98-092
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CITY OF SHOREWOOD
RESOLUTION NO. 98-092
A RESOLUTION APPROVING THE FINAL PLAT OF
CHRISTMAS SHORE
WHEREAS, the final plat of Christmas Shore 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 Christmas Shore is hereby approved.
2. That the approval is specifically conditioned upon the terms and conditions
contained in the Development Agreement for Christmas Shore, attached hereto and made a part
hereof.
3. That the Mayor and City Administrator/Clerk are authorized to execute the
Certificate of Approval for the plat and the said Development Agreement on behalf of the City
Council.
4. That the final plat, together with this resolution, the Development Agreement
attached hereto, and the Declaration of Covenants, Conditions and Restrictions for Christmas
Shore, attached hereto, 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 SHOREWOOD this 28th day of
September 1998.
ATTEST:
Ja es C. Hurm, City Administrator/Clerk
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CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
CHRISTMAS SHORE
THIS AGREEMENT, made this 13th day of October , 1998, by and
between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter
referred to as the "City", and KEITH WATERS AND ASSOCIATES, INe., a
Minnesota Corporation, hereinafter referred to as the "Developer".
WHEREAS, the Developer has an interest in certain lands legally described in
Exhibit A, attached hereto and made a part hereof, which lands are hereinafter referred to
as the "Subject Property"; and
WHEREAS, Developer proposes to develop the Subject Property into six (6)
single-family residential lots and one (1) outlot; and
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WHEREAS, the Developer has made application for a preliminary plat for the
property with the Zoning Administrator, which preliminary plat was considered by the
City Planning Commission at their meeting held on 7 July 1998, and at a meeting of the
City Council on 27 July 1998; and
WHEREAS upon recommendation of the City Planning Commission, the City
Council did consider and grant preliminary plat approval as set forth in the minutes of the
27 July 1998 City Council meeting; and
WHEREAS, the Developer has filed with the City the Final Plat for "Christmas
Shore", a copy of which plat is attached hereto and made a part hereof as Exhibit B;
NOW, THEREFORE, in consideration of the mutual covenants and guarantees
contained herein, the parties hereto agree as follows:
1) Conditions of Approval - The Developer shall comply with the conditions
of approval as recommended by the Planning Commission. In addition, development of
the property is subject to the requirements of the R -INS, Single-Family
ResidentiallShoreland zoning district.
(01) Minimum setbacks (for all structures) shall be as follows:
(a) Front:
(b) Rear:
(c) Side:
(d) Side yard abutting a street:
(e) Lake setback (from O.H.W.L.)
50 feet
50 feet
Total 30 feet with no one side less
than 10 feet
50 feet
75 feet
(02) Maximum building height, as defined by the Shorewood Zoning Code,
shall be two and one-half stories or 35 feet, whichever is less.
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(03) Use of Outlot withii':t.li~ plat: Outlot A shall be owned and maintained by
the Christmas Shore Homeli!*rner' Association. The Developer shall grant
drainage and utility easements to the City of Shorewood for purposes of
maintaining a storm drainage pond on the outlot.
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2.) Improvements Installed by Developer - Developer agrees at its expense to
construct, install and perform all work and furnish all materials and equipment in
connection with the installation of the following improvements:
(0 l) All site grading including building pad correction where needed;
(02) Street grading, stabilizing and bituminous surfacing;
(03) Surmountable concrete curb and gutter;
(04) Sanitary sewer;
(05) Storm sewer, and surface water drainage facilities;
(06) Street name signs and traffic control signs;
(07) Required landscaping and reforestation;
-consistent with the plans and specification prepared by Roger A. Anderson & Associates,
Inc., dated 11 September 1998, and received and approved by the City Engineer.
It is understood that underground utility lines, including gas, electric, telephone, and
television cable shall be installed by the respective private utility companies pursuant to
separate agreements with the Developer.
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3.) Final Plat. Grading. Drainage and Utility Plan. Building Plan - The
Developer has filed with the City Clerk the final plat titled Christmas Shore for the
development of the Subject Property. Said plat is attached hereto and made a part hereof
as Exhibit B. Said final plat, together with the grading, drainage, and utility plans,
referenced in paragraph 2 above and this Development Agreement, is herewith adopted
and approved by the City.
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4.) Pre-construction Meeting - Prior to the commencement of construction,
Developer or its engineer shall arrange for a pre-construction meeting to be held at
Shorewood City Hall. Such meeting shall be coordinated with the City Engineer and
shall include all appropriate parties specified by the City Engineer.
5.) Standards of Construction - Developer agrees that all of the improvements
set forth in paragraph 2 above shall be constructed and installed in accordance with
engineering plans and specifications approved by the City Engineer and the requirements
of applicable City ordinances and standards, and that all of said work shall be subject to
final inspection and approval by the City Engineer.
6.) Materials and Labor - All of the materials to be employed in the making of
said improvements and all of the work performed in connection therewith shall be of
uniformly good and workmanlike quality, shall equal or exceed the quantities and
qualities required by the approved plans and specifications, and shall be subject to
inspection and approval of the City, which approval shall not be unreasonably withheld if
the materials and work are consistent with the plans and specifications and the standards
set forth herein. In case any materials or labor supplied shall be rejected by the City as
defective or unsuitable, then such rejected materials shall be removed and replaced with
approved materials, and rejected labor shall be done anew to the satisfaction and approval
of the City at the cost and expense of Developer.
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7.) Schedule of Work - The Developer shall submit a written schedule in the
form of a bar chart indicating the proposed progress schedule and order of completion of
work covered by this Agreement. It is understood and agreed that the work set forth in
paragraph 2, except the final lift of asphalt, shall be performed to be completed by 31 July
1999. The final lift of asphalt shall be completed by 31 October 1999. Upon receipt of
written notice from the Developer of the existence of causes over which the Developer has
no control, which will delay the completion of the work, the City, at its discretion, may
extend the dates specified for completion.
8.) As-Built Plan - Within sixty (60) days after the completion of construction
of the Improvements, 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.
9.) Easements - Developer, at its expense, shall acquire all easements from
abutting property owners necessary to the installation of the sanitary sewer, storm sewer,
and surface water drainage facilities within the plat, if and to the extent required by the
'.;'..Minnehaha Creek Watershed District, and thereafter promptly assign said easements to the
City.
The Developer has arranged with Minnegasco for the release of an existing gas main
easement located on the property, subsequent to the installation of a new gas main and
services as part of the Christmas Shore project.
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10.) Pre-existing Drain Tile - All pre-existing drain tile disturbed by Developer
during construction shall be restored by Developer.
11.) Staking. Surveying and Inspection - It is agreed that the Developer,
through its engineer, shall provide for all staking and surveying for the above-described
improvements. 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. Resident inspection shall occur during all
construction operations unless the City Engineer deems there are periods of time where
inspection is not necessary.
12.) Grading. Drainage. and Erosion Control- Developer, at its expense, shall
provide grading, drainage and erosion control plans to be reviewed and approved by the
City Engineer. Said plans shall provide for temporary dams, earthwork or such other
devices and practices, including seeding of graded areas, as necessary, to prevent the
waslring, 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.
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13.) Street Signs - Developer, at its expense, shall provide standard city street
identification signs and traffic control signs in accordance with the Minnesota Manual on
Uniform Traffic Control Devices, as directed by the City Engineer.
14.) Access to Residences - Building permits will be issued by the City when
the Developer has completed the underground portions of the sanitary sewer, storm sewer
and graded the streets to the rough grades shown on the development plans and finished
with a layer of approved base material. Developer shall provide reasonable access,
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including temporary grading and graveling, to all residences affected by construction until
the streets are accepted by the City.
