising under the workers'
compensation laws of the State of Minnesota.
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, said laws existing during the period of construction, and shall secure all permits that
may be required by, but not limited to, the City of Shorewood, the State of Minnesota, the
Minnehaha Creek Watershed District, the Minnesota Department of Health, the Hennepin
County Transportation Department, and the Metropolitan Waste Control Commission before
commencing development of the plat.
25.) Sewer Charges - Pursuant to Shorewood City a Code $1200 per unit fee for local
sanitary sewer access charges (LSSAC) is required to be paid prior to release of the final plat.
Accordingly, the Developer shall pay LSSAC in the total amount of four thousand eight hundred
($4800).
26.) Park Fund Payment - Pursuant to Shorewood City Code a $1500 per unit fee
park dedication fee is required to be paid prior to release of the final plat. Accordingly, the
Developer shall pay park dedication fees in the total amount of six thousand dollars ($6000).
27.) Municipal Water Charges - Pursuant to Shorewood City Code a $7500
municipal water connection charge is required to be paid for each unit. The Developer has
requested, and the City hereby agrees, to pay one half of the connection charges prior to release
of the final plat. The remaining $3750 per unit will be paid upon application for building
permits.
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
0 5.
notices, certificates and communications to each of them shall be addressed as follows:
. To the City: City Administrator
CITY OF SHOREWOOD
5755 Country Club Road
Shorewood, MN 55331
With a Copy to: Shorewood City Attorney
c/o LARKIN, HOFFMAN, DALY & LINDGREN,
Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Minneapolis, MN 55431
To the Developer: Roger Anderson, Manager
Manitou Woods, LLC
13400 15'h Avenue No., Suite B
Plymouth, MN 55441
29.) Proof of Title - Developer shall furnish a title opinion or title insurance
commitment addressed to the City demonstrating 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 drainage 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 of the 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 Improvements hereunder.
31.) Declaration of Covenants. Conditions and Restrictions — Developer has provided
a copy of the Declaration of Covenants, Conditions and Restrictions for Manitou Woods. Said
Declaration shall include the City as a signatory thereto.
0 6.
• The Developer agrees to incorporate the following provision in the Declaration:
(01) Private Road. It is understood that the private streets within the plat shall be
maintained by the Developer or his successors in interest, including the appropriate
homeowner's association and will not be accepted or maintained by the City.
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 incurred by the City in remedying the conditions
creating the emergency.
(02) Performance Guaranty. In addition to the foregoing, 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 of the improvements described
in paragraphs 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) 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.
• 7.
• 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.
•
0
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.
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:
Manitou Woods, LLC
By: k
Its: anager
0.3
CITY:
By:
Its: Mayor
•
•
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this day of , 2001, before me, a Notary Public within and for said
County, personally appeared Woody Love and Craig W. 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
B }, ., R U N
N�f� 4 y L^Iic
Expires �
Minnetsofa
n�
1, 31 /2005
My Comm,'�c
The foregoing instrument was acknowledged before me this '5+ day of
%1+ , 2001, by Roger A. Anderson, Manager of Manitou Woods LLC.
THIS INSTRUMENT WAS DRAFTED BY
The Shorewood Planning Department; and
REVIEWED BY:
Larkin, Hoffman, Daly & Lindgren, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Minneapolis, Minnesota 55431
(TJK)
a
Notary Public
N i. PANCHYS9IYNOTARYRIBLIC
E
MINNESOTA
CmvrAWmE)*mJxL31,2008
•
Legal Description of property:
"All that part of Lot 24, "Manitou Glen," described as follows:
Beginning at the southeast corner of said lot 24; thence west along the south line of said lot
24, a distance of 250 feet; thence north at right angles to the last described course, a distance
of 223.9 feet; thence east at right angles to last described course, a distance of 153.75 feet to
the northeasterly line of said lot 24; thence southeasterly along said northeasterly line of lot
24, 250 feet to the point of beginning."
0 P.I.N. 33-117-23-12-0032
•
Exhibit A
CITY OF SHOREWOOD
RESOLUTION NO. 00-086
• A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR
MANITOU WOODS
WHEREAS, Roger Anderson (Applicant) has an interest in certain land within the City
of Shorewood and has applied to the Council for preliminary approval of a plat to be known as
Manitou Woods; and
WHEREAS, the Applicant's request has been reviewed by the City Planner and his
recommendations have been duly set forth in a Memorandum to the Planning Commission, dated
27 July 2000, which Memorandum is on file at City Hall; and
WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on
1 August 2000, for which notice was was
published and all adjacent property owners duly
notified.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That the Applicant's request for preliminary plat approval of Manitou Woods is
hereby approved.
2. That such approval is subject to the recommendations set forth in the City
Planner's Memorandum, dated 27 July 2000 and the terms and conditions contained in the
minutes of the Planning Commission meeting of 1 August 2000 on file at City Hall.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this I lth day of
September, 2000.
2
ATTEST:
BRADLEY J. EN
•
WOODY LOVE, MAYOR
Exhibit B
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Exhibit C
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Manitou Woods Home Owners Association
Declaration of Covenants
Common Interest Community No.
