87-116
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RESOLurICN ID. 116-87
FINAL PLAN APPROVAL
SImm\aD PIACE APARIlVlEm'S
WHEREAS, Shorewood Oaks Partnership (Developer) is the fee owner
of certain real property zoned R-3A in the City of Shorewood, legally
described in Exhibit A attached hereto and made a part hereof; and
WHEREAS, Developer has heretofore filed its application for
rezoning said property to a POD with the City Clerk and submitted a
Concept Plan and Development Stage Plan for the property, which matters
were considered by the City Planning Comnission at a Public Hearing held
on March 3 and March 17, 1987, and at a Public Hearing held before the
City Council on April 13 and April 17, 1987; and
WHEREAS, upon recoomendation of the Ci ty Planning Comnission, the
Ci ty Counci I did consider and grant Concept Plan and Development Stage
Plan approval for the POD as set forth in Resolution No. 42-87; and
WHEREAS, Developer has now submi tted its Final Plan for the PUD
to be known as Shorewood Place Apartments.
WV, 'lHEREFORE, BE IT RESOLVED, by the City Council of the City
of Shorewood:
1. That the Final Plan for the PUD known as Shorewood Place
Apartments is hereby approved.
2. That the approval is specifically conditioned upon the terms
and condi tions contained in the Development Agreement attached hereto and
made a part hereof.
3. That the Mayor and City Clerk are hereby authori zed to
execute said Development Agreement on behalf of the City Council.
4. That this Resolution together with the attached Development
Agreement shall be filed and recorded within 30 days of the Developer's
receipt of this Resolution.
AOOPl'ED BY 1HE CI'lY axJNCIL of the City of Shorewood this 14th day of
September, 1987.
ATI'EST:
Robert Rascop, Mayor
Sandra L. Kennelly, City Clerk
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. EXHIBIT A
Lots 23 'and 24, Manitou Glen except that part of said Lots 23 and 24
described as coomencing at the most Northerly corner of Lot 24: thence
Southwesterly along the Northwesterly lines of Lot 24 and Lot 23, 151.1
feet to the Northwesterly corner of said Lot 23: thence East parallel with
the South line of Lots 23 and 24 a distance of 178 feet to a point in the
Northeasterly line of Lot 24 distant 88.4 feet Southeasterly of the point
of beginning; thence Northwesterly along Northeasterly line of said Lot
24, 88.4 feet to the point of beginning and except
All that part of Lot 24, Manitou Glen described as follows: Beginning at
the Southeast corner of said Lot 24: thence West along the South line of
said Lot 24 a distance of 250 feet; thence North at right angles to last
described course a distance of 223.1 feet: thence East at right angles to
last described course. a distance of 153.75 feet to the Nortlleasterly line
of said l,c)t 24; thence Southeasterly alon<.Lsaid North~a!;terly line of Lot
24, 250 feet to ffieuI=oint of begirming, according to the plat thereof on
file or of record in the office of the Register of Deeds in and for'
Hennepin Connty, Minnesota.
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CI1Y OF SlDlliWXD
DEVEIDRVJENr AGREE.VJENr
SlDlli1\UD PLACE APARI1VlENI'S
'!HIS AGREEVJEm', made this Ii/bay of , 1987, by
and between the CI1Y OF SImm\UD, a MInnesota rrnmicl al corporation,
hereinafter referred to as the "Ci ty", and SImm\a.D Q\KS PARINERSHIP, a
Minnesota general partnership consisting of John P. Dennis and Mark A.
Steingas, hereinafter referred to as the "Developer".
WHEREAS, Developer is the fee owner of certain real property
zoned R-3A 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 uni t deveI opnent , "PUD", consisting of an apartment--buittling---
containing eighteen (18) apartment units; and
WHEREAS, Developer has heretofore filed its application for
rezoning to a PUD wi th the Ci ty Clerk and submitted a Concept Plan and
Developnent Stage Plan for the property, which matters were considered by the
City Planning Commission at a Public Hearing held on March 3 and March 17,
1987, and at a Public Hearing held before the City Council on April 13 and
April 27, 1987; and
WHEREAS, upon recomnendation of the City Planning Commission, 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. 42-87.
