86-034
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RESOLUTION NO. 34-86
A RESOLUTION APPROVING THE FINAL PLAT OF
SWEETWATER AT NEAR MOUNTAIN
WHEREAS, the final plat of Sweetwater at Near
Mountain has been submitted in the manner required for platting
of the land under Shorewood Comprehensive Plan 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 Sweetwater at Near Mountain is
hereby approved.
2. That the approval is specifically conditioned upon
the terms and conditions as contained in the Development
Agreement attached hereto and made a part hereof as Attachment 1.
3. That the Mayor and City Clerk are hereby authorized
to execute Certificate of Approval on behalf of the City.
4. That this final plat shall be filed and recorded
within 30 days of the date of this Resolution.
BE IT FURTHER RESOLVED, that such 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 of record forthwith without further formality all in
compliance with Minnesota Statutes and Ordinances of the City.
Dated this 28th day of April, 1986.
CITY OF SHOREWOOD
Mayor
ATTEST:
City Clerk
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CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
NEAR MOUNTAIN
THIS AGREEMENT, made this 28th day of Apri 1
1986, by and between the CITY OF SHOREWOOD, a Minnesota
municipal corporation, hereinafter referred to as the "City",
and LUNDGREN BROS. CONSTRUCTION INC., hereinafter referred to as
the "Developer".
WHEREAS, Developer holds an option to purchase from the
fee owners, certain real property located in the City of
Shorewood, County of Hennepin, State of Minnesota, and legally
described as set forth in Exhibit A attached hereto and made a
part hereof, hereinafter referred to as "Property"; and
WHEREAS, Developer proposes to develop said property by
means of a planned unit development, "PUD", and include within
the development single-family dwellings, single-family attached
doubles, and townhouses; and
WHEREAS, Developer has heretofore filed its application
for a PUD with the City Clerk and submitted a Concept Plan and
Preliminary Plat for the property, which matters were considered
by the City Planning Commission at a Public Hearing held on July
12, 1979; and
WHEREAS, upon recommendation of the City Planning
Commission, the City Council did consider and approve the PUD,
Concept Plan and Preliminary Plat as set forth in Resolution No.
55-79; and
WHEREAS, Developer submitted a revised Concept Plan and
Amended Preliminary Plat for the property, which matters were
considered by the City Planning Commission at a Public Hearing
held on December 3, 1985; and
WHEREAS, upon recommendation of the City Planning
Commission, the City Council did consider and approve the
Revised Concept Plan and Amended Preliminary Plat on December
16, 1985, as set forth in Resolution No. 93-85; and
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WHEREAS, Developer has submitted a Development Stage
Plan for the entire property, which plan is attached hereto and
made a part hereof as Exhibit B, and the City Council did
consider and approve such Development Stage Plan on Februarv 10
1986; and
WHEREAS, said Development Stage Plan envisions a 273
lot development encompassing the entire property consisting of
59 large single-family lots, 52 smaller single-family lots, and
162 single-family attached doubles and townhouse lots, and
proposes that the property be developed in separate phases, with
Phase I of said development to consist of 28 large single-family
lots in Sweetwater at Near Mountain, and 29 smaller
single-family lots in Chestnut Ridge at Near Mountain Ninth
Addition.
NOW, THEREFORE, in consideration of the mutual
covenants and guarantees contained herein, the parties agree as
follows:
1. FINAL PLAT. Developer has filed with the City
Clerk the first final plat for this development. The remainder
of the property shall initially be platted as outlots. As each
phase is developed, Developer shall submit final plats for such
phase consistent with the preliminary plat and the Development
Stage Plan and in accordance with the procedures set out in
existing City ordinances. No work on any phase shall be
commenced until the requirements as to each phase as set out
herein have been met and formal approval to proceed is given by
the City. Should Developer violate the conditions of this
Agreement, the City Council may renegotiate the terms of this
Agreement pursuant to Section 200.25, Subdivision 6d(5) of
Shorewood Ordinance Number 168. Developer may make changes for
the purpose of meeting a future and changing market by making
adjustments to future phases with the approval of the City
Counc i 1'.
