94-0104
CITY OF SHOREWOOD
RESOLUTION NO. 94 -10
A RESOLUTION APPROVING THE FINAL PLAN AND FINAL PLAT OF
GIDEON'S WOODS P.U.D.
WHEREAS, the final plat of Gideon's Woods P.U.D. has been submitted in the
manner required for the platting of land under the Shorewood City Code and under Chapter
462 of Minnesota Statues, and all proceedings have been duly had thereunder; and
WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the
regulations and requirements of the laws of the State of Minnesota and the City Code of the
City of Shorewood; and
WHEREAS, the final plan for the Gideon's Woods P.U.D. has been submitted,
pursuant to Section 1201.25 of the City Code; and
WHEREAS, the final plan is consistent with the concept and development stage plans
previously approved for the project.
• NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That the plat of Gideon's Woods is hereby approved.
2. That the approval is specifically conditioned upon the terms and conditions
contained in the Planned Unit Development Agreement for Gideon's Woods P.U.D., attached
hereto as Attachment 1 and made a part hereof.
3. That the Mayor and City Clerk are hereby authorized to execute the Certificate
of Approval for the plat and the said Planned Unit Development Agreement on behalf of the
City Council.
4. That the final plat, together with this Resolution, the Planned Unit
Development Agreement, and the Declaration of Covenants, Conditions, Restrictions and
Easements for Gideon's Woods Townhomes, attached hereto as Attachment 2, and the
Declaration of Restrictions for Lot 17, Block 1, Gideon's Woods, attached hereto as
Attachment 3, shall be filed and recorded within thirty (30) days of the date of certification
of this Resolution.
BE IT FURTHER RESOLVED that the execution of the Certificate upon said plat by
the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the
subdivider and City officials and shall entitle such plat to be placed on record forthwith
without further formality, all in compliance with Minnesota Statutes and the Shorewood City
Code.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of
January, 1994.
Barbara J. Braiicel, Mayor
ATTEST:
James C. Hurm, City Administrator /Clerk
J
Of
CITY OF SHOREWOOD
i DEVELOPMENT AGREEMENT
GIDEON'S WOODS
PLANNED UNIT DEVELOPMENT
THIS AGREEMENT, made this 14th day of March, 1994, by and between the CITY
OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the
"City," and Glen Road Limited Partnership, a Minnesota Limited Partnership, hereinafter
referred to as the "Developer."
WHEREAS, the Developer is the fee owner in certain lands legally described in
Exhibit A, attached hereto and made a part hereof, which lands are hereinafter referred to as
the "Subject Property"; and
WHEREAS, Developer proposes to develop the Subject Property by means of a
Planned Unit Development ("PUD") consisting of 18 lots, one of which is common area for
the PUD; and
WHEREAS, the Developer has made application with the Zoning Administrator for a
Conditional Use permit for a PUD and submitted a Concept Plan and Development Stage
Plan for the property, which matters were considered by the City Planning Commission at a
Public Hearing held on 17 November 1992 and a regular meeting held on 12 August 1993;
and
WHEREAS, upon recommendation of the City Planning Commission, the City
Council did consider and grant Concept Plan approval as set forth in Resolution 125 -92 and
Development Stage Plan approval as set forth in Resolution 93 -84;
•
NOW, THEREFORE,' in consideration of the mutual covenants and guarantees
contained herein, the parties hereto agree as follows:
1.) Conditions of Approval - The Developer shall comply with the conditions of
approval as adopted by the City Council and set forth in Resolution 93 -84, incorporated
herein as Exhibit B.
2.) Improvements Installed by Developer - Developer agrees at its expense to
construct, install and perform all work and furnish all materials and equipment in connection
with the installation of the following improvements:
1.
Attachment 1
(01) Private road construction;
(02) Private sanitary sewer;
(03) Storm sewer and surface water drainage facilities;
(04) Private watermains and service connections;
(05) Street name signs and traffic control signs;
(06) Required Common Area landscaping;
(07) Individual unit lot landscaping;
(08) Relocation of existing buildings;
consistent with the plans and specifications prepared by Ron Krueger & Associates, Inc.
dated 30 August 1993, and received and approved by the City Engineer dated 23 November
1993.
3.) Final Plan Grading Drainage and Utility Plan, Building Plan - The
Developer has filed with the City Clerk the final plat titled Gideon's Woods for the
. development of the Subject Property. Said plat is attached hereto and made a part hereof as
Exhibit C. Said final plat, together with the Grading, Drainage, and Utility Plan, the
Twinhome Building Plans, the Building Plans for the Relocated Residence, and the
Landscape Plan, all of which plans are on file at the Shorewood City Offices, and this
Development Agreement, is herewith adopted and approved by the City as the Developer's
final plan for development of the property.
4.) Pre - construction Meeting - Prior to the commencement of construction,
Developer or its engineer shall arrange for a pre - construction meeting to be held at
Shorewood City Hall. Such meeting shall be coordinated with the City Engineer and shall
include all appropriate parties specified by the City Engineer.
5.) Standards of Construction - Developer agrees that all of the improvements set
forth in paragraphs 2 and 3 above, shall equal or exceed City standards, shall be constructed
and installed in accordance with engineering plans and specifications approved by the City
Engineer and the requirements of applicable City ordinances and standards, and that all of
said work shall be subject to final inspection and approval by the City Engineer.
6.) Materials and Labor - All of the materials to be employers in the malting 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
• 2.
• 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.) Schedule of Work - The Developer shall submit a written schedule in the
form of a bar chart indicating the proposed progress schedule and order of completion of
work covered by this Agreement. It is understood and agreed that the work set forth in
Section 2 (01) through (06) shall be performed to be completed by 30 June 1995. Upon
receipt of written notice from the Developer of the existence of causes over which the
Developer has no control, which will delay the completion of the work, the City, at its
discretion, may extend the dates specified for completion.
It is represented by the Developer and understood by the City that the homesites will
be developed in two phases. The first phase will consist of relocating the existing Gideon
house and adding an accessory apartment, and construction of eight (8) units on Lots
1,2,3,4,9,10,11 and 12. The first phase will be completed by 1 September 1995. The
second phase will consist of construction on homes on Lots 5, 6,7, 8,13,14,15 and 16, to be
completed by 31 December 1996.
8.) As -Built Plan - Within sixty (60) days after the completion of construction
• of the Improvements, Developer shall cause its engineer to prepare and file with the City a
full set of "as- built" plans, including a mylar original and two (2) black line prints, showing
the installation of the Improvements within the plat. Failure to file said "as- built" plans
within said sixty (60) day period shall suspend the issuance of building permits and
certificates of occupancy for any further construction within the plat.
9.) Easements - Developer, at its expense, shall acquire all easements, if any,
from abutting property owners necessary to the installation of the sanitary sewer, storm
sewer, surface water drainage facilities and watermains within the plat, and thereafter
promptly assign said easements to the City.
10.) Pre - existing Drain Tile - All preexisting drain file disturbed by Developer
during construction shall be restored by Developer.
11.) Staking S� urveying and Inspection - It is agreed that the Developer, through
his engineer, shall provide for all staking and surveying for the above - described
improvements. In order to ensure that the completed improvements conform to the approved
plans and specifications, the City will provide for resident inspection as determined necessary
by the City Engineer.
• 3.
12.) Grading, Drainage, and Erosion Control - Developer, at its expense, shall
provide grading, drainage and erosion control plans to be reviewed and approved by the City
Engineer. Said plans shall provide for temporary dams, earthwork or such other devices and
practices, including seeding of graded areas, as necessary, to prevent the washing, flooding,
sedimentation and erosion of lands and streets within and outside the plat during all phases of
construction. Developer shall keep all streets within and adjoining the plat free of all dirt
and debris resulting from construction therein by the Developer, its agents or assignees.
13.) Street Signs - Developer, at its expense, shall provide standard city street
identification signs and traffic control signs in accordance with the Minnesota Manual on
Uniform Traffic Control Devices.
14.) Access to Residences - Developer shall provide reasonable access, including
temporary grading and graveling, to all residences affected by construction until the streets
are approved by the City Engineer, pursuant to 5. and 16. hereof.
15.) Occupancy Permits - The City shall not issue a permanent certificate of
occupancy until all Improvements set forth in paragraphs 2 and 3 are completed and
approved by the City Engineer. Exception: A certificate of occupancy may be issued for the
units on Lots 11 and 12 upon completion of utility work and class V surfacing of the street.
16.) Final Inspection - Upon completion of the Improvements set forth in
• paragraphs 2 and 3 above, the City Engineer, the contractor, and the Developer's engineer
will make a final inspection of the work.
17.) Removal of Nonconforming Outdoor Advertising Sign - The Developer
agrees that it will not extend the existing lease agreement for the outdoor advertising sign
located in the northeast corner of the Subject Property, and will cause the removal of said
sign upon expiration of the lease agreement.
18.) Restoration of Streets Public Facilities and Private Properties - The
Developer shall restore all City streets and other public facilities and any private properties
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.
19.) Required Landscaping - The Developer shall provide a separate letter of
credit or cash escrow in the amount of $10,810 for the purpose of assuring that required
landscaping in the common areas (Lot 18) shall be constructed and installed according to the
Landscape Plan attached as Exhibit D and made a part hereof.
