85-063
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RESOLUTION NO. (,3- as'"
WHEREAS, Rafael A. Viscasillas, Valerie J. Viscasillas,
Stanley Kotzker, and Joyceann T. Kotzker have applied for a
division of certain property in the City of Shorewood, County of
Hennepin, Minnesota, legally described in Exhibit A, attached
hereto and made a part hereof; and
WHEREAS, the applicants have executed a Declaration of
Party Wall, Driveway, Water System and Electrical Easement and
Maintenance of Same Agreement, dated 3 No~qmb~~ l~b5, which is to
be filed herewith and become a restriction on the
above-described property; and
WHEREAS, said requested division complies in all
respects with the zoning ordinance of the City of Shorewood.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
the City of Shorewood as follows:
1. That the property legally described in Exhibit A
above be divided into two parcels, legally described in Exhibit
B, attached hereto and made a part hereof.
2. That the City Clerk furnish applicants with a
certified copy of this resolution for filing with the Hennepin
County Recorder.
ADOPTED BY THE CITY COUNCIL this /~ay Of~' 198v.
Mayor
ATTEST:
City Clerk
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EXHIBIT A
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That part of the property hereinafter described which lies
Southerly of the Northwesterly right-of-way of State Trunk
Highway Number 7 as now constructed, to-wi t:
That part of IDt 167, Auditor's Subdivision No. 135, Hennepin
County, Minnesota lying Easterly of a line drawn fran a point
in the North line of said lot 167 distant 127.6 feet East. of
the Northwest comer thereof to a point in the center line of
Chaska Road as shown in the plat of Auditor's Subdivision No.
135, Hennepin County, Minnesota, which point bears North
43020' East a distance of 219. 7 feet fran the intersection of
the West line of said Lot 167 extended with the South line of
section 34, Township 117, Range 23, according to the plat
thereof on file or of record in the office of the Register of
Deeds in and for said County.
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EXHIBIT B
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PARCEL 1:
That part of the property hereinafter described which lies
Southerly of the Northwesterly right-of-way of State Trunk
Highway Number 7 as now constructed, to-wi t:
That part of Lot 167, Auditor's Subdivision No. 135, Hennepin
County, Minnesota lying Easterly of a line drawn fran a point
in the North line of said Lot 167 distant 127.6 feet East of
the Northwest comer thereof to a point in the ,center line of
Chaska Road as shown in the plat of Auditor's subdivision No.
135, Hennepin County, Minnesota, ,which point bears North
43020' East a distance of 219.7 feet from the intersection of
the West line of said Lot 167 extended with the South line of
Section 34, Township 117, Range 23, according to the plat
thereof on file or of record in the office of the Register of
Deeds in and for said County, lying Southwesterly of a line
described as follows: comrencing at the Southeast comer of
the Southwest quarter of Section 34, Township 117 North,
Range 23 West of the 5th Principal Meridian; thence West on a
line which if extended \'X)Uld intersect the Southwest comer
of said Southwest quarter a distance of 426.34 feet to the
point of beginning of the line being described; thence
deflecting right 63036'38" to the Northwesterly right-of-way
line of State Trunk Highway No.7, and there ending.
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'PARCEL 2:
That part of the property hereinafter described which lies
Southerly of the Northwesterly right-of-way of State Trunk
Highway Number 7 as now constructed, to-wit:
That part of Lot 167, Auditor's Subdivision No. 135, Hennepin
County, Minnesota, lying Easterly of a line drawn from a point
in the North line of said LDt 167 distant 127.6 feet East of
the No~st comer thereof to point in the center line of -
Chaska Road as shown in the plat of Auditor's SUbdivision No.
135, Hennepin County, Minnesota, which point bears North
430 20' East a distance of 219.7 feet fran the intersection of
the West line of said wt 167 extended with the South line of
Section 34, Township 117, Range 23, according to the plat
thereof on file or of record in the office of the Register of
Deeds in and for said County,
EXCEPT that part of said above-described property lying
Southwesterly of a line described as follows: Com'rencing at
the Southeast comer of the Southwest quarter of Section 34,
Township 117 North, Range 23 West of the 5th Principal
~idian; thence West on a line which if extended would
intersect the Southwest comer of said Southwest quarter, a
distance of 426.34 feet to the point of beginning of the line
being described; thence deflecting right 63036'38" to the
Northwesterly right-of-way line of State Trunk Highway No.7,
and there ending. .
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DEX::lARATIOO OF PARrY l'ZALL; DRIVE';'lAY, WATER SYSTEM
AND ~CAL EASEMENT AND MAINTENANcE OF SAME
~,,~"'~(""
THIS DEX:IARATIOO is entered into this ~ day of ~t, 1985 by Rafael A.
Viscasillas and Valerie J. Viscasillas, husband and wife, (VISCASILIASES) and
Stanley Kotzker and Joyceann T. Kotzker, husband and wife, (KarZKERS).
WHEREAS, prior to the signing of this Declaration Rafael A. Viscasillas and
Valerie J. Viscasillas, husband and wife, were the joint tenant owners of an
illldi vided one half (1/2) and Stanley Kotzker and Joyceann T. Kotzker, husband
and wife, as joint tenants were avners of the other illldivided one half (1/2) of
the following described property:
That part of the property hereinafter described which lies
Southerly of the Northwesterly right-of-way of State Trunk
Highway Number 7 as now constructed, to-wit:
That part of Lot 167, Auditor's Subdivision No. 135, Hennepin
County, Minnesota lying Easterly of a line drawn fran a point
in the North line of said Lot 167 distant 127.6 feet East of
the Northwest corner thereof to a point in the center line of
Chaska Road as shown in the plat of Auditor's Sulxlivision No.
135, Hennepin County, Minnesota, which point bears North
43020' East a distance of 219.7 feet fran the intersection of
the West line of said Lot 167 extended with the South line of
Section 34, Township 117, Range 23, according to the plat
thereof on file or of record in the office of the Register of
Deeds in and for said Coilllty.