2. PROOF OF TITLE. Developer shall furnish a title
opinion addressed to the City issued by the attorney for the
Developer, which opinion guarantees that Developer in fact has a
legal right to become fee owner of the property upon exercise of
certain rights and to enter upon the same for the purpose of
developing the property. Developer agrees that in the event
Developer's ownership in the property should change in any
f~shion, except for the normal process of marketing lots, prior
to the completion of the project and the requirements of this
Agreement that he shall forthwith notify the City of such change
in ownership.
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3. IMPROVEMENTS BY DEVELOPER. For each plat that
Developer files, 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,-~tabilizing and bituminous
surfacing;
b. Surmountable concrete curbs and gutters;
c.. Sanitary sewerlJ\ains;
d. Watermains; ---,
e. Storm sewers 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.
4. IMPROVEMENTS INSTALLED BY CITY. None of the above
improvements are contemplated to be installed by the City at
this time. However, this Agreement may be amended to provide
for certain of the above improvements to be installed by the
City and the cost thereof to be assessed back against the
benefited properties at some future date.
5. STANDARDS OF CONSTRUCTION. Developer agrees that
all of the foregoing improvements 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.
6. 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.
.' 7. PHASE SCHEDULING. It is agreed that the work
within the development will be performed in separate phases as
set forth in the Development Stage Plan and as shown below:
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Projected Phasing for Near Mountain
. Approximate Anticipated Anticipated
Phase No. Units Commencement Completion
I 96 1986 1988
II 55 1986-1987 1988-1989
III 71 1987-1988 1989-1990
IV 51 1988-1990 1990-1992
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It is understood that the above phasing schedule may be adjusted
to reflect changing market conditions or changes in ownership of
the property.
8. CONSTRUCTION SCHEDULE FOR PUBLIC IMPROVEMENTS. It
is agreed that the construction of public improvements for each
plat shall be performed in accordance with a written schedule in
the form of a bar chart to be submitted by Developer.
Construction of public improvements for the first plat shall
commence within a period of not more than one hundred twenty
(120) days following execution 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, in its
discretion, may extend the dates specified for completion.
9. GRADING, DRAINAGE, AND EROSION CONTROL. Developer
shall file a grading, drainage and erosion control plan for each
development phase, which plan shall be subject to review and
approval by the City Engineer. The initial grading plan shall
be filed forthwith and shall be in accordance with documents
which have heretofore been presented as part of the Development
Stage Plan. Developer, at its expense, shall provide temporary
dams, earthwork or such other devices and practices, including
seeding of graded areas, as shall be needed, in the judgment of
the City Engineer, 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.
10. STAKING, SURVEYING AND INSPECTION. It is agreed
that the Developer, through his engineer, shall provide for all
staking and surveying of the above-described improvements. In
order to ensure that the completed improvements conform to the
approved plans and specifications, the City Engineer or his
representative shall make all inspections and shall supervise
all testing which may be reasonably required during the
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construction of the improvements set forth in Paragraph 3
above. Developer shall maintain records of all inspections and
tests and forward copies of such records to the City Engineer
each week.
11. STREETS, SANITARY SEWER, WATER, STORM SEWER AND
SURFACE WATER DRAINAGE FACILITIES.
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a. Plans and Specifications. The Developer agrees to
cause its engineers to prepare all plans and
specifications necessary for the installation of
public streets, private roads, curb, gutter,
sanitary sewer, watermains, 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 a full set of as-built mylar
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 abutting
property owners required for the installation of
the sanitary sewer, storm sewer, and water
facilities within the plat, and thereafter promptly
assign said easements to the City.