Landscaping associated with individual unit lots shall be constructed and installed
prior to issuance of certificates of occupancy for said unit lots. If required unit lot
9 4.
landscaping has not been completed at the time of occupancy, the Developer shall escrow
$1200 per unit to ensure that the required landscaping shall be installed within eight months.
Any existing trees shown on Exhibit D as "to be preserved" which are removed or
damaged by construction activities shall be replaced by the Developer with trees equal in
quality and equal in caliper inches. Replacement trees shall be no smaller than five caliper
inches. (Example: Replacement of a 15 -inch caliper maple would be three, five -inch
maples.)
20.) Reimbursement of Costs - The Developer shall reimburse the City for all
costs, including reasonable engineering, legal, planning and administrative expenses incurred
by the City in connection with all matters relating to the administration and enforcement of
the within Agreement and the performance thereof by the Developer. Such reimbursement of
costs shall be made within thirty (30) days of the date of mailing of the City's notice of costs
to the address set forth in paragraph 28 below.
21.) Claims for Work - The Developer or its contractor shall do no work or
furnish no materials not covered by the plans and specifications and special conditions of this
Agreement, for which reimbursement is expected from the City, unless such work is first
ordered in writing by the City Engineer as provided in the specifications. Any such work or
materials which may be done or furnished by the contractor without such written order first
being obtained shall be at its own risk, cost and expense.
• 22.) Surety for Improvements - Deposit or Letter of Credit - For the purpose of
assuring and guaranteeing to the City that the Improvements to be constructed, installed and
furnished by the Developer as set forth in paragraphs 2 (01) through (05) and 3 above, shall
be constructed, installed and furnished according to the terms of this Agreement, and to
ensure that the Developer shall pay all claims for work done and materials and supplies
furnished for the performance of this Agreement, the Developer agrees to furnish to the City
a cash deposit via an escrow agent approved by the City in an amount equal to 100% of the
total cost of said Improvements estimated by the Developer's engineer and approved by the
City Engineer. Said deposit shall remain in effect for until completion and approval of the
required improvements.
23.) Alternative SecuritAgreement - In lieu of the letter of credit or cash deposit
required by paragraph 22 above, the Developer may provide an agreement proving
alternative security, subject to the following conditions:
a. All documentation evidencing the Alternative Security Agreement shall
be approved by the City Attorney prior to the commencement of work
covered by the Agreement.
0 5.
4
• b. All work covered by the Alternative Security Agreement shall be
inspected by the City Engineer.
C. No disbursement of funds shall be made by the escrow agent under said
Alternative 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.
d. Disbursements of funds shall be made only upon completion of the
following stages of construction:
1) At the end of utility construction (i.e. water and sewer)
2) After the first lift of asphalt has been placed
3) Upon completion of all construction, including landscaping, and last lift
of asphalt has been placed
24.) 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 additional 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 paragraphs
2 and 3 above, the Developers shall file with the City a certificate of such insurance as will
protect the Developer, his contractors and subcontractors from claims arising under the
workers' compensation laws of the State of Minnesota.
25.) Laws, Ordinances Regulations and Permits - Developer shall comply with all
laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject
Property, said laws existing during the period of construction, and shall secure all permits
that may be required by, but not limited to, the City of Shorewood, the State of Minnesota,
the Minnehaha Creek Watershed District, the Minnesota Department of Health, the Hennepin
County Transportation Department, and the Metropolitan Waste Control Commission before
commencing development of the plat.
26.) Sewer Charges - The Developer shall pay $1000 per unit for local sanitary
sewer access charges ( LSSAC) pursuant to Shorewood City Code. The Developer shall
receive credit for four units which have previously been assessed against the Subject
Property. The Developer shall pay LSSAC for seven units ($7000) prior to release of the
final plat. The LSSAC for the remaining seven units shall be paid by the Developer at the
rate then in effect prior to commencement of the second phase of construction as described in
paragraph 7 above, or by 1 September 1995, whichever first occurs.
is 6.
• 27.) Park Fund Payment - The Developer shall, at the time the final plat is
approved, make a cash payment to the City in the sum of $6750 for the first nine units to the
Park Fund. Prior to commencement of the second phase of construction as described in
paragraph 7 above, or by 1 September 1995, whichever first occurs, the Developer shall pay
to the Park Fund for an additional eight units at the rate then in effect.
28.) Notices - All notices, certificates and other communications hereunder shall
be sufficiently given and shall be deemed given when mailed by certified mail, return receipt
requested, postage prepaid, with proper address as indicated below. The City and the
Developer by written notice given by one to the other, may designate any address or
addresses to which notices, certificates or other communications to them shall be sent when
required as contemplated by this Agreement. Unless otherwise provided by the respective
parties, all notices, certificates and communications to each of them shall be addressed as
follows:
To the City: City Administrator
CITY OF SHOREWOOD
5755 Country Club Road
Shorewood, Minnesota 55331
With a Copy to: Shorewood City Attorney
c/o LARKIN, HOFFMAN, DALY &
. LINDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Minneapolis, Minnesota 55431
To the Developer: Glen Road Limited Partnership
4020 Multifoods Tower
Minneapolis, Minnesota 55402
29.) Proof of Title - Developer shall furnish a title opinion or title insurance
commitment addressed to the City demonstrating that Developer is the fee owner or has a
legal right to become fee owner of the Subject 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 fashion, except for the
normal process of marketing lots, prior to the completion of the project and the fulfillment of
the requirements of this Agreement, Developer shall forthwith notify the City of such change
in ownership. Developer further agrees that all dedicated streets and utility easements
provided to City shall be free and clear of all liens and encumbrances.
• 7.
f
• 30.) Indemnification - The Developer shall hold the City harmless from and
indemnify the City against any and all liability, damage, loss, and expenses, including but
not limited to reasonable attorneys' fees, arising from or out of the Developer's performance
and observance of any obligations, agreements, or covenants under this Agreement. It is
further understood and agreed that the City, the City Council, and the agents and employees
of the City shall not be personally liable or responsible in any manner to the Developer, the
Developer's contractors or subcontractors, materialmen, laborers, or any other person, firm
or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of
action of any kind or character arising out of or by reason of the execution of this Agreement
or the performance and completion of the work and Improvements hereunder.
31.) Declaration of Covenants Conditions and Restrictions - Developer has
provided a copy of the Declaration of Covenants, Conditions and Restrictions for Gideon's
Woods Townhomes, which Declaration shall include the City as a signatory thereto, for
review and approval by the City prior to recording. The Developer has provided a
Declaration of Restrictions for the house to be moved to Lot 17, Block 1, which Declaration
shall include the City as a signatory thereto, for review and approval by the City Attorney
prior to recording.
32.) Remedies Upon Default -
(01) Private Improvements In the event the Developer shall default in the
performance of any of the covenants and agreements herein contained which default
can reasonably be cured within a thirty (30) day period and such default shall not
have been cured within thirty (30) days after receipt by the Developer of written
notice thereof, the City may cause any of the Private Improvements described in
paragraphs 2 and 3 above to be constructed and installed or may take action to cure
such default and may cause the entire cost thereof, including all reasonable
engineering, legal and administrative expenses incurred by the City to be paid
according to the Alternative Security Agreement.
In the event the Developer shall default in the performance of any of the covenants
and agreements herein contained which default can not reasonably be cured within a
thirty (30) day period, and Developer fails to commence and diligently pursue action
to cure the default as of the thirtieth (30) day after receipt by the Developer of written
notice thereof, the City may cause any of the Private Improvements described in
paragraphs 2 and 3 above to be constructed and installed or may take action to cure
such default and may cause the entire cost thereof, including all reasonable
engineering, legal and administrative expenses incurred by the City to be paid
according to the Alternative Security Agreement.
• q.
f
(02) Assessments In the alternative, in the event the Developer shall default in
the performance of any of the covenants and agreements pertaining to the installation
of the private improvements herein contained as defined in paragraphs 2 and 3 herein
and such default shall not have been cured within thirty (30) days after receipt by the
Developer of written notice thereof, the City may cause any of the improvements
described in paragraphs 2 and 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 under Minnesota Statutes Chapter 429, in which
case the Developer agrees to pay the entire amount of such assessment within thirty
(30) days after its adoption. Developer further agrees that in the event of its failure
to pay in full any such special assessment within the time prescribed herein, the City
shall have a specific lien on all of Developer's real property within the Subject
Property for any amount so unpaid, and the City shall have the right to foreclose said
lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of
the State of Minnesota. In the event of an emergency, as determined by the City
Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes
Chapter 429 shall be and hereby are waived in their entirety, and the Developer shall
reimburse the City for any expense incurred by the City in remedying the conditions
creating the emergency.
(03) Performance Guaranty In addition to the foregoing, the City may also
• institute legal action against the Developer or utilize any cash deposit made or letter
of credit delivered hereunder, to collect, pay, or reimburse the City for:
(a) The cost of completing the construction of the improvements
described in paragraphs 2 and 3 above.
(b) The cost of curing any other material default by the Developer in the
performance of any of the covenants and agreements contained herein.
(c) The cost of reasonable engineering, legal and administrative expenses
incurred by the City in enforcing and administering this Agreement.