WHEREAS, there exist on said property a duplex in which KarZKERS reside in
the westerly one half (1/2) of said house (street address, 6142 Old Chaska Road)
and the VISCASILLAsES reside in the easterly one half (1/2) of said house (street
address, 6140 Old Chaska Road) and
h11ERFAS, it is the desire of the parties to divide the real estate into two
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parcels with KarZKERS owning the westerly portion and the VISCASll.IASES owning
the easterly portion, and
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WHEREAS, towards that end the parties have had the property surveyed and
have, prior to the recording of this Declaration, obtained approval for said lot
division fran the City of Shorewood and
WHERFJ\S, contanporaneous with the execution of the Declaration the parties
have executed a deed to KarZKERS to that part of the following described
property:
That part of the property hereinafter described which lies
Southerly of the Northwesterly right-of-way of State Trunk
Highway Number 7 as now constructed, to-wit:
That part of Lot 167, Auditor's Sul:x:1ivision No. 135, Hennepin
County, Minnesota lying Easterly of a line drawn fran a point
in the North line of said Lot 167 distant 127.6 feet East of
the Northwest corner thereof to a point in the center line of
Chaska Road as shown in the plat of Auditor's Sul:x:1ivision No.
135, Hennepin County, Minnesota, which point bears North
43020' East a distance of 219.7 feet fran the intersection of
the West line of said Lot 167 extended with the South line of
Section 34, Township 117, Range 23, according to the plat
thereof on file or of record in the office of the Register of
Deeds in and for said County, lying Southwesterly of a line
described as follows: Cornrencing at the Southeast corner of
the Southwest quarter of Section 34, Township 117 North,
Range 23 West of the 5th Principal Meridian; thence West on a
line which if extended would intersect the Southwest corner
of said Southwest quarter a distance of 426.34 feet to the
point of beginning of the line being described; thence
deflecting right 63036'38" to the Northwesterly right-of-way
line of State Trunk Highway No.7, and there ending.
WHEREAS, contanporaneous with the execution of this Declaration the parties
hereto have conveyed to VISCASILI..ASES that part of the following described
property:
That part of the property hereinafter described which lies
Southerly of the Northwesterly right-of-way of State Trunk
Highway Number 7 as now constructed, to-wit:
That part of Lot 167 , Auditor's Sul:x:1ivision No. 135,Hennepin
County, Minnesota, lying Easterly of a line drawn from a point
in the North line of said Lot 167 distant 127.6 feet East of
the ,Northwest corner thereof to point in the center line of
Chaska Road as shown in the plat of Auditor's Sul:x:1ivision No.
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135, Hennepin County, Minnesota, which point bears North
430 20' East a distance of 219.7 feet fran the intersection of
the West line of said Lot 167 extended with the South line of
Section 34, Township 117, Range 23, according to the plat
thereof on file or of record in the office of the Register of
Deeds in and for said County,
EXCEPT that part of said above-described proPerty lying
Southwesterly of a line described as follows: Conmencing at
the Southeast corner of the Southwest quarter of Section 34,
Township 117 North, Range 23 West of the 5th Principal
Meridian: thence West on a line which if extended would
intersect the Southwest corner of said Southwest quarter, a
distance of 426.34 feet to the point of beginning of the line
being described: thence deflecting right 63036'38" to the
Northwesterly right-of-way line of State Trunk Highway No.7,
and there ending.
WHEREAS, despite said lot division, there remains a ccxrm:>n wall, driveway,
water system and electric meter which are shared by the propertly owners and to
which the owners desire to grant nnltual easerrent rights and maintenance
obligations.
NCM THEREFORE, the parties hereto hereby declare as follCMS:
I. PARI'Y WALL
1. 'Ihe cornron wall dividing each one half (1/2) of the duplex located
partially on KarZKERS' S parcel and partially on VISCASILLASES' parcel
is hereby deem=d to be a party wall and the future owners of each
respective parcel shall have the right to use said wall jointly.
2. If it becares necessary or desirable to rePair or rebuild the whole or any
part of said wall, the rePairing or rebuilding expense shall be born equally
by the owners of the two parcels, their heirs and assigns. Any repairing or
rebuilding of the wall shall be on the same location and of the sane size as
the original wall and the same or similar material of the same quality shall
be used as that which was used in the original wall or portion thereof.
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. II. DRIVEWAY EASEMENr
1. The curved driveway which currently serves both parcels may continue to be
used by all of the parties except that the owners of either parcel may erect
a fence or plant shrubs, trees or any other type of foliage on their own
property which will prevent, the KarZKERS fran using the VISCASSTI..I.ASES I
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driveway and visa versa.
Each party will be responsible for the repair and maintenance of only that
portion of the driveway lying upOn the repairing or maintaining party's
property.
III. WATER SYSTEM
1.
The water system serving both properties consists of a well and holding tank
located on the KarZKERS' parceL Each parcel is currently served by its own
water softener.
2. VISCASILLASES shall have the uniIrp:rled and unrestricted right to water fran
the well and holding tank located on KarZKERS' property, together with' equal
use of and access to all pipes which deliver said water fran the KarZKER
property to the VISCASILI...ASES I property.
VI. ELOCTRIC METER
1. Both parties shall have equal access to, and equal rights in the electric
meters located on the outside wall of the southeast corner of the KarZKERS I
parcel.
V. GENERAL PROVISIOOS
1. The owners of both parcels agree to maintain the exterior of the duplex ingood repair and to maintain a unifonn color scherce and architectural design.
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. 2. The owners of both parcels shall be mutually and equally responsible for
maintenance of the party wall; well, holding tank and pipes which delivery
water to the VISCASn.I..ASES property; electric zreters; roof and exterior
paint.
3. The cost of all necessary repairs to said party wall, water system,
electric meters, roof and exterior paint shall be born equally by
the then owners of each of the above described parcels of land in equal
shares. Any repairs, cost of which are to be shared nutually by the then
owners of the two parcels, shall be mutually agreed upon prior to the
carmmcement of any such work.