12. CLAIMS FOR WORK. 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.
13. FINAL INSPECTION. Upon completion of the
improvements set forth in Paragraph 3 above, the City Engineer,
the contractor, and the Developer's engineer will make a final
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inspection of the work. Before final paYment is made to the
contractor by the Developer, the City Engineer shall be
satisfied that all work is satisfactorily completed in
accordance with the approved plans and specifications~ and the
Developer's engineer shall submit a written statement attesting
to same.
14. REIMBURSEMENT OF COSTS. 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 41 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. .
15. CITY DISCLAIMER. 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
Developer will save the City harmless from all such claims,
demands, damages, 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.
16. PERFORMANCE GUARANTY. The Developer has submitted
a proposed "Agreement Providing Alternative Security for
Subdivision Improvements" (Security Agreement) rather than a
performance bond or security deposit to secure performance of
its obligations under the within contract. Said Security
Agreement is hereby given concept approval only, subject to the
following conditions:
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a. All documentation evidencing the Security Agreement
shall be approved by the City Attorney prior to the
commencement of work on the project.
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b. The City Engineer shall do all inspection of the
work.
c. 'No disbursement of funds shall be made by the
escrow agent under said Security Agreement to
contractors on pay requests until the City Engineer
certifies that the work has been done in accordance
with City standards and the plans and specifications.
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17. BOULEVARD LANDSCAPING, DRIVEWAYS AND PRIVATE
ROAD. The Developer or its assigns agree to furnish, construct
and install, at their sole expense, the following improvements
for the benefit of each lot within the development.
a. Boulevard sod, which shall be of uniformly good
quality.
b. Sodding in front yards and side yards abutting
streets.
c. At least one (1) shade tree of a minimum diameter
of 2 inches shall be provided to each lot on which
no trees currently exist.
d. All driveways shall be paved.
e. Driveways constructed upon Lots 1 through 5, Block
1, SWEETWATER AT NEAR MOUNTAIN giving ingress and
egress directly onto Covington Road shall contain a
paved turning area large enough so that any
automobile parked within the driveway may enter
onto Covington Road without backing onto Covington
Road.
For the purpose of assuring to the City that the improvements
required by this paragraph shall be constructed and installed
according to the requirements of this Agreement, Developer or
its assigns agree to deposit with the City cash in the sum of
$500.00 per lot at the time application is made for a building
permit for each lot or to provide a letter of credit
satisfactory to the City to cover all of the said improvements
to be constructed and installed within the plat. All deposits
shall be returned to the Developer or its assigns upon approval
of the installations by the City.
18. ACCESS. Developer shall provide reasonable
access, including temporary grading and graveling to all
residences in the plat until the streets are accepted by the
City.
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19. STREET SIGNS. Developer, at its expense, shall
;providestandard city'street identification signs and traffic
'Control signs in accordance with the Minnesota Manual on Uniform
Traffic Control Devices. Developer shall have the option of
providing custom designed identification signs subject to the
approval of the City Engineer. City's resEonsibility for
replacement shall be limited to replacement-with standard City
street signs only. .
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20. ADVERTISING DISPLAY SIGNS. __...cPi"splay signs for the
purpose of advertising the Subject Property may be erected in
accordance with sign plans to be submitted by Developer and
approved by the City Council.
21. REPLACEMENT. All work and materials performed and
furnished by the Developer, its agents and subcontractors,
pusuant to Paragraph 3 above, which are 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. This
guarantee of work shall be secured to the City by an irrevocable
letter of credit, or a corporate surety bond, at the election of
and in an amount established by the City, furnished by the
Developer to the City. Said letter of credit or surety bond
shall first be approved by the City Attorney, and 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.
22. 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 3 above, the Developer shall
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.
23. WATER AND SEWER REVENUES. All water and sanitary
sewer service charges shall at all times be billed by the City
and all revenues derived therefrom shall be the sole property of
the City.
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24. CONVEYANCE OF IMPROVEMENTS. Upon completion of
the installation by Developers of the" improvements set forth in
Paragraph 3 above in accordance with the plans and
specifications hereunder and the written approval by the City,
the Developer shall convey said improvements to the City free of
all liens and encumbrances and with warranty of title. 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.
