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87-092 . . . RESOLUTION NO. 9:;-~7 WHEREAS, the final plat of Ridge Point has been submitted in the manner required for the platting of land under Shorewood City Ordinances 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 Ordinances of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood: 1. That the plat of Ridge Point is hereby approved. 2. That the approval is specifically conditioned upon the terms and conditions contained in the Development Agreement attached hereto and made a part hereof. 3. That the Mayor and City Clerk are hereby authorized to execute the Certificate of Approval for the plat and the said Development Agreement on behalf of the City Council. 4. That this final plat shall be filed and recorded within 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 Ordinances of the City. ADOPTED rr.,~~~ CITY COUNCIL of the City of Shorewood day of ~' 1987. this ~ Robert Rascop, Mayor ATTEST: Sandra L. Kennelly, City Clerk . . . 27 July 1987 CI1Y OF SImm\aD DEVEIDHVIENI' AGREEVIENl' RIOOE POIN!' '1 1HIS AGREBVIENr, made this ..fii;LAay of ~tt1(. , 1987, by and between the CI1Y OF SIDRE.WXD, a Minnesota munfcip corporation, hereinafter referred to as the "Ci ty", and LAKE MINNJITCN{A lDV.IES, INC., hereinafter referred to as the "Developer". WHEREAS, Developer holds an option to purchase from the fee owners, certain real property zoned R-lA in the City of Shorewood, legally described in Exhibit A attached hereto and made a part hereof; and WHEREAS, Developer proposes to develop said property by means of a planned unit development, "PUD", for single-family dwell ings; and WHEREAS, Developer has heretofore filed its application for rezoning to a PUD wi th the City Clerk and su1:xnitted a Concept Plan and Development Stage Plan for the property, which matters were considered by the City Planning Cammission at a Public Hearing held on 7 April 1987; and WHEREAS, upon recoomendation of the City Planning Cammission, the Ci ty Counci I did consider and grant Concept Plan and Development Stage Plan approval for the PUD as set forth in Resolution No. 41-87. N:M7, 1HEREFORE, in consideration of the rmtual covenants and guarantees contained herein, the parties hereto agree as follows: 1. FINAL PIAT. The Developer has fi led wi th the City Clerk the final plat for the development of the property and said plat is attached hereto and made a part hereof as Exhibit B. Said final plat, together with this Development Agreement, is herewith adopted and approved by the City as the Developer's final plan for development of the property. 2. IlVIPIVVEl.VJENI INSTALLED BY DEVEIDPER. Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipment for the construction and installation of the following irrprovements: a. Street grading, stabilizing and bituminous surfacing; . . . b. c. d. e. Integral shoe form bituminous curbs and gutters; Sanitary sewer mains; Storm sewers and surface water drainage facilities; Underground utility lines, including gas, electric and telephone. 3. STANDARDS OF a:NST.RIJCrIrn. Developer agrees that all of the foregoing inprovements that are to be constructed and installed by the Developer shall be in accordance with engineering plans and specifications approved by the City Engineer and the requirements of applicable City ordinances and standards. Developer further agrees that all of said work shall be subject to final inspection and approval by the City Engineer. 4. MATERIALS AND :LAOCR. All of the materials to be employed in the making of said inprovements and all of the work performed in connection therewi th shall be of uni formly good and workmanl ike qual i ty, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected materials shall be removed and replaced with approved materials, and rejected labor shall be .done anew to the satisfaction and approval of the City at the cost and expense of Developer. 5. a:NST.RIJCrIrn SCEEIXJLE FOR PUBLIC IMPROVEVIENTS. Deve I oper agrees to provide a written schedule for the construction of all public irrprovements set forth in paragraph 2 above. Developer further agrees to submit a written schedule indicating the proposed progress schedule and order of completion of all work covered by this Agreement, which schedule is attached hereto and made a part hereof as Exhibit C. Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control, which will delay the completion of the work, the City, at its discretion, may extend the dates specified for completion. 6. GRADING, DRAINAGE, AND EROSIrn aNrROL. Developer at his expense shall provide grading, drainage and erosion control plans to be reviewed and approved by the City Engineer. Said plan 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. 