CONDOMINIUM
March 26, 2001
DECLARATION
OF COVENANTS CONDITIONS AND RESTRICTIONS
FOR
MANITOU WOODS HOME OWNERS ASSOCIATION
1 of 25
THIS DECLARATION, Made as of the 26th day of March, 2001, by MANITOU WOODS,
LLC (Hereafter referred to as the "Declarant");
WITNESSETH:
WHEREAS, Declarant is the owner of the real property described on Exhibit A
attached hereto and by this reference incorporated herein for all purposes, and desires
to create thereon a residential community for the pleasure, recreation and general
benefits of the residents of said community; and,
WHEREAS, Declarant desires to provide for the preservation of the values and
amenities in said community and to this end desires to subject the real property
described on Exhibit A, together with such additions as may hereafter be made thereto,
as provided in Article Il, to the covenants, restrictions, easements, charges and liens
hereinafter set forth, each and. all of which is and are for the benefit of said real
property and each owner thereof; and,
WHEREAS, Declarant has deemed it desirable for the pleasure and recreation of
said community and for the efficient preservation of the values and amenities in said
community to create an agency to receive the power to attend to and effectuate policies
and programs that will enhance the pleasure and value of said community, and
maintain, administer and enforce the covenants and restrictions and collect and
disburse the assessments and charges hereinafter created; and,
WHEREAS, Declarant has incorporated, under Chapter 317A of the laws of the
• State of Minnesota, the Manitou Woods Home Owners Association for the purpose of
exercising the functions as aforesaid.
Y:\docs 9500 - 9700 + misc\9644\H0A\fina1 hoa w city 63020.doc A*+"my'rt
Manitou Woods Home Owners Association
Declaration of Covenants
2 of 25
• NOW, THEREFORE, in consideration of the foregoing premises the Declarant
hereby declares that the real property described on Exhibit A and such additions thereto
as may hereafter be made pursuant to Article II hereof is, and shall be held, transferred,
sold, conveyed and occupied subject to the conditions, restrictions, easements, charges
and liens hereinafter set forth, which covenants and restrictions shall run with the real
property described on Exhibit A and any additional property annexed thereto pursuant
to the provisions set forth in Article Il, and be binding on all parties having any rights,
title or interest in the hereinafter described properties or any part thereof, their heirs,
successors and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE 1
Definitions
1. Definitions: The following words, when used in this Declaration, shall have the
following meanings:
1.1 "Association" shall mean and refer to Manitou Woods Home Owners
Association, a nonprofit corporation organized and existing under the laws of the
State of Minnesota, its successors and assigns.
1.2 "Common Elements" shall have the meaning established in Minnesota
Statutes Section 515B.1-103(7).
1.2 "Declarant" shall mean and refer to Manitou Woods, LLC and its successors
or assigns if such successors or assigns should acquire more than one
undeveloped Lot from Omega Development, Inc. for the purpose of
development.
1.3 "Developer" shall mean and refer to the Declarant and its successors or
assigns if such successors or assigns should acquire more than one
undeveloped Lot from the Declarant for the purpose of development.
1.4 "Living Unit" shall mean and refer to a residential housing unit consisting of a
group of rooms and hallways and attached garage which are designed and
intended for use as living quarters for one family and located or to be located
upon one Lot.
1.5 "Lot" shall mean and refer to any tract or parcel of land designated as a Lot
shown upon any recorded plat or subdivision map of the Property with the
exception of any tracts or parcels designated as outlets.
1.6 "Member" shall mean and refer to every person or entity who is a record
owner of a fee or undivided fee simple interest in any Lot which is subject by
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covenants of record to assessment by the Association, including, but not limited
to, contract vendors.
1.7 "Mortgage" shall mean and refer to any mortgage or other security instrument
by which a Lot, or any part thereof, or any structure thereon, is encumbered.
1.8 "Mortgagee" shall mean any person or entity named as the mortgagee under
any Mortgage, or any successors or assigns to the interest of such person or
entity under a Mortgage.
1.9 "Owner" shall mean and refer to the record owner, whether one or more
person or entities, of fee simple title to any Lot, including contract sellers, but
excluding any person having such interest merely as security for the performance
of an obligation.
1.10 "Private, Common Driveway" shall mean and refer to access driveways from
public streets to the Living Units
1.11 "Private Yard Area" shall mean and refer to that portion of a Lot not covered
by Living Unit or by a Private Common Driveway.
1.12 "Property " shall mean and refer to all the real property subject to this
Declaration, all of which is more fully described on Exhibit A attached hereto and
by this reference incorporated herein for all purposes, and all additional real
property made subject to this Declaration in accordance with the provisions of
Article II.
ARTICLE II
Scope
2.1 Association Not Subject to a Master Association Pursuant to Minnesota
Statutes Section 515B.2-105(a)(2), the Manitou Woods Home Owners
Association is not subject to a master association.
2.2 Additions to Existing Property. Additional real property may become
subject to this Declaration in the following manner:
(a) Additions in Accordance with General Plan of
Development. The Developer, its successors and assigns, shall have the right,
without the consent of the Members to bring within the scheme of this
Declaration additional real property in future stages of development by December
31, 2002, provided, however, that the Federal Housing Administration and the
Veteran's Administration shall have the right to veto any such future additions in
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the event that either of such agencies determines that any such future additions
is not in accordance with the general plan of development heretofore approved
by each of them
(b) Additions Authorized by Members. Additional residential
property may become subject to this Declaration upon approval of two-thirds
(2/3) of the Members of each class of Association Members.
2.3 Manner of Annexation. Additions authorized under this Article shall be
made by filing a Supplementary Declaration of Covenants, Conditions and
Restrictions with respect to the additional property which shall conform to the
requirements of Minnesota Statutes Section 51513.2-106. After such filing, such
additional property shall be subject to the covenants and restrictions of this
Declaration. Such Supplementary Declaration shall contain such complementary
additions and modifications as of the covenants and restrictions contained in this
Declaration as may be necessary to reflect the different character, if any, of the
added properties and shall not be inconsistent with the scheme of this
Declaration. In no event, however, shall such Supplementary Declaration
revoke, modify or add to the covenants established by this Declaration within the
existing property.
0 ARTICLE III
Lots; Membership and Voting Rights
In the Association
3.1 Lots. The real property described on Exhibit A attached hereto shall
consist of four (4) Lots, each of which shall be restricted to residential use. No
additional Lots may be created by the subdivision or conversion of Lots owned by
the Declarant.