4. The owners of each parcel shall maintain fire and casualty insurance on
their respective portion of the duplex in an arrount sufficient to repair or
rebuild that party's portion of the duplex in the event the sane is damaged
. or destroyed by fire, wind or other casualty. In the event a portion of the
duplex is damaged or destroyed, the party owning the damaged portion
covenants to adequately repair or ,replace that party's portion of the
double house to its original condition. The cost of any such repair or
replaceIiEnt shall be the responsibility of the party owning the damaged
portion of the duplex. It is the intention of the Declarants that said cost
be covered by adequate insurance held by the party responsible for the cost
of repair or replacercent.
VI. ARBITRATlOO
Any controversy that may arise between the owners of both parcels with respect
to the necessity for or cost of repairs or with respect to any of the rights or
liabilities of the owners under this agreeIiEn~ shall be subni.tted to the
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. decision of three arbitrators, one to be chosen by each of the owners of the two
parcels and the third to be chosen by the two arbitrators chosen by the owners.
The decision of a majority of such arbitrators shall be final and conclusive on
the owners of the parcels.
The benefit and obligations of the covenants set forth in this agreerrent shall
run with the parcels of land described above so long as the duplex constructed
or reconstructed thereon continues to exist, and shall bind the owners of
parcels A and B, their heirs, legal representatives, successors and assigns.
IN WITNESS WHERIDF, The Declarants have executed this Declaration as of the
day and year first above written.
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Rata viscasillas
/2~ ;~flrL~/.. ~
Valerie J. VI. scasillas .
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. STATE OF MnJUE3eJi'A V IRfJlAJlff
COUNl'Y OF llEN!1EPm ;:;4-1 12f;t /
The foregoing instrulrent was acknowledged before ne this S oR i> day of
)/'r,"EA?i3E~ r ,) -/) J ..---,./
l\.YSUIiC, 1985 by . ~ -rlnJt.FY Kar2~GL ffl'D 0 r~AJ -/ . lCon~~12-
;/vSi3IW"D 1Nb U)/{'C
7?~~ irc./ ~. 4I~
Nota Pub' c
':?7~C'~~ .R-y~ ~-<-J ..~ /7~?
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This instrulrent was drafted by:
SPENCER G. KLUEX;EL lAW FIRM
Spencer G. Kluegel
Attorney At Law
14525 Hwy 7, SUite 145
Minnetonka, MN 55345
(612) 935-0717
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. STATE OF MINNESOrA
C()tlli"!'Y OF HENNEPIN
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The foregoing instrulrent was acknowledged before ne this /3 day of
.::T~ /CfRc, ~ . r J/" I
7I"J:lst, 1:%5' by a.. / e /' / e.. '<d . Y IS (10. S i (a S
llt '"
~ S~~R~~~L~~ ~:~~S~T~Y
~ HENN:P1N COUNTY
My commhhl1 e"~;'''1 Aug. 22. 1986
STATE OF MINNESOI'A
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COUNl'Y OF HENNEPIN
The foregoing instrulrent was acknowledged before ne this g day of
.jut.-\/ I ~i(p .~ 11 J'"
~t/1985by KAf-AeL- H.uTtJ,j,o (.sC:A5,I~
@CONSTANCEJ.FLEMING
.... NOTARV PUBLIC - MINNESOTA
QAJ)T A Cc.. ,'JTY
r.. v Lomr..ISSlon Exp i.; r 1 i 1992
~~ y;.4111Jt4
Notary Public II
STATE OF MINNESarA
COONl'Y OF HENNEPIN
The foregoing instrurrent was acknowledged before me this
day of
August, 1985 by
Notary Public
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MEMORANDUM OF AMENDED DEVELOPMENT AGREEMENT
TRIVESCO
This Memorandum of Amended Development Agreement is executed by
the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter
called "City," and TRIVESCO, a partnership consisting of Steiner and
Koppelman, Inc., Robert H. Mason Homes, Inc., and Highland
Properties, Inc., hereinafter called "Developer," to confirm certain
terms of that amended Development Agreement between City and
Developer dated August ~, 1985.
1. Said Development Agreement concerns platting and development
of certain real estate described in Exhibit A attached hereto and
incorporated herein.
2. The single-family portion of the project is proposed to be
developed in separate phases. Additional development plans and final
plans will be provided for the multi-family and commercial portions
of said project. Each phase shall be developed in accordance with the
following schedule:
PHASE I:
Single Family Homes
Commence on or before
Spring, 1985
PHASE II:
Single Family Homes
Final plat of single family
homes commence about or
before Fall, 1987
PHASE III: Multi-Family Homes
Commence about or before
Fall, 1990
PHASE IV: Commercial
Commence about or before
Fall, 1991
The preliminary plat for Blocks 1 through 8 of Water ford have been
approved by the City Council. The final plat for Blocks 1 through 5
and Lots 1 thorugh 9, Block 6, have been approved by the City
Council. The remainder of the property shall initially be platted as
outlots. As each phase is developed, the platting process shall be
used in accordance with the procedures set out in existing City
ordinances.
3. Developer shall file a grading and drainage plan for each
development phase. Before commencement of construction on any stage
that involves housing other than single family housing, Developer
shall file a detailed site plan showing the location of the
structures to be built. For all phases, Developer shall file plans
showing the details of the construction of required storm drains,
water lines, and sewer lines, including proposed location within the
right of way of electric, telephone, TV cables, sewer, water, and
storm drain lines. Also to be filed shall be street plans, street
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lighting plans, and entrance construction plans, including entrance
monuments, berms, and other landscaping to be provided.
4. Improvements to the property will be installed by Developer
and City. Improvements to be installed at Developer's expense by
Developer are called "Plan A Improvements." Improvements which
Developer has petitioned City to install and finance on an assessment
basis are called "Plan B Improvements."
5. PLAN A IMPROVEMENTS: Developer shall construct and install
at Developer's expense the following Improvements under Plan A:
A. Water Improvements as described in Contract Documents for
Project 84-85, Waterford, dated 23 July 1984
B. Traffic Control Sign Improvements
C. Entrance Monuments and Identity Signs
All Plan A Improvements for Phase I shall be completed not later than
1 October 1985.
6. Performance Bond: To ensure compliance and guarantee by
Developer and to secure the satisfactory completion of the Water
Improvements, Developer shall provide a performance bond satisfactory
to City. Such performance bond shall continue in effect during the
construction period of the Improvements and expire one (1) year after
the City's final acceptance of the Improvements.
