98-103
.
.
.
CITY OF SHOREWOOD
RESOLUTION NO. 98 _ 103
A RESOLUTION AMENDING DEVELOPMENT AGREEMENT
FOR R BOWMAN SECOND ADDITION
WHEREAS, the final plat of R Bowman Second Addition was approved by the
City Council on the 10th day of October, 1994; and
WHEREAS, the City required the developer of R Bowman Second Addition to enter
into a Development Agreement entitled Cities of Shorewood and Deephaven Development
Agreement R Bowman Second Addition, made as of the 12th day of April, 1995 by and between
the City of Shorewood, the City of Deephaven, and Richard A. Bowman as the Developer; and
WHEREAS, the Development Agreement contains a condition in paragraph 4 that until
such time as Outlot A is replatted Outlot A is not to be transferred or conveyed separately from
Lot 1, Block 1, R Bowman Addition, and Lot 1, Block 1, R Bowman Second Addition shall not
be transferred or conveyed separately from Outlot A;
WHEREAS, the reference to Lot 1, Block 1, R Bowman Second Addition is in error
and should have been reference to "R. Bowman Addition" instead; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood
as follows:
1. That paragraph 4 of the Developer's Agreement referred to above is hereby
amended by deleting the phrase "R Bowman Second Addition" in the fourth line of
paragraph 4 and replacing it with the phrase: "R. Bowman Addition."
2. That the Mayor and City Clerk are hereby authorized to execute the attached
revised Development Agreement on behalf of the City Council.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd
day of November, 1998.
ATTEST:
.
.
.
CITIES OF SHOREWOOD AND DEEPHA YEN
DEVELOPMENT AGREEMENT
R BOWMAN SECOND ADDITION
THIS AGREEMENT, is made as of the Ith day of April 1995, by and between the CITY
OF SHOREWOOD, hereinafter referred to as "Shorewood," the CITY OF DEEPHA YEN,
hereinafter referred to as "Deephaven," each a Minnesota municipal corporation, and RICHARD A.
BOWMAN, a single person, hereinafter referred to as the "Developer."
WHEREAS, the Developer is the fee owner of Outlot A, R Bowman Second Addition and
Lot 1, Block 1, R. Bowman Addition and the developer of certain lands (including those aforesaid
mentioned) 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 Subject Property is located partially within the City of Shorewood and
partially within the City of Deephaven; and
WHEREAS, the Developer has made application under the Shorewood and Deephaven
Subdivision Ordinance for City Council approval of a single-family residential development plat of
the Subject Property, said plat to contain approximately 2.5 acres divided into one (l) lot in the
Shorewood portion and 9.18 acres divided into one (1) lot, one outlot in the Deephaven portion and
one (1) lot located partially in Shorewood and partially in Deephaven (the "Development"); and
WHEREAS, the Shorewood City Council by its Resolution No. 94-54 adopted on June 27,
1994, 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 ofthe Subject
Property, which plat is attached hereto and made a part hereof as Exhibit B; and
WHEREAS, the Shorewood City Council by its Resolution No. 94-83 adopted October 10,
1994, and the Deephaven City Council by its Resolution No. 7-95 adopted February 6, 1995"
incorporated herein as Exhibits C and D respectively, have approved the final plat of the Subject
Property subject to conditions;
NOW, THEREFORE, in consideration of the foregoing premises and acceptance by
Shorewood and Deephaven ofthe final plat ofR Bowman Second Addition, Shorewood, Deephaven
and the Developer agree as follows:
1. Conditions of Approval.
a. That Lot 3 will be accessed via Vine Street.
b.
That Lot 1 will be accessed by Manor Road.
,
.
c.
That Lot 1 shall not be resubdivided in the future.
d. That structures built on Lot 2 will treat the municipal boundary between
Shorewood and Deephaven as a property line, maintaining required setbacks.
No structure shall be located within ten (10) feet ofthe municipal boundary
line.
e. That Lot 2 shall not be resubdivided in the future.
f. Lot 2 will be accessed by the driveway located in Bowman Court until such
time as Bowman Court is constructed to City of Shore wood design standards
and said access to Lot 2 shall thereafter be from the public street, Bowman
Court.
2.
Improvements within Plat. No improvements are contemplated to be installed within
the plat at this time. Developer acknowledges that the public street platted as
Bowman Court is not now open and is not now maintained or plowed by Shorewood
or Deephaven and that neither city has any intention or obligation to open or maintain
said street. Developer agrees that in the event Developer constructs a sewer lateral
line, such lateral line shall be in Bowman Court and shall be constructed and installed
in accordance with engineering plans and specifications approved by the Shorewood
and Deephaven City Engineers and the requirements of applicable City ordinances and
standards, and that all said work shall be subject to final inspection and approval by
the City Engineers of Shorewood and Deephaven. After the Bowman Court street
improvements have been completed and accepted, the street shall be maintained and
plowed by Shorewood.
