87-122
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RESOLUTION NO. I;),).. - 8 7
WHEREAS, the final plat of WESTWOOD 4TH ADDITION has
been submitted in the manner required for the platting of land
under the Shorewood City Code and under Chapter 462 of Minnesota
Statutes, and all proceedings have been duly had thereunder; and
WHEREAS, said plat is consistent with the Shorewood
Comprehensive Plan and the regulations and requirements of the
laws of the State of Minnesota and the City Code of the City of
Shorewood.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
the City of Shorewood:
1. That the plat of Westwood 4th 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 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 the Shorewood City Code.
ADOPTE~'Y THE CITY COUNCIL of the City of Shorewood this ~~~
day Of~~, 1987.
/e~ /P~
Robert Rascop, Mayor
ATTEST:
Sandra L. Kennelly, City Clerk
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9/24/87
CITY OF SHOREWOOD
RESIDENTIAL SUBDIVISION DEVELOPMENT AGREEMENT
WESTWOOD 4TH ADDITION
THIS AGREEMENT, made this ;J.~j1hday of~_k...
1987, by and between the CITY OF SHOREWOOD, a Mihn sota municipal
corporation, hereinafter referred to as the "City", and BERNIE
EISENREICH of Shorewood, Minnesota, hereinafter referred to as the
"Developer".
WHEREAS, the Developer is the owner in fee 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 preliminary plat of said land, said plat to
contain approximately four acres divided into 5 lots, and to be
known as Westwood 4th Addition; and
WHEREAS, the City Council by its resolution passed on
May 11, 1987, has approved the preliminary plat of the subject
property; and
WHEREAS, the the Developer has made application to the
City to be allowed at Developer's expense to construct all surfaced
streets, curbs, gutters, required landscaping, storm sewer and
surface water drainage facilities, street signs, 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 improvements.
NOW, THEREFORE, in consideration of the foregoing premises
and acceptance by the City of the final plat of Westwood 4th
Addition, attached hereto and made a part hereof as Exhibit B, the
City and the Developer agree as follows:
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1. IMPROVEMENTS INSTALLED BY DEVELOPER. Developer agrees at its
expense to construct, install and perform all work and furnish all
materials and equipment in connection with the installation of the
following improvements:
a. Street grading, stabilizing and bituminous surfacing;
b. Surmountable bituminous curbs and gutters;
c. Sanitary sewer mains;
d. Storm sewer and surface water drainage facilities;
e. Street signs;
f. 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.
2. STANDARDS OF CONSTRUCTION. Developer agrees that all of the
foregoing improvements shall equal or exceed City standards, shall
be constructed and installed in accordance with engineering plans
and specifications approved by the City Engineer and the
requirements of applicable City ordinances and standards, and that
all of said work shall be subject to final inspection and approval
by the City Engineer.
3. MATERIALS AND LABOR. All of the materials to be employed in
the making of said improvements and all of the work performed in
connection therewith shall be of uniformly good and workmanlike
quality, shall equal or exceed 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.
4. SCHEDULE OF WORK. The Developer shall submit a written
schedule indicating the proposed progress schedule and order of
completion 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 completion of the work, the
City, at its discretion, may extend the dates specified for
completion.
It is understood and agreed that/th.e work shall be performed in one
phase to be fully completed by ~f;;~ eJ-tJ, 1988.
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5. STREETS, SANITARY SEWER, AND STORM 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, 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-Built Plan. Upon completion of construction,
Developer shall cause its engineers to prepare and file with the
City an "as-built" 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 promptly 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.
6. STAKING, SURVEYING AND INSPECTION. 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 completed improvements conform to the approved plans and
specifications, the City will provide for resident inspection.
7. GRADING, DRAINAGE, AND EROSION CONTROL. Developer, at its
expense, shall provide grading, drainage and erosion control plans
to be reviewed and approved by the City Engineer. Said plans shall
provide for temporary dams, earthwork or such other devices and
practices, including seeding of graded areas, as necessary, to
prevent the washing, flooding, sedimentation and erosion of lands
and streets within and outside the plat during all phases of
construction. Developer shall keep all streets within the plat
free of all dirt and debris resulting from construction therein by
the Developer, its agents or assignees.