7. PLAN B IMPROVEMENTS: Developer has petitioned City for the
installation of the following Plan B Improvements:
A. Permanent Street Sign and Street Sign Improvements
B. Sanitary Sewer Improvements
C. Storm Sewer Improvements
8. City agrees to make the Plan B Improvements and to assess 100
percent of the total cost of the project against the subject
property.
9. All Plan A and Plan B Improvements shall be overseen and
inspected by City Inspectors.
10. Developer shall pay the required park contribution as each
phase of the plat is approved, the amount of the park donation as
required by City ordinances as of the date said final plat is
approved.
11. Sewer Assessments: The original assessments against the
property for sanitary sewer shall be adjusted to reflect the
proportional use of the property.
12. Municipal Sewer Connection Charges: In addition to the
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above charges, Developer shall pay to City the equalization sewer
charge for connection to the municipal sewer for each of the living
units authorized to be constructed in the project over and above the
original number.
13. Developer agrees to hold Outlot C for the use of the
property to the north to provide access to the property to the north
and agrees to sell Outlot C to the owners of the property to the
north in the amount of $60,000.00, plus accrued interest.
14. Outlot E shall be subject to maintenance by the Homeowners'
Association for the project.
15. Outlot D shall be developed and integrated with the
Covington vine Ridge Development with access to be provided through
Covington Vine Ridge.
16. It is the intent of City to construct and install a
Municipal Trunk Water Supply and Storage Facility to provide water to
the southeast portion of the City of Shorewood consisting of an area
bordered by Vine Hill Road on the east, Christmas Lake/Christmas Lake
Point on the west, State Trunk Highway Number 7 on the north, and the
City limits on the south. Developer agrees to connect to such
municipal water facility at such time as its construction and
installation is completed. Developer may interconnect with the City
of Minnetonka for an interim water supply pursuant to Agreement for
Water Service, dated 5 August 1985, between the City of Shorewood and
the City of Minnetonka.
17. Signs for the purpose of advertising the property may be
erected in accordance with sign plans to be submitted by Developer
and approved by the City Council.
In presence of:
CITY OF SHOREWOOD
BY~~~~
Robert Rascop, Mayor
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Q S~~~~~"t~ ~ MINI~;;T~Y
~ HENNEPIN COUNTY
My commission expires Aug. 22, 1986
v~
By:J)~r:t
Its: Cit Admi.' st ator
In presence of:
TRIVESCO ~
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<" .. /' " .. " ,,' .. __------- ,/ r
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(~:rFL!L.fJ'...(~ ~.~-~~6-.,
~;~ SANDRA L. KENNELLY
....- .... NOTARY PU3LIC - MINNESOTA
...., HENNEPIN COUNTY
My commission expires Aug. 22, 1986
By:
Its:
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DESCH 1 1'>'1'] ()N:
. (REBER.5 PROPERTY)
The South Half of the Northeast Quarter of the Northeast Quarter of Section 36,
Township 117, Range 23, except the East 300 feet of the North Half thereof.
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(MURFIN PROPERTY)
rhat part of the Southwest Quarter of th0 Southeast Quarter, Section
25, Township 117, Ranqe 23, lying South of .1 line extending from a
point on the West line of said Southwest Quarter of the Southeast
Quarter distant 591.42 feet North from the Southwest corner of said
Southwest Quarter of the Southeast Quarter to a point on the East line
of saip Southwest Quarter of the Southeast Quarter distant 1236.14
feet North from the Southeast corner of said Southwest Quarter of the
Southeast Quarter, according to the Government survey thereof.
(CLIFFORD PROPERTY)
The Northwest 1/4 of the Northeast 1/4 of Section 36, Township 117,
Range 23, except the South 50.0 feet of the West 100.0 feet thereof.
All that part of Government Lot 4 in Section 36, Township 117, Range
23 bounded and described as follows: Commencing at a point on the
East boundary line of said lot a distance of 677.4 feet from and
~i~ec~ly North of the Southeast corner of said lot; thence North on
said East boundary line ~u the ~ortheast corner of said lot: thence
West on said North boundary line of said lot to the center line of the
county road now located and in use between Solberg's Point and
Chanhassen; thence in a Southeasterly direction .1~n9 rhp center line
of said county road to the point of intersection of said center line
of said county road with a line drawn parallel with and 677.4 feet
North of the Southerly line of said Lot 4: thence East along said line
parallel with and 677.4 feet North of the Southerly line of said Lot 4
to the point of beginning; except that part thereof described as
follows: Beginning at the Southwest corner of the Northwest Quarter
of the Northeast Quarter of ~~ction 36; thence East along the North
line of said Government Lot 4, a distance of 308.5 feet; thence at a
right angle South 259.91 feet: thence Southwesterly, deflecting to the
right at an angle of 69 degrees 44 minutes, a distance of 416.81 feet
to the Northeasterly line of Covington Road; thence Northwesterly
along said Northeasterly line of said Covington Road a distance of
457.46 feet to the North line of said Government Lot 4; thence East
along said North line of said Government Lot 4 a distance of 295.16
feet to the point of beginning.
BENCH MARK:
Top of hydrant at southeast corner of Vine Hill Road and Kingswood
Terrace. Elevation = 957.44 (NGVD - 1929).
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AMENDED
DEVELOPMENT AGREEMENT
TRIVESCO
THIS AGREEMENT, made this 12th day of AUGUST , 1985, by
and between the CITY OF SHOREWOOD, a Minnesota municipal corporation,
hereinafter called "City," and TRIVESCO, a partnership consisting of
Steiner and Koppelman, Inc., Robert H. Mason Homes, Inc., and
Highland Properties, Inc., hereinafter called "Developer."
WHEREAS, Developer is purchasing certain property located in the
City of Shorewood, County of Hennepin, State of Minnesota, described
as set forth in Exhibit A, attached hereto and incorporated herein by
reference and 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 homes, multi-family homes, and commercial property as
more fully described by Shorewood Resolution Number 39-84, dated the
25th day of June 1984; and
WHEREAS, Developer has heretofore filed his application for a
planned unit development with the City Clerk and after proper legal
notices, public hearings considering the plans were held on the 4th
day of May 1984, and the 11th day of June 1984.
