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98-054 . . . CITY OF SHOREWOOD RESOLUTION NO. 98-054 A RESOLUTION APPROVING THE FINAL PLAT OF MARY LAKE WOODS WHEREAS, the final plat of Mary Lake Woods has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1 . That the plat of Mary Lake Woods is hereby approved. 2. That the Mayor and City Clerk are hereby authorized to execute the Certificate of Approval for the plat and the Development Agreement, attached hereto and made a part hereof, on behalf of the City Council. 3 . That this final plat and the Development Agreement attached hereto shall be filed and recorded within (thirty) 30 days of the Developer's receipt of this Resolution. BE IT FURTHER RESOLVED that the execution of the Certificate upon said plat by the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of May, 1998. ATTEST: . CITY OF SHOREWOOD DEVELOPMENT AGREEMENT MARY LAKE WOODS . THIS AGRE~ENT, made this 22nd day of July , 1998, by and between the CITY OF SHOREWQOD, a Minnesota municipal corporation, hereinafter referred to as the "City", and JAMES C. WYMAN AND KATHL YN R. WYMAN, husband and wife, 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 eight (8) single- family residential lots and one (1) outlot; and 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 2 December 1997, and at a meeting of the City Council on 15 December 1997; and WHEREAS upon recommendation of the City Planning Commission, the City Council did consider and grant preliminary plat approval as set forth in Resolution No. 97-115; and WHEREAS, the Developer has filed with the City the Final Plat for "Mary Lake Woods", a copy of which plat is attached hereto and made a part hereof as Exhibit B-1, and B-2; NOW, THEREFORE, in consideration of the mutual covenants and guarantees contained herein, the parties hereto agree as follows: 1) Conditions of Approval - The Developer shall comply with the conditions of approval as adopted by the City Council and set forth in Resolution No. 97-115, incorporated herein as Exhibit C. In addition, development of the property is subject to the requirements of the R-IA, Single-Family Residential 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) Wetland buffer/Setback: 50 feet 50 feet 10 feet 50 feet 35/15 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. 1 . (03) Use of Outlot within the plat: Outlot A shall be owned and maintained by the owner of Lot 7, Block 1. The Developer may grant pedestrian easements to the owners of Lots 1-6 and Lot 8 for access to Mary Lake. (04) The Developer shall comply with the requirements of Shorewood's wetland code (Chapter 1102) and the Wetlands Conservation Act of 1991 [Minn. Stat. 1030.221 et. seq. (hereinafter referred to as the WCA)]. It is the intent of this agreement that areas adjacent to wetlands be maintained in their natural state. . (a) A minimum 35-foot buffer strip shall be maintained adjacent to all wetlands. (b) Natural vegetation shall be maintained in wetland buffer strips. Where disturbed by site development, wetland buffer strips shall be restored with natural vegetation. (c ) Wetland buffer strips shall be identified within each lot by permanent monumentation approved by the City. (d) A monument is required at each lot line where it crosses a wetland buffer strip and as necessary to establish required setbacks from the wetland buffer strip. Monuments shall be placed within 60 days of completion of site grading or prior to issuance of a building permit, whichever occurs first. (e) The Developer shall record with the Hennepin County Recorder or Registrar of Titles, a notice of the wetland buffer requirement against the title of each lot with a required wetland buffer strip. (f) No structures, including, but not limited to, decks, patios, and play equipment may be located in the wetland buffer strip or the required wetland setback area, except that fences shall be allowed within the wetland setback area. 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: (01) 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 Schoell & Madsen, Inc., dated 5 May 1998, and received and approved by the City Engineer. . 2 . 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. 3.) Final Plat. Grading. Drainage and Utility Plan. Building Plan - The Developer has filed with the City Clerk the final plat titled Mary Lake Woods for the development of the Subject Property. Said plat is attached hereto and made a part hereof as Exhibit B-1 and B-2. 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. 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. 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 1 October 1998. The final lift of asphalt shall be completed by 1 July 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 . 3 . Minnehaha Creek Watershed District, and thereafter promptly assign said easements to the City. 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 and delineation of the wetland buffer areas. 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. 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 washing, flooding, sedimentation and erosion of lands and streets within and outside the plat during all phases of construction. Developer shall keep all streets within, and adjacent to, the plat free of all dirt and debris resulting from construction therein by the Developer, its agents or assignees. 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 - Developer shall provide reasonable access, 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 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 recommend that the improvements be accepted by the City. . 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 4 . 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, and all other items disturbed during construction. 20.) Reimbursement of Costs - The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of 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. . 22.) Surety for Improvements - Deposit or Letter of Credit - For the purpose of assuring and guaranteeing to the City that the improvements to be constructed, installed and furnished by the Developer as set forth in paragraph 2 above, shall be constructed, installed and furnished according to the terms of this Agreement, and to ensure that the Developer 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. 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 . 