NlV, 'lHEREFORE, in consideration of the IIRltual covenants and
guarantees contained herein, the parties hereto agree as follows:
1. SITE PLAN, GRADING, DRAINAGE AND UI'ILI1Y PLAN, LANDSCAPE
PLAN. The Developer has filed with the City Clerk the site plan for the
developnent of the property and said plan is attached hereto and made a part
hereof as Exhibi t B. Said site plan, together wi th the Grading, Drainage,
and Utility Plan, attached hereto as Exhibit C, the Landscape Plan, attached
hereto as Exhibi t D, and this Development Agreement, is herewith adopted and
approved by the City as the Developer's final plan for development of the
property.
2. RHJJIRED SITE IJ.VJPROVFlVlENI. Developer agrees at its expense
to construct, install and perfonn all work and furnish all materials and
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equipment for the construction and installation of the following
improvements:
a.
b.
paved driveway and parking area as set forth in Exhibit C.
retention pond as set forth in Exhibit C.;
landscaping work as set forth in Exhibit D.
c.
3. RJITENrICN PCm AND EROSICN aNrROL. Developer at its expense
shall provide grading, drainage, ponding and erosion control plans to be
reviewed and approved by the City Engineer. All work shall be subject to
final inspection and approval by the City Engineer.
4. GARAGES. Each apartment rental unit shall include a single
car garage, which shall be for the exclusive use of a tenant of the
bui lding. The primary use of each garage shall be for the storage of the
renter's car, and any other use of the garage for storage shall be only after
storage of the renter's car has been satisfactorily accommodated.
5. aJIIXXR S'JX.RAGE. There shall be no outdoor storage of
automobiles, boats, or recreational equipnent on the premises.
6. SOIEIXJLE OF \\ORK. It is understood and agreed by the parties
that construction will be corrmenced by the Developer within a period of one
year from the date herein and coopleted within a period of two years from
such date.
7. PERKlRVlANCE CIJARANIY. For the purpose of assuring and
guaranteeing to the City that the improvement to be constructed, installed
and furnished by the Developer, as set forth in Exhibit D, landscaping work
shall be constructed, installed, and furnished according to the tenns of this
Agreement, and to insure that the Developer shall pay all claims for work
done and materials and supplies furnished for the perfoTImance of this
Agreement, and that the Developer shall fully cooply with all of the other
tenns and provisions of this Developnent 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
irrprovement 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 tow growing seasons following the coopletion of the required
irrprovement. 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 improvements.
8. PARKDEDICATICN. Developer shall, at the time of the filing
of the final plat, make a cash payment to the Ci ty for the park fund in the
sum of $500 per unit, for a total of $9,000.00.
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9. SEWER ASSESSVJENI'S. The original assessments against the
property for sani tary sewer are in the amount of $ 4!3J.o . Developer
acknowledges that as a newly platted planned unit development, additional
sums will be assessed against the property as equalization charges pursuant
to Shorewood City Code. 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 pllase is developed and the corresponding plat
filed. Installments shall be paid annually for the remainder of the tenn 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 E, attached hereto and made a part hereof.
10. cmJPANCY PER\lITS. The occupancy of any apartment uni t
shall be prohibited by the City until all site improvements, except for
landscaping, have been corrpleted.
11. RES'lORATICN OF STREEI'S 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.
12. PR(X}F OF TITLE. The Developer shall furnish the City with
updated Title opinions evidencing title to the Subject Property.
13. AlVlENIlVJENI' 10 FINAL PLAN. Amendments to the final plan
herein shall be made pursuant to the procedures for amending the Shorewood
Zoning OTdinance as set forth in City Code Section 1201.04.
