87-113
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RESOLUI'ICN ro. 113-87
WHEREAS, the preliminary and final plats of BRENIRIlX]E have 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.
mv, 1HEREFORE, BE IT RESOLVED, by the Ci ty Council of the Ci ty
of Shorewood:
1. That the plat of Brentridge Addition 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 Counci 1.
4. That this resolution together with the final plat shall be
filed and recorded within 30 days of the Developer's receipt of this
Resolution.
BE IT FURIHER 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
Ci ty Code.
AlDPrED BY 1HE CIlY a:xJNCIL of the Ci ty of Shorewood this 14th day
of September, 1987.
Robert Rascop, Mayor
ATrEST:
Sandra L. Kennelly, City Clerk
.
.
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8/19/87
CIlY OF SIDRE.WXD
RESIDENTIAL SUBDIVISICN DEVEIDRVJENr AGREBVJENT
BRENrR.IlX]E
'!HIS AGREE.VJENr, made this ~ day of February ,
1988~ by and between the CIlY OF SIDRE.WXD, a Minnesota municipal
corporation, hereinafter referred to as the "City", and Shorewood
Oakes Development, Inc., Minnesota Corporation, hereinafter
referred to as the "Developer".
WHEREAS, the Developer is the contract purchaser of
certain lands described in Exhibit A attached hereto and made a
part hereof, which lands are hereinafter referred to as the
"Subject Property"; and
WHEREAS, the Developer has made application under the City
Subdivision Ordinance for City Council approval of a single-family
residential development plat of said land, said plat to contain
approximately twenty-six acres divided into 24 single family lots,
and two out lots (Out lots A and B) to be known as Brentridge; and
WHEREAS, the Ci ty Council by its resolution passed on
June 22, 1987, has granted conceptual approval to the plat of the
subject property; and
WHEREAS, the Developer has now submitted his final plat of
the Subject Property, which plat is attached hereto and made a part
hereof as Exhibi t B; and
WHEREAS, the City has established the policy of reqUIrIng
land developers and the City to formally allocate between them the
furnishing of surfaced streets, curbs, gutters, landscaping, stonn
sewer and surface water drainage facilities, street signs, water
and sanitary sewer facilities, and underground electric and
telephone service lines to all lots and plats approved by the City,
all of the foregoing hereinafter sometimes referred to as
irrprovements.
mv, 1HEREFORE, in consideration of the foregoing premises
and acceptance by the City of the final plat of Brentridge, the
City and the Developer agree as follows:
1. IDr DEVEIDBVIENr. Single family lots wi 11 be developed
pursuant to the requirements of the R-1C Zoning District as
contained in Shorewood City Code Section 1201.12.
.
2. a:r:rwr A AND B. Developer shall donate to the City Out lot B to
be held as a wetland, wild life refuge and public recreational
area. Developer shall further donate to the City Outlot A to be
used for public ingress and egress to Outlot B.
3. PROI'ECl'ICN OF SITE VEGETATICN. Prior to corrmencement of any
construction on the site, Developer shall identify the vegetation
it intends to remove and describe the measures it intends to take
to preserve the remaining trees on the site to the satisfaction of
the Ci ty.
4. IlVJPROVEl\IlENl INSTALLED BY DEVEIDPER. Developer agrees at its
expense to construct, install and perform all work and furnish all
materials and equipnent in connection with the installation of the
following irrprovements:
a. Street grading, stabi li zing and bituninous surfacing;
b. SUmIOuntable concrete curbs and gutters;
c. Sanitary sewer mains;
d. Watermains required to serve the plat;
e. Storm sewer and surface water drainage facilities;
f. Street signs;
g. Required landscaping.
.
It is understood that underground utility lines, including gas,
electric, and telephone, shall be installed by the respective
private utility companies pursuant to separate agreements with the
Developer.
5. II.V.IPROVE.VlEN INSTALLED BY CI'IY. No irrprovements are
conterrplated to be installed by the City at this time. However,
this Agreement may be later mTIended to provide for certain
improvements to be installed by the City and the cost thereof to be
assessed back against the benefited properties at some future date.