15.) Occupancy Permits - The City shall not issue a certificate of occupancy
until all Improvements, except for the final lift of asphalt, set forth in paragraph 2 are
completed and approved by the City Engineer.
16.) Final Inspection - At the written request of the Developer, and upon
completion of the Improvements set forth in paragraph 2 above, the City Engineer, the
contractor, and the Developer's engineer will make a final inspection of the work. When
the City Engineer is satisfied that all work is completed in accordance with the approved
plans and specifications, and the Developer's engineer has submitted a written statement
attesting to same, the City Engineer shall recorrunend that the improvements be accepted
by the City.
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17.) Conveyance of Improvements - Upon completion of the installation by
Developer and approval by the City Engineer of the improvements set forth in paragraph 2
above, the Developer shall convey said improvements to the City free of all liens and
encumbrances and with warranty of title, which shall include copies of all lien waivers.
--'-- Should the Developer fail to so convey said improvements, the same shall become the
property of the City without further notice or action on the part of either party hereto,
other than acceptance by the City.
18.) 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. Within a period of thirty (30) days prior to the expiration of the said one-year
period, Developer shall perform a televised inspection of all sanitary sewer lines within
the plat and provide the City with a VHS videotape thereof.
19.) Restoration of Streets. Public Facilities and Private Properties - The
Developer shall restore all City streets and other public facilities and any private properties
disturbed or damaged as a result of Developer's construction activities, including sod with
necessary black dirt, bituminous replacement, curb replacement, street sweeping, and all
other items disturbed during construction.
20.) Reimbursement of Costs - The Developer shall reimburse the City for all
costs, including reasonable engineering, resident inspection, 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 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.
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22.) Surety for Improvements - Deposit or Letter of Credit - For the purpose of
assuring and guaranteeing to the City that the improvements to be constructed, installed
and furnished by the Developer as set forth in paragraph 2 above, shall be constructed,
installed and furnished according to the terms of this Agreement, and to ensure that the
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Developer submit to the City as-built plans as required in paragraph 8 and that the
Developer pay all claims for work done and materials and supplies furnished for the
performance of this Agreement, the Developer agrees to furnish to the City either a cash
deposit or an irrevocable letter of credit approved by the City in an amount equal to 150%
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 125% of the cost of the remaining
Improvements. At such time as the Improvements have been approved by the City, such
deposit or letter of credit may be replaced by a maintenance bond.
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 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.
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Prior to commencement of construction of the Improvements described in
paragraph 2 above, the Developer shall file with the City a certificate of such insurance as
will protect the Developer, his contractors and subcontractors from claims arising under
the workers' compensation laws of the State of Minnesota. The insurance coverage
required hereby may be supplied by the Developer's contractors and subcontractors,
thereby satisfying the requirements of this section.
24.) Laws. Ordinances. Regulations and Permits - Developer shall comply with
all laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the
Subject Property and shall secure all permits that may be required by the City of
Shorewood, the State of Minnesota, the Minnehaha Creek Watershed Districts, and the
Metropolitan Waste Control Commission before commencing development of the plat.
25.) Local Sanitary Sewer Access Charges (LSSAC) - Developer shall, prior to
release of the final plat by the City, make a cash payment to the City in the sum of $5000
($1000 for each lot) as local sanitary sewer access charges. Credit has been given for Lot
2, Block 1.
26.) Park Fund Payment - Developer shall, prior to release of the final plat by
the City, make a cash payment to the City in the sum of $5000 ($1000 for each lot) for the
Park Fund. Credit has been given for Lot 2, Block 1.
27.) Tree Preservation Measures - The City has adopted a Tree Preservation
Policy ("Policy") which has been incorporated into the City Code. In addition to the
Policy, the Developer has prepared and the City has reviewed a detailed tree preservation
plan prepared by Close Landscape Architecture dated 11 September
1998 ("Plan").
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The Developer agrees that the tree preservation measures provided for in the Policy and in
the Plan are the responsibility of the Developer, and that the Developer shall also be
responsible for any acts of its subcontractors or agents which are in violation of either the
Policy or the Plan.
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As partial security for its obligation under this paragraph 27, the Developer agrees that
prior to the issuance of each building permit, it will provide for two thousand dollars
($2000) in cash or letter of credit per lot to be deposited with the City as security for such
obligation. In the event that the City draws upon the security, as provided for in
paragraph 32 of this Agreement, the Developer shall have ten days to restore the security
to $2000. In the event that the Developer fails to make such restoration, the City may
treat such failure as a default and may proceed in accordance with paragraph 32(03) of
this Agreement.
28.) Notices - All notices, certificates and other communications hereunder
shall be sufficiently given and shall be deemed given when mailed by certified mail, return
receipt requested, postage prepaid, with proper address as indicated below. The City and
the Developer by written notice given by one to the other, may designate any address or
addresses to which notices, certificates or other communications to them shall be sent
when required as contemplated by this Agreement. Unless otherwise provided by the
respective parties, all notices, certificates and communications to each of them shall be
addressed as follows:
To the City:
Zoning Administrator
CITY OF SHOREWOOD
5755 Country Club Road
Shorewood, MN 55331
With a Copy to:
Shorewood City Attorney
c/o Kennedy & Graven, Chartered
470 Pillsbury Center 200 So. 6th St.
Minneapolis, MN 55402
With a Copy to:
Dave Moran
c/o Winthrop & Weinstine
3000 Dain Bosworth Plaza
60 So. 6th St.
Minneapolis, MN 55402
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To the Developer:
Keith Waters
Keith Waters & Associates, Inc.
6216 Baker Road, Suite 110
Eden Prairie, MN 55346
29.) Proof of Title - Developer shall furnish a title opinion or title insurance
commitment addressed to the City guaranteeing that Developer is the fee owner or has a
legal right to become fee owner of the Subject Property upon exercise of certain rights and
to enter upon the same for the purpose of developing the property. Developer agrees that
in the event Developer's ownership in the property should change in any fashion, except
for the normal process of marketing lots, prior to the completion of the project and the
fulfillment of the requirements of this Agreement, Developer shall forthwith notify the
City of such change in ownership. Developer further agrees that all dedicated streets and
utility easements provided to City shall be free and clear of all liens and encumbrances.
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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 shall
provide a copy of the Declaration of Covenants, Conditions and Restrictions, which
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Declaration shall include the City as a signatory thereto, for review and approval by the
City prior to recording.
32.) Remedies Upon Default-
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(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 detennined 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.
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(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 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.
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(03) Additional Remedies. Notwithstanding any other remedy available to the
City under this Agreement, the City may elect to proceed under this paragraph to
remedy a violation of Developer's obligations under paragraph 27 hereof.
(a) Upon discovery of an apparent violation ofthe Plan or Policy, the
City will notify the Developer in writing of the violation. The
notice will contain a description of the circumstances constituting
the violation, the provision of the Policy or Plan which is
apparently violated, the steps which must be taken to correct the
violation and the date by which the compliance must occur.
If compliance has not occurred within such time, or if the
violation, by virtue of its repeated nature, seriousness or other
factors are such that a penalty may be appropriate, the matter will
be scheduled for a hearing by the City Council at a meeting not
(b)
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sooner than ten (10) days following the date on which written
notice is mailed to the Developer.
(c)
Following the hearing, the Council shall render its decision in
writing. If the Council determines that the Plan or Policy has been
violated, (whether or not the violation has been corrected) it may
take some or all of the following actions:
(i) impose a monetary penalty of not more than $2000 for each
violation.