5 . 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 $7000 ($1000 for each lot) as local sanitary sewer access charges. Credit has been given for Lot 7, 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 $7000 ($1000 for each lot) for the Park Fund. Credit has been given for Lot 7, 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 Keenan & Sveivan. Inc. dated January , 1998 ("Plan"). . 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. As partial security for its obligation under this paragraph 27, the Developer agrees that prior to the issuance of ,:;ach 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. 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, Minnesota 55331 With a Copy to: Shorewood City Attorney c/o Kennedy & Graven, Chartered 470 Pillsbury Center 200 So. Sixth Street Minneapolis, MN 55402 . 6 . To the Developer: James and Kathlyn Wyman 24020 Yellowstone Trail Shorewood, MN 55331 . 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. 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 Declaration shall include the City as a signatory thereto, for review and approval by the City prior to recording. . 32.) Remedies Upon Default- (01) Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained and such default shall not have been cured within thirty (30) days after receipt by the Developer of written notice thereof, the City may cause any of the improvements described in paragraph 2 above to be constructed and installed or may take action to cure such other default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City to be recovered as a special assessment under Minnesota Statutes Chapter 429, in which case the Developer agrees to pay the entire amount of such assessment within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the S tate of Minnesota. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes Chapter 429 shall be and hereby are waived in their entirety, 7 . and the Developer shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. (02) Performance Guaranty. In addition to the foregoing, the City may also institute legal action against the Developer or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay, or reimburse the City for: (a) The cost of completing the construction of the improvements described in paragraph 2 above. (b) The cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. (c) The cost of reasonable engineering, legal and administrative . expenses incurred by the City in enforcing and administering this Agreement. (03) 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 of the 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. . (b) 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 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 $1000 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. 8 . (03) Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to abate violations of this Agreement, or to prevent use or occupancy of the proposed dwellings. 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. 34.) Severability - In the event any provisions of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 35.) Execution of Counterparts - This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 36.) Construction - This Agreement shall be construed in accordance with the laws of the State of Minnesota. 37.) Successors and Assigns - It is agreed by and between the parties hereto that the Agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. . . 9 STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this 3atLdayof (JU~1./ , 1998, before me, a Notary Public within and for said County, periOnally 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/Clerk acknowledged said instrument to be the free act and deed of said cqworation. ,_w#~~~; .. ~~~Vt,,"v""#''''i''\A.4\J\.A}~uA:f:-i''I\!\Nvvv. DEVELOPER . ~~~~ J es C. Wyman K~'uJ~ . CITY OF SHOREWOOD By: Its: ~0~ Notary Public STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this ~f}rd day of ;J;;.Q~ ' 1998, before me, within and for said County, personally appeared James C. yman and Kathlyn R. Wyman, the Developer, described in and who executed the foregoing instrument and acknowledged that it executed the same as its free act and deed. .N....N.4!'..N."Y"AYA...,JN.t'-....".N.........rA....Y>>. I THERESA L. NAAB I . NOTARY PUBLIC-MINNESOTA My Commission Expires Jan. 31.2000 . . THIS INSTRUMENT WAS DRAFTED BY: Shorewood Planning Department . EDITED BY: Kennedy & Graven, Chartered 470 Pillsbury Center 200 So. Sixth Street Minneapolis, MN 55402 (JBD) ~JJ- Notary Public 10 . . . "Ov..... 0' c~o:cg o 0'- at.- 0 m o~ en"Om '" ~ 0.....0:5 ~'O '" _ ~~en......>. ...... ...... 0 0 0...... ..3~i?"Ozoc-l5 :=-oJC 0 0......0' -00 "0 ...... 0 V C ...... 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CITY OF SHOREWOOD RESOLUTION NO. 97-115 A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR MARY LAKE WOODS WHEREAS James Wyman (Applicant) has an interest in certain land within the City of Shorewood and has applied to the Council for preliminary plat approval of a plat to be known as Mary Lake Woods; and WHEREAS, the Applicant's request has been reviewed by the City Planner and his recommendations have been duly set forth in a Memorandum to the Planning Commission, dated 25 November 1997, which Memorandum is on file at City Hall; and WHEREAS, the Applicant's request has been reviewed by the City's consulting engineer and his recommendations have been duly set forth in a letter to the City Engineer, dated 25 November 1997, which letter is on file at City Hall; and WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on 2 December, for which notice was duly published and all adjacent property owners duly notified. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the Applicant's request for preliminary plat approval of Mary Lake Woods is hereby approved. 2. That such approval is subject to the recommendations set forth in the City Planner's Memorandum, dated 25 November 1997, the recommendations set forth in the consulting engineer's letter, dated November 1997, and the terms and conditions contained in the minutes of the Planning Commission meeting of 2 April on file at City Hall. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 15th day of December 1997. (/Z...D~ Tom Dahlberg, Mayor ATTEST: ~ c...~ James C. Hurm, City Administrator/Clerk Exhibit C