(04) Legal Proceedings In addition to the foregoing, the City may institute any
proper action or proceeding at law or at equity to abate violations of this Agreement,
or to prevent use or occupancy of the proposed dwellings.
33.) Headings - Headings at the beginning of paragraphs hereof are for
convenience of reference, shall not be considered a part of the text of this Agreement, and
shall not influence its construction.
• 9.
r
. 34.) Severability - In the event any provisions of this Agreement shall be held
invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall
not invalidate or render unenforceable any other provision hereof, and the remaining
provisions shall not in any way be affected or impaired thereby.
35.) 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.
36.) Construction - This Agreement shall be construed in accordance with the
laws of the State of Minnesota.
37.) 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.
DEVELOPER:
9 Glen Road Limited Partnership
CITY:
By:
Its: Mayo
ATTEST
tul L,� C�
City/Administrator/Clerk
0 10.
its: vresicent
•
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this day of I- a t r_ . , 1994, before me, a Notary Public within and for said
•
County, personally appeared Barbara J. Brancel and James C. Hurm to me personally
known, who, being each by me duly sworn, did say that they are respectively the Mayor and
City Administrator /Clerk of the municipal corporation named in the foregoing instrument,
and that said instrument was signed and sealed on behalf of said corporation by authority of
its City Council, and said Mayor and City Administrator /Clerk acknowledged said instrument
to be the free act and deed of said corporation.
9 4
T heresa L. N aa
_ Notary Public- Minnesota
Hennepin COUnty
F a
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
� 4 - t. , _ �
Notary Public
The foregoing instrument was acknowledged before me this /' -/ '� day of
0-1- J-\ , 1994, by Fred Katter, President of Katter De loev pment
Corporation, General Partner of Glen Road Limited Partnership.
{
Th eresa L. Naab
Notary Public- Minnesota �
Hennepin Co;!nty l
My Commission. Era. 1 - 31 - 0 00 �
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Larkin, Hoffman, Daly & Lindgren, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Minneapolis, Minnesota 55431
(TJK)
11.
c
•
LEGAL DESCRIPTION
All that part of Lot 6, Auditors Subdivision No. 133, Hennepin County, Minnesota, bounded
by a line described as follows: Beginning at a point on the south line of said Lot 6, distant
1827.7 feet east of the southwest corner thereof, thence north at a right angle with said
south line of Lot 6, 595.47 feet to the south right -of -way line of the Minneapolis & SL
Louis RJR, thence east along said south right -of -way line 290.00 feet to the centerline of
County Road, thence southeasterly along the centerline of said County Road 453 feet more
or less to the southeasterly line of said Lot 6, thence west along said south line 414.5
feet; thence deflecting to the right 29 degrees 25 minutes along said south line a distance
of 151.8 feet to the point of beginning.
ADDRESS 24590 GLEN ROAD
AREA= 202976SQ. FTJ 4.66 ACRES (EXC. RNV)
•
•
Exhibit A
, y
FILE U
RESOLUTION NO. 93
A RESOLUTION APPROVING A DEVELOPM-E.
AND PRELIMINARY PLAT FOR GIDEON'S WOODS P.U.D.
WHEREAS, the City Council of the City of Shorewood (City) approved a Concept
Plan for "Gideon's Woods P.U.D." on 14 December 1992 (Resolution No. 124 -92); and
WHEREAS, Katter Development Corporation (Developer) has now submitted its
request for a Development Stage Plan and Preliminary Plat approval for said P.U.D. to
include 17 lots and 18 dwelling units (9, two-unit buildings); and
WHEREAS, the Developer's request has been reviewed by the City Planner, and his
recommendations have been duly set forth in Memoranda to the Planning Commission, dated
12 August and 3 September 1993, which Memoranda are on file at City Hall; and
WHEREAS, the Developer's request has been reviewed by the City Engineer, and his
recommendations have been duly set forth in letters to the Planning Director, dated
17 August and 7 September 1993, which letters are on file at City Hall; and
WHEREAS, the matter was considered by the City Council at its regular meeting of
• 13 September 1993, at which time the Planning Commission recommendations were
reviewed, and reports were received from the City staff; and
WHEREAS, after due discussion and deliberation and after consideration of the
reports, comments, and recommendations of the City staff, and the Planning Commission,
the City Council voted to approve the Development Stage Plan, and Preliminary Plat for the
Gideon's Woods P.U.D., and directed the City staff to prepare Findings of Fact in
accordance therewith, to be presented at the next meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. That the density of the proposed P.U.D. is within the guidelines of the
Shorewood Comprehensive Plan.
2. That the Development Stage Plan is consistent with the previously approved
Concept Plan for the P.U.D.
3. That an Environmental Assessment Worksheet was considered by the City
Council and the City Council adopted a negative declaration on the need for further
environmental review (Resolution No. 33 -93, dated 22 March 1993).
Exhibit B
f `
• 4. That an archeological survey was prepared for the property which located an
existing Indian burial mound but located no additional cultural resources.
5. That the Developer proposes to obtain city water from the City of Tonka Bay.
6. That the pond shown on the Concept Plan has been moved to the southeast
corner of the site and enlarged.
CONCLUSION
That the Developer's request for Development Stage approval for 18, two-family dwellings
(17 lots and 18 units) and the Preliminary Plat submitted therewith are hereby approved,
subject to the following conditions and restrictions:
1. A Final Plan and Final Plat must be submitted by the Developer by
27 March 1994.
2. The Developer must prepare protective covenants containing provisions which
protect the burial mound and preserve the Gideon home.
3. Prior to submitting the final plan for the project, the Developer must obtain
is approval from the Minnehaha Creek Watershed District.
4. The Developer may obtain a grading permit, subject to the approval and
supervision of the City. Engineer, prior to submitting a final plat. The Developer shall
provide a letter of credit or cash escrow to guarantee that the site will be restored in the
event the project is not commenced.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of
September, 1993.
f I
ZZZ
Barbara Brancel &1 Yor
ATTEST:
a ,,� c 1/,-,f ""/,,
Ja 's C. Hurm, City Administrator /Clerk
•
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Exhibit D
DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS FOR
GIDEON'S WOODS TOWNHOMES
THIS DECLARATION made this to day of March, 1994, by Glen Road
Limited Partnership, a Minnesota limited partnership, hereinafter called "Declarant ";
WITNESSETH:
WHEREAS, Declarant is the owner of the following described real estate:
Lots 1 through 16 and Lot 18, Block 1, Gideon's Woods,
Hennepin County, Minnesota
all of which above - described land together constitutes and is hereinafter referred to as
the "Property "; and
WHEREAS, the Property is the subject of a proposed townhouse development,
and Declarant intends to improve the Property or portions thereof; and
WHEREAS, Declarant desires to subject the Property to this Declaration at this
time; and
WHEREAS, the real estate subjected hereby or which subsequently may be
subjected to this Declaration and the improvements constructed thereon and Common
Area will require uniform and continuing care and maintenance for the benefit and
enjoyment of persons residing in the townhouses; and
WHEREAS, Gideon's Woods Townhomes Association, Inc., a Minnesota
nonprofit corporation (hereinafter referred to as "Association "), has been formed as an
. agency to receive the power to attend to and effectuate policies and programs that will
enhance the pleasure and value of the development, to hold title to, maintain and
administer the Common Area, to preserve and enhance the Property, to administer
and enforce the covenants and restrictions, and to collect and disburse the
assessments and charges hereinafter created;
NOW, THEREFORE, Declarant declares that the Property described in Article 11
hereof, is and shall be held, transferred, conveyed, sold, leased, occupied and
developed, subject to the covenants, conditions, restrictions, easements, charges and
liens hereinafter set forth, which are for the purpose of protecting the value, desirability
and attractiveness of the Property, and which shall run with the Property and be
binding upon all parties having any right, title or interest in the Property, their heirs,
successors and assigns, and which shall inure to the benefit of each Owner thereof,
and the heirs, successors and assigns of each Owner. This Declaration hereby
establishes a general plan for the individual ownership or real property estates
consisting of residential lots, and the ownership by the Association of all of the
Common Area as hereinafter defined. Every conveyance of any of such lots or
Commons Area, or any part thereof, or any interest therein, shall be and is subject to
these easements, covenants, conditions and restrictions, as follows:
ARTICLE
DEFINITIONS
40 SECTION 1. The following words when used in this Declaration, or any
supplemental declaration (unless the context shall prohibit) shall have the following
meanings:
A. "Owner" shall mean the record owner, whether one or more persons or
entitles, of a a fee simple title to any Lot which is a part of the Property, but any of the
Attachment 2
rights of an Owner may be assigned to a contract purchaser or mortgagee.
B. "Property" shall mean and refer to that certain real property described
and defined in Article II hereinbelow and such additions thereto as hereafter may be
expressly brought within the jurisdiction of the Association.
C. "Association" shall mean Gideon's Woods Townhomes Association, Inc.,
a Minnesota nonprofit corporation.
D. "Board of Directors" or "Board" shall mean the board of directors of the
Association.
