00-057CITY OF SHOREWOOD
RESOLUTION NO. oo-o57
A RESOLUTION APPROVING THE FINAL PLAT OF
SEAMANS ESTATES
WHEREAS, the final plat of Seamans Estates 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 Seamans Estates is hereby approved.
2. That the Mayor and City Clerk are hereby authorized to execute the Certificate of
Approval for the plat and the Development Agreement, attached hereto and made a part hereof,
on behalf of the City Council.
3. That this final plat and the Development Agreement attached hereto shall be filed
and recorded within (thirty) 30 days of the Developer's receipt of this Resolution.
BE IT FURTHER RESOLVED that the execution of the Certificate upon said plat by
the Mayor and City 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 F , HOREWOOD this 12th day of
June, 2000.
ATTEST: WOODY LOVE, MAYOR
BRADLEY J. EN, A ING CITY ADMINISTRATOR
A
• CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
SEAMANS ESTATES
THIS AGREEMENT, made this 28th day of December , 2000, by and
between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter
referred to as the "City", and KIM J. KOEHNEN, hereinafter referred to as the "Developer".
WHEREAS, the Developer is the fee owner of 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, the Developer has made application under the City Subdivision Ordinance
for City Council approval of a single-family residential development plat of the Subject Property,
said plat to contain approximately 5.8 acres divided into four lots, and to be known as Seamans
Estates; and
WHEREAS, the City Council by its Resolution No. 99-106 adopted on 6 December
2000, has approved the preliminary plat of the Subject Property subject to conditions; and
WHEREAS, the Developer has now submitted its final plat for the development of the
. subject property, which plat is attached hereto and made a part hereof as Exhibit B; and
WHEREAS, the City Council by its Resolution No. 00-057 adopted on 12 June 2000,
has approved the final plat of the Subject Property subject to conditions;
NOW, THEREFORE, in consideration of the foregoing premises and acceptance
by the City of the final plat of Seamans Estates, the City and the Developer agree as follows:
1.) 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 of the following improvements:
(01) Stormwater retention pond
2.) 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.
3.) Standards of Construction - Developer agrees that all of the improvements set
forth in paragraph 1 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.
-1-
• 4.) 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
subject to 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.
5.) Schedule of Work - It is understood and agreed that the work shall be performed
in one phase to be completed by 1 June 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.
6.) Stormwater Retention Pond
(01) Plans and Specifications. The Developer agrees to cause its engineers to prepare
all plans and specifications necessary for the construction of the Improvements subject to
the final approval of the City Engineer.
(02) As -Built Plan. Within sixty (60) days after the completion of construction,
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 of
the Improvements 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.
(03) Easements. Developer, at its expense, shall acquire all easements from abutting
property owners necessary to the installation of any surface water drainage facilities
within the plat.
(04) Pre-existing Drain Tile. All pre-existing drain tile disturbed by Developer during
construction shall be restored by Developer.
7.) 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. 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.
8.) 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 adjacent to, the plat free of all dirt and debris
resulting from construction therein by the Developer, its agents or assignees.
WA
• 9.) 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.
10.) Occupancy Permits - The City shall not issue a certificate of occupancy until all
Improvements set forth in paragraph 1 are completed and approved by the City Engineer.
11.) Final Inspection - At the written request of the Developer, and upon completion of
the Improvements set forth in paragraph 1 above, the City Engineer, the contractor, and the
Developer's engineer will make a final inspection of the work to determine that the work has
been done in accordance with City standards.
12.) Sanitary Sewer Services - Sanitary sewer mains are located in Seamans Drive and
Yellowstone Trail and are available to serve the plat. Additional individual lot sewer services
necessary to serve the lots shall be installed by individual building contractors at the time homes
are built on the lots according to the sewer trench excavation design approved by the City
Engineer.
13.) Replacement - 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.
14.) 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.
15.) 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 of the date of mailing of the City's notice of costs to the address set
forth in paragraph 23 below.
16.) 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.
17.) 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 1 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 6(02) and that the Developer pay all claims for
work done and materials and supplies furnished for the performance of this Agreement, the
-3-
• 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% 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 for a period of one year following the completion of the required
improvements. 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 100% of the cost of the
Improvements. At such time as all of the Improvements have been approved by the City, such
deposit or letter of credit may be replaced by a maintenance bond.
18.) 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 their 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 1
above, the Developers 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.
19.) 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, and the Minnehaha Creek Watershed District, before commencing development of
the plat.
20.) 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 $3000 ($1000 each
for Lots 1 - 3) as local sanitary sewer access charges. Credit has been allowed for Lot 4 with the
existing home on it.
21.) 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 $4500 ($1500 each for Lots 1 - 3) for the Park
Fund. Credit has been allowed for Lot 4 with the existing home on it.