.
3. Replatting of Outlot A. Developer agrees that Outlot A shall not be considered as
buildable lots until such time as it is subdivided and replatted as numbered residential
lot(s). At such time as Outlot A is replatted, Developer shall pay the full cost for the
construction and improvement of Bowman Court in accordance with all ordinances
and standards applicable to public streets within the City of Shore wood, together with
the full cost of all other improvements which may be required by Shorewood at the
time ofreplatting. Developer acknowledges that it shall be required to enter into an
amended Development Agreement with Shorewood and Deephaven at the time of
replatting Outlot A and to comply with all procedures and requirements of the
Shorewood and Deephaven subdivision ordinances then in effect.
4. Transfer or Conveyance of Lots and Outlots. Developer agrees that until such time
as Outlot A is replatted, Outlot A shall not be transferred or conveyed separately from
Lot 1, Block 1, R Bowman Addition; and Lot 1, Block 1, R Bowman Second
Addition shall not be transferred or conveyed separately from Outlot A.
.
-2-
.
5.
Sanitary Sewer Service. The City of Shorewood agrees to furnish access to sanitary
sewer service to the plat providing the following conditions are met:
a. Sewer lines shall be constructed, installed and maintained by the Developer in
accordance with Shorewood' s specifications as set forth in the City Sewer
Code, and all work performed shall be subject to final inspection and approval
by Shorewood.
b. Developer shall be responsible for obtaining all necessary permits and paying
all Shorewood fees relating to sanitary sewer hook-ups, inclqding the trunk
and equalization charges, as set out in the City Sewer Code, and any other
fees which may be owed to other agencies such as the Metropolitan Waste
Control Service.
c. Regular City sewer use charges, as established by the City Sewer Code, shall
be paid by the Developer or the owner of the property serviced by the
Shorewood Sanitary Sewer System.
6.
Reimbursement of Costs. Developer shall reimburse Shorewood and Deephaven for
all costs, including reasonable engineering, planning and administrative expenses
incurred by the Cities in connection with all matters relating to the administration and
enforcement of this Agreement and the performance thereof by Developer. Such
reimbursement shall be made within fourteen (14) days of the date of mailing of the
City's notice of costs to the address set forth in Paragraph 10 below.
.
7. Disclaimer by City. It is understood and agreed that the Cities of Shorewood and
Deephaven (the "Cities"), their City Councils, and the agents and employees of the
Cities shall not be personally liable or responsible in any manner to Developer,
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; and that Developer will save Shorewood and Deephaven,
their City Councils, and the agents and employees of the Cities harmless from any and
all claims, damages, demands, actions or causes of action arising therefrom and the
costs, disbursements, and expenses of defending the same.
8. Termination of Previous Agreements. This Agreement shall serve to terminate and
supercede all understandings, promises and obligations of the parties to that
agreement titled ''Residential Subdivision Development Agreement - R Bowman
Addition" dated October 16, 1990.
9. Duration of Agreement. This Agreement shall remain in effect until such time as
.
-3-
,.
.
.
.
10.
Outlot A is replatted and until Shorewood, Deephaven and the Developer have
executed an agreement amending or annulling this Agreement.
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
parties, by written notice given by one to the other, may designate any address or
addresses to which notices, certificates or other communications to them shall be sent
when required as contemplated by this Agreement. Unless otherwise provided by the
respective parties, all notices, certificates and communications to each of them shall
be addressed as follows:
To Shorewood:
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
To Deephaven:
City of Deephaven
20225 Cottagewood Road
Deephaven, Minnesota 55331
To Developer:
Richard A. Bowman
20025 Manor Road
Shorewood, Minnesota 55331
11. 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 the
parties and their respective legal representatives, successors and assigns.
12. 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.
13. 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.
14. Construction. This Agreement shall be construed in accordance with the laws of the
State of Minnesota.
IN WITNESS WHEREOF, the parties hereto have caused thes~ presents to be executed on
the day and year first above written.
-4-
.
.
.
CITY OF SHOREWOOD
By
Its
By
Its
CITY OF DEEPHA VEN
By
Its
By
Its
DEVELOPER
By
ST ATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN )
On this day of , 1998, before me, a notary public within and for
said County, personally appeared and
to me personally known, who being each by me duly sworn, did say that they are respectively the
and of the City of Shorewood, and
that said instrument was signed and sealed on behalf of said corporation by authority of its City
Council, and said and acknowledged
said instrument to be the free act and deed of said corporation.
