87-145RESOLUTION NO. 145 -87
A RESOLUTION AUIHORIZING THE OONSTRUCTICN OF A
CUL -DE -SAC ON CHRISMAS LANE IN THE
CITY OF SIIORE"OOD
WHEREAS, the City Council has received a petition by the
residents on Christmas Lake Road and Christmas Lane concerning the problems
created by through traffic on these streets; and
WHEREAS, this petition was duly considered at a regular meeting
of the City Council on January 12, 1987, and the Council has determined that
the through traffic creates a safety hazard to the residents of the area; and
W EREAS, the Council has reviewed the reports of the neighbors,
the South Lake Minnetonka Public Safety Department, the Excelsior Fire
Department, and other interested organizations; and
IWE REAS, the City Council, at a regular meeting on February 23,
1987, voted unanimously to install a cul -de -sac closing off Christmas Lane,
provided that the total cost of constructing such cul -de -sac would be borne
by the petitioners or adjacent property owners, and therefore directed the
City Attorney to prepare a development agreement covering the work to be
performed.
• NCY, THEREFORE, BE IT RESOLVED, by the City Council of the City
of Shorewood:
1. That Christmas Lane be closed off and a cul -de -sac be
constructed on Christmas Lane pursuant to the terms and conditions contained
in the Construction Agreement attached hereto and made a part hereof as
Exhibit 1.
2. That the Mayor and City Clerk are hereby authorized to
execute said Construction Agreement on behalf of the City Council, subsequent
to approval by the City Attorney and the City Engineer of appropriate
documentation and construction scheduling.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 26th day of
October, 1987.
Robert Rascop, Mayor
ATTEST:
Sandra L. Kennelly, City Clerk
•
ar���� �Ar $ �� ►� -15.7
21 April 1988
• CITY OF SH(PXWO®
THIS ACREENIE TT, made this 5th day of May , 1988, by
and between the CITY OF SHC PXMM, a Municipal Corporation, (City), RCIDNEY H.
PE112 SW (Peterson) and CDS DEVELOPIMTU CX UMATIC N, a Minnesota Corporation,
(CDS).
WFUU EAS, Christmas Lane /Christmas Lake Road (the street) is a
public street in the City of Shorewood connecting County Road 82 with State
Highway No. 7, both arterial highways; and
WHEREAS, the street passes through a residential neighborhood in
the course of interconnecting the two arterial highways; and
MEREAS, the City has determined that the through traffic on the
street has created a safety hazard to the residents of the area and has
ordered that the street be closed to through traffic; and
W[BUZEAS, the City has further determined that such street closure
can best be effected by the construction of a cul -de -sac on Christmas Lane
approximately 150 feet east of its intersection with Brand Circle; and
• WHEREAS, Peterson is the owner of certain land legally described
in Exhibit A , attached hereto and made a part hereof, and has offered to
donate a portion of such land to the City for the purpose of constructing
such cul -de -sac; and
WHEREAS, CDS has offered to pay all costs incurred in connection
with the closure of such street and the construction of such cul -de -sac.
NOW, TTdMMIZE, in consideration of the mutual covenants and
guarantees contained herein, the City, Peterson and CDS agree as follows:
1. STREET CLOSURE AND MNSTRUCTION OF CUL -DE -SAC Pursuant to Resolution
No. 145 -87, adopted by the City Council on October 26, 1987, the closure of
Christmas Lane and the construction of a cul -de -sac thereon is authorized.
2. DCNATICN OF LAND BY PETERSON Peterson hereby agrees to donate to the
City the land required for the construction of said cul -de -sac as shown in
the plan attached hereto as Exhibit B.
3. IMPIMEJIENTS INSTALLED BY CDS CDS agrees at its expense to construct,
install and perform all work and furnish all materials and equipment in
connection with the closure of Christmas Lane and the construction of a
cul -de -sac thereon, to include the following:
a. Street grading, stabilizing and bituminous surfacing;
b. Surmountable integral shoe - formed bituminous curbs and
is gutters;
4. STAPIARDS OF CONSZRUCTICN CDS agrees that all of the foregoing
inprovements 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 the supervision of
the City Engineer.
5. 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 material, and rejected labor
shall be done anew to the satisfaction and approval of the City at the cost
and expense of CDS.