E. "Common Area" shall mean Lot 18, Block 1, Gideon's Woods, including
all improvements and structures constructed or to be constructed thereon, and such
additions thereto (by way of easement or other grant from Declarant or others) as have
been or may be granted to the Association for the common use and enjoyment of the
Owners. Said Lot 18 will be conveyed to the Association prior to the first conveyance
of a Lot to an Owner other than Declarant.
F. "Lot" shall mean and refer to any plot of land shown upon any recorded
subdivision map of the Property, with the exception of Common Area.
G. "Member" shall mean any person or entity holding membership in the
Association as provided in Article III hereof.
H. "Declarant" shall mean Katter Development Corporation, a Minnesota
corporation, its successors and assigns if such successors and assigns should acquire
more than one undeveloped Lot from the Declarant for the purpose of development.
I. "Mortgage" shall mean any mortgage or other security instrument by
• which a Lot or any part thereof or any structure thereon is encumbered.
J. "Mortgagee" shall mean any person or entity named a the Mortgagee
under any such Mortgage or any successors or assigns to the interest of such person
or entity under such Mortgage.
K. "Living Unit" shall mean a residential housing unit consisting of a group
of rooms and hallways which are designed or intended for use as living quarters for a
family or other grouping of persons living together. For the purpose of determining
membership in the Association, each Living Unit as constructed on a Lot by Declarant
shall be considered as a separate and individual unit.
L. "Indian Mound" shall mean that part of the Common Area located
northerly of Lots 9 and 10, Block 1, Gideon's Woods in the northeasterly portion of the
Property. Indian Mound is described as mound number 68 of cemetery site 21 -HE -47
and its dimensions are approximately one foot in height, 30 feet in width and 57 feet in
length.
ARTICLE
PROPERTY SUBJECT TO THIS DECLARATION
SECTION 1. The real property which is and shall be held, transferred,
sold, conveyed and occupied subject to this Declaration is located in the City of
Shorewood, County of Hennepin, State of Minnesota, and is more particularly
described as follows:
Lots 1 through 16 and Lot 18, Block 1, Gideon's Woods,
Hennepin County, Minnesota.
IPA
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS IN ASSOCIATION
SECTION 1. Membership Every Owner of a Lot subject to assessment,
except as herein provided to the contrary, shall be entitled and required to be a
member of the Association. If title to a Lot is held by more than one person, each of
such persons shall be a member. An Owner of more than one Lot shall be entitled to
one membership for each such Lot. Each such membership shall be appurtenant to
the Lot upon which it is based and shall transfer automatically by voluntary or
involuntary conveyance of the title of that Lot. No person or entity other than an Owner
or Declarant may be a member of the Association, and a membership in the
Association may not be transferred except in connection with the transfer of title to that
Lot. An Owner may, however, assign voting rights to a Mortgagee or contract
purchaser.
SECTION 2. Transfer A membership in the Association shall not be
transferred, pledged or alienated in any way, except upon the transfer of the record
title of a Lot and then only to such transferee by assignment, intestate succession,
testamentary disposition, foreclosure of mortgage of record, or other legal process. It
shall be the responsibility of each Owner, upon becoming entitled to membership, so
to notify the Association in writing, and until so notified, the Association may continue
to carry the name of the former Owner as a member, in it sole discretion. In the event
the Owner of any Lot should fail or refuse to transfer the membership registered in his
name to the transferee of title of such Lot, the Association shall have the right of record
• the transfer upon the books of the Association and issue a new membership to the
transferee, and thereupon the old membership outstanding in the name of the
transferor shall be null and void as though the same had been surrendered.
SECTION 3. Voting The Association shall have two classes of voting
membership:
A. Class A . Class A members shall be all Owners of Lots, with the
exception of the Declarant prior to termination of Class B membership, and shall be
entitled to one vote for each Lot owned. When more than one person holds title to any
Lot, all such persons shall be members. The vote for such Lot shall be exercised as
they among themselves determine, but in no event shall more than one vote be cast
with respect to any one Lot. There can be no split vote. Prior to or at the time of any
meeting at which a vote is to be taken, each co -Owner or other person entitled to a
vote at such meeting shall file with the Secretary of the Association the name of the
voting co -Owner or other person entitled to a vote at such meeting, unless such co-
Owner or other person has filed a general voting authority with the Secretary
applicable to all votes until rescinded.
B. Class B . The Class B member shall be the Declarant, who shall be
entitled to three votes for each Lot owned. The Class B membership shall cease and
be converted to Class A membership on the happening of either of the following
events, whichever occurs first:
i) When the total votes outstanding in the Class A membership equal
the total votes outstanding the Class B membership; or
ii) The third anniversary of the recording of this Declaration.
-3-
• SECTION 4. Suspension of Votinq Rights In the event any Owner shall
be in arrears in the payment of any amount due under any of the provisions of this
Declaration for a period of thirty (30) days, or shall be in default in the performance of
any of the terms of this Declaration for a period of thirty (30) days, such Owner's right to
vote as a member of the Association shall be suspended and shall remain suspended
until all payments are brought current and all defaults remedied.
ARTICLE IV
PROPERTY RIGHTS
SECTION 1. Permanent Easements All easements described in this
Declaration are permanent easements appurtenant, running with the land. They shall
at all times inure to the benefit of and be binding on the Owner and the Mortgagee,
from time to time, of any Lots and on the owner and mortgagee, if any, from time to
time, of the Common Area, and their respective heirs, successors, personal
representatives or assigns.
SECTION 2. Right of Enjoyment Every Owner shall have a non - exclusive
right and easement of enjoyment in and to the Common Area, which right and
easement shall include, but not be limited to, easements for ingress and egress to his
Lot for himself and his invitees, for lateral support, for utility, water and sewer
easements, vehicular parking, pedestrian ingress and egress, and use and enjoyment
of open spaces and all other parts of the Common Area. Such right and easement
shall be appurtenant to and shall pass with the title to every Lot, subject to the
• following provisions:
A. The right of the Association to pass reasonable rules, with respect to the
Common Area, for the health, comfort, safety and welfare of persons using same;
B. The right of the Association to suspend the voting rights and right of the
use of recreational facilities (if any) situated upon the Common Area (but not rights of
access to Lots) by an Owner for any period during which any assessment against his
Lot remains unpaid, and for a period not to exceed sixty (60) days for an infraction of
its published rules and regulations;
C. The right of the Association to levy assessments as provided in this
Declaration;
D. The right of the Owner of each Lot to the exclusive use, for parking and
other purposes, of the driveway extending from his garage door to the curb line of the
internal common circulation roadway or driveway serving the Living Units, subject to
reasonable regulation by the Board of Directors;
E. The right of the Owner of each Lot to an exclusive easement on the
Common Area for entrances to a Living Unit or to areas occupied by fireplaces, roof
overhangs, balconies, air conditioning compressors, flower boxes, patios, and other
appurtenances which are part of the original construction of any Living Unit, or which
are added pursuant to the provisions of Article VI hereof;
F. The rights of the Association and Declarant reserved under Article IV,
Sections 4 and 5 hereinbelow.
SECTION 3. Delegation of Enjoyment Any Owner may delegate, in
accordance with the Bylaws of the Association, his right of enjoyment to the Common
Area to residents of his Lot, including the members of his family, his tenants, or
I
contract purchasers, and the invitees thereof (except that the Board of Directors may
restrict or regulate use of recreational facilities by non- residents).
SECTION 4. Association's Rights
A. The Association shall have the right to manage, build, reconstruct, repair,
maintain and improve (including by way of example, but not limited to, landscaping,
providing sanitation service to and providing snow removal for) the Common Area.
B. The power and authority of the Association as provided in the applicable
Statutes, the Declaration, Bylaws, and Rules and Regulations shall be vested in a
Board of Directors elected by the Owners in accordance with the Bylaws of the
Association. The Association shall act through the Board of Directors and the officers
elected by the Board; accordingly, all references in the Declaration and Bylaws to the
Association shall mean the Board of Directors acting for the Association, unless action
by the vote of the Owners or Mortgagees is expressly required by the Declaration or
Bylaws.
C. The Association shall have the right to mortgage all or any portion of the
Common Area for the purpose of securing a loan of money to be used for any of the
purposes specified in subsection 4.A. hereinabove, provided that the rights of such
mortgagee in the Common Area shall be subordinate to the rights of the Owners under
this Declaration, and provided, further, that the mortgagee shall have received the
prior written approval specified in Article XI hereinbelow.
D. The Association shall have the right to dedicate or transfer all or any part
of the Common Area to any governmental subdivision or public agency or utility, and
to grant permits, licenses, and easements over the Common Area for utilities, roads,
and other purposes necessary or useful for the proper maintenance or operation of the
project, subject to any prior written approval required by Article XI hereinbelow.
E. The Property shall be subject to easements of record on the date hereof
and any easements in the Common Area which may hereafter be granted by the
Association (subject to the approval referred to in the preceding paragraph) to any
public or private utilities or governmental bodies for the installation and maintenance
of electrical, telephone, cable television and data conduit and lines, gas pipes, sewers
or water pipes, coaxial cable, or any other utility services serving any Lots or the
Common Area. Lots also shall be subject to unintentional encroachments as
described in Section 7 below and to the other express easements created in this
Declaration.
F. The Association shall have the right to repair, replace and maintain any
fencing and landscape features installed around the Indian Mound so as to protect the
Indian Mound from accidental damage or inappropriate use.