25. PARK DEDICATION. Developer shall, at the time
that each final plat of each phase is approved by the City, pay
the required park dedication fee in such amount as maybe
required by City Ordinance as of the date such final plat is
approved. In addition to such cash payment, Developer shall
acquire and grant to the City an easement for trail purposes,
such easement to be 20' in width over and across the property
described in Exhibit C attached hereto and made a part hereof.
Said easement shall be provided to City prior to approval of
final plat for single family lots abutting Covington Road.
26. SOUTHEAST AREA TRUNK WATER SUPPLY AND STORAGE
FACILITY. The fee owner of the property has previously
submitted to the City Council a petition, as provided for by
Minnesota Statutes Chapter 429, for the construction of a local
improvement known as the Southeast Area Trunk Water Supply and
Storage Facility (the project) to provide water to the southeast
portion of the City of Shorewood. It is understood and agreed
that the entire cost of said improvement will be assessed
against those developments known as Trivesco (Waterford),
Covington Vine Ridge, Near Mountain, and Silver Ridge, and that
the property described in Exhibit A herein will be assessed its
proportionate share of such cost. Assessment will be over a
period of time coinciding with the payback of the bonds sold to
construct said project, said period to be not less than ten (10)
years. The assessment shall bear interest at the rate of one
and one-half (1 1/2%) per annum above the interest rate shown
on the bonds. The total cost of said project shall be the
actual construction cost, plus indirect costs for
administrative, legal, engineering, and bonding expenses.
Developer herewith agrees and waives all hearings and
objections, statutory or otherwise, and consents to said
assessments being placed on the property. Developer agrees to
pay any installment of special assessments for a particular lot
or lots owned by the Developer within the plat when such
installment falls due.
27. SEWER ASSESSMENTS. The original assessments
against the property for sanitary sewer are in the amount of
$63,308.00. Developer acknowledges that as a newly platted
planned unit development, additional sums will be assessed
against the property as equalization charges pursuant
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toShorewood Ordinance No. 80. Developer and the City agree
that all .suchcharges 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
term of the or19inal assessments, together with interest on the
balance remaini~g at the rate of six and one-half (6.5%) per
annum. A schedule of such charges is set forth.inExhibit D,
attached her~~~o:and made a part hereof.
28. OCCUPANCY PERMITS. The occupancy of any 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 and water
lines shall have been installed, tested, and available to serve
the lot for which the building permit shall have been issued.
29. 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.
30. OUTLOTS. The initial plat for this development
shall be for Sweetwater at Near Mountain with the remainder of
the property platted as outlots. As each phase is developed,
Developer shall submit final plats for the out lots comprising
such phase.
31. DESIGNATED WETLANDS. At the time each phase is
platted, Developer shall provide conservation easements over all
designated wetlands, pursuant to Shorewood Ordinance #70.
32. DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS. 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 any particular
plat.
33. 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 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 expense
incurred by the City to be recovered as a special assessment
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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 furth~r agrees.that in
the event of its failure to pay in full any such special
assessment within the time prescribed herein, the City shall
pave a specific lien on all of Developer's real property within
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 determined 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 City in remedying the conditions creating the
emergency.
b. Performance Guaranty.
the foregoing, the City may utilize
require performance under the terms
set forth in Paragraph 16 above, to
the City for:
In addition to or in lieu of
any cash deposit made or
of the Security Agreement
collect, pay, or reimburse
(1) the cost of completing the construction of the
improvements described in Paragraph 3 and Paragraph
17 above; and
(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 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 become a part.
