87-092
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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
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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;
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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
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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
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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.
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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.
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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
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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
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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.
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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
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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
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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.
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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