(ii) order that the Developer stop work on all construction for
which building permits have been issued; and withhold the
issuance of additional building permits until it has received
assurances satisfactory to the City that no future violations of the
Plan or Policy are likely to occur.
(iii) take any other actions or enforce any other remedies available
to it under this Agreement, the Policy or the City Code.
(04) Legal Proceedings. In addition to the foregoing, the City may institute any
proper action or proceeding at law or at equity to abate violations of this
Agreement, or to prevent use or occupancy of the proposed dwellings.
33.) Headings - Headings at the beginning of paragraphs hereof are for
convenience of reference, shall not be considered a part of the text of this Agreement, and
shall not influence its construction.
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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.) Transfer. Successors and Assigns - It is the intention of the parties that the
Developer shall, absent a written release executed by the City, remain responsible for all
of the obligations imposed upon it under this Agreement, without regard to whether or not
the Developer has sold or otherwise transferred some or all of the subject property, or its
interest under this Agreement, to others. Whether or not such assignment or transfer is
approved by the City, this Agreement shall be binding upon and inure to the benefit of
Developer's interest under this Agreement, or transferee of all of part of the subject
property.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year first above written.
DEVELOPER
CITY OF SHOREWOOD
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Keith Waters
By:
Its: May r
ATTEST:
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this /7 day of tJrLk~ ,1998, before me, a Notary Public
within and for said County, personally appeared Tom Dahlberg and James C. Hurm 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/CliNk acknow~ed$aid instrument to be the free act and deed of said
, creation =-~I N~~-~aI-
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this 7rJu day of I)Z1~- , 1998, before me, within and for said
County, personally appeared Keith Waters, the Developer, described in and who executed
the foregoing instrument and acknowledged that it executed the same as its free act and
deed.
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Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Shorewood Planning Department
EDITED BY:
Kennedy & Graven, Chartered
470 Pillsbury Center 200 So. Sixth Street
Minneapolis, MN 55402
(JBD)
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Existing Legal Description
Parcell:
That part of Lot 146. Auditor's Subdivision Number One Hundred and Twenty. Hennepin County,
Minnesota embraced within Goverrunent Lot S. Section 35. Township 117. Range 23.
Parcel 2:
lbat pan ofLat 146, Auditor's Subdivision Number One Hundred and Twenty, Hennepin County,
Minnesota, embraced within Government Lot 4, Section 35, Township 117, Range 23 except that part
shown a.~ Parcelll6C on Minnesota Department of Transportation Right of Way Plat Numbered 27-66 and
except that part of :;aid Lot 146 which lies Northwesterly of the following described line: Commencing at
the Northea<;t comer of Section 35, Township 117, Range 23, Hennepin County, Minnesota: thence South
along the East line of said Sectiou 3S, a distance of 103.00 feet to the point ofbegirming of the line to be
described. which line is hereinafter referred to as ~L.ine A"; thence Southwesterly deflecting right 37
degrees I S minuteS. 48 seconds, a distance of 2224. J 4 feet and said "Line A" there ending and which lies
Northeasterly of the following described line: Be~inning at the poine of eermination of said "Line A"~
thence Northwesterly deflecting right 88 degrees, 0 minutes /Torn the SouthweSTerly extension of said -Line
A ", a distance of75.oo feet; thence Northwesterly to the SouthWCl\t comer ofLat 2, Auditor's Subdivision
Number Two Hundred Forty-Six. Hennepin Counry, Minnesota and said line there ending.
Parcel 3:
That part ofLoe 191. Auditor's Subdivision Number One Hundred and Twenty, Hennepin County,
Minnesota, which Iies Nonhcrly of the following d~nbed line:
Commencing at the Northeast comer of Section 35, Township IIi. Range 23, Hennepin County,
Minnesota; thence South along the East line of said Section 35 a distance of 103.00 feet: thence
Southwesterl~' deflecting right 37 degrees 1S Inillutes 48 s~onds a distance of 2224.14 feer to the point of
beginning of the line to be desenbed: thence Southeasterly deflecting left 91 degrees 22 minutes 41 seconds
a distance of 56.57 feet: thence Southeasterly deflecting right 9 de~rees 55 minutes 43 seconds a distance
of 148.95 feet; thence Northeasterly deflecting Ic:ft 68 degrees 30 minutes 21 seconds to the shoreline of
Chrisnnas Lake and ~aid line there ending.
Parcel 4:
Lot 190, and that part of Lot 191, which lies Southerly of the following descn'bed line: Commencing at the
Northeast comer of Section 35, Township 117, Range 23. Hennepin County, Minnesota; thence South
along the East line of said Section 35 a distance of 103.00 feet; thence Southwesterly deflecting right 31
degrees IS minutes 48 seconds a distance of2224.l4 feet to the point of beginning of the Jinle to be
described: thence Southeasterly deflecting Icft 91 degre~s 22 minuees 41 seconds a distance of 56. 57 feet:
thence Southea.~terly deflel::ting right 9 degrees 55 minutes 43 seconds a distanCe of 148.95 feet; thence
Northeasterly deflecting left 68 degrees 30 minutes 21 seconds to the shoreline of Christmas Lake and said
line there ending. Auditor's Subdivision Number One Hundred and Twenty, Hennepin County, Minnesota,
according to the plat thereof on me or of record in the office of the Registrar of Titles in and for said
Couoty.
Exhibit A
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Exhibit B
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Final draft dated October 6, 1998
DECLAUTION OF COVENANTS
CONDITIONS AND
RESTRICTIONS
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FOR
CHRISTMAS SHORE
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DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS
FOR
CHRISTMAS SHORE
THIS DECLARATION, made this _ day of October, 1998, by Keith Waters & Associates, Inc.
("Declarant").
WITNESETH:
WHEREAS, Declarant is the owner of the real property in the City of Shorewood, Minnesota
("City") described in Article II of this Declaration (the "Property"); and
WHEREAS, Declarant intends to develop the Property with subdivision improvements for single
family detached homes and common areas and desires to provide for the preservation of the values and
amenities in the community, for the maintenance of private open spaces and for a development which is
in harmony with the existing adjoining neighborhood and environment, and to these ends desires to
subject the Property to the easements, restrictions, covenants, conditions, charges and liens set forth in
this Declaration, each and all of which is and are for the benefit of the Property and each present and
future owner thereof; and
NOW, THEREFORE, Declarant declares that the Property described in Article II, Section 1
hereof is, and shall be, held, transferred, sold, conveyed and occupied subject to the following
covenants, conditions, restrictions, easements, charges and liens (sometimes referred to as "covenants
and restrictions"), which covenants and restrictions shall run with the Property and be binding on all
parties having any right, title or interest in the Property'or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of each owner thereof:
ARTICLE I
DEFINITIONS
The following words, when used in this Declaration (unless the context shall prohibit) shall have the
following meanings:
(a) Architectural Control Committee: The committee created pursuant to Article VI of the
Declaration.
(b) Association: Christmas Shore Homeowners Association, Inc., a Minnesota non-profit
corporation, its successors and assigns.
(c) City: City of Shorewood, Hennepin County, Minnesota.
(d) Common Area: Outlot A, Christmas Shore.
(e) Declarant: Keith Waters and Associates, Inc., 6216 Baker Road, Suite 110, Eden Prairie
MN 55346 and/or assigns.
(f) Lot: any Lot contained in the blocks of the recorded plat of Christmas Shore.
(g) Living Unit: 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 on a Lot.
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(h) Member: each Owner entitled to membership in the Association pursuant to the provisions
of ArtiCle III.
(i) Mortgagee: any entity or person named as mortgagee in any mortgage deed granting a lien
("Mortgage") on any Lot.