G. Anything apparently to the contrary notwithstanding, no abandonment,
partition, subdivision, encumbrance, sale or transfer of the Common Area or other
common property or any part thereof shall be effective unless it shall have received the
prior written approval required by Article XI hereinbelow.
H. In the event that any Owner violates any covenant or fails to perform any
condition contained in this Declaration, the Association may perform the act, remove
the defect or correction the violation upon thirty (30) days written notice to the Owner,
and, as appropriate, pursuant to the procedures contained in Article VI. If the
Association so acts on behalf of any Owner, the Association may levy an assessment
-5-
against the Lot for the cost of the performance or correction as a Maintenance
Assessment as provided in Article V.
I. The Association shall have the access rights set forth below in the Article
entitled "General Provisions."
SECTION 5. Declarant's Rights Declarant shall have the same rights as any
other Lot owner as to Lots owned by it from time to time, except as otherwise specified
herein. In addition, until the last Lot is conveyed to an Owner other than Declarant,
Declarant shall have the right and easement over the Common Area for the
construction and completion of improvements and making repairs to improvements
(whether on the Common Area or upon Lots) and the right to maintain and use
facilities and signs upon the Common Area for the purpose of marketing units, and to
invite and escort the public thereon for such purpose. Without limiting the generality of
the foregoing, Declarant shall have the right (until the last Lot is so conveyed) to
construct, relocate, remove and alter improvements on the Common Area, including
paths, driveways parking areas, utilities, lighting, walls, fences, signs and landscaping,
and to cut, fill and reshape land contours.
SECTION 6. Non - Dedication to Public Uses Nothing contained in this
Declaration shall be construed or be deemed to constitute a dedication, express or
implied, of any part of the Common Area to or for any public use or purpose
whatsoever.
SECTION 7. Easement for Unintentional Encroachment Notwithstanding
any other provisions contained herein, in the event that any Living Unit or any structure
• containing one or more Living Units or any improvements to any Living Unit or any
garage encroaches upon any part of the Common Area or another Lot, or that any
improvements to the Common Area encroach upon any Lot, as a result of construction,
reconstruction, repair, shifting, settlement or movement of any part of the Property, then
a perpetual easement appurtenant to such encroaching Lot or Common Area shall
exist for the continuance of any such encroachment for so long as the encroachment
shall exist.
SECTION 8. Parking Rights Each Lot contains parking areas (including
garages) for the use of its Owner. The Association may maintain additional parking
spaces on the Common Area for the use of Owners, guests and invitees, subject to
reasonable regulation by rule of the Association.
SECTION 9. Common Area Watering As constructed by the Developer,
certain Lots may contain, in addition to the water line serving such Lot, a separate
waterline, water meter and exterior sillcock which is intended for use by the
Association in watering and maintaining Common Area landscaping. The Association
shall have the right to maintain, repair, replace and use such separate waterline, water
meter and sillcock, and shall have the right of reasonable access to the Lot for such
purposes but all costs of such maintenance, repair, replacement and use, including
repairs to improvements on the Lot made necessary by the exercise of these rights,
and including the utility charges for water used, shall be common expenses.
SECTION 10. Lot to Lot Easements Since each Living Unit forms an integral
part of a building including other Living Units, the Owner of each Lot shall have a
nonexclusive right and easement over adjoining Lots for lateral support, support, and
where necessary, access for maintenance and upkeep of walls, fences and other
improvements.
N
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ARTICLE V
ASSESSMENTS
SECTION 1. Personal Obligation: Lien Declarant, for each Lot owned by it
within the Property, hereby covenants, and each Owner of a Lot by acceptance of a
deed, or other conveyance therefore, whether or not it shall be so expressed therein,
shall be and is deemed to covenant and hereby agrees to pay to the Association: (a)
annual assessments or charges, which shall be payable in regular installments and
shall include, but not be limited to, hazard and liability insurance for common property,
blanket hazard and liability insurance for Lots (as determined by the Board of
Directors), exterior maintenance of Living Units and garages, trash removal, sewer
and water charges, outside lighting, maintenance of lawns and landscaping, snow
removal and an adequate reserve fund for the periodic maintenance, repair and
replacement of those improvements and elements of the common property that must
be replaced on a periodic basis and which the Association may be obligated to main-
tain and those portions of the exterior of Living Units and garages which the Associa-
tion is required to maintain, and (b) special assessments, such assessments to be
established and collected as hereinafter provided. Any assessments authorized
herein, together with interest, costs and reasonable attorneys' fees, shall be a contin-
uing lien from the first day of January (for annual assessments ) and from the date the
first installment is payable (for special assessments ) against the Lot assessed. Such
annual assessments shall be due and payable in twelve equal monthly installments
on the first day of each and every month commencing on the first day of January of
each year. Each assessment, together with interest, costs and reasonable attorneys'
fees, also shall be the personal obligation of the person who was the Owner of such
Lot on the date said assessment became due and payable. Said personal obligation
of an Owner shall not pass to his successors in title or interest unless expressly
assumed by them or unless, prior to such transfer, a statement of lien for such
assessments shall have been filed in writing with the County Recorder or Registrar of
Titles (as applicable) for Hennepin County, Minnesota. No Owner shall escape
liability for the assessments which fall due while he was the Owner by reason of non-
use of the Common Area or non -use, transfer or abandonment of his Lot.
SECTION 2. Purpose of Assessments The assessments levied by the
Association shall be used exclusively to promote the health, safety and welfare of the
Owners and residents of the Property, and to construction, manage, improve, maintain,
repair and administer the Common Area and all roads, pipes, wires, or other conduits
of matter or energy, landscaping and other improvements located upon the Common
Area, and for the exterior maintenance of Living Units. An adequate reserve fund shall
be maintained for working capital and for the periodic maintenance, repair and
replacement of those improvements and elements of the common property that must
be replaced on a periodic basis and those portions of the exterior of Living Units and
garages which the Association is required to maintain. Such fund shall be maintained
out of the regular assessments.
SECTION 3. Annual Assessments Until December 31, 1994, the annual
assessment shall be at a rate fixed by the Board of Directors but not to exceed the
monthly rate of $68.00 per Lot. Thereafter, the Board of Directors may fix said annual
assessments to cover any and all expenses and projected expenses.
-7-
i
A. From and after December 31, 1994, the maximum annual assessment
may be increased each year not more than 5% (or the rate of increase in the Revised
Consumer Price Index for Urban Wage Earned and Clerical Workers for All Items for
Minneapolis -St. Paul ( "CPI ") as published by the U.S. Department of Labor, if greater
than 5 %).
B. From and after December 31, 1994, the maximum annual assessment
may be increased above 5% (or the rate of increase in the CPI if greater than 5 %) by a
vote of two - thirds (2/3) of each class of members who are voting in person or by proxy,
at a meeting called for this purpose.
C. The Board of Directors may fix the annual assessment at an amount not
in excess of the maximum.
SECTION 4. Special Assessments In addition to the annual assessments
authorized above, the Association may levy, in any assessment year, a special
assessment applicable to that year only for the purpose of defraying, in whole or in
part, the cost of any unforeseen or unbudgeted common expense, including without
limitation the unexpected construction, reconstruction, repair or replacement of a
capital improvement and including fixtures and personal property related thereto, and
the exterior maintenance of Living Units and garages, provided that any such
assessment shall have the assent of not less than two - thirds (2/3) of the votes of each
class of Members who are voting in person or by proxy at a meeting duly called for this
purpose.
SECTION 5. Maintenance Assessments In addition to annual and special
assessments, the Association may levy in any assessment year a maintenance
assessment, without a vote of the Owners, for the purpose of defraying in whole or in
part the cost of maintenance, repair or replacement of any exterior part or
appurtenance of any Living Unit or garage and any improvements on the Lot on which
any Living Unit is situated. The assessments provided for in this Section are intended
to provide funding for (a) "staged" maintenance programs whereby the Association
implements the overall maintenance and repair of the Property in a series of stages
from year to year and (b) maintenance required by a single or limited number of Living
Units. Maintenance assessments shall be levied in equal shares against only the
Living Unit(s) benefited. The assessment shall be a personal obligation of the Owner
and a lien against the Lot with the same priority and enforceability as any lien for
annual or special assessments.
SECTION 6. Notice and Quorum Written notice of any meeting called for the
purpose of taking any action authorized under Sections 4 or 5 of this Article shall be
sent to all Members not less than thirty (30) days nor more than sixty (60) days in
advance of the meeting. At the opening of such meeting, the presence in person or by
proxy of Members entitled to cast sixty percent (60 %) of the votes of each class of the
membership shall constitute a quorum. If the required quorum is not present, another
meeting may be called subject to the same notice requirement and the required
quorum at the subsequent meeting shall be one -half (1/2) of the required quorum at
the preceding meeting. No such subsequent meeting shall be held more than sixty (6)
days following the preceding meeting.