22.) Resubdivision As indicated in the preliminary plat for Seamans Estates, Lot 4 is
capable of being subdivided into two lots. Any such future subdivision shall be done by a formal
platting process, using the approved preliminary plat as a resubdivision guide or "ghost plat".
23.) 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
M1
• contemplated by this Agreement. Unless otherwise provided by the respective parties, all notices,
certificates and communications to each of them shall be addressed as follows:
To the City: Zoning Administrator
CITY OF SHOREWOOD
5755 Country Club Road
Shorewood, Minnesota 55331
To the Developer: Kim Koehnen
6115 Seamans Drive
Shorewood, Minnesota 55331
24.) 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 utility easements provided to City shall be free and
clear of all liens and encumbrances.
25.) 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.
26.) 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 1 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
-5-
• 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
paragraph 1 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.
. 27.) 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.
28.) 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.
29.) 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.
30.) Construction - This Agreement shall be construed in accordance with the laws of
the State of Minnesota.
31.) 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.
0
• IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
on the day and year first above written.
DEVELOPER: CITY:
Kim J. Kolnenu Woody Love, Mayor
ATTEST:
Acting City A istrato /Clerk
STATE OF MINNESOTA
SS.
COUNTY OF HENNEPIN
On this day of , 2000, before me, a Notary Public within and
for said County, personally appeared Woody Love and Bradley J. Nielsen to me personally
known, who, being each by me duly sworn, did say that they are respectively the Mayor and
• Acting 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 Acting City Administrator/Clerk
acknowledged said instrument to be the free act and deed of said corporation.
Notary Public
:'` JEAN M. PANCHYSITYN
STATE OF MINNESOTA :� ";
NOTARY PUBLIC
ss. MINNESOTA
COUNTY OF HENNEPIN -° ►c 9y Cwr nWm E*m Jan. Si, 2M N IM1NN`
On this � 94K day of u e►"^ be i' , 2000, before me, within and for said County,
personally appeared Kim J. Koehnen, the Developer, described in and who executed the
foregoing instrument and acknowledged that it executed the same as its free act and deed.
,ems
Notar Public =� ° . z JEAN M, PANCHYSITYN
NOTARY PUBLIC
d�J= MINNESOTA
'MuLiYA•N`
THIS INSTRUMENT WAS DRAFTED BY: EDITED B MYCoJ -'
Shorewood Planning Department Larkin, Hoffman, Daly & Lindgren, Ltd.
• 1500 Norwest Financial Center
7900 Xerxes Avenue South
Minneapolis, Minnesota 55431 (TJK)
-7-
•
Legal Description:
A11•of Lot 24 of MEEKERS OUTLOTS TO EXCELSIOR'S
Al'l of Lot 25 of rfMERKFRS OUTLOTS TO EXCELSIOR" excepting therefrom the following two
parcels;
Beginning at the northeast corner.of said Lot 25; thence N 890 561 04" W.(assuined .bearing)
along,the north line thereof a distance of 130,89 feet; thence S 410 00' 02" F to the south
line of said Lot'25; thence easterly along said line to the southeast.corner; thence
northerly along the east line of said Lot 25 to the point of beginning.
Commencing at the -Northwest corner of Lot 25; thence Fast along the North line of said
Lot., 120 feet; thence South at.right angles 24 feet to the point of beginning; thence
continuing South on aforementioned line to the North right of way line of Minnesota
Highway No,' 7; thence Westerly along said Northerly right of way line to the West line
of Lot 25; thence -North along said West line to a point which is 24 feet South of and.at
• right angles to the North line of said Lot 25; thence East to the.point of beginning.
Lot 721 AUDITORS SUBDIVISION NO. 133) Hennepin County, Minnesota excepting there-
from the following;
That part of Lot 72., lying North of a line drawn from a point in the West line of said
Lot 72 distant 130 feet Southerly of the Northwest corner thereof to a point in the East
line of said Lot 72 distant 130 feet Southerly of the Northeast corner thereo_f, according
to the recorded plat thereof., and situate in Hennepin County, Minnesota,
Exhibit A
�3
i I8
O
U a }i3 vi
:s
d
a -�a
6
•r"
I
�
r
bb 3� bb bEa
62-a' e 8
S;asu aC "
SIN I
88p•2� e§
ai.xsg ��
s }.s bs ta"s
W
d�
�Ss
II g�i •II9+
3 s-a8 :E•
�"j .�
� a
as a
Q
a =1�313 6
P. i
C/'W
o.
a, D gas"ss Uff
3
;d3
u
d t9 5SI i ti+
ie.
Sp a a}Ap
''3$
Z
_;_•:s
Dad} 3gR3
�fa�
II?a
Q
aaYr
i � 3�3: ���=s•� 3
ag�
es4
• 3�CS }�8�3} r�}"Y
9�:
g
R11
d}} r'
I
8
8
i4
33
Exhibit B