(j) Owner: the record Owner or contract vendee of the fee simple title to any Lot, but excluding
contract Vendors, mortgagees or any others having such interest merely as security for the
performance of an obligation.
(k) Property: the property described in Article II, Section 1 made s\Jbject to this Declaration,
and any additional property made subject to this Declaration pursuant to Article II.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
Section 1. Property. The real estate subject to this Declaration is located in Hennepin County,
Minnesota, and is described as: Lots 1, 3, 4, 5 and 6, Block 1 and Outlot A, Christmas Shore, as
recorded at the Registrar of Deeds, Hennepin County, Minnesota. This property shall hereinafter be
referred to as the "Property".
Section 2. Additional Property. The Developer may make such additional property lying
adjacent to the Property subject to the covenants and restrictions of the Declaration by amending this
Declaration, as provided in Article XIII Section 2.
ARTICLE III.
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Section 1. Membership. Each Owner of a Lot, including the Declarant, is a Member of the
Association. Membership shall be appurtenant to and may not be separated from ownership.
Section 2. Voting Rights. The Association shall have two (2) classes of voting
membership:
Class A. Class A Members shall be all Owners of one or more Lots, except Declarant. When
more than one person or entity shares ownership of a Lot, the vote shall be exercised as they
determine among themselves, but in no event shall more than one (1) vote be cast per lot.
Class B. The Class B Member shall be the Declarant. The Class B Member shall be entitled to
three (3) votes for each Lot owned by it. The Class B membership shall cease and be converted
to Class A membership on the earlier of (i) December 31, 2005, or (ii) when the total votes
outstanding in the Class A membership equals the total votes outstanding in the Class B
membership.
Section 3. Suspension of Voting Right. The right of any Member to vote shall be suspended
during any period in which such Member shall be delinquent 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 rules or regulations published by the Association.
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ARTICLE IV
DUTIES OF ASSOCIATION
Section 1. Landscaping Along Public Streets. The Declarant may install landscaping within
the public right-of-way of Merry Lane, Radison Road and Christmas Lake Road. The Association shall
maintain all such landscaping.
Section 2. Common Area Landscaping Easements. The Declarant shall reserve easements
for landscaping purposes on.the Common Area. The Declarant may install landscaping thereon.
Section 3. Maintaining Common Areas. The Association shall maintain mailboxes, trees,
fountains and other landscaping, if any, lying within the Common Area or the public street right of way
adjoining the project. The City will be responsible for maintenance of any storm water ponding facility or
sewer or storm sewer installed within the Common Area.
Section 4. Collection of Garbage. Should the City not provide garbage collection service to
the Owners, the Association may be empowered to contract with private vendors for the collection of
garbage in the Property.
Section 5. Enforcement of Covenants and Restrictions; Architectural Control. The
Association shall be responsible for the enforcement of the covenants and restrictions contained in this
Declaration, and of the architectural controls imposed by Article VI. The Association shall take such
action to enforce the restrictions imposed by the Architectural Control Committee.
Section 6. Common Area Management. The Association, subject to the rights of the Owners set forth
in this Declaration, shall be responsible for the exclusive management and control of the Common Areas
and all improvements thereon (including any equipment related thereto) and shall keep the same in
good, clean, attractive and sanitary condition, order and repair.
ARTICLE V
ASSESSMENTS
Section 1. Creation of Assessments. The Declarant, for each Lot owned by it hereby
covenants, and each Owner of any Lot, by acceptance of a deed for a Lot, whether or not it shall be so
expressed in the deed or any conveyance, is deemed to agree to pay to the Association: (a) annual
assessments, and (b) any Individual Lot Maintenance Assessments levied against the Owner's Lot
pursuant to the provisions of this Declaration.
Section 2. Purpose of Annual Assessments. The annual assessments shall be levied for the
purpose of paying the costs associated with the duties of the Association as set forth in Article IV hereof,
together with the incidental costs of operating the Association.
Section 3. Levy of Annual Assessments. The annual assessment must be fixed at a uniform
rate for each Lot; provided, however, that until a building permit is issued on a Lot, there shall be no
annual assessment. The annual assessment shall be due and payable each May 1, beginning on May
1, 1999. The annual assessment due May 1, 1999 shall not exceed $600.00 plus the actual cost of
garbage removal service. For the following years, the annual assessment shall be levied by the
Association, based upon a proposed budget. The annual assessment may be increased, without a vote
of Membership, by a maximum of 8% per annum; provided that the costs of garbage removal service
shall always be in addition to such increases. In order to increase the annual assessment more than the
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maximum amount established in this Section, a vote of 67% of all votes cast by the Members
present, person or by proxy at a meeting of the Association called for that purpose shall be necessary.
The Board of Directors of the Association shall fix the amount of the annual assessment in an amount not
in excess of the maximum. The annual assessment for each year shall be fixed, and written notice
provided to each Owner at least thirty (30) days prior to May 1 of the year in which the assessment is
due. Failure to provide such notice, however, shall not render the assessment invalid.
Section 4. Individual Lot Maintenance Assessments. In the event that any Owner violates
any covenant or fails to perform any condition contained in this Declaration, the Association may perform
the act, remove the defect or correct the violation upon thirty (30) days written notice to the Owner, and,
as appropriate, pursuant to the procedures contained in Article VI. If the Association so acts on behalf of
an Owner, the Association may levy an assessment (hereinafter, "Individual Lot Maintenance
Assessment") against the Lot for the cost of the performance or correction.
Section 5. Special Assessments for Capital Improvements. In addition to the annual
assessments authorized above, 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,
reconstruction, repair or replacement of any capital improvement upon the Common Areas, including
fixtures and personal property related thereto, provided that each such assessment shall have the assent
of Members holding 67% of the votes cast by the Members present, in person or by proxy at a meeting
duly called for this purpose.
Section 6. Effect of Nonpayment of Assessment; Remedies of Association. The annual
assessments and Individual Lot Maintenance Assessments shall be fixed as provided in this Declaration.
If any such assessment is not paid when due, it shall become delinquent and shall, together with interest
at a rate of eight percent (8%) per annum, any cost of collection, and any attorney's fees, become a
continuing lien on the Lot and shall also be the personal obligation of the Owner of the Lot at the time the
assessment is made. The lien may be enforced and foreclosed by action in the same manner in which
mortgages may be foreclosed in Minnesota. Each owner, by acceptance of a deed for any Lot, shall be
deemed to give full and complete power of sale to the Association and to consent to a foreclosure of the
lien by advertisement. The Association may elect to bring an action at law against the Owner personally
obligated to pay the assessment.
Section 7. 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 of 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 Mortgagee 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. In the event of the extinguishment of such
assessment lien as aforesaid, the entire amount of such unpaid assessment shall be reallocated and
assessed against the Owners of all other Lots exclusive of such mortgaged Lot. No such sale, transfer
or acquisition of possession shall relieve an Owner of 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 Lot from the personal obligation to pay the
same.
Section 8. Exempt Property. The Common Area shall be exempted from the assessments,
charges and liens created herein. Notwithstanding any provision herein, no land or improvements
devoted to dwelling use shall be exempt from said assessments, charges or liens.
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ARTICLE VI
ARCHITECTURAL CONTROL
Section 1. Architectural Control Committee. There shall be established an Architectural
Control Committee consisting of the Declarant and two persons appointed by the Declarant until
Declarant no longer owns any Lot. The members of the Architectural Control Committee shall thereafter
be appointed and serve at the pleasure of the Board of Directors of the Association.