7. STAKING, SURVEYING AND INSPECl'Irn. It is agreed that the Developer, through his engineer, shall provide for all staking and surveying -2- . of the above-described irrprovements. In order to ensure that the completed irrprovanents conform to the approved plans and specifications, the Ci ty Engineer or his representative shall make all inspections and shall supervise all testing which may be reasonably required during the construction of the inprovanents set forth in paragraph 2 above. Developer shall maintain records of all inspections and tests and forward copies of such records to the City Engineer each week. 8. PRIVATE ROAD AND QJL-DE-SAC, SANITARY SEWER, STORVI SEWER AND SURFACE WATER DRAINAGE FACILITIES. a. Plans and Specifications. The Developer agrees to cause its engineers to prepare all plans and specifications necessary for the installation of private roads, curb, gutter, sanitary sewer, storm sewer and surface water drainage facilities in said plat, said plans and specifications to be subject to the final approval of the City Engineer. b. As-Buil t Plan. Upon complet ion of construct ion, Developer shall cause its engineers to prepare and file with the City a full set of as-built rrwlar reproducible plans for City records. These plans shall include the locations and ties to all sanitary sewer and watermain services as well as gate valve boxes and manholes. Such plans shall conform to the As-Built Plans presently on file with the City. . c. Easements. Developer, at its expense, shall acquire all necessary easements from appropriate property owners required for the installation of the sanitary sewer and storm sewer within the plat, and thereafter promptly assign said easements to the City. d. Private Road. It is understood that the private road and Cul-de-Sac (Out lot A) shall be maintained by the Developer or his successors in interest, including the appropriate homeowners association and will not be accepted or maintained by the City until such time as it is brought up to City standards for public streets. 9. CIAII.V.S FOR WEK. The Developer or his contractor shall not do any work or furnish any 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 done or materials furnished by the contractor without such written order being first obtained shall be at his own risk, cost and expense. 10. FINAL INSPECl'Irn. Upon cooplet ion of the inprovements set forth in paragraph 2 above, the City Engineer, the contractor, and the Developer's engineer wi II make a final inspection of the work. Before final payment is made to the contractor by the Developer, the Ci ty Engineer shall . -3- . be satisfied that all work is satisfactorily completed in accordance with the approved plans and speci fications; and the Developer's engineer shall sutxnit a written statement attesting to same. 11. REIlVBURSEVJEm' OF CDSTS. The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City from time to time in connection with all matters relating to the administration and enforcement of this Agreement and the performance thereof by the Developer. Such reimbursement shall be made within thirty (30) days of the date of the City's mailing of each notice of costs to the address set forth in paragraph 29 below. Developer shall be entitled to receive as a credit against these expenses all applicable fees heretofore paid to City under and pursuant to zoning and subdivision ordinances and costs that have been assessed. The City's notice of costs shall be itemized, identifying person, task, time, date, and at-cost rate. . 12. CITY DISCIAIMER. It is agreed that the City of Shorewood, the City Council and their agents or employees shall not be personally liable or responsible in any manner to the Developer, the Developer's contractor or subcontractor, material men, laborers or to any other person, firm or corporation, for any 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 the improvements provided herein by the Developer, his contractors, or his agents, and that the Deve 1 oper wi 11 save the Ci ty harml ess from a 11 such claims, demands, dmnages, actions or causes of actions or the costs, disbursements, and expenses of defending the same, specifically including, without intending to limit the categories of said costs, cost and expenses for City administrative time and labor, costs of consulting engineering services and costs of legal services rendered in connection with defending such claims as may be brought against the City. 13. PERFrnVIANCE GUARANlY. 