3.2 Membership. Every person or entity who is a record owner of a fee or
undivided fee simple interest in any Lot which is subject by covenants of record
to assessment by the Association, including, but not limited to, contract vendors,
shall be a member of the Association. The foregoing is intended to exclude
persons or entities who hold an interest merely as a security for the performance
of an obligation until such time such person acquires a fee simple interest in such
Lot by foreclosure or by any proceeding in lieu thereof, Membership shall be
appurtenant to and may not be separated from the ownership of any Lot which is
subject to assessment by the Association. Ownership of such Lot shall be the
sole qualification for membership.
• 3.3 Votinq Riqhts. The Association shall not have nor shall it issue any
capital stock and may only have two (2) classes of voting membership:
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a Class A. Class A members sh
all hall be all those Owners as
defined in Section 1.9, with the exception of the Declarant. Each class A
member shall be entitled to one (1) vote for each Lot in which he holds the
interest required for membership by Section 3.1. When more than one person
holds such interest in any Lot, all such persons shall be Members. The vote for
such Lot shall be exercised as they, among them shall determine, but in no event
shall more than one (1) vote be cast with respect to any Lot.
(b) Class B. The Declarant shall be the sole Class B
member and shall be entitled to three (3) votes for each Lot owned. Class B
membership shall cease and be converted to the Class A membership upon the
occurrence of the first of the following events:
(i) When the total number of votes outstanding in
Class A membership equal or exceed the total
number of votes outstanding in the Class B
membership; or
(ii) On December 31, 2003
3.4 Suspension of Voting Rights. The right of any Member to vote and the
right of any Member, his family or guest to use any recreational facilities that may
be acquired by the Association shall be suspended during any period in which
such Member shall be in default in the payment of any assessment levied by the
Association, Such rights may also be suspended after notice and hearing, for a
period not to exceed sixty (60) days for any infraction of any rule or regulations
published by the Association.
3.5 City Approval Required. The City of Shorewood shall have the authority
and right to approve any amendments, changes or revisions to Articles II, III, V,
VII, IX and X of these covenants. Approval for changes shall be obtained in
writing from the City, using the appropriate application for City Review, as
directed by the City Administration. Changes will require the signature of the
Mayor.
ARTICLE IV
Common Elements; Covenant for Maintenance Assessments
4.1 Allocation of Interests in Common Elements. To each Lot owned
within the Property, an equal undivided interest in the Common Elements shall
be allocated.
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4.2 Creation of Lien and Personal Obligation of Assessments. The
Declarant, for each Lot owned within the Property, hereby covenants, and each
Owner of any Lot by acceptance of a deed thereof, whether or not it shall be so
expressed in any such Deed or other conveyance, shall be and hereby is
deemed to covenant and agree to pay to the Association:
(a) General annual assessments or charges, and,
(b) Special assessments for capital improvements,
Such assessments to be established and collected from time to time as
hereinafter provided. The general annual and special assessments, together
with such interest thereon and costs of collection thereof as hereinafter provided,
shall be a charge on each such Lot and shall be a continuing lien on each such
Lot against which each such assessment is made. Each such assessment,
together with such interest thereon and all costs of collection thereof, as
hereinafter Provided, shall also be the personal obligation of each person who
was the Owner of each such Lot at the time when the assessment fell due. The
personal obligation for delinquent assessments shall not pass to such Owners
successors in title unless expressly assumed by them. All such assessments
shall be fixed, established and collected from time to time in the manner provided
in this Article.
4.3 Purpose of Assessments. The assessments levied by the
Association shall be used exclusively for the purpose of promoting the pleasure,
health, safety and welfare of the residents of the Property and, in particular, for
the maintenance of the Property, services and facilities devoted to this purpose
and related to the use and enjoyment of the improvements erected upon each
Lot.
4.4. Maximum Annual Assessments. The amount of the maximum
annual assessments shall be determined by the Board of Directors as hereinafter
provided but subject, however, to the following restrictions:
(a) Until January 1 of the year immediately following the conveyance of
the first Lot by the Developer to an Owner, the Maximum annual
general assessment shall be $2,100.00.
(b) From and after January 1 of the year immediately following the year
of the conveyance of the first Lot by the Developer to an Owner, the
maximum annual general assessment may be increased each year
in an amount not to exceed the greater of:
(i) five percent (5%) above the maximum annual general
. assessment for the previous year; or
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ii the actual percentage increase over the most recent twelve
() P 9
(12) month period in the Minneapolis -St. Paul Ail Items
Consumer Price Index for All Urban Consumers, CPI "U",
1967=100, (hereinafter referred to as the "CPI").
If publication of the CPI shall be discontinued, the Association's
members shall thereafter accept comparable statistics on the cost
of living for Minneapolis -St. Paul, as they shall be computed and
published by an agency of the United States or by a responsible
financial institution selected by the Association's Board of Directors.
(c) The maximum annual general assessment may be increased
above such amounts established in paragraph (b) herein above by
vote of two-thirds (2/3) of each class of members who are voting in
person or by proxy at a meeting duly called for such purpose.
(d) The Board of Directors of the Association may, after consideration
of the current assessment costs and future need of the Association,
fix the actual assessment for any year at any lesser amount.
4.5 Special assessments For Capital Improvements. In addition to the
• general annual assessments authorized by Section 4.3, the association may
levy, in any assessment year, a special assessment applicable to that year only
for the purpose of defraying in whole or in part the cost of any construction or
reconstruction, unexpected repair or replacement of a capital improvement;
provided, however, that any such assessment shall require the assent of two-
thirds (2/3) of the votes of each class of Members who are voting in person or by
proxy at a meeting duly called for lilts purpose.