Section 2. Original Construction/Landscaping. A site plan, landscaping plan, tree preservation plan
and plans and specifications for the construction of a Living Unit on any Lot shall be submitted to the
Architectural Control Committee for its written approval before any construction activity is begun. No
structure, dwelling, fence, wall, broadcasting or receiving equipment shall be erected, placed or altered
on any Lot until the plans and specification, including landscaping plans meeting the requirements set
forth in Article X, Section 6, have been approved by the Architectural Control Committee. Such plans
shall show the location of the structure on the site, finished floor elevations, topography and significant
tree removal proposed on the site. Accompanying such documentation shall be the name and address
of the party to whom approval or disapproval is to be mailed. Approval or disapprovatwitt lYe effective on..
the date of postmark when mailed by first class mail, postage prepaid, and addressed to the named
party. Plans and Specification and Site Plans shall be deemed to have been received by the
Architectural Control Committee when one (1) or more of the Committee Members or its designated
representative acknowledges receipt of such documents in writing.
Section 3. Review of Modifications. After the completion of an original Living Unit on a Lot,
the construction or modification of any buHding or structure, inctuding, but not ltmited to-, fences,
mailboxes, retaining walls, and exterior colors, shall require prior written approval by the Architectural
Control Committee of the plans, specifications and samples for the construction or modification, in
accordance with the sta'nd'a'rdS" set forth in Section 4 hereof.
Section 4. Standard of Review. In addition to the standards set forth in Article X, the
Architectural Control Committee may promulgate more detailed standards and procedures governing its
areas of responsibility and practice. In addition, the following shatt apply:" the plans and "speciftcattOI15
shall be reviewed as to quality of workmanship, design and harmony of external design with existing
structures, topography, and finish grade elevation: No- permission or approval shalt be required to-
repaint in accordance with an originally approved color scheme, or to rebuild in accordance with
originally approved plans and specifications. Nothing contained herein shall be construed to limit the
rtght of an Owner to remodel the interior of that Owner's residence or to paint or decorate the interior of
that Owner's residence any color desired.
Section 5. Procedure. If the Architectural Control Committee fails to approve or disapprove
plans and specifications within thirty (30) days after the submission of the same to it, approval will be
deemed to have been granted. In the event of disapproval by the Architectural Control Committee, the
requesting Owner may give written notice that the Owner wishes to appeal the Architectural Control
Committee decision and request a hearing by the Association's Board of Directors. Such notice must be
furnished to the Architectural Control Committee within ten (to) days of its decision. The hearirTg shalt
be at a special meeting of the Board of Directors to be held within thirty (30) days of the receipt of the
Owner's notice of appeal.
Section 6. Removal and Abatement. The Architectural Control Committee or the Association
shall have the right to order an Owner to remove or alter any structure on any Lot erected in violation of
the terms of this Declaration, and to employ appropriate judicial proceedings to compel the alteration or
demolition of any non-conforming construction or other violation. Any cost incurred by the Architectural
Control Committee in enforcing this section shall be levied as an Individual Lot Maintenance
Assessment as provided in Article V.
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Section 7. Variances. Reasonable variances to the covenants, conditions and restrictions may
be granted by the Architectural Control Committee after review, in order to overcome practical difficulties
or to prevent unnecessary hardship. A variance may only be granted if it is not detrimental to other
property and shall not defeat the purpose of this Declaration.
ARTICLE VII
RESERVED RIGHTS OF DECLARANT IN THE COMMON AREAS
Declarant shall, so long as a Class B Membership exists, have the following rights in the
Common Areas:
(a) To create or grant easements over and across the Common Areas (except that part of the
Common Areas which are located in the public right-of-way) which Declarant deems necessary
to complete any residential development on any portion of the Property.
(b) At Declarant's expense, to construct improvements over, across and upon the Common
Areas.
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ARTICLE VIII
PROPERTY RIGHTS IN THE COMMON AREA
Section 1. Taxes and Special Assessments on Common Area. Any taxes and special
assessments that would normally be levied against the Common Area shall be divided and levied in
equal amounts against the Lots or as the governmental taxing authorities shall determine, which levies
shall be a lien against such individual Lots.
ARTICLE IX
INSURANCE
Section 1. Liability Insurance; Fidelity Bonds. The Board of Directors of the Association, or
its duly authorized agent, may obtain a broad form of public liability insurance covering all of the
Common Areas insuring the Association, with such limits of liability as the Association shall determine to
be necessary. Such insurance policy shall contain a "severability of interest" clause which shaH preclude
the insurer from denying the claim of an owner because of the negligence of the Association or other
Owner. Any policy or bond contained hereunder shall provide that it may not be canceled or
substantially modified (including cancellation for non-payment of premium) without at least thirty (30)
days' prior written notice to First Mortgagees.
Section 2. Casualty Insurance on Insurable Common Area. The Association may keep all
insurable improvements and fixtures on the Common Areas insured against loss or damage by fire for
the full insurance replacement cost thereof, and may obtain insurance against such other hazards and
casualties as the Association may deem desirable. The Association may also insure any other property
whether real or personal, owned by the Association, against loss or damage by fire and such other
hazards as the Association may deem desirable, with the Association as the owner and beneficiary of
such insurance. The insurance coverage with respect to the Common Areas shall be written in the name
of, and the proceeds thereof shall be payable to, the Association for the repair or replacement of the
property for which the insurance was carried. Premiums for all insurance carried by the Association are
common expenses included in the annual assessments.
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Section 3. Replacement or Repairs of Common Area. In the event of damage to or
destruction of any part of the Common Areas, the Association shall repair or replace the same from the
insurance proceeds available. If such insurance proceeds are insufficient to cover the cost of
repair or replacement of the property damaged or destroyed, the Association may make a reconstruction
assessment against all Owners to cover the additional cost of repair or replacement not covered by the
insurance proceeds, in addition to any other assessments made against such Owners. Any
reconstruction assessed hereun.der shall be adopted in accordance with the procedures set forth in
Article V of this Declaration with respect to annual assessments and special assessments, as therein
provided, and the lien of any reconstruction assessment levied hereunder shall be subordinate to the lien
of any Mortgage, in the same manner and to the same extent as the subordination of annual
assessments and special assessments, as provided in Article V of this Declaration.
Section 4. Annual Review of Policies. All insurance policies shall be reviewed at least
annually by the Board of Directors in order to ascertain whether the coverage contained in the policies is
sufficient to make any necessary repairs or replacements to the Common Areas which may have been
damaged or destroyed.
ARTICLE X
PROHIBITED USES AND ARCHITECTURAL STANDARDS
-"-- Section 1. Use. No Lot shall be used except for residential purposes (except for
in-home occupations as defined and permitted by the City in single family residential districts) as
permitted by this Article X, Section 4.
Section 2. Subdivision. No Lot shall be subdivided or split by any means whatsoever
into any greater number of residential Lots, nor into any residential plots of smaller size without the
express written consent of the City.
Section 3. Standards. All uses of the Lots shall, as a minimum, comply with the z9ning
and other applicable ordinances and regulations of the City and the State. The standards herein
contained shall be considered as requirements in addition to said zoning and other applicable
ordinances and regulations. If a conflict arises between the standards herein contained and the City and
State ordinances and regulations, the stricter standards shall be imposed.