SECTION 7. Rate of Assessment Both annual and special assessments
must be fixed at a uniform rate for all Lots except that, in consideration for the
in
Declarant hereby assuming any deficit in the operating expenses of the Association so
long as Declarant controls the Board of Directors, Lots owned by the Declarant for
which no certificate of occupancy has been issued by the City of Shorewood shall be
exempt from a assessments until the first day of the month following the issuance of
such certificate at which time such Lot shall be assessed the full rate. The Declarant
may unilaterally waive this exemption or institute a full or reduced rate for Declarant -
owned units prospectively by executing and recording a written waiver to that effect.
SECTION 8. Surcharges The Association in accordance with reasonable
and uniform standards may add to the assessments for a particular Lot or Lots a
surcharge for maintenance or utility expenses benefiting that Lot or Lots but less than
all of the Lots.
SECTION 9. Commencement of Initial Annual Assessments The annual
assessments provided for herein shall commence as to all Lots not later than one
month after the conveyance of the Common Area to the Association. The first annual
assessment shall be adjusted according to the number of months remaining in the
calendar year.
SECTION 10. Commencement of Annual Assessments By November 30 of
each year, the Board shall fix the amount of annual assessments against each Lot for
the following fiscal year and shall send written notice thereof to each Owner. The due
date for payment of annual assessments shall be as set by the Board. At the time the
Board fixes the amount of annual assessments, it shall adopt a budget for the following
fiscal year and cause a copy of such budget in reasonable detail to be furnished to
each other.
SECTION 11. Proof of Payment Upon written demand of an Owner or
Mortgagee, at any time and for a reasonable charge, the Association shall furnish a
written certificate signed by an officer of the Association setting forth whether there are
any then unpaid annual or special assessments levied against such Owner's or
Mortgagee's Lot. Such certificate shall be conclusive evidence of payment of any
annual or special assessments not stated therein as paid.
SECTION 12. Nonpayment of Assessments Any assessments which are
not paid when due shall be deemed delinquent. In the event of a default of more than
thirty (30) days in payment of any assessment or installment thereof, the Board of
Directors may accelerate the remaining installments of the assessment due in the
current assessment year upon notice thereof to the Owner, and thereupon the entire
unpaid balance of the assessment with all accrued interest and penalties shall
become due and payable upon the date stated in the notice. If a monthly assessment
is not paid by the 10th of the month, the Board may assess a reasonable service
charge. If an assessment is not paid within thirty (30) days after the delinquent date, it
shall bear interest from the delinquency date at the rate of eight percent (8 %) per
annum and shall become a continuing lien in favor of the Association on the Lot
against which assessed and the improvements thereon, and the Association (or any
Owner acting in the name and for the benefit of the Association) may bring an action at
law or in equity against the person personally obligated to pay the same, including
interest, costs and reasonable attorneys' fees for any such action, which shall be
added to the amount of such assessment and included in any judgment rendered in
such action, and the Association may also enforce and foreclose any lien it has or
N
which may exist for its benefit. There shall be no right of set -off against the Association
based upon a failure to provide services or for money owed by the Association to the
Owners.
SECTION 13. Recording and Enforcement of Liens To evidence a lien for
sums assessed pursuant to this Article, the Association may prepare a written notice of
lien setting forth the amount of the assessment, the date due, the amount remaining
unpaid, the name of the Owner of the Lot, the name of the person personally obligated
to pay the same, and a description of the Lot. Such a notice shall be signed by an
officer of the Association, and it or a notice of lien or adverse claim thereof may be
recorded in the office of the County Recorder or Registrar of Titles (as applicable) for
Hennepin County, Minnesota. No notice of lien shall be recorded until there is a delin-
quency in payment of the assessment for thirty (30) days. Upon such a delinquency
for thirty (30) days, the Association shall proceed promptly to enforce the lien or, in its
discretion, to sue the person personally liable to the pay the lien for the delinquency.
Such lien shall be enforced by action (of by power of sale, which is hereby deemed
granted by each Owner, at the option of foreclosing party) in the same manner in
which mortgages on real property may be foreclosed in Minnesota. In any such
foreclosure, the person personally obligated to pay the lien shall be required to pay all
costs of foreclosure including interest, costs, and reasonable attorneys' fees. All such
interests, costs, and expenses shall be secured by the lien being foreclosed. The
person personally obligated to pay the lien shall also be required to pay to the Asso-
ciation any assessments against the Lot which shall become due during the period of
. foreclosure. The Association shall have the right and power to bid at the foreclosure
sale or other legal sale and to acquire, hold, convey, lease, rent, encumber, use and
otherwise deal with the foreclosed interest in the Lot as the Owner thereof.
The Association shall upon written request, report to any encumbrancer of a Lot
any assessments remaining unpaid for longer than thirty (30) days after the same shall
have become due, provided, however, that such encumbrancer first shall have
furnished to the Association written notice of such encumbrance.
SECTION 14. Subordination of Lien The lien of the assessments provided
for herein shall be subordinate to the lien of any first mortgage and to tax liens and
liens for special assessments in favor of any taxing and assessing unit of government.
Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or
transfer of any Lot pursuant to mortgage foreclosure or remedies provided in the
mortgage foreclosure or remedies provided in the mortgage, or any such proceeding
in lieu thereof, shall extinguish the lien of such assessments as to charges which
accrued prior to acquisition of title pursuant to such sale or transfer. No such sale or
transfer shall relieve a Lot from liability for any assessments thereafter becoming due
or from the lien thereof or shall relieve the person personally obligated to pay the lien
of personal liability for assessments due prior to such sale of transfer or acquisition of
premises. Any delinquent assessments the lien for which is extinguished by reason of
this provision may be reallocated and assessed to all Lots as a common expense.
ARTICLE VI
S ARCHITECTURAL CONTROLS
SECTION 1. Architectural Control Committee Authority No residential or
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other building, and no fence, wall, garage, outbuilding or other structure, nor any wire,
pipe, well, path, walkway, tree, hedge, driveway, aerial, antenna, or exterior ornament
of any kind, nor any addition, removal, alteration or remodeling of the exterior, shall be
made, erected, altered, placed or permitted to remain on any portion of the Property
unless and until detailed plans and specifications and proposals, including plans
which show the external design, the colors and color scheme, the decoration, the con-
struction, and the materials to be used in construction, the dimensions, and the loca-
tion and approximate cost of the same shall have been submitted to and approved in
writing by an Architectural Control Committee (hereinafter described) as to harmony of
the external design and location in relation to surrounding buildings in the subdivision
and as to general appearance and quality. In the event said Committee fails to
approve or disapprove such design and location within fifteen (15) days after said
plans and specifications have been submitted to it (in such reasonable detail as the
Committee may require), or if no suit to enjoin the making of such construction,
removal, additions, alterations, or changes has been commenced within thirty (30)
days of such submission, such approval will be deemed to have been given. If no
such submission has been made to the Architectural Control Committee or its repre-
sentatives, suit to enjoin or remove such additions, alterations or changes may be
instituted at any time by the Association or an Owner. The Board of Directors, on
request, will issue a certificate as to the state of compliance or noncompliance of a par-
ticular Lot, and any such certificate will be binding as to third parties. Any deviation
from said plans and specifications as approved which in the judgment of the said
Committee is a substantial change or a detriment to the appearance of the structure or
of the surrounding area shall be corrected to conform to the plans and specifications
as submitted. Every structure must be erected and completed within twelve months of
approval, or new approval obtained. If any structure is begun, and is not completed
within twelve months after the commencement of construction, and in the judgment of
the Architectural Control Committee is by reason of its incomplete state of offensive
unsightly appearance, the Committee, at its discretion after ten days written notice to
the Owner of the Lot, may take such steps as may be necessary, in its judgment, to
improve the appearance so as to make the property harmonious with neighboring
properties, including entering upon the Lot, completion of the exterior of the structure,
screening or covering of the structure, or any combination thereof or similar operation
and the amount of any expenditure made in so doing shall be a lien on the Lot
enforceable in like manner as assessments hereunder. Nothing herein contained
shall be deemed to prohibit Declarant from making changes to the plans, speci-
fications, and appearance of buildings constructed from time to time on vacant Lots,
but all buildings shall be consistent in terms of quality and harmonious in general
appearance with previously constructed buildings. During the period the Association
has a Class B member, the decisions of the Architectural Control Committee must
have the written approval of the Declarant. The Architectural Control Committee shall
be the Board of Directors of the Association, or a committee of three or more persons
so designated by the Board.
SECTION 2. Restoration in Accordance with Original Plans Any restoration
or repair of the Common Area or exterior of Living Units and garages, after a partial
condemnation or damage due to an insurable hazard, shall be performed substantially
in accordance with the Declaration and the original plans and specifications, unless
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1
other action is approved by the Architectural Control Committee and by Mortgagees
holding mortgages on Lots which have at least 67 percent of the votes of Lots subject
to mortgages.
SECTION 3. Removal and Abatement The Architectural Control Committee
or the Board shall have the right to order an Owner to remove or alter any structure on
any Lot erected in violation of the terms of this Declaration, and to employ appropriate
judicial proceedings to compel the alteration or demolition of any nonconforming
construction or other violation; or take whatever steps which are deemed necessary to
cure such violation. Any cost incurred by the Architectural Control Committee shall be
levied as a Maintenance Assessment as provided in Article V.