.
6. STANDARDS OF aNSTRUCrICN. Developer agrees that all of the
foregoing irrprovements shall equal or exceed City standards, shall
be constructed and installed in accordance with engineering plans
and specifications approved by the Ci ty 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.
7. MATERIALS AND LAOCR. All of the materials to be errployed in
the making of said irrprovements and all of the work performed in
connect ion therewith shall be of uniformly good and workmanlike
quality, 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 Ci ty at
the cost and expense of Developer.
-2-
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8. SCHEDULE OF \\CRK. The Developer shall submi t a wri tten
schedule indicating the proposed progress schedule and order of
carnpletion of work covered by this Agreement, which schedule shall
be a part of this AgreEment. Upon receipt of written notice from
the Developer of the existence of causes over which the Developer
has no control, which will delay the carnpletion of the work, the
City, at its discretion, may extend the dates specified for
carnpletion.
It is understood and agreed that the work shall be performed in one
phase to be fully carnpleted by 1 July , 198~.
9. STREF:.rS, SANITARY SEWER, WATER, AND S'ItH\1 SEWER FACILITIES.
a. Plans and Specifications. The Developer agrees to
cause its engineers to prepare all plans and specifications
necessary for the installation of streets, curb, gutter, sanitary
sewer, water, and 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-Bui It Plan. Upon carnplet ion of construct ion,
Developer shall cause its engineers to prepare and file with the
City an "as-bui It" plan showing the installation of the foregoing
facilities within the plat. Such plans shall be prepared in
conformance with City standards for as-built plans as are presently
on file with the City.
c. 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, and thereafter prarnptly assign
said easements to the City.
d. Pre-existing Drain Tile. All pre-existing drain tile
disturbed by Developer during construction shall be restored by
Developer.
10. STARIN}, SURVEYIN} AND INSPECrICN. It is agreed that the
Developer, through his engineer, shall provide for all staking and
surveying for the above-described imprOVEments. In order to ensure
that the carnpleted imprOVEments conform to the approved plans and
specifications, the City will provide for resident inspection.
11. GRADIN}, DRAINAGE, AND EROSICN CLNmOL. 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 drums, 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 the plat
free of all dirt and debris resulting from construction therein by
the Developer, its agents or assignees.
-3-
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12. STREET SIGNS. Developer, at its expense, shall provide
standard city street identification signs and traffic control signs
in accordance with the Minnesota Manual on Unifonn Traffic Control
Devices.
13. AOCESS. Developer shall provide reasonable access, including
tenporary grading and graveling, to all residences under
construction in the plat until the street is accepted by the City.
14. <XOJPANCY PERVlITS. The occupancy of any new structure on any
lot within said plat shall be prohibited by the City until the
street shall have been graded and surfaced with class 5-100%
crushed material and rmmicipal sanitary sewer lines shall have been
installed and are available to serve the lot for which the building
pennit has been issued.
15. FINAL INSPECl'Irn. Upon coopletion of the improvements set
forth in Paragraph 4 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 coopleted in
accordance with the approved plans and specifications, and the
Developer's engineer has submi tted a wri tten statement attesting to
same, the City Engineer shall recommend that the improvements be
accepted by the City.
.
16. CXl-NEYANCE OF IlVIPIUVF1VJENrS. Upon coopletion of the
installation by Developer and approval by the Ci ty Engineer of the
irrprovements set forth in Paragraph 4 above, the Developer shall
convey said improvements to the City free of all liens and
encumbrances and with warranty of ti tle, 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.
17. 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.
18. RES'IrnATIrn OF STREF:.rS AND PUBLIC FACILITIES. The Developer
shall restore all City streets and other public facilities
disturbed or damaged as a resuIt of Developer's construction
activities, including sod with necessary black dirt, bituminous
replacement, curb replacement, and all other items disturbed during
construction.