34. STREET MAINTENANCE DURING CONSTRUCTION. The
Developer shall be responsible for all street maintenance until
streets are accepted by the City. Warning signs shall be placed
when hazards develop in streets to prevent the public zrom
travelling on same and directing attention to detours. Ifand
when streets become impassable, such streets shall be barricaded
and closed. In the event residences are occupied prior to
completing streets, the Developer shall maintain a smooth
surface and provide proper surface drainage. The Developer
shall be responsible for keeping streets within and without the
development swept clean of dirt and debris. that may spill or
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.wash onto the street from ... his operation. The Developer
request in writing,that the City keep thestreets;open
the winter months by plowing snow from said streets prior to
final acceptance of said streets. The City shall not be
responsible for reshaping said streets because of snow plowing
operations if they are requested and providing snow plowing
service does not constitute final acceptance ~fsaid streets.
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35. COMPLIANCE WITH LAWS, ORDINANCES AND REGULATIONS
PERMITS. In the development of each plat, Developer shall
comply with all laws, ordinances and regulations of, and secure
all necessary permits from, the following authorities:
a. City of Shorewood
b. State of Minnesota, its agencies, departments, and
commissions
c. Riley-Purgatory Creek Watershed District
d. U. S. Army Corps .of Engineers.
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36. DURATION OF AGREEMENT. This Agreement shall
remain in effect until such time as Developer shall have fully
performed all of its duties and obligations under this
Agreement.
37. HEADINGS. 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.
38. SEVERABILITY. In the event any prov~s~ons of this
Agreement shall be held invalid, illegal, or unenforceable by
any court of competent juri~diction, 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.
39. 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.
40. CONSTRUCTION. This Agreement shall be construed
in accordance with the laws of the State of Minnesota.
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41. 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
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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:
Ci ty of Shorewood .
5755 Country Club Ro~~
SJ?,orewood, MN 55331-:
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To the Developer:
Lundgren Bros. Construction Inc.
935 East Wayzata Boulevard
Wayzata, Minnesota 55391
42. 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.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the day and year first above-written.
LUNDGREN BROS. CONSTRUCTION INC.
CJ
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CITY OF SHOREWOOD
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Its Mayor
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by:
Its
ATTEST:
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City Clerk . .. .
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STATE OF MINNESOTA
ss
COUNTY OF HENNEPIN
On this ____ day of , 1986, before me, a Notary
Public within and for said County, personally appeared
and , 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 and acknowledged
said instrument to be the free act and deed of said corporation.
Notary Public
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
r;2j:' .-; /J
On this l---~day of 'C1/1/t:#j. r":/'.~,,1986,r) 9-~tore me, within and
for said County personally appearq, /<; / /-e~-;/j/-'/ .{:a Z?''' /
and to me person 'ly known, who, being
each b~ m~ d~ly sforn did say that they are respectively
the ~-;~&::k:~~f-:?f7::; and of the corporation
named in the foregoing instrument, and that the seal affixed to said
instrument is the corporate seal of said corporation, and that said
instrument was signed and sealed in behalf of said corporation by
authority of its Board of Directors and acknowledged said instrument
to be the free act and deed of said corporation.
Margaret D. Dolan
NotBiy Puhiic-Minnesota
H,::mr.epifl GGunty
My Comril. Exp. 11-2.90
"*#.#~N
-14-
i::,'i .-ii :i,,"-:'
EXHIBIT A
.
That part of the Southeast Quarter of the Northeast Quarter and of
the Northeast Quarter ofr the Southeast Quarter of Section 36,
Township 117, Range 23"...J.ying southerly of the center line of the
Town. Road. Government_lots 5 and 6 and the Southeast Quarter of :the
Southeast Quarter of -Sec'tion36 Township 117 Range 23 according to
the Government Survey thereof. (The North line of said Government
Lot 5 is marked by judicial landmarks set pursuant to Torrens Case
No. 13685.)
.
.
.
OES01IPTlai
Housing Type
NO. OF UMTS
Approved Proposed
~0_11/85
63 24
28
50 61
20' - 20'
10'-10'
10'-10'
PUBUC PARK
Single FamUy (Type Al
100' mln.wldth @ setback
35'
35'
30'
Single Famly (Type BI
75' min. width @ setback
20 39
25'
25'
Townhouse (North)
Townhouse ( South I
Quad Homes
100
40
TOTAL: 273
121
I
IOlin"TI
z
o
~
~
SCALE IN FEET
273
LAKESHORE lOTS
GROSS SITE AREA 155.4 BC.'"