WHEREAS, the City Council has approved the PUD, Comprehensive
Plan Amendment, and rezoning; and
WHEREAS, the City Planning Commission made its recommendations on
the preliminary plat to the City Council, which recommendations were
dated the 15th day of May 1984, and which did recommend said
preliminary plat. Pursuant to said recommendation the City Council
did consider the preliminary plat and approved the same on the 10th
day of September 1984 as set forth in Resolution Number 61-84; and
WHEREAS, the City Council approved the first phase single family
final plat on the 13th day of May 1985, as set forth in Resolution
Number 29-85; and
WHEREAS, the Development Agreement is required pursuant to
Shorewood Ordinance Number 168.
NOW, THEREFORE, in consideration of the mutual covenants and
guarantees contained herein, the parties hereby agree as follows:
1. All improvements and structures to be constructed on subject
property shall be done in compliance with all laws, ordinances,
regulations, and standards of the State of Minnesota, City of
Shorewood, appropriate watershed district and federal laws as may be
applicable, except as hereinafter specifically modified, which
compliance shall be reviewed by the City Administrator or his agents
so as to determine that they are, in fact, in accordance with said
regulations referred to herein.
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2. The legal description of the property is shown in Exhibit A
attached hereto. Developer's attorney, Jeremy S. Steiner, has
rendered a title opinion dated 31 October 1984, which opinion
guarantees that Developer in fact has a legal right to become fee
owner of the property upon exercise of a certain contract for deed
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 fashion, except for the normal
process of marketing lots, prior to the completion of the project and
the requirements of this contract that he shall forthwith notify the
City of such change in ownership.
3. Developer has filed with the City Clerk the final plat for
the development of the single-family portion of the project and said
plat is hereby attached as Exhibit B and incorporated herein. Said
final plat, together with this Development Agreement, is herewith
adopted and approved by the City as Developer's final plan except as
hereinafter expressly altered or amended. The single-family portion
of the project is proposed to be developed in separate phases.
Additional development plans and final plans will be provided for the
multi-family and commercial portions of said project. Each phase
shall be developed in accordance with the following schedule:
PHASE I:
Single Family Homes
Commence on or before
Spring, 1985
PHASE II:
Single Family Homes
Final plat of single
family homes commence
about or before Fall,
1987
.
PHASE III:
Multi-Family Homes
Commence about or before
Fall, 1990
PHASE IV:
Commercial
Commence about or before
Fall, 1991
.
The preliminary plat for Blocks 1 through 8 of Water ford have been
approved by the City Council. The final plat for Blocks 1 through 5
and Lots 1 through 9, Block 6, have been approved by the City
Council. The remainder of the property shall initially be platted as
outlots. As each phase is developed, the platting process shall be
used 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
Council. It is agreed that upon receipt of written notice from
Developer of the existence of causes over which Developer has no
control, which could delay the start or completion of work on any
phase, the City Council will, at its discretion, extend the date
-2-
.
.
.
specified herein.
4. Developer shall file a grading and drainage plan for each
development stage, as defined by Ordinance Number 168, which plan
shall be subject to review and approval of the City Engineer.
Initial grading plans shall be filed forthwith and shall be in
accordance with the documents which have heretofore been presented as
part of the final plan. Developer shall be limited to the
construction of those units shown on the final plan as approved.
Developer shall not increase the number of units as approved in said
plan without the prior approval of the City.
Before commencement of construction on any stage that involves
housing other than single family housing, Developer shall file a
detailed site plan showing the location of the structures to be
built. Prior to construction on any phase, including single family
housing, Developer shall file plans showing the details of the
construction of required storm drains, water lines, and sewer lines,
together with all required approvals from regulatory bodies not
previously obtained. Cross-sections shall be used to show
construction details of driveways and streets which shall be in
conformance with specifications set out in City ordinances and the
requirements of the City Engineer.
Cross-sections shall show the layout and proposed location within
the right-of-way of electric, telephone, TV cables, sewer, water, and
storm drain lines.
Also to be filed shall be street plans, street lighting plans,
and entrance construction plans, including entrance monuments, berms,
and other landscaping to be provided.
All of the materials to be employed in the construction of all of
the improvements shall be of uniformly good and workmanlike quality,
and shall equal or exceed City standards and specifications. If any
labor and material supplied shall be rejected by City as defective or
unsuitable, such rejected material shll be removed and replaced with
approved material. Rejected labor shall be done anew to the
satisfaction of City at the cost and expense of Developer.
5. The following described improvements, hereinafter
collectively called "Improvements,1I shall be constructed and
installed in accordance with the policies and ordinances of City, and
on the terms and conditions set forth:
A. Street grading, gravelling, and stabilization, including
construction of berms, boulevards, surmountable curbs, and concrete
gutters, hereinafter called IIStreet Improvements.1I
B. Storm sewers, including all necessary catch basins,
inlets, and other appurtenances, hereinafter called IIStorm Sewer
Improvements. II
C. Sanitary sewer laterals and extensions for supplying all
necessary building services and other apurtenances, hereinafter
-3-
.
.
.
called "Sanitary Sewer Improvements."
D. Water mains, laterals, or extensions for supplying all
necessary building services, hydrants, valves, and other
appurtenances, hereinafter called IIWater Improvements.1I
E. Permanent street surfacing including concrete curb and
gutter, hereinafter called IIPermanent Street Improvements.1I
F. Standard street name signs at all newly opened
intersections, hereinafter called IIStreet Sign Improvements. II
G. Traffic control sign improvements for controlling
traffic on the newly opened streets and intersections, hereinafter
called "Traffic Control Sign Improvements.1I
H. Street lighting, including poles, crossarms, wire, and
transformer pedestals, and other appurtenances, hereinafter called
IIStreet Lighting Improvements,1I as provided by City agreement with
Northern States Power.