Section 4. Homes. All homes shall be designed to be sensitive to and compatible with
the surrounding homes with respect to architectural style, materials, colors, textures, building orientation,
garage and driveway placements, building height, mass, roof pitch and air conditioning, utility meter and
chimney locations. All homes shall be designed to present attractive facades on all four (4) sides of the
building. The design features on each facade should incorporate features that have been utilized
throughout the building to reflect an integrated design. All homes must include a plaque approved by
the Architectural Control Committee with the address clearly identified. This plaque must include only
the street address and must be approximately six (6) inches high by fourteen (14) inches wide. All
plaques must be of a uniform size, material, color, font and style. They must be placed at or near the
front entrance in a lighted location that is visible and legible from the street. No other informational signs
are allowed without the review and approval of the Architectural Control Committee, except that one "for
sale" sign may be placed on a Lot by an Owner or the Declarant without Architectural Control Committee
approval. The following architectural standards shall apply to each Lot and no variances shall be
allowed from these architectural standards without Architectural Control Committee approval.
(a) Walls. Wing-walls serving as architectural extensions of the building, directional and
screening walls, terrace and retaining walls are all allowed where appropriate and needed. . The use of
low retaining walls to preserve existing trees and natural vegetation is encouraged. Individual wall faces
may not exceed 4-feet in height. Retaining walls may be terraced and must be properly designed and
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engineered. Walls must be architecturally compatible in form, materials and appearance
with the surrounding homes, landscaping, natural areas and other walls. Retaining walls are encouraged
to be constructed from natural boulders (1'6" to 3'6" rounded/irregular shaped), stone or brick.
Wing-walls, directional and screening walls may be of the same brick, stone or stucco materials used in
the building. Modular interlocking concrete walls and walls made of other materials may be allowed in
private areas. The use of modular interlocking concrete walls in other locations is subject to review and
approval by the Architectural Control Committee. Concrete block walls and timber walls are not allowed.
(b) Fences. Fences may be allowed where appropriate and necessary for screening,
security, containment of aesthetic purposes subject to compliance with local ordinances and the review
and approval of the Architectural Control Committee. Fences must be of high quality construction and
materials. All fences must be designed to be architecturally compatible with the homes and
surroundings. Fences may not be higher than six (6) feet above grade (average height) except that
ornamental post finials may extend six (6) inches above the top of the fence. All fences must be kept in
good repair. Fences longer than fifty (50) feet must include landscape plantings to reduce the visual
length of the fence. Chain link fence, dog runs, and dog houses will be discouraged in areas visible from
the public street, however, they may be allowed after review by the Architectural Control Committee,
which may require screening or other mitigation.
.-"-- (c) Gazebos, Permanent Detached Screen Enclosures. Gazebos, permanent detached
screen enclosures, and other similar structures are encouraged to be located in yard areas that are not
visible from the public street. They may be allowed in other parts of the yard subject to review and
approval by the Architectural Control Committee.
(d) Swimming Pools, Hot Tubs and Whirlpools. Swimming pools, hot tubs and
whirlpools are allowed only in the private portions of the yard that are screened by landscaping or not
visible from the public street. Swimming pools must be permanent and of in-the-ground construction.
Pool mechanical systems and storage (filters, heater, etc.) must be enclosed, screened by landscaping
or in a buried vault located in the private area and not visible from the public street. All such pools, tubs,
and spas must be no closer than twenty (20) feet from a common lot line and must meet all codes
including provisions for security and fencing.
(e) Landscape Structures, Benches, Outdoor Statuary. Pergolas, shade structures,
trellises, benches, ornamental garden pools and small fountains and other garden structures are
encouraged to be located in private areas that are not visible to the public. The design of any such
structure should be highly related to the architectural style of the home and compatible with the
surroundings. Such structures may be allowed in other parts of the yard subject to review and approval
by the Architectural Control Committee. Outdoor statuary or art work may be allowed only in the areas
that are not visible from the public street, unless approved by the Architectural Control Committee.
Potentially controversial works or structures must be setback to a minimum of twenty (20) feet from all
common lot lines and screened.
(f) Accessory Structures. Storage buildings, pool mechanical enclosures, and children's
clubhouses may be allowed in areas that are not visible from the public street and shall be subject to
review and approval of the Architectural Control Committee. The design of any such structure must be
highly related to the architectural style of the home and compatible with the surroundings. Such
structures must be no closer than twenty (20) feet from all common lot lines and screened by
landscaping. Tree houses are not allowed.
(g) Children's Play Equipment and Outdoor Recreation Facilities. Children's play
equipment, basketball backstops and standards, trampolines and other similar outdoor recreational
features are only allowed in private yard areas that are not visible from the public street. Any such
structure must be no closer than ten (10) feet from all common lot lines and screened by landscaping.
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(h) Satellite Dishes and Any Other Antennae. No satellite dishes in excess of 24" in
diameter, exterior antennae, aerials, towers, or any other similar devices for transmitting or receiving
radio, television, microwave, laser or other electro-magnetic signals are allowed anywhere on the Lots.
Satellite dishes 24" in diameter or less are allowed in locations that are not apparent to the public unless
a written variance is granted by the Architectural Committee.
(i) Solar Collectors. Solar collectors are only allowed in locations that are not visible
from the public streets.
0) Trash and Recyclable Storage. Trash and recyclable storage must be enclosed or
not visible to the public except on trash pick-up days.
(k) Woodpiles. Logs, split-logs, and kindling may not be stored in the front yard, or in
a portion of a side yard viewable from the public street. Any such woodpile must be kept in a neat and
stable condition. Wood may not be stacked in a location or manner that will cause damage to any other
structure (fence, house, etc.). The wood in all woodpiles must meet all State and local regulations and
best disease management practices.
(I) Mailboxes. The Declarant may install mailboxes of a design approved by the
Architectural Control Committee. Owners may not change this design or add additional attachments
(such as newspaper tubes) to the mailboxes or mailbox posts without approval of the Architectural
Control Committee. The Association reserves the right to remove any attachments without notice.
(m) Signs. No sign of any kind shall be displayed to the public view on any Lot except
one sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by a
builder or Declarant to advertise the property during the construction and sales period. This restriction
shall not apply to permanent entrance monuments which may be approved by the City and erected by
the Declarant or the Owners Association.
Section 5. Landscaping. Preserving, protecting and maintaining as much of the existing
woods and natural areas is encouraged as a means of reducing the impact of development on the
existing wildlife and their habitat. The removal of any existing healthy trees over eight (8) caliper inches
in size or areas of natural plantings must comply with all appropriate city codes. The use of native trees
and shrubs is to be encouraged where appropriate. Each initial Owner shall submit a landscaping plan
for the subject Lot. As part of the approval process, Owners of Lots and their representatives or builders
will be required to submit complete landscaping plans and make adequate provisions for landscaping
costs in their overall construction budget to accomplish the following:
(a) Minimize disruption from grading operations.
(b) Revegetate and restore ground cover to improve appearance and to reduce erosion.
(c) Use indigenous species of plant materials as approved by the Declarant.
(d) Use existing or natural drainage ways whenever possible.
(e) Conserve and protect topsoil rock formations, and unique landscaping features.
Section 6. Pets and Animals. No birds, animals or insects shall be kept on any Lot except
that dogs, cats and other common house pets may be kept provided that they are not kept, bred or
maintained for any commercial purposes. Dog kennels are prohibited except when they meet the
following requirements: exterior dog kennels or runs shall be located so as to be screened from streets
and from neighboring Lots. The fencing or outside run area shall be adjacent to the main structure and
shall not exceed 80 square feet in fenced area with a maximum six (6) foot high fence. Dog kennel plans
shall be submitted for approval by the Architectural Control Committee.