19. REIlVBURSEVJENr OF CDSTS. The Developer shall reimburse the Ci ty
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
wi thin Agreement and the perfonnance thereof by the Developer.
.
-4-
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Such reimbursement 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 27 below.
20. CIAIMS FeR WJRK. 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.
.
21. LETrER OF rnEDIT. 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 4 above, shall
be constructed, installed and furnished according to the tenns of
this Agreement, and to ensure that the Developer shall pay all
claims for work done and materials and supplies furnished for the
perfonnance of this Agreement, and that the Developer shall fully
comply with all of the other tenns and provisions of this
Developnent Agreement, the Developer agrees to furni sh to the Ci ty
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 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 said deposit or letter of credit
may be reduced in amount or replaced by a maintenance bond at the
discretion of the City upon acceptance by the City of the various
individual improvements.
22. LIABILI'IY 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 amoWlt 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 wi th the Ci ty.
Prior to commencement of construction of the improvements described
in Paragraph 4 above, the Developers 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.
23. lAWS, aIDINANCES, REGUIATICNS AND PERVlITS. Developer shall
comply with all laws, ordinances, and regulations of all regulatory
bodies having jurisdiction of the Subject Property and shall secure
.
-5-
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.
.
all penui ts that may be required by the Ci ty of Shorewood, the
State of Minnesota, and the Minnehaha Creek Watershed District
before conmencing developnent of the plat.
24. SEWER ASSESSMENTS. The original assessments against the
property for sanitary sewer are in the amount of $ 3816.00
Developer acknowledges that as a newly platted developnent of 10
lots, additional sums may be assessed against the property as
equalization charges pursuant to Shorewood City Code Section
904.18. Developer agrees to accept and pay all such charges to the
City in accordance with the Shorewood City Code, together with all
previous assessments against the property, provided full credit is
given to the Developer for all prior payments made by the Developer
or its predecessor on account of said assessments. A schedule of
such charges is set forth in Exhibit c, attached hereto and made a
part hereof.
25. WATER ~ICN aJARGE. A water conmeci ton charge shall be
made pursuant to Shorewood City Code Section 903.03 at the time
each residential dwelling is connected to the Shorewood MUnicipal
Water System.
26. PARK FUND PAYMENT. Developer shall, at the time that final
plat is approved, make a cash payment to the City in the sun of
$12,000.00 for the Park Fund.
27. 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 wri tten 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:
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
To the Developer:
Shorewood Oaks Developnent, Inc.
6100 Auto Club Road
Suite 314
Shorewood, MN 55331
28. PR(OF OF TITLE. The Developer shall furnish the City with
evidence satisfactory to the City that he holds an interst in title
to the Subject Property.
29. DISCIAIMER BY CI'IY. It is understood and agreed that the
-6-
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.
.
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
corporationwhomsoever, 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; and that the
Developer wi II save the Ci ty, the Ci ty Counci I, and the agents and
employees of the City harmless from any and all claims, damages,
demands, actions or causes of action arising therefrom and the
costs, disbursements, and expenses of defending the same.
30. DECIARATICN OF CXJVENANI'S, <nIDITICNS AND RES1RIcrICNS.
Developer shall provide a copy of the Declaration of Covenants,
Conditions and Restrictions, the Articles of Incorporation and
By-laws of the Homeowners Association, if any, for review and
approval by the City prior to recording the plat.
31. DURATICN OF AGREEVJENr. This Agreement shall remain in effect
unt il such time as the Developer shall have fully performed all of
his duties and obligations under this Agreement.
32. RElV.IEDIES tJ:PCN DEFAULT.
a. 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, if it so elects, may cause any of the improvements
described in Paragraph 2 above to be constructed and installed or
may take action to cure such other default and may cause the entire
cost thereof, including all reasonable engineering, legal and
administrative expense incurred by the City to be recovered as a
special assessment under Minnesota Statutes Chapter 429, in which
case the Developer agrees to pay the entire amount of such
assessment within thirty (30) days after its adoption. Developer
further agrees that in the event of its failure to pay in full any
such special assessment within the time prescribed herein, the City
shall have a specific lien on all of Developer's real property
within the Subject Property for any amount so unpaid, and the City
shall have the right to foreclose said lien in the manner
prescribed for the foreclosure of mechanic's liens under the laws
of the State of Minnesota. In the event of an emergency, as
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, and the Developer shall
reimburse the City for any expense incurred by the City in
remedying the conditions creating the emergency.