6. SCHEDULE OF VCRK CDS 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 CDS of the existence of causes over which CDS 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 the work shall be fully completed
by Ju ne 9 , 1988.
7. PLANS AMID SPECIFICATIONS CDS agrees to cause its engineers to prepare
all plans and specifications necessary for the installation of all
improvements set forth in Paragraph 3 above, said plans and specifications to
be subject to the final approval of the City Engineer.
8. REIMURSEMETI' OF COSTS CDS 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 this Agreement and the performance thereof
by CDS. Such reimbursement shall be made within fourteen (14) days of the
date of mailing of the City's notice of costs to the address set forth in
Paragraph 18 below.
9. DISCLAIER 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 CDS, CDS's contractors or
subcontractors, materialmen, laborers, or any other person, firm or
corporation 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
•
-2-
execution of this Agreement or the performance and completion of the work and
improvements hereunder; and that CDS 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.
10. WRITTEN CHANGE CRDERS CDS shall do no work and furnish no material for
which reimbursement is expected from the City unless a written order for such
work or materials is receives: from the City. Any such work or materials
which may be done or furnished by CDS without such written order first being
given shall be at its risk, cost and expense and CDS hereby agrees that
without such written order, CDS will make no claim for compensation for work
or materials so done or furnished.
11. PER.1CdV1 GUARANTY For the purpose of assuring and guaranteeing to
the City that the improvements to be constructed, installed and furnished by
CDS, as set forth in Paragraph 3 above, shall be constructed, installed and
furnished according to the terms of this Agreement, and to ensure that CDS
shall pay all claims for work done and materials and supplies furnished for
the performance of this Agreement, and that CDS shall fully comply with all
of the other terms and provisions of this Agreement, CDS 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 CDS's engineer and approved by the City Engineer. Upon City
Engineer's reasonable determination that said improvements have been
completed, City Engineer shall promptly provide written notice thereof to CDS
at which time said letter of credit may be renl<::c__ `.j; cor ;orate suret
bond a_c >:.°cveci by the City u;:c . t_a U_ :z.s obl i£ Ac thereu ^r'. ^::* * a period of o y� a
12. REPLACLIvOU All work and materials performed and furnished hereunder
by CDS, its agents and subcontractors, found by the City to be defective
within one year after acceptance by the City, shall be replaced by CDS at
CDS's sole expense. Said one year period shall commence on the date of the
City Engineer's written notice that said improvements have been completed.
13. LIABILITY INSURANCE CDS 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 CDS's work or the work of its 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 CDS
shall file a copy of the insurance coverage with the City.
Prior to coarnencement of construction of the improvements described in
Paragraph 3 above, CDS shall file with the City a certificate of such
insurance as will protect CDS, its contractors and subcontractors from claims
arising under the workers' compensation laws of the State of Minnesota.
14. OCNVEYANCE OF IMPROVIlL1EDTi5 . Upon completion of the installation by CDS
of the improvements set forth in Paragraph 3 above in accordance with the
•
-3-
plans and specifications hereunder and the written approval by the City, CDS
shall convey said improvements to the City free of all liens and encumbrances
• and with warranty bill of sale. Should CDS 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.
15. RIIVIEDIES UPON DEFAULT
a. Assessments In the event CDS shall default in the performance
of any of the covenants and agreements herein contained and such default
shall not have been cured within ten (10) days after receipt by CDS of
written notice thereof, or if such cure cannot be reasonably effected within
ten (10) days, and CDS fails to diligently commence procedures to cure the
same within ten (10) days and effect such cure within ninety (90) days, the
City, if it so elects, may cause any of the improvements described in
Paragraph 3 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 expenses incurred by the
City to be recovered as a special assessment under M.S. Chapter 429, in which
case CDS agrees to pay the entire amount of such assessment within thirty
(30) days after its adoption. CDS further agrees that in the event of their
failure to pay in full any such special assessment within the time prescribed
herein, the City shall have a specific lien on all of CDS's real property
within the City of Shorewood 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 M.S.
Chapter 429 notice requirements to CDS be and hereby are waived in their
entirety, and CDS shall reimburse the City for any expense incurred by the
City in remedying the conditions creating the emergency.
b. Performance Guaranty In addition to the foregoing, the City
may also institute legal action against CDS 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 3 and Paragraph 12 above; and
(2) the cost of curing any other default by CDS and Peterson 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.