8. STREET SIGNS. Developer, at its expense, shall provide
standard city street identification signs and traffic control signs
in accordance with the Minnesota Manual on Uniform Traffic Control
Devices.
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9. ACCESS. Developer shall provide reasonable access, including
temporary grading and graveling, to all residences under
construction in the plat until the streets are accepted by the
City.
10. OCCUPANCY PERMITS. The occupancy of any new structure on any
lot within said plat shall be prohibited by the City until the
streets shall have been graded and surfaced with class 5-100%
crushed material and municipal sanitary sewer lines shall have been
installed and are available to serve the lot for which the building
permit shall have been issued.
11. FINAL INSPECTION. Upon completion of the improvements set
forth in Paragraph 1 above, the City Engineer, the contractor, and
the Developer's engineer will make a final inspection of the work.
When the City Engineer is satisfied that all work is completed in
accordance with the approved plans and specifications, and the
Developer's engineer has submitted a written statement attesting to
same, the City Engineer shall recommend that the improvements be
accepted by the City.
12. CONVEYANCE OF IMPROVEMENTS. Upon completion of the
installation by Developer and approval by the City Engineer of the
improvements set forth in Paragraph 1 above, the Developer shall
convey said improvements to the City free of all liens and
encumbrances and with warranty of title, which shall include copies
of all lien waivers. Should the Developer fail to so convey said
improvements, the same shall become the property of the City
without further notice or action on the part of either party
hereto, other than acceptance by the City.
13. 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.
14. RESTORATION 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.
15. REIMBURSEMENT OF COSTS. The Developer shall reimburse the City
for all costs, including reasonable engineering, legal, planning
and administrative expenses incurred by the City in connection with
all matters relating to the administration and enforcement of the
within Agreement and the performance thereof by the Developer.
Such reimbursement 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 22 below.
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16. CLAIMS FOR WORK. The Developer or its contractor shall do no
work or furnish no materials not covered by the plans and
specifications and special conditions of this Agreement, for which
reimbursement is expected from the City, unless such work is first
ordered in writing by the City Engineer as provided in the
specifications. Any such work or materials which may be done or
furnished by the contractor without such written order first being
obtained shall be at its own risk, cost and expense.
17. LETTER OF CREDIT. For the purpose of assuring and
guaranteeing to the City that the improvements to be constructed,
installed and furnished by the Developer as set forth in Paragraph
1 above, shall be constructed, installed and furnished according to
the terms of this Agreement, and to ensure that the Developer shall
pay all claims for work done and materials and supplies furnished
for the performance of this Agreement, and that the Developer shall
fully comply with all of the other terms and provisions of this
Development 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 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.
18. LIABILITY INSURANCE. The Developer shall take out and
maintain during the life of this agreement public liability and
property damage insurance covering personal injury, including
death, and claims for property damage which may arise out of the
Developer's work or the work of their subcontractors, or by one
directly or indirectly employed by any of them. This insurance
policy shall be a single limit public liability insurance policy in
the amount of $1,000,000.00. The City shall be named as co-insured
on said policy and the Developer shall file a copy of the insurance
coverage with the City.
Prior to commencement of construction of the improvements described
in Paragraph 1 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. .
19. LAWS, ORDINANCES, REGULATIONS AND PERMITS. Developer shall
comply with all laws, ordinances, and regulations of all regulatory
bodies having jurisdiction of the Subject Property and shall secure
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all permits that may be required by the City of Shorewood, the
State of Minnesota, and the Minnehaha Creek Watershed District
before commencing development of the plat.
20. SEWER ASSESSMENTS. The original assessments against the
property for sanitary sewer are in the amount of $~/3 .00
Developer acknowledges that as a newly platted development of 5
lots, additional sums may be assessed against the property as
equalization charges pursuant to Shorewood Ordinance. Developer
agrees to accept and pay all such charges to the City in accordance
with Shorewood Ordinance, 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.
21. PARK FUND PAYMENT. Developer shall, at the time that final
plat is approved, make a cash payment to the City in the sum of
$2,000.00 for the Park Fund.