I. Improvements to be installed at Developer's expense by
Developer as provided herein, are hereinafter called IIPlan A
Improvements. II Improvements which Developer has petitioned City to
install and finance on an assessment basis are hereinafter referred
to as IIPlan B Improvements."
6. PLAN A IMPROVEMENTS: Developer shall construct and install
at Developer's expense the following improvements under Plan A,
according to the following terms and and conditions and the general
and special conditions attached hereto and made a part of this
agreement. After completion and acceptance by City, Developer agrees
to furnish City with a Bill of Sale for all Improvements located
within City right-of-way and within easements running in favor of
City.
PLAN A IMPROVEMENTS - PHASE I SINGLE FAMILY
BRIEF DESCRIPTION OF IMPROVEMENTS
*ESTIMATED COST
Water Improvements as described in
Contract Documents for Project 84-5,
Waterford, dated 23 July 1984
$123,235.00
Traffic Control Sign Improvements
as described in Exhibit C.
$ 450.00
Entrance Monuments and Identity Signs,
more fully described in the plans and
specifications attached hereto as
Exhibit D.
$ 8,000.00
$131,685.00
TOTAL ESTIMATED COST
-4-
.
A. Construction Plan and Approval Thereof: Developer will
engage, at Developer's expense, a duly registered professional civil
engineer authorized to practice within the State of Minnesota to
prepare detailed plans and specifications for the complete
installation of the water improvements portion of Plan A Improvements
in accordance with City standards, and submit same to the City
Engineer for written approval prior to commencement of construction.
In the case where the City Engineer prepares feasibility plans for a
portion of the Plan A Improvements, that cost will be assessed
against the property. The Water Feasibility Report dated 13 August
1984 prepared by the City Engineer will not be assessed to the
property or paid for by Developer.
B. Services to be Performed by City and Payment Therefor:
City will review and approve plans and specifications prepared by
Developer's Engineer; provide general inspection of methods,
materials, and work; and conduct final job inspection. Cost estimate
for said City work will be furnished to Developer for review before
commencement of work.
C. Construction of Plan A Improvements:
(1) Completion Date: All Plan A Improvements for Phase I
Single Family Development shall be completed not later than
1 October 1985.
.
(2) Approval of Contractors: Any contractor selected by
Developer to construct and install any Plan A Improvement
shall be subject to approval by City, which approval will
not be unreasonably withheld. City reserves the right to
require evidence of competency and adequate financial status
of any such contractor.
(3) Construction: the construction, installation,
materials, and equipment shall be in accordance with the
approved plans and specifications.
(4) Easements: City and Developer will cooperate with each
other to give cross easements as necessary for the
installation and maintenance of utilities.
(5) Insurance: Developer will cause each person with whom
Developer contracts for the construction and installation of
any Plan A Improvements to furnish City with evidence of
complete insurance coverage including workers' compensation,
liability, and property damage.
(6) As-Builts: Within ninety (90) days after the
completion of said Plan A Improvements, Developer shall
supply City with three print copies and one reproducible set
of "As-Built" plans.
.
(7) Performance Bond - Phase I Water Improvements:
Developer will fully and faithfully comply with all terms of
any and all contracts entered into by Developer for the
-5-
.
installation and construction of all Phase I Water
Improvements and hereby guarantees the workmanship and
materials for a period of one (1) year following City's
final acceptance of said water improvements. To ensure such
compliance and guarantee by Developer and to secure the
satisfactory completion of the said Water Improvements,
Developer shall provide a performance bond satisfactory to
City. Such performance bond shall continue in effect during
the construction period of the improvements and expire one
(1) year after City's final acceptance of the improvements.
Developer shall pay all reasonable attorney's fees and costs
incurred by City in defense of or enforcement made by any
rights of City under said Performance Bond.
7. PLAN B IMPROVEMENTS: Developer has petitioned City for the
installation of Plan B Improvements.
PLAN B IMPROVEMENTS - PHASE I SINGLE FAMILY
BRIEF DESCRIPTION OF IMPROVEMENTS
ESTIMATED COST
Permanent Street Sign and Street
Sign Improvements
Storm Sewer Improvements
$190,301.50
$246,056.65
$146,289.50
Sanitary Sewer Improvements
.
TOTAL ESTIMATED COST
$582,647.65
A. Institution: Developer has previously submitted to the
City Council a petition as provided for by Minnesota Statutes
Annotated Section 429.031, made and assessed against the benefitted
properties.
B. Construction: The City Council has adopted a resolution
determining the sufficiency of such petition; said Plan B
Improvements shall be designed and constructed, in all respects, as
other City Improvements made pursuant to the provisions of Minnesota
Statutes Annotated Chapter 429 or other applicable statutes.
.
C. Assessments: City agrees to make the Plan B
Improvements and to assess 100 per cent of the total cost of the
project against the subject property. Assessment will be over a
period of time coinciding with the payback of the bonds sold to
construct said project. The assessment shall bear interest at the
rate of 11.25 per cent. The total cost of said project shall be the
actual construction cost, plus indirect costs for administrative,
legal, engineering, and bonding expenses. It is understood that the
total of such indirect costs shall not exceed 22.5 per cent of actual
construction costs, provided, however, that changes in the field
requested by Developer (the cost of which changes shall be documented
by detailed engineering invoices) may cause such percentage figure to
be increased. Developer herewith agrees and waives all hearings and
objections, statutory or otherwise, and consents to said assessments
-6-
.
.
.
being placed on the property providing that the assessments will be
based on the following premises:
(1) The single family lots shall be assessed for the cost
of a 28 foot paved road, with the remainder costs of
oversizing up to and connecting to the frontage road to be
spread against the multiple-family and commercial portions
of the property.
(2) City shall pursue the availability of outside funding
sources for the funding of the Old Market Road/Highway 7
intersection improvement.
(3) Developer shall share costs by means of reasonable
right-of-way dedication for intersection construction and
agrees to accept a proportionate assessment of construction
costs.