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 insure that the Developer shall pay all claims for work done and materials and supplied furnished for the performance of this Agreement, and that the Developer shall fully comply with all of the otherer terms and provisions of this Developoont 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 as set forth in the contracts between the Developer and his contractors. Said deposit or letter of credit shall remain in effect for a period of one (1) year following the completion of the required improvements. The said deposit or letter of credit may be reduced in its amount or replaced by a maintenance bond at the discretion of the City upon acceptance by the City of the various improvements. -4- . . . . 14. REPLACE.VJENr. All work and materials performed and furnished by the Developer, its agents and subcontractors, pursuant to paragraph 2 above, which are found by the City to be defective within one year after acceptance by the Ci ty shall be replaced by Developer at Developer's sole expense. This guarantee of work shall be secured pursuant to the provisions of paragraph 13 hereinabove. Said security shall be in addition to, and not in lieu of, any other remedies which may be available to the City to secure any defects in materials and workmanship. 15. LIABILITY INSURANCE. The Developer shall take out and maintain during the life of this Agreement pub I ic I iabi I i ty 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 co-insured on said policy and the Developer shall file a copy of the insurance coverage with the City. Prior to corrmencement of construct ion 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, its contractors and subcontractors from claims arising under the Workers' Compensation Laws of the State of Minnesota. 16. <XIWEYANCE OF SANITARY SmvER. Upon complet ion of the installation by Developers of the sanitary sewer set forth in paragraph 2 above in accordance with the plans and specifications hereunder and the written approval by the City, the Developer shall convey said sanitary sewer to the City free of all liens and encumbrances and with warranty of title. Should the Developer fail to so convey said sanitary sewer, 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. 17. PARK DEDICATICN. Developer shall, at the time of the filing of the final plat, make a cash payment to the City for the park fund in the sum of $500 per lot, for a total of $1,500.00. -5- . . . 18. SmvER ASSESSVIENI'S. The original assessments against the property for sanitary sewer are in the amount of $ Developer acknowledges that as a newly platted planned unit development, additional sums will be assessed against the property as equalization charges pursuant to Shorewood Ordinance No. 80. Developer and the Ci ty agree that all such charges are to be added to the balance remaining on the original assessments and spread over subject property in such manner as Developer may reasonably request, at such time as each phase is developed and the corresponding plat filed. Installments shall be paid annually for the remainder of the teftn of the original assessments, together with interest on the balance remaining at the rate of six and one-half (6.5%) per annum. A schedule of such charges is set forth in Exhibit D, attached hereto and made a part hereof. 19. <:x:x:uPANCY PERVIITS. The occupancy of any structure on any lot within said plat shall be prohibited by the City until municipal sanitary sewer shall have been installed, tested, and available to serve the lot for which the building peftni t shall have been issued. 20. RES'fCEATICN OF STREETS AND PUBLIC FACILITIES. The Developer shall restore all City streets and other public facilities 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. 21. DECLARATICN OF 00VENANrS, CXN)ITICNS AND RESlRIcrICNS. Developer shall provide a copy of the proposed Declaration of Covenants, Conditions and Restrictions, the Articles of Incorporation and By-Laws of the Homeowners Association for review and approval by the City prior to recording of the plat. The Declaration of Covenants, Conditions and Restrictions shall be recorded prior to the issuance of Certificate of Occupancy for dwellings within the plat. 22. REV.lEDIES lJPCN DEFAULT. a. Assessments. In the event the Developer shall default in the perfoTImance 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, if it so elects, may cause any of the inprovements 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 against the platted residential lots owned in fee by the Developer, under M.S. Chapter 429, in which case the Developer agrees to pay the entire amount of such assessment within sixty (60) 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 -6- . the 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 deteftnined