•
-4-
16. HEMINGS 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.
17. PROOF OF TITLE Peterson shall furnish the City with a title insurance
policy in the sum of $10,000.00, issued by a reputable title company,
insuring the City against loss or damage incurred by the City by reason of
any defect, lien or encumbrance on the title to the land to be conveyed in
Paragraph 2 herein.
18. 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 CDS and Peterson by written notice
given by one to the other, may designate any address or addresses to which
notices, certificates or other conumnications 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 CBS: CDS Development Corporation
9714 - 10th Avenue North
Minneapolis, MN 55441
To Peterson: Rodney H. Peterson
21355 Christmas Lane
Shorewood, MLA 55331
19. 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.
20. 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 anyway be
affected or impaired thereby.
21. 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.
22. CONSTRUCTION This Agreement shall be construed in accordance with the
laws of the State of Minnesota.
0
-5-
IN WITNESS WHEREOF, the parties hereto have caused these presents to
be executed on the day and year first above written.
L�
•
By:
Its: .1 Q 1 a. ,
';,
I rm "no W. L — —
•..� - 'Pe terson
� �
K*Nc Pe ..
STATE OF MINNESOTA
CDLTNT'Y OF IMP IN
ss
CITY OF SHOPXVVC M
By: C�
Robert Rascop
Its: Mayor
ATTEST
City Clerk
On this 1c " day of 1988, before me, a Notary Public
within and for said County, persona My appeared Robert Rascop and Sandra
Kennelly, to me personally known, who, being each by me duly sworn, did say
that they are respectively the IVlayor 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 Kennelly acknowledged said
instrument to be the free act and dee of sa'd cor oration.
SUSAN A. NICCUM
%•� NOTARY PUBLIC - MINNESOTA Notary Public
'. HENNEPIN COUNTY
My Commission Expires Mar. 6, 1990
X
-6-
•
•
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
On this 36n4 day of 1;yw -/L , 1988, before me, within and for
said County personally appeared Rodney H. Peterson and Nancy M. Peterson to
me personally known to be the persons described in and who executed the
foregoing instrument and acknowledged that they executed the same as their
free act and deed.
x
PHOE3EI BET?LE'
NOTARY 2USLIC - MINNESOTA
DAKOTA COJPITY
My Cammiss,jn ExPires Oct. 8, 19N
lfVVVVVVVVVVVNNWtiMNWVVWWWWVVV Et
STATE OF MINNESOTA
COUNTY OF HEZMPIN
ss
Y :::�/ %1
N otary •
On this day of 4 , 1988, before me, within and for
said County personally appeared �� W � who, being by me duly
sworn, did say that he is the P -.- of ®S Development Corporation,
the corporation named in the foregoing instrument, and that said instrument
was signed and sealed in behalf of said corporation by authority of its Board
of Directors, and said acknowledged said instrument to
be the free act and deed of said corporation.
� nn M'' 1bw4rb�% WASi. �ih,; 1 .1� +;A1°y's�+�ni�lV41�v+11�iksE
o
P F! yy
I' ,'�
A 15
—7—
•
Lot 174, MIDITOR'S SUUDIVISICN NEABER CNE HUNDRED AND TNENTY Hennepin County
Minnesota, according to the recorded plat thereof.
That part of Lot 173, AUDITCR'S SUBDIVISICtq 2qB CNE HUNDRED AND MN=
Hennepin County Minnesota, according to the recorded plat thereof which lies
southwesterly and westerly of the following described line and its northerly
extension.
Cormencing at the southeast corner of said Lot 173; thence on an
assumed bearing of West along the south line of said Lot 173, a
distance of 128.31 feet, to the northwest corner of Lot 1, Block 1,
MINNELONA, according to the recorded plat thereof, the point of
beginning of the line to be described; thence North 56 degrees 06
minutes 33 seconds West a distance of 145.73 feet; thence North 11
degrees 44 minutes 25 seconds Nest a distance of 172.90 feet to the
northerly line of said Lot 173, and said line there terminating.
•
EXHIBIT A
•
IRZ
0 0 0
ss
rn
, tl
1 >
i
R
i-. P a
NEW
Jo!
m
01.6
- 7�C -
kA
W
D
( �
a
Ar
I I
ow
0 0
(j)
O
Z
0
MIBIT B