Developer, its heirs, successors, and assigns, shall not
(except upon written approval of City) transfer any property or
portion thereof that is the subject of the Agreement before the
entire improvement cost for Phase I is assessed against the property
without payment of a sum equivalent to the amount to be assessed,
under and pursuant to this Agreement. If any such transfer is made
before the special assessments have been levied, Developer shall pay
City the sum of cash equal to the amount estimated by the City
Engineer for the special assessment for the property to be
transferred. Developer shall be liable to City for any deficiency
between the estimated assessment and the actual levied assessment.
City shall pay Developer any overage arising from payment based on
such estimate. Hereinafter, any reference to special assessments
shall include any such estimated special assessments. Within ten
(10) days after execution of the Purchase Agreement between
Developer, its heirs, successors, and assigns, and a buyer for any
purchase of a property within the benefitted area, Developer, its
heirs, successors, and assigns hereby agree to notify the City Clerk
in writing in duplicate of the name and address of the purchaser, the
date of the Purchase Agreement, and the legal description of the
property purchased. City hereby reserves the right to call the
attention of the buyer to the provisions of this Agreement.
In the event Developer fails to pay after 180 days from the
due date, any installment of special assessments for a particular lot
or lots within a Phase, and if such lot or lots constitute a quantity
in excess of ten per cent (10%) of the total number of lots in said
Phase, City at its option, and in addition to its rights and remedies
hereunder, may declare all the unpaid special assessments levied on
all property that is subject to this Agreement, due and payable in
full, and immediately may commence legal action against Developer to
collect the entire unpaid balance, including reasonable attorney's
fees, and shall not be obligated to issue a building permit for
construction on any lot within the development property.
8. All Plan A and Plan B Improvements shall be overseen and
inspected by City Inspectors. The City Inspector shall be on the
-7-
.
.
.
site as directed by the City Engineer.
9. Developer shall pay the required park contributions as each
Phase of the plat is approved, the amount of the park donation as
required by City ordinances as of the date said final plat is
approved. There is presently due on this Agreement to City the
amount of $26,500 for park donation fees, which amount shall be paid
upon execution of this Agreement. Developer shall be given credit
for seven (7) park units paid during Phase II of the single family
residential units for Developer's contribution of Outlot B and a
portion of Outlot A, and Developer shall be given credit for three
(3) park units for construction of the multi-family homes, for
Developer's contribution of Outlot A.
10. Sewer Assessments: The original assessments against the
property for sanitary sewer are as follows:
Clifford Property: (More specifically described in attached
Exhibit A) 2,462,678 square feet; 1 C unit, 1 B Unit, 1 A Unit,
3 D units;
Total Assessment: $33,027.00
Rebers Property: (More specifically described in attached
Exhibit A) 754,046 square feet; 1 C unit, 1 B Unit
Total Assessment: $11,240.00
Developer shall be entitled to the right to hook up eight (8)
single family units within the described Phase upon paying to City
the difference between the amount of a C Unit assessment and the
amount originally assessed for the units plus seven (7) per cent
interest from 1 January 1973 through 31 December 1985, which totals
$5,951.00.
In addition, there is an original assessment for sanitary sewers
against a portion of the subject property which is planned for multi-
family homes and commercial development as follows:
Murfin Property: (More specifically described in attached
Exhibit A) 1,139,070 square feet; 1 C Unit, 1 B Unit, 1 A Unit,
7 D Units
Total Assessment: $23,791.00
Developer shall be entitled to receive the right to hook up ten
(10) multi-family homes within the described property by paying to
City the difference between the amount for a B Unit assessment and
the amount originally assessed for the units plus seven (7) per cent
interest from 1 January 1973 to 31 December 1985, which totals
$10,696.00.
11. Municipal Sewer Equalization Assessment: In addition to the
charges set forth in Paragraph 10 above, Developer shall pay to City
the sewer equalization charge for each of the living units authorized
to be constructed in the project over and above those set forth in
Paragraph 10 above, as follows:
-8-
.
Single Family Units: $400.00 per unit, plus interest at seven
(7) per cent per annum from 1 January 1973, to the date of
approval of any given stage of construction. Stage 1 has been
approved for 53 units, minus a credit of eight (8) units, which
leaves 45 units. With interest computed from 1 January 1973 to
31 December 1985, the total charge for these units would amount
to $34,380.00.
Multi-Family Units and Commercial rates will be determined
pursuant to the equalization ordinance in effect at the time of
development.
Payments for all local sewer availability charges in each Phase
shall be assessed at the time the final plat is approved for any
given Phase.
12. City may in its discretion issue building permits prior to
the completion of all the streets and utilities as provided for
herein; it being understood by Developer that certificates of
occupancy shall not be issued until all utilities have been approved
and accepted by City. The City may, however, issue certificates of
occupancy prior to the final acceptance of the street, providing all
other utilities have been installed and accepted.
13. Developer shall provide copies of all covenants, easements,
and restrictions, and other documents relating to the project which
shall be reviewed and approved by the City Attorney prior to the
commencement of construction for Phase I.
.
14. Developer shall provide a copy of the Articles of
Incorporation and By-Laws of the Homeowners Association for review
and approval by City prior to the commencement of construction. The
Homeowners Association shall make provisions for the permanent care
and maintenance of any identifying monuments located at the entrance
to the project.
15. City, its agents, and employees, shall not be personally
liable or responsible in any manner to Developer, Developer's
contractors or subcontractors, material men, laborers, or to any
other person, firm, or corporation whomsoever, for any debt, claim,
demand, damages, action, or causes of action of any kind or character
arising out of or by reason of this Agreement of the performance of
the work and improvements hereunder; Developer shall save City, its
agents, and employees 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, except for
any work performed by City.
16. Developer agrees to hold Outlot C for the use of the
property to the north to provide access to the property to the north
and agree to sell Outlot C to the owners of the property to the north
in the amount of $60,000.00 (representing three sewer and street
assessments), plus accrued interest from the date of levy of said
assessments to the date of said sale.
.
17. Outlot E shall be subject to maintenance by the Homeowners
Association for the project.
-9-
18. Outlot D shall be developed and integrated with the
Covington Vine Ridge Development with access to be provided through
Covington Vine Ridge.
.