ARTICLE V11
OTHER RIGHTS AND OBLIGATIONS OF THE ASSOCIATION
SECTION 1. The Common Area and Exteriors The Association, subject to the
rights of the Owners as set forth in this Declaration, shall be responsible for, and be
vested with, the exclusive management and control of the Common Area and all
improvements thereon (including furnishings and equipment related thereto), and
shall keep the same in good, clean, attractive and sanitary condition, order and repair.
Such responsibility shall include, but not be limited to, the following: the maintenance
and repair of the Common Area improvements, such as the Indian Mound and related
site improvements, recreational facilities, if any, driveways, parking areas, walkways,
exterior ornamental lights, and all other improvements or material located within or
used in connection with the Common Area. The Association shall own and shall be
responsible for any and all maintenance of Gideon's Lane and the driveways,
walkways and parking areas associated therewith and shall snowplow the driveways,
parking areas and walkways on the Common Area. Notwithstanding anything herein
to the contrary, the Association may, at its sole cost, contract with the City of
Shorewood for such maintenance or snowplowing services as it deems appropriate.
In order to preserve the uniform and high standard of appearance of the Property, the
Association also shall be responsible for the maintenance and repair of the exterior of
all Living Units and garages located on Lots, which responsibility shall include, but not
be limited to, the following: the maintenance and repair of exterior surfaces of all
buildings on the Property, including, without limitation, the painting of same as often as
necessary the replacement of trim and caulking, the maintenance and repair of roofs,
gutters, downspouts and overhangs, the maintenance and repair of exterior windows
and doors, and necessary painting, staining and repair of patio structures on a Lot as
originally built but not (at the Association's option) of additions thereto made by an
Owner. The painting and decorating of the exterior surface of exterior doors and win-
dow sashes shall be the responsibility of the Association. The Association shall not be
responsible for washing windows. All maintenance and repair of the individual Living
Units and garages shall be the sole obligation and expense of the Individual Owner,
except to the extent the exterior maintenance and repair is provided by the
Association. In the event that the need for maintenance or repair is caused through
the willful or negligent act of an Owner, his family, guests, tenants or invitees, the cost
of such maintenance and repair shall be added to and become a part of the
assessment to which such Lot is subject.
SECTION 2. Lawn and Planting Maintenance; Patios The Association shall
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mow, trim, water, rake and otherwise maintain, all to the extent the Board deems
necessary or desirable, all lawns and exterior plantings (including both Common Area
and Lots) except that the Association may elect not to maintain gardens and plantings
established by individual Owners, but to the extent the Association undertakes to do
so, it will not be responsible for any damage to such gardens and plantings due to
overwatering, underwatering or improper watering. The Board of Directors may, in
accordance with uniform standards adopted from time to time and subject to amend-
ment and revocation, permit an Owner to maintain annual and perennial flowers and
plantings within a specified portion of the Common Area adjacent to his Lot. All
plantings, whether upon a Lot or Common Area, shall be subject in each instance to
the Board of Directors' right to disapprove plantings and locations which would be
disharmonious.
SECTION 3. Services The Association may obtain and pay for the services of
any persons or entities, to manage its affairs, or any part thereof, to the extent it deems
advisable, as well as such other personnel as the Association shall determine to be
necessary or desirable for the proper operation of the Property, whether such
personnel are furnished or employed directly by the Association or by any person or
entity with whom or which it contracts. The Association may obtain and pay for legal
and accounting services necessary or desirable in connection with the operation of the
Property or the enforcement of this Declaration. The Association may arrange with
others to furnish trash collection and other common services to each Lot. Any agree-
ment for professional management of the Property, or any other contract providing for
services by Declarant or an entity owned or controlled by the same persons as Declar-
ant, must provide for termination by either party without payment of a termination fee
on ninety (90) days' or less written notice without cause and by either party upon thirty
(30) days' or less written notice for cause, and shall have a maximum contract term of
three years, but may be renewable by agreement of the parties for successive terms.
SECTION 4. Personal Property for Common Use The Association may
acquire and hold for the use and benefit of all of the Owners tangible and intangible
personal property and may dispose of the same by sale or otherwise. Such beneficial
interest shall not be transferable except with the transfer of title to a Lot, provided that
an Owner may delegate his right of enjoyment of such personal property to residents
of his Lot. A transfer of title to a Lot shall transfer to the transferee ownership of the
transferor's beneficial interest in such property in accordance with the purpose for
which it is intended, without hindering or encroaching upon the lawful rights of other
Owners. The transfer of title to a Lot under foreclosure shall entitle the purchaser to
the beneficial interest in such personal property associated with the foreclosed Lot.
SECTION 5. Utilities The Association shall cause to be maintained, replaced
and repaired sewer and water lines on Lots from the boundary of the Property to the
foundation of each Living Unit. The Association may pay as a common expense all
charges for water, sewer and other utilities used upon the Common Area.
ARTICLE VIII
OWNERS' MAINTENANCE
SECTION 1. Upkeep and Maintenance Each Owner shall be responsible for
the upkeep and maintenance of his Living Unit, garage, patio and all other areas,
features or parts of his Lot to the extent not otherwise maintained by the Association,
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and each Owner shall maintain the same free of hazardous substances, vermin, cock-
roaches, pests and debris which may pose a threat to the health or safety of occupants
of other Lots. Every Owner must perform promptly all cleaning, maintenance and
repair work within his Lot, which, if omitted, would affect the Common Area or another
Lot or Lots, being expressly responsible for the damages and lia- bilities that his failure
to do so may engender. Without limiting the generality of the foregoing, the Asso-
ciation may require an Owner to remove offending items, or to use a professional
exterminator, and upon failure of the Owner so to do, Association after reasonable
notice may enter the Lot with a professional exterminator or other appropriate con-
tractor and take the corrective action, charging the Owner of such Lot for the reason-
able cost thereof. An Owner shall do no act nor any work that will impair the structural
soundness or integrity of a multi - family structure or an adjoining Living Unit or garage,
or impair any easement or hereditament, nor do any act nor allow any condition to
exist which will adversely affect the other Living Units, garages or their Owners.
SECTION 2. Heating of Living Units For the purpose of preventing damage
to and breakage of water, sewer and other utility lines and pipes in a Living Unit which
might result in damage to that or other Living Units, all Owners shall maintain the
temperature in their Living Units, all all times, at least at 55 degrees Fahrenheit (or
such other reasonable temperature or standard as the Board of Directors may from
time to time specify by written rule), subject, however, to the inability to maintain such
temperature due to causes beyond the Owner's reasonable control. Any damage
resulting from the refusal or failure of an Owner so to maintain such minimum
temperature may be repaired by the Association and (unless due to causes beyond
the Owner's reasonable control) the cost thereof assessed against the Lot of the
refusing or failing Owner. However, if the failure to maintain such minimum
temperature is due to causes beyond the Owner's reasonable control, the cost of such
repair shall be a common expense. The Association may by rule requiring Living
Units which are unoccupied for substantial periods of time during winter to use alarms
which will detect abnormally low temperatures.
ARTICLE IX
PARTY WALLS
SECTION 1. General Rules of Law to Apply Each wall which is built as a part
of the original construction of the Living Units upon the Property and placed on the
dividing line between the Lots shall constitute a party wall, and to the extent not
inconsistent with the provisions of this Article, the general rules of law regarding party
walls and liability for property damage due to negligence or willful acts or omissions
shall apply thereto.
SECTION 2. Sharing of Repair and Maintenance The cost of reasonable
repair and maintenance of a party wall shall be shared by the Owners who made use
of the wall in proportion to such use.
SECTION 3. Destruction by Fire or Other Casualty If a party wall is destroyed
or damaged by fire or other casualty, an Owner who has used the wall may restore it to
its original condition, and if the other Owners thereafter make use of the wall, they shall
contribute to the cost of the restoration thereof in proportion to such use without
prejudice to the right of any such Owners to call for a larger contribution from the
others under any rule or law regarding liability for negligent or willful acts or omissions.
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SECTION 4. Weatherproofing Notwithstanding any other provision of this
Article, an Owner who by his negligent or willful act causes the party wall to be
exposed to the elements shall bear the whole cost of furnishing the necessary
protection against such elements.
SECTION 5. Right to Contribution Runs With Land The right of any Owner to
contribution from any other Owner under this Article shall be appurtenant to the land
and shall pass to such Owner's successors in title.
SECTION 6. Arbitration In the event of any dispute arising under the
provisions of this Article, each party shall choose on arbitrator, and such arbitrators
shall choose one additional arbitrator, and the decision shall be by a majority of all the
arbitrators, intending hereby to invoke and apply the provisions of Minnesota Statutes
Section 572.08 to 572.30. The arbitration hearing shall be held within Hennepin
County, Minnesota, and the initial application under the statute shall be to the District
Court for the Fourth Judicial District in and for Hennepin County, Minnesota.
ARTICLE X
GENERAL RESTRICTIONS. OBLIGATIONS AND RIGHTS OF OWNERS
SECTION 1. Living Unit and Lot Restrictions No more than one Living Unit
shall be erected or maintained on each Lot, and no Lot as originally platted shall be
further subdivided or partitioned. No Living Unit shall be used for purposes other than
as a single residential unit, nor shall any trade or business of any kind be carried on
within a Living Unit, or upon a Lot, nor shall any Lot or any part thereof be leased,
sublet, assigned or suffered to be used for hotel or transient occupancy, provided that
none of the following activities shall be considered a violation of this covenant:
A. The maintenance of a business and sales office and model units by
Declarant on Lots or Common Area or both during the construction and sales periods.