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Section 7. Nuisances. No clothes line or drying yards or pet control lines shall be permitted
unless concealed by hedges or screening acceptable to the Architectural Control Committee. No weeds,
or other unsightly growth shall be permitted to grow or remain upon the premises. No refuse pile or
unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon. In the event that
an owner of any Lot shall fail or refuse to keep such premises free from weeds, refuse piles or other
unsightly growths of objects, then the Declarant or the Association may enter upon such lands and
remove the same at the expense of the owner and such entry shall not be deemed as trespass and in the
event of such a removal, a lien shall arise and be created in favor of the Association and against such
Lot for the full amount chargeable to such Lot and such amount shall be due and payable within thirty
(30) days after the owner is billed therefor. No Lot shall be used in whole or in part for the storage of
rubbish of any character whatsoever, nor for the storage of any property or thing that will cause such Lot
to appear in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance,
thing, or material be kept on any Lot that will emit foul or obnoxious odors, or that will cause any noise
that will or might disturb the peace, quiet, comfort, or serenity of the occupants of surrounding property.
The outside storage of an unlicensed or inoperable motor vehicle upon the premises shall also be
considered a nuisance.
Section 8. Storage. Overnight outside storage of any items, including but without limiting the
generality of the foregoing, sporting equipment, toys, yard and garden tools and equipment and trash
and garbage containers shall not be allowed unless effectively screened from view outside the Lot. The
design of any screening enclosures must be approved by the Architectural Control Committee. No boats,
inoperable automobiles, snowmobiles, trailers, camping vehicles, tractorsltrai1ers, or trucks in excess of
9,000 pounds gross weight, shall at any time be stored or parked on any Lot outside of a garage or on
public streets within the Property without the express written approval of the Architectural Control
Committee which approval may be withheld without stated reason. This provision shall not exclude the
temporary storage on the driveway for a period not to exceed 72 hours.
Section 9. Leasing. Any lease between an Owner and a non-Owner occupant shall be in
writing and shall provide that the terms of the lease shall be subject in all respects to the provisions of
the Association, and shall provide that any failure by the non-Owner occupant to comply with the terms of
such documents shall be a default under the lease. Other than the foregoing, there shall be no
restrictions on the use of a Living Unit by a non-Owner occupant.
Section 10. Storage Tanks. No permanent storage tanks of any kind shall be erected, placed
or permitted on any Lot unless buried or effectively screened from view outside the Lot.
Section 11. Temporary Structures. No structure of temporary character, trailer, basement,
tent, shack, garage, barn or other building shall be used on any Lot at any time as a residence, either
temporarily or permanently.
Section 12. Auxiliary Structures. Unless expressly authorized in this Declaration no detached
structures shall be permitted unless design and location of same shall be approved by the Architectural
Control Committee.
ARTICLE XI
CITY STIPULATIONS
The Subject Property shall hereafter be held and conveyed subject to the following restrictions
which were stipulations of the lot division approval by the City of Shorewood:
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1. The Declarant will install a storm water facility on Outlot A. The maintenance of this facility
shall be the responsibility of the City of Shorewood. The declarant will grant an easement for
maintenance of this storm water facility and utilities as described in Exhibit A.
2. Docks for lots 5 and 6 shall be located within 50 feet from the southeast side property line of
each respective lot and shall extend no more than 20 feet perpendicular to the shore of Christmas Lake.
3. An easement for utility, drainage and roadway purposes, being 20 feet in width from the shore
of Christmas Lake, is hereby reserved over the southwesterly 20 feet of lot 6 block 1, Christmas Shore
beginning at the southwesterly corner of Lot 6, Block 1 Christmas Shore which is also the right of way
line of Christmas Lake Road, thence proceeding southeasterly along the shoreline of Christmas Lake to
a point lying 20 feet southeast of the overflow dam of Christmas Lake. The purpose of this easement is
to provide access for city maintenance of the outlet of Christmas Lake and is not intended for use as
public access or right of way to Christmas Lake.
ARTICLE XII
OWNER'S DUTIES
Section 1. Mailboxes. Each Owner shall maintain a mailbox of the design and type initially
sefected and installed by the Declarant or as on file with the Association. The mailboxes shall be on the
public right-of-way, and may be located in groups of two (2) or more. The Association reserves the right
to levy an Individual Lot Maintenance Assessment against a Lot, pursuant to the provisions of Section 4,
Article V hereof, should an Owner fail to maintain the mailboxes.
Section 2. Maintenance and Repair. In order to preserve the uniform and high-standard
appearance of the Property, each Owner undertakes responsibility for maintenance and repair of the
exterior of his Living Unit, private yard area and private driveway on the Lot. Such responsibility for
maintaining the Lot and improvements thereon shall include, but not be limited to, the following:
the maintenance and repair of exterior surfaces of all buildings on the Lot, including without
limitation, the painting of the same as often as necessary, the replacement of trim and caulking, the
maintenance of repair of roofs, gutters, down spouts and overhangs, the maintenance and repair of
exterior windows and doors, necessary painting, staining and repair of patio structures in maintaining
private yard areas and private driveways and Owner shall be required to mow, trim, water or otherwise
care for grass, trees or other plants located on a Lot and shall be required to remove snow from the
private driveways, parking areas and walkways to the Living Unit. Maintenance, painting and
construction shall be in the original colors and materials, or according to approved colors on fife with the
Association. Other colors and materials may be approved by the Architectural Control Committee.
Section 3. Completion of Construction of Improvements. All construction work shall, upon approval
of plans by the Architectural Control Committee, be carried on with dispatch; all improvements shall be
constructed in conformity with the then existing building codes of the City; and all building plans shall be
prepared by or under the supervision of a registered architect, a builder or a qualified design
professional. If any structure is begun after approval of the plans as provided in Article VI and is not
completed within one (1) year after the commencement of said construction, or if the landscaping is not
completed in accordance with the plan approved pursuant to Article VI, Section 2, within six (6) months
of the issuance by the City of the certificate of occupancy for the structure, and in the judgment of the
Developer or the Architectural Control Committee, it is offensive or unsightly in appearance, the
Developer or the Architectural Control Committee, may take such steps as may be necessary to make
the Lot harmonious with other properties, such steps including completion of the exterior of the structure,
screening or covering the structure or any combination thereof, or similar operations. The amount of any
expenditure made in so doing shall be the personal, joint and several obligation of the Owner or Owners
and shall be a lien on the Lot and may be foreclosed in the same manner as provided in Article V.
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The lien herein shall not be valid as against a subsequent bona fide purchaser of the Lot in question
unless a statement setting forth the claim has been filed for record in the office of the County Recorder
and/or Registrar of Titles of Hennepin County, whichever is appropriate, or unless a suit and appropriate
Lis Pendens to foreclose the lien shall have been filed of record in the office of the County Recorder
and/or Registrar of Titles of Hennepin County prior to the recordation of the Deed conveying the Lot in
question ~o said purchaser.
Section 4. Trash and Mud Control. During the construction period of any home and
landscaping in Christmas Shore, the builder will be responsible to prevent the deposition of mud and
trash on adjacent properties and public streets. In the event trash or mud is blown or carried into
adjacent properties or public streets, the home builder shall be responsible to remove such trash or mud
daily. In the event the Declarant is required to clean up after building contractors, upon receipt of orders
from the City of Shorewood, the amount of such removal shall be billed to the builder or Owner
responsible. If it is impossible to determine who is responsible, the charge will be divided equally
between the Lots upon which building or grading is being done until the driveway and sodding or seeding
are complete. This cleaning charge will become a lienable charge. The purpose of this covenant is to
encourage builders to exercise care to keep Christmas Shore free of mud and debris and to encourage
builders to help each other in maintaining a clean neighborhood.