by the City Engineer, the M.S. Chapter 429 notice requirements to the Developer shall be and hereby are waived in their entirety, and the Developer shall reimburse the City for any expense incurred by the Ci ty in remedying the conditions creating the emergency. b. Performance Guaranty. In addition to or in lieu of the foregoing, the City may utilize any cash deposit made or require perfoftnance under the teftnS of the Perfoftnance Guaranty set forth in paragraph 13 above, to collect, pay, or reimburse the City for: (1) the cost of completing the construction of the inprovements described in paragraph 2; and (2) the cost of curing any other defaul t by the Developer in the performance of any of the covenants and agreements contained herein. (3) the cost of reasonable engineering, legal and administrative expense incurred by the City in enforcing and administering this Agreement. c. Legal Proceedings. In addition to or in lieu of the foregoing, the City may institute any proper action or proceeding at law or at equity to abate violations of this Development Agreement, or any ordinance . to which this Development Agreement may becane a part. 23. PR{X)F OF TITLE. The Developer shall furnish the City with updated Title opinions evidencing title to the Subject Property and also title opinions for the property crossed by the private road easement. 24. IXJRA.TICN OF AGREE.VJENl'. This Agreement shall remain in effect until such time as Developer shall have fully perfonned all of its duties and obligations under this Agreement. 25. HEADI~. Headings at the beginning of paragraphs hereof are for convenience of reference, and shall not be considered a part of the text of this Agreement, and shall not influence its construction. 26. SEVERABILI1Y. In the event any provisions of this Agreement -7- . . . . 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. 27. EXEaJI'ICN OF CXXJNrERPARrS. 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. 28. ~STRIJCrICN. This Agreement shall be construed in accordance with the laws of the State of Minnesota. 29. 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 conterrplated 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: City of Shorewood 5755 Country Club Road Shorewood, MN 55331 To the Developer: Lake Minnetonka Homes, Inc. 21350 Excelsior Blvd Excelsior, Minnesota 55331 30. Sucx::::ESSCRS.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. -8- . . . IN WITNESS ~~F, the parties hereto have caused these presents to be executed on the day and year first above written. lAKE MINNElm<A lIMES, It-C. Its President CI1Y OF SIDlE\'OD By:A?~ A?w.~ 1 ts Mayor ATIEST: ~~4'~. ~/&~/ 1 Y Clerk ,-::;I -9- . . . STATE OF MINNESOTA ) ) ss <UJNlY OF HENNEPIN) " OJ. this ~day of Ie. d/ , ,1987, before me, a Notary Public within and for said County, persona1ly appeared Robert Rascop and Sandra Kennelly, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Clerk of the municipal corporation named in the foregoing instrunent, and that said instrunent was . signed and sealed in behalf of said corporation by authority of its City Council, and said Robert Rascop and Sandra Kennelly acknowledged said instrument to be the free act and deed of said corporation. ~ IM'--^ ~ Jry Pu6nlt )(A~AAAAAAAr "'i ~'''" "u"".~ A I'CCU' ~ .4~"~JIJ<:4\:~... ....., V.1,4 . \j} ;vl .......~." ~'-.l.!i. ~ ',. ,"",n' (', '''''.1~,1.''''.''''-' ,~ t~.f(~.~!'~ IW1>.RY PUi.>\"hv t,di,,,,:;,(YIA 1 \~~..i;!f~ HENNEPIN COUNTY '" ',~<,,~ ~ " My Commission Expires Mar. 6, 1990 ~ STATE OF MINNESOTA ) ) ss <UJNlY OF HENNEPIN ) OJ. this <jb/- day of S1..~y. , 1987, before me, within and for said County personally appeared L (lA a/Z.r? (/OJ'thZt,.) and to me personally known, who, being each by me duly sworn did say that they are respectively the )? k..u:~y and of the corporation named in the foregoing instrunent, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrunent was signed and sealed in behalf of said corporation by authority of its Board of Directors and acknowledged said instrunent to be the free act and deed of said corporation. '~~1fcd/~o/ H~. ,..:;;;;;;;'i;;~;.;... SANDRA L. f(ENNELL Y P'tA...!!l!'~, NOTAIW PUBLIC - MINNESOTA ~ \~~:':fi~"Y HENNEPIN COUNTY ~ '.r';"~1J.. My Commis5ion Expires Aug. 14. 