Notary Public
-5-
.
.
.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 1998, before me, a notary public within and for
said County, personally appeared and ,
to me personally known, who being each by me duly sworn, did say that they are respectively the
and ofthe City of Deep haven, and that
said instrument was signed and sealed on behalf of said corporation by authority of its City Council,
and said and acknowledged said
instrument to be the free act and deed of said corporation.
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN )
On this day of , 1998, before me, within and for said County,
personally appeared , described in and who executed the foregoing
instrument and acknowledged that he executed the same as his free act and deed.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Richard F. Rosow
Lang, Pauly, Gregerson & Rosow, Ltd.
1600 Park Building
650 Third Avenue South
Minneapolis, MN 55402-4337
Telephone: 612-338-0755
-6-
.
.
.
CONSENT BY MORTGAGEE
THIS CONSENT is made by
as "Mortgagee")
(hereinafter referred to
WITNESSETH
That Mortgagee is now the holder and owner ofthe mortgage lien dated by
and between Scott M. Grieve and Deborah J. Grieve, husband and wife, as Mortgagors and the
Mortgagee, which mortgage was recorded on , 19_, as Document No.
285798 in the Office ofthe Registrar of Titles.
The Mortgagee hereby consents to the said Cities of Shorewood and Deephaven,
Development Agreement, R Bowman Second Addition, and agrees to be bound by its terms and
conditions insofar as they relate or pertain to the said properties.
IN TESTIMONY WHEREOF, the undersigned has caused this instrumentto be executed and
delivered this day of , 1998.
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
1998, by the
a on behalf of said
day of
of
Notary Public
McNulty\Consent.Grieve-Mortgagee
.
.
.
CONSENT BY MORTGAGEE
THIS CONSENT is made by Bank of America, FSB (hereinafter referred to as "Mortgagee")
WITNESSETH
That Mortgagee is now the holder and owner ofthe mortgage lien dated March 20, 1997 by
and between Vemon J. Hanzlik and MaryAnn Hanzlik, husband and wife, as Mortgagors and the
Mortgagee, which mortgage was recorded on April 4, 1997, as Document No. 2799366 in the Office
ofthe Registrar of Titles.
The Mortgagee hereby consents to the said Cities of Shorewood and Deephaven,
Development Agreement, R Bowman Second Addition, and agrees to be bound by its terms and
conditions insofar as they relate or pertain to the said properties.
IN TESTIMONY WHEREOF, the undersigned has caused this instrument to be executed and
delivered this day of , 1998.
BANK OF AMERICA, FSB
By
Its
STATE OF MINNESOTA
)
) ss.
)
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this
1998, by the
a on behalf of said
day of
of Bank of America, FSB,
Notary Public
McNulty\Consent.Hanzlik-Mortgagee-l
.
.
.
CONSENT BY MORTGAGEE
THIS CONSENT is made by National City Bank (hereinafter referred to as "Mortgagee")
WITNESSETH
That Mortgagee is now the holder and owner ofthe mortgage lien dated March 25, 1997 by
and between Vernon J. Hanzlik and MaryAnn Hanzlik, husband and wife, as Mortgagors and the
Mortgagee, which mortgage was recorded on April 28, 1997, as Document No. 2805429 in the
Office of the Registrar of Titles.
The Mortgagee hereby consents to the said Cities of Shorewood and Deephaven,
Development Agreement, R Bowman Second Addition, and agrees to be bound by its terms and
conditions insofar as they relate or pertain to the said properties.
IN TESTIMONY WHEREOF, the undersigned has caused this instrument to be executed and
delivered this day of , 1998.
NATIONAL CITY BANK
By
Its
STATE OF MINNESOTA
)
) ss.
)
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this
1998, by the
on behalf of said
day of
of National City Bank, a
Notary Public
McNulty\Consent.Hanzlik-Mortgagee-2
.
.
.
CONSENT BY MORTGAGEE
THIS CONSENT is made by Bank of America (hereinafter referred to as "Mortgagee")
WITNESSETH
That Mortgagee is now the holder and owner of the mortgage lien dated August 1, 1996 by
and between Richard and Terri Bowman, husband and wife, as Mortgagors and the Mortgagee, which
mortgage was recorded on August 6, 1996, as Document No. 2731382 in the Office of the Registrar
of Titles.
The Mortgagee hereby consents to the said Cities of Shorewood and Deephaven,
Development Agreement, R Bowman Second Addition, and agrees to be bound by its terms and
conditions insofar as they relate or pertain to the said properties.
IN TESTIMONY WHEREOF, the undersigned has caused this instrument to be executed and
delivered this day of , 1998.