~- Section 5. Notice of Violation. The Association shall give its Members seven (7) days' written
notice of any violation of the provisions contained within this Article XII. This notice shall be given by
certified mail, addressed to the Member at the property address of the Lot in question and shall specify in
reasonable detail the nature of the violation. In the event that the violation is not corrected within this
seven (7) day period, then the Association shall be entitled to utilize all remedies as provided for in this
Declaration. Notwithstanding the above language, the Association shall not be required to provide
notice of violation if, in the Associations reasonable judgment, the Association believes that the
violations could cause immediate and irreparable harm to the Association or its Members if the remedies
provided for in this Declaration are not immediately invoked.
ARTICLE XIII
GENERAL PROVISIONS
Section 1. Association Easement. The Association shall have an easement to enter upon any
Lot in order to perform any obligations or duties of the Association hereunder, or to exercise any right or
remedy of the Association hereunder.
Section 2. Owner's Easements of Enjoyment. Every Owner shall have a right and easement
of quiet enjoyment in and to the Common Area as defined in Article I which shall be appurtenant to and
shall pass with the title to every Lot, subject to the following provisions:
(a) The right of the Association to suspend the voting rights of an Owner for any period during
which any assessment against his/her Lot remains unpaid or for a period not to exceed sixty (60)
days for any infraction of it's published rules and regulations.
(b) The right of the Association to dedicate and transfer all or any part of the Common Area to
any public agency, authority or utility, for such purposes and subject to conditions as may be
agreed upon by the Members.
No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3)
of the Members of each class (Class A and Class B) entitled to cast votes has been recorded.
No rights of any kind are hereby granted to the general public, and this easement shall not be
deemed to create any such rights, nor shall it be deemed to create a public park or five any
rights to the public to use the easement area as a public park or otherwise.
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(c) Any Owner may delegate, in accordance with the Bylaws, his/her right of enjoyment to the
Common Area and facilities to the members of his/her family, his/her tenants, or contract
purchasers who reside on the Property.
Section 3. Duration of Declaration of Covenants, Restrictions and Easements. The
covenants, restrictions, and easements of this Declaration shaff run with and bind the land and shaff
inure to the benefit of and be enforceable by the Association or the Owner of any Lot subject to this
Declaration, or their respective legal representatives, heirs, successors and assigns. The easements set
forth herein shaff be perpetual. The covenants and restrictions herein set forth shaff have a term of ten
(10) years from the date this Declaration is recorded, after which time, said covenants and restrictions
shall be automatically renewed for successive periods of ten (10) years. The covenants and restrictions
of this Declaration may be amended during the first ten (10) year period by an instrument signed by not
less than seventy-five percent (75%) of the Owners and thereafter by an instrument signed by not less
than sixty-seven percent (67%) of the Owners. Any amendment must be properly recorded.
Section 4. Enforcement In the event any Owner fails to comply with the provisions of
this Declaration, or the Bylaws or Articles of Incorporation of the Association or with decisions of the
Association which are made pursuant thereto, such failure wiff give rise to a cause of action on the part
of the Association, or any aggrieved Owner for the recovery of damages, including reasonable attorneys
fees, or for injunctive relief, or both. Owners shaff have a similar right of action against the Association.
Enforcement of these covenants and restrictions may be by any proceeding at law or in equity.
Section 5. Severability. Invalidation of any of these covenants or restrictions by
judgment or court order shaff in no way affect any other provision which shaff remain in tuff force and
effect.
Section 6. Rules and Regulations. The Board of Directors of the Association may, from
time to time, adopt such rules and regulations as the Board, in its sole discretion, deems appropriate or
necessary, including, without limiting the generality of the foregoing, additional rules and regulations
concerning the use of parking areas, maintenance of the Common Areas and additional rules and
regulations concerning the appearance of each Lot and utilization of ponding areas.
Section 7. Rights of Declarant. Until the last Lot is sold and conveyed to an Owner
other than the Declarant, the following activities by Declarant or with the written consent of Declarant will
not be deemed violations of restrictions contained in this Declaration:
(a) the use of a Lot or Lots for model and sales office purposes;
(b) the storage of a construction trailer, equipment, materials and earth during the
construction of new Living Units;
(c) the display of signs advertising the Property, or new Living Units and the
maintenance of temporary fencing, walkways, landscaping and berming in the vicinity of
model and sales units.
ARTICLE XIV
RIGHTS OF MORTGAGEES
Section 1. Mortgagee's Rights. Notwithstanding any other provisions of this Declaration, the
Articles of Incorporation or the Bylaws of the Association, the provisions of this Article XIV shaff control.
Section 2. Notice of Default. Any Mortgagee holding a first Mortgage on a Lot, and who shaff
have previously filed a written request with the Association, shaff 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
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of any assessments or the performance of any other duties or obligations herein set forth which
shaff 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 coffection of such assessment or remedies available to the Association on account
of such default.
Section 3. Consent Required. Without the prior written approval of sixty-six percent (66%) of
the holders of mortgage liens against all Lots, the Association shall not be entitled to:
(a) by act or omission, seek to abandon, partition, 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, dues or other
charges which may be levied against a Lot;
(c) by act or omission, change, waive or abandon the scheme or exterior and
architectural controls, as above set forth.
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IN WITNESS WHEREOF, the Declarant has executed this Declaration of Covenants, Conditions and
Restrictions this _ day of , 1998.
DECLARANT
Keith Waters and Associates, Inc.
6216 Baker Road, Suite # 110
Eden Prairie, MN 55346
By:
Keith Waters, It's President
STATE OF MINNESOTA )
)ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _ day of , 1998
by Keith Waters, President of Keith Waters and Associates, Inc., a Minnesota corporation, on behalf of
the corporation.
Notary Public
Signature of person taking acknowledgment
The City of Shorewood is a signature on this document. No changes may be made to the
following Articles of this document without the express written consent of the City of Shorewood:
Article X, Section 1,2 and 3.
Article XI in it's entirety.
Exhibit A in it's entirety.
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IN WITNESS WHEREOF, ..:r;;W\ ~("~ ' the ~~Dr of
the City of Shorewood, a Minnesota municipal coporation s executed this Declara ion of Covenants,
Conditions and Restrictions, on behalf of the corporation this /9 day of to {I i1"lbJ~ I
1998.
:~~0(~OD
It's ~in( ?
;,/
STATE OF MINNESOTA ]
] SS
COUNTY OF HENNEPIN
The lo~oing -iQstrumen! was acknowledged before me this /"1 day 01 tll!.--l-o.b.Af ,
1998 by ~ naj., I ~9 I the /nO~)'-Y of The City of Shorewood
on behalf of the municipal corporation. U
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Notary PUbliC' . . ..... .-' . , . .. #-.
Signature of person taking acknowledgment
,.
THIS INSTRUMENT WAS DRAFTE?O BY:
Winthrop & Weinstine, P.A.
3000 Oain Raushcer Plaza
60 South Sixth Street
Minneapolis, Minnesota 55402
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EXHIBIT A
STORM WATER FACILITY MAINTENANCE AGREEMENT
WHEREAS, Declarant will install a Storm Water Ponding facility and public utilities on the property
which is the subject of this Agreement and which is legally described as:
Outlot A, Christmas Shore, Hennepin County, Minnesota.
NOW THEREFOR IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES:
1. The City of Shorewood will accept the responsibility for maintenance of any storm water ponding
facility and public utilities installed by the Declarant upon Outlot A, and upon completion, accepted by the
City of Shorewood.
2. 'lhe Declarant or it's assigns will maintain any landscaping, trees, signs or other facilities installed
uponOutlot A other than such storm water ponding facilities and public utilities described in 1 above.
3. This Agreement is binding on the Declarant, it's heirs successors and/or assigns and the City of
Shorewood. The assigns for the Declarant will be:
Christmas Shore Homeowners Association.