1912 ~H -10- . . . EXHIBIT "A" Lot 28, Auditor's Subdivisio:1 ~Iumber One Hundred Thirty-Three (133) Hennepin County Minnesota, EXCEPT the following three described tractsof land: That part of Lot 28, Auditor's Subdivision Number One Hundred Thirty-Three (133) Hennepin County Minnesota, described as Follows: Beginning at the South- west corner of said Lot 23; thence North along the West line of sairl Lot 28 a distance of 137.5 feet; thence at a riqht anqle East a distance of 253 feet; thence at a right angle South a distance of 178.76 feet to its intersection with the Southerly line of said Lot 28; thence Westerly alono the Southerly line of said Lot 28 to the point of beginning. ALSO: That part of Lot 28, Auditor's Subdivision Number One Hundred Thirty-Three (133) Hennepin County Minnesota, described as follows: Commencing at a point distant 137.5 feet North of the Southwest corner of said Lot 28; thence North along the West line of said Lot 28 a distance of 137.5 feet; thence Easterly deflecting to the right at an angle of 95 degrees, 7 minutes, 24 seconds, a distance of 167.97 feet; thence Southerly parallel with the West line of sairl Lot 28, a distance of 52 feet; thence Easterly defelctinq to the left at an angle of 85 degrees, 35 minutes, 30 seconds, a distance of 130.1 feet; thence Northerly a distance of 10 feet along a line which would intersect the South line of Echo Hills 2nd Addition at a point distant 324.05 feet East of the Northwest corner of said Lot 23; thence East a distance of 20 feet; thence South a distance of 70.5 feet; thence West a distance of 317 feet to the point of beginning.! ALSO: That part of Lot 28, Auditor's Subdivision Number One Hundred Thirty-Three (133) Hennepin County Minnesota, described as follows: Commencing at the Southwest corner of said Lot 28; thence North along the West line of said Lot 28 a distance of 275 feet to the point of beginning of the tract of land to be described; thence Easterly deflecting to the right at an angle of 95 degrees, 07 minutes, 24 seconds, a distance of 167.97 feet; thence Southerly parallel with the West line of said Lot 28 a distance of 52 feet; thence Easterly deflecting to the left an an angle of 85 degrees, 35 minutes, 30 seconds, a distance of 130.1 feet; thence Northerly to a point on the Southerly line of Echo Hills 2nd Addition distant 324.05 feet Southeasterly as measured along said Southerly line, from the Northwest corner of said Lot 28; thence Northwesterly along said Southerly line a distance of 324.05 feet to the rlorth\',est corner of said Lot 28; thence Southerly along the West line of said Lot 28 to the point of beginning. . . . i d o o 'it U I- Z - o Q. l&J C) o - ~ z EXHIBIT ./ B ~ i .., ~I ~.. n u '-r--u--' ~ ~ .. __1_,______~ , ~ i [~/ (i-V i .Vii.- ~', :1. 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EXHIBIT "C" This exhibit "C" of the Development Agreement for the Ridge Point subdivision by and between Lake Minnetonka Homes, Inc. (LMH and or Developer) and The City of Shorewood requires that LMH give a proposed progress schedule and order of completion of all work to be covered by the development agreement. Given below is that proposed schedule: The Ridge Point improvements include the following: Erosion control placement. Sewer installation Grading Road base Road asphalt Final grading Sodding Electrical, gas, telephone, cable, installation The length of the sewer and road is quite small. The total road length is 400 feet. The sewer length is 566 feet. The grade of the road is essentially remaining the same as the existing grade. The total project, therefore, is not a difficult time consuming project. The erosion control should take one half day. The sewer placement should take four days, the grading should take one day. Road basing should take one day. Asphalt placement should take one day. Finish grading and sodding should take one day. The total con- struction time would between eight and nine working days. The developer would like to keep the option of not placing asphalt on the road base until all heavy equipment is off the job site of the house under construction on lot 2. The house on lot 2 is scheduled for completion on or before September 29, 1987. It is the developer's intention of having all of the Ridge Point improvements completed by that date. In the alternative, the developer will have (must have) the sewer, grading, and road base in by September 29, 1987, and will complete the asphalt and finish grade within 30 days after all of the heavy equipment is moved from lot 2. Sodding will completed within 15 days after the electricity, gas, telephone, and cable are installed. None of the above utilities will commit to an installation date as of this writing. The .developer will have the sewer and road contractor repair any damage to the City of Shorewood street and Gary and Carol Dorale's lawn bordering the City's street immediately after the sewer is installed and approved. . Original Assessment Additional Sewer Equalization to be Charged Interest Added Total Equalization for Plat . . EXHIBIT D RIDGE POINT lC $4,373.00 $ 800.00 $ 840.00 $1,640.00