4.6 Notice of Meetings; Written notice of any meeting called for the
purpose of taking any action authorized under Section 4.3 or 4.4 shall be sent to
all Members, and to any Mortgagee who shall request such notice in writing, no
less than Thirty (30) days no more than sixty (60) days in advance of such
meeting. At the first such meeting called, the presence of Members or of proxies
entitled to cast sixty (60%) percent of all votes shall constitute a quorum. If the
required quorum is not present, another meeting may be called subject to the
same notice requirement, and the required quorum at the subsequent meeting
shall be one-half (1/2) of the required quorum at the preceding meeting. No such
subsequent meeting shall be held later than sixty (60) days following the
preceding meeting.
4.7. Uniform Rate of Assessment. Both general annual and special
assessments must be fixed at a uniform rate for all Lots; and such uniform rate
may not be changed or altered without the prior written consent of all Mortgagees
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having a first lien on each Lot; provided, however, that any Lots owned by the
Developer shall be assessed an amount equal to one-fourth (1/4) of the amount
assessed against Lots owned by persons other than the Developer; provided,
further, that notwithstanding anything set forth in the preceding clause to the
contrary, a Lot owned by the Developer shall be assessed on the same basis as
a Lot owned by any person other than the Developer from and after the time that
a building constructed upon such Lot is (a) used by the Developer as a model for
regular public inspection, (b) finally inspected by the United States Department of
Housing and Urban Development or Federal Housing Administration, or (c)
occupied by a tenant of the Developer as a residential dwelling.
4.8 Date of Commencement of Annual Assessments; Due Dates. The
annual assessments provided for herein shall commence as to all Lots on the
first day of the calendar month following the conveyance or a Lot to an Owner. In
addition, in the event that additional properties are subsequently brought within
the scope of this Declaration by the Developer in accordance with the general
plan of development pursuant to Section 2. (A), annual assessments shall
commence as to all Lots within such additional properties on the first day of the
calendar month following the conveyance of the first Lot therein by the Developer
to an Owner. In the event that the annual assessments, with respect to any Lot,
shall commence during any calendar year on any day other than January 1, the
amount of such assessments payable for such year shall be that proportion of
the full amount applicable to the entire calendar year which the number of
remaining full calendar months in such year bears to the number twelve. All
assessments, both general and special may be collected on a monthly, or other
periodic basis, and with such due dates as the Board of Directors may determine
and establish.
4.9 Duties of the Board of Directors. The Board of Directors of the
Association shall fix the date of commencement, and the amount of the
assessment against each Lot for each annual assessment period at least thirty
(30) days in advance of such date of commencement of such period and shall at
that time prepare a roll of the properties and assessments applicable thereto
which shall -be kept in the office of the Association and shall be open to
inspection by any Owner. Written notice of every assessment shall thereafter be
sent to each Owner subject to such assessments. The Association shall, upon
demand and upon the payment of a reasonable charge, furnish a written
certificate signed by an officer of the Association setting forth whether or not
assessments upon particular Lots have been. paid. Such Certificate shall be
conclusive evidence of payment of any assessments therein stated to have been
paid.
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0 4.10 Effect of Nonpayment of Assessment: the Personal Obligation of the
Owner; the Lien: Remedies of Association.
(a) If any assessment is not paid on the date when due then such
assessment shall become delinquent and shall, together with such interest
thereon and costs of collection thereof, as hereinafter provided, thereupon
become a continuing lien on such Lot or Lots which shall bind such Lot or Lots in
the hands of the then Owner, his heirs, devisees, personal representatives and
assigns. The personal obligation of the then Owner to pay such assessment,
however, shall remain his personal obligation and shall not pass to his
successors in title unless expressly assumed by them. Such lien shall run in
favor of the Association and shall be superior to all other liens and
encumbrances on such Lot except for the following:
(i) Liens for general real estate taxes and special assessments
levied by any governmental authority; and,
(ii) The lien of any first mortgage as provided in Section 4.10
hereof.
(b) All other liens acquiring liens on any Lot after this Declaration shall
have been recorded and whose liens shall also have been recorded, shall be
deemed to consent that their liens shall be and remain inferior to future liens
provided for herein whether or not such consent has been expresses in the
instruments creating their liens.
(c) To evidence a lien for sums assessed pursuant to the Article, the
Association may prepare a written notice of lien setting forth the amount of the
assessment, the date due, the amount remaining unpaid, the names of the
Owner of the Lot and a description of the Lot and file or record the same, but
such notice of lien shall not be recorded until such assessment as been wholly or
partially unpaid for at least thirty (30) days from the due date. Such lien may be
enforced and foreclosed either by judicial foreclosure by the Association in the
same manner in which mortgages on real property may be foreclosed in
Minnesota or by foreclosing the lien in the manner prescribed by Minnesota
Statutes for the foreclosure of a mechanic's lien. Each Owner, by acceptance or
a deed for any Lot, does further hereby give full and complete power of sale to
the Association and does consent to a foreclosure of the assessment lien by
advertisement. In the event of any such foreclosure, and in the further event that
the Association shah prevail in any such foreclosure the person personally
obligated to pay the same shall be required to pay all costs of foreclosure
including, but not limited to, reasonable attorneys' fees. All such costs and
expenses shall be further secured by the lien being foreclosed. The person
personally obligated to pay such lien, shall also be required to pay the
Association any assessments against the Lot which shall become due during the
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period of foreclosure. The Association shall have tile right and power to bid at
the foreclosure sale or other legal sale and to acquire, hold, convey, lease, lent,
encumber, use and otherwise deal with the Lot as the Owner thereof. A release
of the notice or lien shall be executed by an officer of the Association and
recorded upon payment of all sums secured by such lien.
(d) Any encumbrancer holding a lien on any Lot may pay, but shall not
be required to pay, any amounts secured by the lien created and authorized by
this Section and, upon payment of such sums. such encumbrancer shall be
subrogated to all rights of the Association with respect to such lein, including, but
not limited to, priority to any other lein or interest in such Lot.