22. NOTICES. All notices, certificates and other communications
hereunder shall be sufficiently given and shall be deemed given
when mailed by certified mail, return receipt requested, postage
prepaid, with proper address as indicated below. The City and the
Developer by written notice given by one to the other, may
designate any address or addresses to which notices, certificates
or other communications to them shall be sent when required as
contemplated by this Agreement. Unless otherwise provided by the
respective parties, all notices, certificates and communications to
each of them shall be addressed as follows:
To the City:
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
To the Developer:
Bernie Eisenreich
5600 Star Lane
Shorewood, MN 55331
23. PROOF OF TITLE. The Developer shall furnish the City with
evidence satisfactory to the City that he holds title to the
Subject Property in fee simple.
24. DISCLAIMER BY CITY. It is understood and agreed that the
City, the City Council, and the agents and employees of the City
shall not be personally liable or responsible in any manner to the
Developer, the Developer's contractors or subcontractors,
materialmen, laborers, or any other person, firm or corporation
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whomsoever, for any debt, claim, demand, damages, actions or causes
of action of any kind or character arising out of or by reason of
the execution of this Agreement or the performance and completion
of the work and improvements hereunder; and that the Developer will
save the City, the City Council, 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.
25. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS.
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.
26. DURATION OF AGREEMENT. This Agreement shall remain in effect
until such time as the Developer shall have fully performed all of
his duties and obligations under this Agreement.
27. REMEDIES UPON 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 1 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 pres9ribed 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.
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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 1 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 of the proposed dwellings.
28. 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.
29. SEVERABILITY. In the event any provisions of this Agreement
shall be held invalid, illegal, or unenforceable by any court of
competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof, and the remaining
provisions shall not in any way be affected or impaired thereby.
30. EXECUTION OF COUNTERPARTS. This Agreement may be
simultaneously executed in several counterparts, each of which
shall be an original, and all of which shall constitute but one and
the same instrument.
31. CONSTRUCTION. This Agreement shall be construed in accordance
with the laws of the State of Minnesota.
32. SUCCESSORS AND ASSIGNS. It is agreed by and between the
parties hereto that the Agreement herein contained shall be binding
upon and inure to the benefit of their respective legal
representatives, successors, and assigns.
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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.
CITY OF SHOREWOOD
~)
LT~ / L~Ap->~,jt
~ernie Eisenreich, Developer
//--7
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BY~~ /~~
Robert Rascop, May r
ATTEST:
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STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
On this 20th day Of~, 1987, before me, a
Notary Public within and for said County, 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 City Clerk of the municipal
corporation named in the foregoing instrument, 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 L. Kennelly acknowledged said instrument to be the free
act a,nd@deedO:s:::dN,:::orationo ~ .~ 0 0
'.J} NOTARY PUBlIC.M'.NESOTlI ~ ~
. HENNEPIN COUNTY
l" My CommisslOll Expires Mar. 6. 1990
)(Y-y"nvWf"ymffflY"'ff'~fm".,.iY
STATE OF MINNESOTA
ss
COUNTY OF HENNEPIN
On this ~ day of ^knJfN)bm , 1987, before me,
within and for said County, personally appeared Bernie
Eisenreich to me known to be the person described in and who
executed the foregoing instrument and acknowledged that he
executed the same as his free act and deed.
~ SUSf\l'~ A. NICCUiV\ I
~ NOTARV PUBLIC MINNESOTA
~ ' . HENNEPIN COUNTY
-c . .- My Commission Expires Mar. 6, 1990 . t
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EXHIBIT B
EXHIBIT C
. WESTWOOD 4TH ADDITION
SEWER EQUALIZATION
Lot 1 (20,004) = 1B = $ 350.00 + $ 367.50 interest = $ 717.50
Lot 2 (20,102) = 1B = $ 350.00 + 367.50 " = 717.50
Lot 3 (35,253) = 1C = 400.00 + 420.00 " = 820.00
Lot 4 (51,237) = 1C = 400.00 + 420.00 " = 820.00
Lot 5 (30,652) = 1C = 400.00 + 420.00 " = 820.00
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1B Unit credited due to previous division
$2,995.00
- 717.50
Total additional equalization due
$2,277.50