BANK OF AMERICA
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _ day of
1998, by the of Bank of America, a
on behalf of said
Notary Public
McNulty'Consent.Bowman-Mortgagee-l
.
.
.
CONSENT BY MORTGAGEE
THIS CONSENT is made by National City Bank (hereinafter referred to as "Mortgagee")
WITNESSETH
That Mortgagee is now the holder and owner of the mortgage lien dated March 27, 1996 by
and between Richard and Terri Bowman, husband and wife, as Mortgagors and the Mortgagee, which
mortgage was recorded on April 25, 1996, as Document No. 2696139 in the Office ofthe Registrar
of Titles.
The Mortgagee hereby consents to the said Cities of Shorewood and Deephaven,
Development Agreement, R Bowman Second Addition, and agrees to be bound by its terms and
conditions insofar as they relate or pertain to the said properties.
IN TESTIMONY WHEREOF, the undersigned has caused this instrument to be executed and
delivered this day of , 1998.
NATIONAL CITY BANK
By
Its
STATE OF MINNESOTA
)
) ss.
)
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this
1998, by the
on behalf of said
day of
of National City Bank, a
Notal)' Public
McNulty\Consent.Bowman-Mortgagee-2
.
.
.
CONSENT BY OWNERS
THIS CONSENT is made by Beryl 1. Levine and Zelman Levine, husband and wife
(hereinafter referred to as "Owners").
WITNESSETH
That Owners are now the fee owners of Lot 1, Block 1, R Bowman Second Addition,
according to the plat thereof, on file or of record in the Office ofthe Registrar of Titles for Hennepin
County.
The Owners hereby consent to the said Cities of Shorewood and Deephaven, Development
Agreement, R Bowman Second Addition and agree to be bound by its terms and conditions insofar
as they relate or pertain to the said property.
IN TESTIMONY WHEREOF, the undersigned has caused this instrument to be executed and
delivered this day of , 1998.
Beryl 1. Levine
Zelman Levine
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
1998, by Beryl 1. Levine and Zelman Levine.
day of
Notary Public
McNulty\Consent.Levine-Owner
.
.
.
CONSENT BY OWNERS
THIS CONSENT is made by Scott M. Grieve and Debra 1. Grieve, husband and wife
(hereinafter referred to as "Owners").
WITNESSETH
That Owners are now the fee owners of Lot 2, Block 1, R Bowman Second Addition,
according to the plat thereof, on file or of record in the Office of the Registrar of Titles for Hennepin
County.
The Owners hereby consent to the said Cities of Shorewood and Deephaven, Development
Agreement, R Bowman Second Addition and agree to be bound by its terms and conditions insofar
as they relate or pertain to the said property.
IN TESTIMONY WHEREOF, the undersigned has caused this instrument to be executed and
delivered this day of , 1998.
Scott M. Grieve
Deborah J. Grieve
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
1998, by Scott M. Grieve and Deborah J. Grieve.
day of
Notary Public
McNulty\Consent.Grieve-Owner
.
.
.
CONSENT BY OWNERS
THIS CONSENT is made by Vernon J. Hanzlik and MaryAnn Hanzlik, husband and wife
(hereinafter referred to as "Owners").
WITNESSETH
That Owners are now the fee owners of Lot 3, Block 1, R Bowman Second Addition,
according to the plat thereof, on file or of record in the Office ofthe Registrar of Titles for Hennepin
County.
The Owners hereby consent to the said Cities of Shorewood and Deephaven, Development
Agreement, R Bowman Second Addition and agree to be bound by its terms and conditions insofar
as they relate or pertain to the said property.
IN TESTIMONY WHEREOF, the undersigned has caused this instrument to be executed and
delivered this day of , 1998.
Vernon J. Hanzlik
MaryAnn Hanzlik
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
1998, by Vernon J. and MaryAnn Hanzlik.
day of
Notary Public
McNulty\Consent.Hanzlik-Owner
.
.
.
CONSENT BY OWNERS
THIS CONSENT is made by Terri L. Bowman, spouse of Richard A. Bowman.
WITNESSETH
Terri L. Bowman is the fee owner of Outlot A, R Bowman Second Addition and Lot 1, Block
1, R Bowman Addition, according to the plats thereof on file or of record in the Office of the
Registrar of Titles for Hennepin County
Terri L. Bowman hereby consents to the said Cities of Shorewood and Deephaven,
Development Agreement, R Bowman Second Addition and agree to be bound by its terms and
conditions insofar as they relate or pertain to the said property.
IN TESTIMONY WHEREOF, the undersigned has caused this instrument to be executed and
delivered this day of , 1998.
Terri L. Bowman
ST ATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
1998, by Terri L. Bowman
day of
Notary Public
McNulty\Consent.T em Bowman-Owner