(e) Any assessment not paid within thirty (30) days after the due date
shall bear interest from the due date until paid at the rate of eight percent (8%)
per annum. No Owner may waive or otherwise escape personal, liability for the
assessments provided for herein by abandonment of his Lot. A Suit to recover a
money judgment for such expenses with costs of collection and interest as
provided for herein, shall be maintainable by the Association without foreclosing
or waiving the lien securing the same.
4.11 Subordination of Lien to First Mortgages. The lien of assessments
provided for herein shall be subordinate to the lien of any first Mortgage, and the
sale or transfer of any Lot shall not affect the assessment lien. However, the
sale or transfer of any Lot pursuant to the foreclosure or a first Mortgage, or
pursuant to any other proceeding or arrangement in lieu of such foreclosure,
shall extinguish the lien of such assessments as to installments which became
due prior to the effective date of such sale, transfer or acquisition by the
Mortgagee to the end that no assessment liability shall accrue to an acquiring
Mortgage except with respect to installments of assessments becoming due after
possession has passed to such acquiring Mortgagee, whether such possession
has passed at the termination of any period of redemption or otherwise, and in
the event of the extinguishment of such assessment lien as aforesaid, the entire
amount of such paid assessment shall be reallocated and assessed against, and
payable by the Owners of all other Lots in the Association, exclusive of such
mortgaged Lot.. No such sale, transfer or acquisition of possession shall relieve
an Owner or a Lot from liability for any assessments thereafter becoming due or
from the lien thereof or shall relieve the person personally obligated to pay the
assessments which were levied prior to the transfer of such property from the
personal obligation to pay the same.
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ARTICLE V
Easements
5.1 Easements. In addition to the easements, covenants, restrictions
and conditions of Article VI concerning party walls and of Article VII concerning
architectural and exterior controls, all Living Units and Lots shall be subject to
easements and covenants hereinafter specifically described for the benefit of the
Property or for the limited benefit of specified adjoining Lots, all as more fully set
forth hereinafter in this Article.
5.2 Drivewav Easements. Declarant has, or will by separate declaration,
establish limited private common driveway easements for ingress and egress to
and from each of the Living Units served by such driveways.. Maintenance of
such driveways, as Well as maintenance of the private apron from the common
driveway to a Living Unit, shall be performed by the Association and assessable
against all Lots in the Association as a part of exterior maintenance. (See Exhibit
A, Private Drive Easement Exhibit, attached)
5.3 Private Yard Easements. Except as hereinafter provided, each
Owner shall be fully entitled to the exclusive use and occupancy of the Private
Yard Area in his Lot to the exclusion of all others; provided, however, the
Property generally and all other Owners shall be entitled to a visual easement
over all Private Yard Area, subject to and limited by the original structures
erected thereon by the developer. No Owner shall erect or cause to be erected
airy structure of any sort upon his Lot, or plant any trees or shrubs prior to
obtaining the written approval of the Association in accordance with the
procedure described in Article VII. Except as permitted under the limited
circumstances described in the preceding sentence, all planting, landscaping and
private yard maintenance shall be performed by the Association and the costs
thereof shall be and constitute a portion of the general annual assessment by the
Association upon all Lots in the Property.
5.4 Utility Easements. The Declarant has, or will by separate declaration,
provide easements for utility purposes to and from all Lots in the Property. The
Association or its proper representatives shall have the right of free access to
any Lot or Living Units for the purpose of maintaining any utility service to any Lot
on the Property. The Association shall also have the right to tap onto and
maintain the water line sillcock located on the exterior wall of each Living Unit
and to draw water therefrom for yard maintenance purposes; provided, however,
that if the Association shall draw water from any Living Unit as aforesaid, the
Association shall reimburse the Owner of such Living Unit for all water charges
and fees imposed by the water utility upon the Owner of such Living Unit in
excess of the minimum periodic water charges, if any, during the billing period
when the Association shall have drawn water from such Living Unit. (See Exhibit
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. B, Private Utility Easement Exhibit, attached. Also see recorded plat for public
easements.)
ARTICLE VI
Party Walls
6. 1 General Rules off Law to Apply. Each wall which is built as part of
the original construction of the Living Units upon the Property and placed upon
the dividing line between the Lots shall constitute a party wall and to the extent
not inconsistent with the provisions of this Article, the general rules of law
regarding party walls and of liability for properly damage due to negligence or
willful acts or omissions shall apply thereto.
6.2 Sharing of Repair and Maintenance. The cost of reasonable repair
and maintenance of a party wall shall be shared by the Owners who make use of
the wall in proportion to such use.
6.3 Destruction by Fire or other Casualty. If a party wall is destroyed or
damaged by fire or other casualty, any Owner who has used the wall may restore
it, and if the other Owners thereafter make use of the wall, they shall contribute to
the cost of restoration thereof in proportion to such use without prejudice,
however, to the right of any such Owners to call for a larger contribution from the
others under any rule of law regarding liability for negligent or willful acts or
omissions.
6.4 Weatherproofing. Notwithstanding any other provisions of this
Article, any Owner who, by his negligent or willful act, causes the party wall to be
exposed to the elements shall bear the whole cost of furnishing the necessary
protection against such elements
6.5 Right to Contribution Runs with Land. The right of any Owner to
contribution from any other Owner under this Article shall be appurtenant to the
land and shall pass to such Owner's successors in title.
6.6 Encroachments, If, for whatever reason, a wall intended to be a party
wall is not precisely constructed on the dividing line between two Lots, during the
life of the building containing such wall, the Lot upon which such party wall
encroaches shall be subject to an easement for the life of such building which
shall be in favor of and appurtenant to the other Lot, to the end that for all
purposes of this Declaration, such wall shall be treated as if it were centered
precisely upon the common Lot line.