14. HEADIOOS. 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.
15. SEVERABILIlY. In the event any provisions of this Agreement
shall be held invalid, illegal, or unenforceable by any court of coopetent
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 irrpaired thereby.
16. EXECUrICN OF CXlJNl'ERPARTS. 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.
17. crNSTRUCTICN. This Agreement shall be construed in
accordance with the laws of the State of Minnesota.
18. NOTICES. All notices, certificates and other communications
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hereunder shall be sufficiently given and shall be deemed given when mailed
by certified mail, return receipt requested, postage !>repaid, with proper
address as indicated below. The Ci ty 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 Ci ty:
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
To the Developer:
Shorewood Oaks Partnership
3055 Casco Point Road
Wayzata, Minnesota 55391
19. Sucx::ESSORS AND ASSICNS. 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 ~F, the parties hereto have caused these presents
to be executed on the day and year first above written.
SlDlliWXD Q\KS PARTNERSHIP
CIlY OF SlDlliWXD
By~~~~~~
By:
Its Mayor
ATrEST:
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STATE OF MINNESOI'A )
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<XXJNIY OF HENNEPIN)
On this 14"f.hday of Odobe'} , 1987, before me, a Notary Public
within and for said County, personally 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 instrument 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 s id corporation.
, ;;;J.;;'-'" SUSAN A. NICCUM 1
. ~.~, NOTARV PUBLIC. MINNESOTA
,,;;f~~ HENNEPIN COUNTY
V4l:i:~..... My Commission Explros Mlr._~!~~_ t:
~"'fVYYY'(1YYVY'f''''".t"f."YYf'(Y..n''.vS(
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STATE OF MINNESOI'A )
) ss
<XXJNIY OF HENNEPIN)
ili thi~.tdaY ~=I,Up, 1987, before me, within and for
said County personally appeared J 1m P. Dennis and Mark Steingas to me
personally Imown, who, being each by me duly sworn did say that they are
respectively the Partners in Shorewood Oaks Partnership named in the
foregoing instrument, and that said instrument was signed by them on behalf
of said partnership and acknowledged to be their fre act and deed.
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...:::;;;:i......;\ SANDRA L. KENNELLY
; ~r~ NOTARY PU8LIC - MINNESOT At
'\ I})' HENNEPIN COUNTY
'" .... My Commission Expires Aug. 14, 1911
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EXHIBIT A
Lots 23 and 24, Manitou Glen except that part of said Lots 23 and 24
described as ccmnencing at the most Northerly corner of Lot 24; thence
Southwesterly along the Northwesterly lines of Lot 24 and Lot 23, 151.1
feet to the Northwesterly corner of said Lot 23; thence East parallel with
the South line of Lots 23 and 24 a distance of 178 feet to a point in the
Northeasterly line of Lot 24 distant 88.4 feet Southeasterly of the point
of beginning; thence Northwesterly along Northeasterly line of said Lot
24, 88.4 feet to the point of beginning and except
All that part of Lot 24, Manitou Glen described as follows: Beginning at
the Southeast corner of said Lot 24; thence West along the South line of
said Lot 24 a distance of 250 feet; thence North at right angles to last
described course a distance of 223.1 feet; thence East at right angles to
last described course a distance of 153.75 feet to the Northeasterly line
of said Lot 24; thence Southeasterly along said Northeasterly line of Lot
24, 250 feet to the };:oint of beginning, according to the plat thereof on
file or of record in the office of the Register of Deeds in and for
Hennepin County, Minnesota.
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EXHIBIT E
SHOREWOOD PLACE APARTMENTS
18 UNIT PROJECT
Original Assessment
Additional Sewer Assessments:
Equalization for each unit
Interest on that Unit
18 units total
-2 units original credit
2 Units = $4,820.00
lC & 1B
$ 625.00
656.25
1,281.25
16 units x $1,281.25 = $20,500.00
Additional Sewer Equalization Due =
$20,500.00