-7-
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.
.
b. 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:
(1) the cost of completing the construction of the
imprOVEments described in Paragraph 4 above.
(2) the cost of curing any other default 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 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 0 f the proposed dwe 11 ings .
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. SEVERABILIlY. 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. EXEaJI'ICN OF OXJNrERPARrS. This Agreement may be
simultaneously executed in several counterparts, each of which
shall be an original, and all of which shall const i tute but one and
the same instrument.
36. a:NSTRUCI'ICN. This Agreement shall be construed in accordance
with the laws of the State of Minnesota.
37. S{J(X;ESSORS 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 WHEREOF, the parties hereto have caused these
presents to be executed on the day and year first above written.
Shorewood Oaks Development, Inc.
Q~
Its~.
CIlY OF SH:IlliWXD
Byd~J4~~
RObert Rascop, Mayor
---
ATrEST:
-~-:LL!cr"
-9-
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.
.
STATE OF MINNEsarA )
) ss
axJN.LY OF HENNEPIN )
On this and day of.::1"h.h U1nl I, 1989, before me, a
Notary Public within and for ~ personally appeared
Robert Rascop and Sandra L. Kennelly, to me personally known,
who, being each by me duly sworn, did say that they are
respectively the Mayor and Ci ty Clerk of the rrnmicipal
corporation named in the foregoing instrument, and that said
instrument was signed and sealed in behalf of said corporation
by authori ty of its Ci ty Council, and said Robert Rascop and
Sandra L. Kennelly acknowledged said instrument to be the free
act and deed of said corporation.
)(
1 ~~ SUSAN A. NICCUM
'.~.. ~ NOTARY PUBLIC. MINNESOTA
;~ HENNEPIN COUNTY
"~ My Commlnlon bplr. Mar. I, tllO
. t"';"""'fYYYYYY""""",fT1rfV
STATE OF MINNEsarA )
) ss
axJNlY OF HENNEPIN )
On this Zrul day of ~, 1981, before me,
within and for said County, personally appeared:Ixn'.e~
on beh~f of Shorewood Oaks Development, Incorporated, l1IIDrrs--
its ~fS..\dEJnt described in and who executed the
foregoing instrument and acknowledged that he executed the same
as his free act an 1
l SUSAN A. NiCCU,'
8''::''',; . N OlARV PUBLIC M,I,NNt.:.i,01/l.,
- HENNEPIN COUNTY
~ ' M commission Expires M..::_~ 19~~_ t
_ ~:fw.rnTl"""f.".,-n"n'fnV'f"'j(
X"""l'f,n
-10-
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EXHIBIT A
LEGAL DESCRIPTICN OF SUBJECf PROPERIY
Cl1I'IDI' A Registered Land Survey Number One, except the North
218.9 feet thereof, Hennepin County, Minnesota.
-11-
BRENTRIDGE
R.T. DOC. NO.
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EXHIBIT B
SHEET _ OF _ SHEETS
.
.
.
EXHIBIT C
SEWER B;JIALI ZATICN OJARGE
BRENTRIDGE
SEWER EQUALIZATION CHARGES:
Lot 1, Block 3 - IB unit= $1800.00
+ 7% interest x 16 years= 2016.00
3816.00
Lots 1-8, Block 1 (8 lots)
Lots 1-15, Block 2 (15 lots)
23 lots x $350.00
+ 7% interest x 16 years= 392.00
23 lots x $742.00 = $17,066.00
TOTAL EQUALIZATION to be ADDED:
3,816.00
.17,066.00
$20,882.00