0 ' 6.7 Arbitration. In the event of any dispute arising concerning a party wall,
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• or under the provisions of this Article, each party shall choose one arbitrator and
such arbitrators shall choose one additional arbitrator and the decision of a
majority of all the arbitrators shall be final and conclusive on the question
involved
ARTICLE VII
Architectural and Exterior Controls
7.1 Architectural Control and Committee Authority; No exterior additions,
removals or alterations (including changes in color or appearance) to any
building on the Property, additional fences, hedges, walls, walkways and other
structures shall be commenced, erected or maintained, except such as are
installed or approved by the Developer in connection with the initial construction
of the buildings on the Property, until the plans and specification showing the
nature, kind, shape, height, materials, location and approximate cost of same
shall have been submitted to and approved in writing as to harmony of the
external design and location in relation to surrounding buildings erected upon the
Property by an architectural committee composed of the Board of Directors of
the association or three (3) or more representatives appointed by the Board of
Directors, No such submission shall be deemed to have been completed until all
of the plans and specifications thereof has been delivered to the applicant. In the
event said Board, or its designated committee, fails to approve or disapprove
such design and location within thirty (30) days after said plans and
specifications have been submitted to it, as evidenced by the dated written
receipt, such approval shall be deemed to have been given. If no application has
been made to the architectural committee or their representatives, or if such
application has been rejected, a suit to enjoin or remove such additions,
alterations, or changes may be instituted at any time by the Association or any
Owner; provided, however, no suit to enjoin or remove such additions, alterations
or changes may be commenced if unapproved improvements having been
completed for a period of ninety (90) days and thereafter a deed to a new owner
is recorded, such improvements having been deemed to have been approved by
the 'architectural committee. None of the members of the architectural
committee shall be entitled to any compensation for their services performed
pursuant to this paragraph, but -compensation may be allowed to independent
professional advisors retained by such committee. Exterior antennae shall not
be placed on any building without the express written approval of the
architectural committee. During the time in which the Association has a Class B
member, all decisions of the architectural committee may be vetoed by the
Developer.
7.2 Exterior Maintenance. In order to preserve the uniform and high
standards or appearance of the Property, the Association shall provide and be
solely responsible forthe maintenance and repair of the exterior of all Living
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Units, and the walks, yard areas and driveways of the Lots which responsibility
shall include, but not be limited to the following: The maintenance and repair of
the exterior surfaces of all buildings on the Property, including, without limitation,
the painting of the same as often as necessary, the replacement of trim and
caulking, the maintenance and repair of roofs, gutters, down spouts and
overhangs, (but excluding all maintenance and repair to glass and other window
surfaces), mowing, trimming, watering and other care of grass, trees, and other
plants, and the maintenance and repair of storm sewers, storm water ponds,
walks, driveway aprons, driveways and walkways, including snow removal
therefrom. The Association shall also maintain that portion of all private service
water and sewer pipelines from the exterior walls of each Living Unit to the paint
at which such service pipelines connect to the lateral water and sewer pipelines
located within the street right of way. All expenditures by the Association for the
above stated purposes shall be uniformly assessed against all Lots in the
Property as provided in Section 4.6 hereof; provided, however, all costs and
expenses of any maintenance or repairs necessitated or caused by willful or
negligent acts of an Owner, the Owner's family, invitees, tenants or vendees shall
be specifically assessed against the Lot of such Owner in the manner provided
herein. All maintenance and repair of individual Living Units and garages shall
be the sole obligation and responsibility and expense of the individual Owners
thereof, except to the extent that the exterior maintenance and repair is provided
by the Association. The Association shall be responsible for all damage done to
the Lots and the improvements thereon in the course of such maintenance and
repair and shall perform or pay for the restoration of and repairs to such
improvements.
ARTICLE Vlll
Insurance and Reconstruction
8.1 Liability Insurance; Fidelity Bonds. The Board of Directors of the
Association, or its duly authorized agent, shall obtain a broad form of public
liability insurance insuring the Association, with such limits of liability as the
Association shall determine to be necessary, against all acts, omissions to act
and negligence of the Association, its employees and agents. The Association's
Board of Directors shall also provide fidelity bonds providing protection to the
Association against loss by reason of acts of fraud or dishonesty on the part of
the Association Directors, managers, officers, employees or volunteers who are
responsible for handling of funds of the Association in an amount sufficient to
provide no less protection than one and one-half (1 '/2) times the estimated
annual operating expenses and reserve of the Association.
8.2 Destruction and Reconstruction. In the event that a building or
buildings containing a Living Unit is partially or totally destroyed and in the further
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• event that a decision is made by the Owners of the Living Units in such building
or buildings whose Living Units are affected by such destruction or casualty to
repair or reconstruct such building or buildings, then such repairs or
reconstruction must be substantially commenced no later than ninety (90) days
following the date upon which such decision has been made by such Owners.
No such reconstruction or repairs shall be commenced without (1) the unanimous
written consent of all the Owners in the buildings whose Living Units are affected
by such destruction or casualty and (2) the written approval of the plans and
specifications of the proposed repairs and reconstruction by the Architectural
Control Committee.
•
8.3 Manner of Reconstruction. On reconstruction, the design, plan and
specifications of any building or Living Unit may vary from that of the original
upon approval of the Architectural Control Committee; provided, however, that
the number of square feet of any Living Unit may not vary by more than 5% from
the number of square feet for such Living Unit as originally constructed, and the
location of the buildings shall be substantially the same as prior to the damage or
destruction. All reconstruction costs and expenses shall be the sole obligation of
the affected Owners only, and shall not be assessed to any other Owners.
ARTICLE IX
Notice to First Mortgagees
9.1 Mortgagee's Rights. Notwithstanding any other provisions of this
Declaration, the Articles of Incorporation or the By -Laws of the Association, the
provisions of this Article IX shall control and in the event of a conflict between the
provisions of this Article and the provisions of such Declaration, Articles, or By -
Laws, the provisions of this Article shall control.