19. It is the intent of City to construct and install a
Municipal Trunk Water Supply and Storage Facility to provide water to
the southeast portion of the City of Shorewood consisting of an area
bordered by Vine Hill Road on the east, Christmas Lake/Christmas Lake
Point on the west, State Trunk Highway Number 7 on the north, and the
City limits on the south. Developer agrees to connect to such
municipal water facility at such time as its construction and
installation is completed. Developer may interconnect with the City
of Minnetonka for an interim water supply pursuant to Agreement for
Water Service, dated August 5, 1985, between the City of Shorewood
and City of Minnetonka.
20. City, at the request of Developer, has had a traffic study
prepared by the City Engineer at a cost of $18,900.00. The cost of
said study shall be assessed against the project. The assessment
shall be levied one-third against the multiple residential and two-
thirds against the commercial land.
21. It is understood that single family lots will be developed
based upon the requirements of the R-IC Zoning District standards, as
may be amended, except as specifically modified herein. City has
heretofore and herewith grants certain setback variances as more
specifically outlined in the attached Exhibit E.
.
22. Developer shall furnish City single limit public liability
insurance in the amount of $1,000,000. This insurance policy shall
be furnished contemporaneously with the execution of this Agreement
and shall remain in full force and effect during the period of any
construction of Plan A Improvements by Developer.
23. Developer shall reimburse City for all costs above and
beyond the normal services provided by City, including that of its
consulting engineers, legal, planning, and administrative expenses
incurred by City in connection with all matters relating to the
preparation, administration, and enforcement of this Agreement and
the performance thereof by Developer and all other matters relating
to the PUD plan; 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. Said extra charges will be itemized
identifying person, task, time, date, and at-cost rate.
24. In the event Developer shall default in the performance of
any of the covenants and agreements herein contained, and such
default shall not have been cured within ninety (90) days after
receipt by Developer of written notice thereof, City may deny
building permits or certificates of occupancy for any building within
the development, or in lieu thereof, take legal action against
Developer. If such default involves the construction or installation
of any required Plan A Improvement, the City may take legal action
.
-10-
.
.
.
against the Developer and the surety of any performance bond filed
hereunder to collect the entire cost thereof, including all
reasonable engineering, legal, and administrative expenses incurred
by the City.
25. The City staff, City Council, City consultants and Developer
will at all times expedite all work involved in the development of
Property and in the development and execution of the proposed Highway
7 intersection.
26. Developer at his expense shall provide temporary dams,
earthwork, or such other devices and practices including seeding or
grading of areas as shall be needed in the judgment of the City
Engineer and the engineer for the appropriate watershed district.
27. The address of Developer for purposes of this contract is:
Trivesco
14201 Excelsior Boulevard
Minnetonka, Minnesota 55345-4997
28. 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 the event any provision of this agreement shall be held
invalid, illegal, or unenforceable by any court or 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.
29. This agreement may be simultaneously executed in several
counterparts, each of which will be an original and all of which
shall constitute, but be one and the same instrument.
30. This agreement shall be construed in accordance with the
laws of the State of Minnesota.
31. 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.
32. This agreement amends and supersedes that certain agreement
made between the parties hereto on 13 May 1985.
-11-
In presence of:
~.~~~-~r
9"~ SANDRA L. KENNELLY
...-'" NOTARY fU~LIC - MINNESOTA
C\ HENNEPIN COUNTY
M.'commissic .
.
.
In presence of:
CITY OF SHOREWOOD
By:~d/~~
Robert Rascop, Mayor
BY:J)J;t'i
Its: City Administrator
TRIVESCO
tf,le,.;r-If ~ 1--- ~,?
By: a~4/1 ~t"~
; ,
~~,
,
Its:
Its:
-12-
By:
DESCH I PT J ()N:
. (REBERS PROPERTY)
The South Half of the Northeast Quarter of the Northeast Quarter of Section 36,
Township 117, Range 23, except the East 300 feet of the North Half thereof.
.
(MURFIN PROPERTY)
1h~t part of the Southwest Quarter of the Southeast Quarter, Section
25, Township 1]7, Ranqe 23, lying South of a line extending from a
point on the West line of said Southwest Quarter of the Southeast
Quarter distant 591.42 feet North from the Southwest corner of said
Southwest Quarter of the Southeast Quarter to a point on the East line
of saip Southwest Quarter of the Southeast Quarter distant 1236.14
feet North from the Southeast corner of said Southwest Quarter of the
Southeast Quarter, according to the Government survey thereof.
(CLIFFORD PROPERTY)
The Northwest 1/4 of the Northeast 1/4 of Section 36, Township 117,
Range 23, except the South 50.0 feet of the West 100.0 feet thereof.
All that part of Government Lot 4 in Section 36, Township 117, Range
23 bounded and described as follows: Commencing at a point on the
East boundary line of said lot a distance of 677.4 feet from and
~irec~ly North of the Southeast corner of said lot~ thence North on
said East boundary llne ~o the ~ortheast corner of said lot; thence
West on said North boundary line of sald lot to the center line of the
county road now located and in use between Solberg's Point and
Chanhassen~ thence in a Southeasterly direction along rhp center line
of said county road to the point of intersection of said center line
of said county road with a line drawn parallel with and 677.4 feet
North of the Southerly line of said Lot 4~ thence East along said line
parallel with and 677.4 feet North of the Southerly line of said Lot 4
to the point of beginning; except that part thereof described as
follows~ Beginning at the Southwest corner of the Northwest Quarter
of the Northeast Quarter of ~p.ction 36~ thence East along the North
line of said Government Lot 4, a distance of 308.5 feet; thence at a
right angle South 259.91 feet~ thence Southwesterly, deflecting to the
right at an angle of 69 degrees 44 minutes, a distance of 416.81 feet
to the Northeasterly line of Covington Road; thence Northwesterly
along said Northeasterly line of said Covington Road a distance of
457.46 feet to the North line of said Government Lot 4; thence East
along said North line of said Government Lot 4 a distance of 295.16
feet to the point of beginning.
BENCH MARK:
. Top of hydrant at southeast corner of Vine Hill Road and Kingswood
Terrace. Elevation; 957.44 (NGVD - 1929).
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