( e..luolve of SIlver Ridge)
NET SITE AREA 129.2 ac.'"
(gro.. area les. wetland .,..)
SITE DENSITY 2.1 unlts/ac.'"
(No. Units/Net Ar..)
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: l
jiJ' ----
/ --/r-- ' ~N u:: RO. STATE HWY. NO. 101
tel \ f/
0'! ~ I ~ I'J NEAR MOUNTAIN
'I' /! 0 Coo
/.~ : ~ I ~ I
II i ~
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516,OOD $f FI<
II-~t ,lie,..,.
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33"":; "
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JI0 50
._- 2640."--- g
r-------~ ~~--1
FUTURE PLAT \ Z \ ___ -l
~____--------I ~ I------- ~
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\ ____ I :!." -\"
1 '\ z. \"----..... --....... /-gl-c,,"" \
. \ P.ss! ~/ /.... ~o...rf[jf-""'Gr.~
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.. I ~.. IOflf
Thot port of lhe Southeast ~ of the NDdh-
eo.t .ar>do( t....Nr:>dheast .of tt.eSoulh-
-.1 ,of Sedi..., 36, r.......hJ.p117 ~
2).I,l(1g;ooutherl'oft....,,""t...ilneof
thotT"""Rood _..--.tlotsSar>d6
ar>d the s....t.......t ~ of tM Southecnt ~
of s..:Uon 16, T-.....4> 117, Ror.ge 23
Also Loh ~ ond', eloclc 2, SILVER RIlXX.
~l;..,~~.l>ll~';";:::::.fOCCOrdl"9
OUTLOT B
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:"rs 7
\
\ TRAPHAS
\ \
\ \
\ \
I
I
\ ADDITION
I ·
I
NEAR MOUNTAIN
-
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- L _
=-.'~ _._~ ...-..-.----
- -
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....'''..11.
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a: i=
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1.
EXHIBIT B
J
.
.
.
NEAR MOUNTAIN - SHOREWOOD
TWENTY FOOT PUBLIC WALKWAY EASEMENT
The Northwesterly 20.00 feet of the Southeasterly 50.00 feet of
Lot 3, Block 2, SILVER RIDGE, Hennepin County, Minnesota,
according to the plat thereof on file or of record in the office
of the Registrar of Titles.
EXHIBIT C
NEAR MOUNTAIN - SHOREWOOD
. Original Assessments:
PIN 41 0001 1 C Unit @ 1900 $ 1,900
Parcel 4435 1 B Unit @ 1800 1,800
1 A Unit @ 1700 1,700
3 D Unit @ 1000 3,000
$ 8,400
Square Footage 1,795,107
less wetlands 43,560
Net sq. feet 1,751,547 @ 1 cent/sq.ft $ 17,515
PIN 42 0001 (No units)
Parcel 4455
Square Footage 3,118,896
less wetlands 901,692
Net sq. feet 2,217,204 @ 1 cent/sq. ft. $ 22,172
PIN 43 001 1 C Unit @ 1900 $ 1,900
Parcel 4465
Square Footage 1,528,085
. less wetlands 196,020
Net sq. feet 1,332,065 @ 1 cent/sq. ft. $ 13,321
Total Original Assessment $ 63,308
Equalization Charges
Equalization charge for C unit = 400 + interest @ 7%
Equalization charge for B unit = 350 + interest @ 7%
Equalization charge for A unit = 200 + interest @ 7%
28 lots of 39,200 sq. feet each = 28 C units
Per unit equalization charge = $400 plus interest (7% for 14
years) or $792/unit.
Total equalization charge = 28 C units x $792 = $22,176.00
.
EXHIBIT D