9.2 Notice of Default. Any Mortgagee holding a first mortgage on a Lot,
and who shall have previously filed a written request with the Association, shall
be entitled to written notification of any default by the mortgagor or Owner of
such Lot, or his, or their, heirs, successors, or assigns, in the payment of any
assessments of the performance of any other duties or obligations herein set
forth which shall have remained in default for a period of thirty (30) days or more.
The neglect or failure of the Association to tender such notice to the Mortgagee
shall toll the running of any time limits applicable to the procedure for the
collection of such assessment or remedies available to the Association on
account of such default.
9.3 Consent Required. Without the prior written approval of the Members
entitled to cast seventy-five (75%) percent of the votes of each class of
membership, the Association shall not be entitled to:
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• a B act or omission, seek to abandon, partition,
() Y
subdivide, encumber, sell
or transfer any property, which the Association shall
have acquired for the benefit of the Owners:
(b) Change the method of determining the obligations,
assessments, due or other charges which may be
levied against a Lot;
(c) By act or omission, change, waive or abandon the
scheme of exterior and Architectural controls, exterior
maintenance, maintenance of party walls, or lawn
maintenance as herein above set forth.
ARTICLE X
General Restrictions, Obligations
And Rights of Owners
10.1 Living Unit Restriction. No Living Unit shall be used for
purposes other than as a single family residence, nor shall any garage be used
for or occupied as living or sleeping quarters, nor shall any trade or business of
any kind be carried on within a Living Unit or upon a Lot, nor shall any Lot or any
part thereof be leased, subject, assigned or suffered to be used for hotel or
transient occupancy; provided, however, that none of the following activities shall
be considered to be in violation of these restrictions:
(a) The maintenance of a business and sales office by the
Developer during the construction and sale periods.
(b) The maintenance of an office by the association or its
designated manager for the purposes of management of the Property.
(c) Lease or rental of a Lot for purposes consistent with this
Section; provided, however, that any such lease between an Owner and a lessee
shall (1) be in writing, (2) state that such lease is subject to the restrictions of this
Declaration, any Declaration of Easements applicable to such Lot and the
Articles of Incorporation and By -Laws of the Association and (3) state that the
failure of the lessee to comply with such restriction shall constitute an event of
default under such lease.
(d) Use of a Lot for purposes set forth in a written time share
iagreement and not inconsistent with the provisions of this section.
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Declaration of Covenants
10.2 Prohibition of Damage and Certain Activities. Nothing shall be
done or kept on any Lot or any part thereof (1) to increase the rate of insurance
on any other Lot over what the Owner of such other Lot, but for such activity
would pay, without the prior written consent of the Association, or (2) which
would be in violation of any statute, rule, ordinance, regulation, permit or other
validly imposed requirement of troy governmental body. No damage to, or waste
of, the Property or the buildings situated thereon, shall be committed by any
Owner or any invitee of any Owner and each Owner agrees to indemnify and
hold harmless the Association and the other Owners from and against all loss
resulting from any such damage or waste caused by him or his invitees. No
noxious, destructive or offensive activity shall be allowed on any lot, nor shall
anything be done thereon which may be or may become an annoyance or
nuisance to any other Owner or to any other person at any time lawfully residing
on the Property.
10.3 Animals. No animals, rabbits, livestock, fowl or poultry of any kind
shall be raised, breed or kept in or upon any Lot or any part thereof, except that
the Association may, by regulation, rule or otherwise develop rules for the
keeping of dog, cats or other household pets; provided, however, that no such
pet shall be kept, bred or maintained for any commercial purposes.
10.4 Signs. No signs of any kind shall be displayed to the public view on
any Lot, provided, however, one sign, if not more than five (5) square feet in area
and which may only be placed upon Private Yard Area of a Lot and which shall
not be attached or affixed to a Living Unit, may be used to advertise such Living
Unit for sale or rent; provided, further, the Developer reserves for itself and its
agents, the right to maintain a business and sales office during the construction
and sales period and to place any advertising sign upon the Property during such
period.
10.5 Maintenance of Garages. All garage facilities, as originally erected
by the Developer, shall be retained as and used for a garage facility for the off-
street interior storage of the vehicles and no such facility shall be converted by
construction or usage to any other purpose.
10.6 Parking and Storaae of Motor Homes and Recreational Vehicles. No
motor homes, recreational vehicles, trailers, boats, snowmobiles or other similar
vehicles shall be parked, stored of kept on any Lot unless such vehicle is kept
entirely within the garage facilities as originally erected by the Developer;
provided, however, any such vehicle may be temporarily parked or left
unattended by the Owner, his guests, invitees and visitors wholly or partially
outside of the garage facilities for a reasonable period of time, but not to exceed
forty-eight (48) hours in any thirty (30) day period for each such vehicle.
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10.7 Prohibition Upon Erection of Storage Sheds. No detached storage
structures, including, but not limited to, storage sheds, tool sheds or other
outbuilding whose principal intended use is the storage of goods or materials,
shall be erected, whether temporary or permanently, upon any Lot, except by the
Developer but only in connection with the initial development and sale of the
Property and, all such structures shall be removed by the Developer upon the
completion thereof. Notwithstanding anything to the apparent contrary, the
provisions of this section shall prevail over the provisions of Section 7.1 hereof.
10.8 General Rules and Regulations. By acceptance of any deed or other
conveyance of a Lot, each Owner delegates to the Association the right and
power to adopt, amend, repeal and enforce reasonable rules and regulations, of
general application to all of the Lots in the Properly, relating to the use and
conduct permitted on the Private Yard Area of each Lot. Each Owner expressly
agrees to observe such rules and regulations and to be bound thereby, and to
prevent the breech thereof by the members of such Owner's families, guests,
invitees, lessees, contract for deed purchasers and all other persons lawfully on
such Owner's Lot with the Owner's consent. Notwithstanding the foregoing, any
such rules and regulations must satisfy the following requirements:
(a) All such rules and regulations must be consistent with the object
and purposes of this Declaration and shall be directed at
• protecting the value and desirability of the residential community
to be created on the Property and enhancing the general
welfare of the residents of such community, all as determined by
the Board of Directors of the Association in their sole discretion.
