98-073
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CITY OF SHOREWOOD
RESOLUTION NO. 98-073
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 betransferred 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 such amendment to
the Development Agreement on behalf of the City Council.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th
day of July, 1998.
ATTEST:
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FIRST AMENDMENT TO CITIES OF SHOREWOOD AND DEEPHA VEN
DEVELOPMENT AGREEMENT R BOWMAN SECOND ADDITION
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This Agreement is made this :A 1 day of , 1998 by and between the
City of Shorewood, (hereinafter referred to as "S rew d"), the City of Deephaven, (hereinafter
referred to as "Deephaven"), each a Minnesota municipal corporation, and Richard A. Bowman,
(hereinafter referred to as "Bowman").
WHEREAS, Shorewood, Deephaven, and Bowman entered into a Development
Agreement made as of the 12th day of April, 1995 pertaining to R Bowman Second Addition;
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, an error occurred in the drafting of paragraph 4 whereby reference was
made to Lot 1, Block 1 R Bowman Second Addition rather than Lot 1, Block 1 R. Bowman
Addition.
NOW, THEREFORE, in consideration of the foregoing premises, the parties agree as
follows:
1 . Paragraph 4 of the Development 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 . Except as amended herein the Development Agreement shall remain in force and
effect.
3. This Agreement may be simultaneously executed in several counterparts, each of
which shall be an original, and all of which will constitute but one in the same instrument.
CITY OF SHOREWOOD
By
By
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CITY OF DEEPHA VEN
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Its: Mayor
B~'(j}( ~r;t
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By
DEVELOPER
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Richard A. Bowman
By
STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
. On this ~ 1 day of ::J' uQ <Pr ' 1998, before me, a Notary Publlc wIthin
and for said County, personally appeare om 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 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 Mayor and City Administrator
acknowledged said instrument to be the free act and deed of said corporation.
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I THERESA L. NAAB I
NOTARY PUBUC.MINNESOTA
My Commission Expires Jan. 31. 2000
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Notary Public
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ,,? day of (i l~{JiL~ ,1998, befW/>;llle, a Notary Publlc within
for s . d Coun ~ erson ly appe . ed 'o/J1f-( Da /'0 ~eAfl1s and
. to me personally known, who, being each by me duly
sworn, did say that they e res ctively the Mayor and City Clerk of the City of Deephaven, and
that said instrument was igned and sealed on behalf of said corporation by authority of its City
Council, and said Mayor and City A.dministrator acknowledged said instrument to be the free act
and deed of said corporation.
BARBARA J. SIKORSKI
NOTARY PUBLIC. MINNESOTA J
MY COMMISSION EXPIRESt
JANUAR),,,:~_~:UO ~
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN )
On thisL day of /ft.,c t. J , 1998, before me, a Notary Public within
and for said County, personally appear d Richard A. Bowman, married, described in and who
executed the foregoing instrument and acknowledged that he executed the same as his free act and
deed.
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THERESA L. NAAB I
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan 31,2000
",N\fI,N\NININ'I.
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Notary Public
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CONSENT
Terri Bowman, spouse to Richard A. Bowman, hereby consents to the above amendment.
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c:ri1e Bowman ............
STATEOFMINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this-IL- day of A-u, J , 1998, before me, a Notary Public within
and for said County, personally appeared Terri Bowman, spouse to Richard A. Bowman,
described in and who executed the foregoing instrument and acknowledged that he executed the
same as his free act and deed.
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Notary Public
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THERESA L NAAB I
NOTARY PUBUC.IIINNESOTA
lAy Commission expires Jan. 31, 2000
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THIS INSTRUMENT WAS DRAFTED BY:
LANG, PAULY, GREGERSON & ROSOW, LTD.
Richard F. Rosow, Esq.
1600 Park Building
650 Third Avenue South
Minneapolis, MN 55402
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