(b) All such rules and regulations may only be directed at activities
occurring on the Private Yard Area of each Lot and may not
restrict the activities of any residents of the community occurring
within each Living Unit.
(c) All such rules and regulations shall be uniformly applicable to
all Lots and all Lots and all persons on the Property.
The Board of Directors of the Association shall have the sole authority to
make, modify and repeal any rules and regulations under this Section 10,8 and
neither the members of the Association nor the members of the Board of
Directors shall be liable to anyone as a result of the adoption, modification,
repeal or enforcement of any rule or regulation made under this Section 10.8 if
such action is taken by the Board of Directors in good faith. Without limiting the
generality of the foregoing, the following subjects shall be proper objects of any
rules and regulations under this Section 10.8:
9 (a) Storage of materials.
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0 (b) Pets.
(c) Use of recreational equipment.
(d) Parking of vehicles.
(e) Garbage collection procedures.
(f) Lawn furniture.
(g) Motor vehicle repairs conducted outside of the garage.
(h) Restrictions on noise
10.9 City Approval Required. Refer to Section IV, Article 3.5 for required
City approvals for changes to these rules and regulations.
ARTICLE XI
General Provisions
• 11.1 Enforcement. The Association or any Owner, shall have the right to
enforce, by a proceeding at law or in equity, all restrictions, conditions,
covenants, reservations, liens and charges now or hereafter imposed by the
provisions of this Declaration including, but not limited to, the collection of all
assessments and the enforcement of all rules and regulations adopted by the
Association under Section 10.8. In the event that the Association should employ
the services of an attorney in connection with a breach of the terms hereof by a
Member, his family, guests, tenants or contract purchasers, or in connection with
the enforcement of the terms hereof, and if the Association shall prevail in any
such action, such member shall pay, in addition to all other sums due, the
Association's reasonable attorneys' fees, costs and expenses. The failure by the
'Association or by any Owner to enforce any covenant or restriction herein
contained shall in no event be deemed a waiver of the right to do- so thereafter.
If these restrictions are enforced by appropriate proceedings by any one or more
of such heretofore described persons, such persons may be reimbursed by the
Association for all or any part of the cost incurred, as the Board of Directors of
the Association shall, in its sole discretion determine.
11.2 Access. Solely for the purpose of performing the maintenance
authorized by this Declaration, the Association through its duly authorized Agents
or employees shall have the right, after reasonable notice to the Owner, to enter
. upon any Lot.
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Declaration of Covenants
•
11.3 Severability. The invalidation of any one of these covenants or
restrictions by legislation, judgment or court order shall in no way affect any other
provision, which shall remain in full force and effect.
11
11.4 Amendments. The provisions of this Declaration may be amended
during the first twenty (20) years by an instrument signed by Members entitled to
cast no less than ninety (90%) percent of the membership votes, subject to the
provisions of Article 3.5 hereof, and thereafter by an instrument signed by
Members entitled to cast no less than seventy-five (75%) percent of such votes.
No amendment shall be effective until it shall have been properly recorded.
11.5 FHANA Approval. As long as there are Class B Members, the
following actions shall require the prior approval of the Federal Housing
Administration or the Veteran's Administration; Annexation of additional
properties and the amendment of this Declaration of Covenants, Conditions and
Restriction.
11.6 Limitation on Declaration, The covenants, restrictions, conditions and
reservation imposed or established by or created under this Declaration shall run
with and bind the Property for a period of thirty (30) years from the date of the
recordation of this Declaration and may be enforced as provided in Section 11.1
herein above. After the expiration or said thirty (30) year period, all of such
covenants, restrictions, conditions and reservations shall automatically continue
to run with and bind tile Property for successive periods often (10) years each
unless revoked, changed or amended in whole or in part, by an instrument
signed by not less than seventy-five (75%) of the Lot Owners. Any amendment
must be recorded.
[Signature Page Follows]
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• IN WITNESS WHEREOF, the undersigned has caused this document to
be executed as of the day and year first above written.
MANITOU WOODS, LLC
By: / t 4
Roger A. Anderson
Manager
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
•
On this /!S-� day of 2001, before me, a Notary
Public, appeared Roger A. Anderson to me personally known, who being by me
duly sworn, did say that he is the Manager of MANITOU WOODS, LLC and that
this instrument was executed on behalf of said company by authority of its Board
of Governors, and the said ROGER A. ANDERSON acknowledged said
instrument to be the free act and deed of said company.
Notary Public
P,
lux
JEAN M. PANCHYSITYN
�"�
NOTARY PUBLIC
MINNESOTA
My CowlssloormiresJa31,2005
STATE OF MINNESOTA )
)Ss.
COUNTY OF HENNEPIN )
CITY OF SHOR 0 D
By:
Its: 40 r
On this VYkay of Nt,m , 2001, before me, a Notary
Public, appeared \-,-1 to me personally known, who
being by me duly sworn, dia say that he is the authorized representative of the
CITY OF SHOREWOOD and that this instrument is the free act and deed of said
city.
Notary Public "'IR'
0 1 l,. t 141
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Manitou Woods Home Owners Association
Declaration of Covenants
• This document was drafted by:
•
•
Manitou Woods, LLC
13400 15th Ave. No., Suite B
Plymouth, MN 55441
22 of 25
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•
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•
Manitou Woods Home Owners Association
Declaration of Covenants
EXHIBIT "A"
PROPERTY DESCRIPTIDN
Lots 1 through 4, inclusive, Block 1;
23 of 25
all in Manitou Woods, according to the plat thereof of record and on file in
the Office of the Registrar of Titles in and for Hennepin County, Minnesota and
all of which is situated in said County.
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