B. The maintenance of an office by the Association or its designated
manager for purposes of management of the Property.
C. Lease or rental or a Living Unit for purposes consistent with this Section.
D. The use of a Lot by an Owner for home office or studio uses which are
incidental to the principal residential use of the unit, which do not invite or generate
regular or frequent visits by clients, customers employees, co- workers or the public,
and which do not alter the residential character of the Property.
SECTION 2. Common Area Restrictions No industry, business, trade,
occupation or profession of any kind shall be conducted, maintained or permitted on
any part of the Common Area, nor shall any "for sale" or "for rent" signs or any window
display advertising be maintained or permitted on any part thereof, except that
Declarant reserves the right for itself or its agents to maintain a business and sales
office during the construction and sales period until the last Lot is sold, and to place
"for sale," "for rent," or any other signs on any part of the Common Area and to use any
part of the Common Area for sale or display purposes during such period. No Living
Unit or garage shall be constructed on the Common Area. No building, structure or
other obstruction shall be constructed on the Indian Mound other than the fencing,
hedging, or other landscape feature around the periphery of the Indian Mound that
may be constructed consistent with the protection of the Indian Mound from accidental
damage or inappropriate use. There shall be no future development of the Common
Area that will cause any damage or destruction of the Indian Mound.
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SECTION 3. Obstructions Other than for the preservation of the Indian
Mound, there shall be no obstruction of the Common Area, nor shall anything expect
construction materials and equipment be kept or stored on any part of the Common
Area during construction period without the prior written consent of the Board or except
as specifically provided herein. Nothing shall be altered on, constructed in, or
removed from the Common Area except upon the prior written consent of the Board.
SECTION 4. Prohibition of Damage and Certain Activities Nothing shall be
done or kept on any Lot or in the Common Area or any part thereof which would
increase the rate of insurance on the Property or any part thereof over what the
Association, but for such activity, would pay, without the prior written consent of the
Board. Nothing shall be done or kept on any Lot or in the Common Area or any part
thereof which would be in violation of any statute, rule, ordinance, regulation, permit or
other validly imposed requirement of any governmental body. No damage to, or waste
of, the Common Area or any part thereof or of the exterior of the Property and buildings
shall be committed by any Owner or any invitee of any Owner, and each Owner shall
indemnify and hold the Association and the other Owners harmless against all loss
resulting from any such damage or waste caused to the Association or other Owners
by him or his invitees. No noxious, destructive or offensive activity shall be allowed on
any Lots or in the Common Area or any part thereof, nor shall anything be done
thereon which may be or may become a nuisance to any other Owner or to any other
person at any time lawfully residing on the Property. No heating devices, refrigeration
equipment, or other machinery which causes vibrations detectable from outside the
Lot, is fuel- fired, or is otherwise inherently dangerous, noxious, or noisy, shall be
installed or operated within any Lot.
SECTION 5. Fences. Walls and Patios No Owner shall relocate, heighten,
lower or otherwise move or change any fence, wall or patio upon the Property except
as provided in Article VI hereinabove.
SECTION 6. No Unsightly Uses No clothes, sheets, blankets, laundry of any
kind, or other articles shall be hung on any portion of the Common Area, or on a Lot so
as to be visible from outside the Lot. The Common Area and all parts of a Lot visible
from outside the Lot, shall be kept free and clear of all rubbish, debris and other
unsightly materials.
SECTION 7. Exterior Lighting All exterior lighting fixtures and standards
shall be shown on submitted plans and shall comply with the overall lighting plan of
the Declarant. All forms of exterior lighting shall be subject to approval of the Board.
SECTION 8. Exterior Ornaments Exterior ornaments including but not
limited to precast concrete, plastic or wood figurines, wishing wells and windmills shall
be prohibited unless approved by the Board prior to installation or construction.
SECTION 9. Awnings No awnings or shades shall be erected over and
outside of the windows, nor shall any articles or structures be hung or placed on any
outside window sills without the prior written consent of the Board.
SECTION 10. Animals No pets shall be permitted to be kept on the Property
by and Owner or occupant except conventional domesticated animals. No kennel,
dog house or outside run shall be constructed or maintained on the Property. No pet
shall be kept for any commercial purpose nor shall pets be bred for a commercial
purpose on the Property. Any cat or dog, whenever outside of a Living Unit, must be
IN
Ig kept under the direct control of the pet owner or another person able to control the pet.
The person in charge of the pet must clean up after it. The Board may adopt more
specific rules and penalties not inconsistent with the foregoing, and may make all or
specified portions of the Common Area off limits to pets. Upon the petition of 75% of
the Owners of Lots located within 75 feet of the Lot in which resides a specified pet, the
Board may order the removal of a particular dog for constant and uncontrolled barking,
or of any animal for repeated instances of wandering unleashed or other repeated
behavior reasonably offensive to others, provided that the Owner of the Lot harboring
the animal shall first have 30 days' written notice in which the correct the offensive
behavior.
SECTION 11. Prohibited Structures No structure of a temporary character,
trailer, boat, camper -bus, basement, tent or shall shall be maintained on any Lot nor
shall any garage or other building, except a permanent residence, be used at any time
as a residence or sleeping quarters, either temporarily or permanently. Exterior
basketball hoops may only be maintained with prior written approval of the Board, and
may be prohibited in its discretion.
The Association may maintain on the Common Area a storage shed to be used
by the Association for the storage of lawn maintenance equipment and other common
property.
The Board may license the erection of temporary party tents for weddings,
parties and the like.
SECTION 12. General Storage Outside storage of any items (other.than
patio -type furniture and not more than one cooking grill per Lot), including but without
0 limiting the generality of the foregoing, sporting equipment, toys, yard and garden tools
and equipment, and trash and garbage containers, shall not be allowed unless
effectively screened from view from outside the Lot by enclosures. The design of such
screened enclosure must be approved by the Architectural Control Committee in
accordance with the architectural control provisions hereof. The storage or collection
of rubbish of any character whatsoever, any material that emits foul or obnoxious
odors, the growing of any noxious weed or other natural substance, and the harboring
of the source of any noise or activity which disturbs the peace, comfort or serenity of
residents is prohibited. Usual household trash and garbage shall be regularly
collected and may be kept outside only if in sanitary containers which are so screened.
No stores of coal or any combustible, flammable, hazardous or offensive goods,
provisions or materials shall be keep on any part of the Property except for reasonable
quantities and kinds of usual household materials and reasonable quantities of
fireplace wood.
SECTION 13. Vehicle Storage Notwithstanding the foregoing, no boats,
snowmobiles, trailers, camping vehicles, buses, camper tops, "ail- terrain vehicles,"
tractor /trailers, trucks in excess of 9,000 pounds gross weight, or unlicensed or
inoperable vehicles shall at any time be stored or parked on any Lot outside of a
house or garage or on any part of the Common Area without the express written
approval of the Board of Directors, which may be withheld without stated reason. The
City Council of the City of Shorewood, by written notice to the president or secretary of
• the Association, may prohibit any or all such storage or parking. Moreover, no motor
vehicle shall be left parked or stored on any part of the Common Area for more than 72
consecutive hours or in violation of any ordinance of the City of Shorewood.
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SECTION 14. Signs No sign of any kind shall be displayed to the public
view on any Lot, except
A. Designations, in such styles and materials as the Board shall by
regulation approve, of street addresses and names of occupants;
B. A "For Sale" sign may be displayed provided that it is in such styles and
materials as the Board shall by regulation approve; and
C. Declarant shall be permitted to erect and maintain upon the Property
such signs as it deems necessary to advertise the development during the
construction and sale periods.
Without limiting the generality of the foregoing, the Board of Directors may by
resolution prohibit the distinctive and particular "For Sale" signs used by real estate
brokers and agents.
SECTION 15. Antennae Except with prior written approval of the
Architectural Control Committee, no exterior television, radio, satellite, microwave or
other antenna of any sort shall be erected or maintained upon any Lot. The
Architectural Control Committee may choose to prohibit all such antennae, or to
prohibit only certain kinds and locations of antennae, and to change its regulations
from time to time, all in its discretion. Without limiting the generality of the foregoing, it
shall not be deemed arbitrary or an abuse of such discretion if the Committee were to:
A. permit existing antennae to continue to be maintained, while at the same
time banning new antennae of the same type of location;
B. prohibit antennae to be placed so as to be visible from the street side of a
Lot, but permit the same antennae if not so visible; or
C. place height or size restrictions on antennae.
SECTION 16. Rentals Any lease between an Owner and a lessee
shall provide that the terms of the lease shall be subject in all respects to the provision
of this Declaration, the Articles of Incorporation and the Bylaws, and that any failure by
the lessee to comply with the terms of such documents shall be a default under the
lease. A lease must be for an entire Living Unit, not a portion thereof. All leases shall
be in writing. No lease may be for a period of less than 30 days. Other than the fore-
going, there shall be no restrictions on the right of any Owner to lease his Living Unit.
SECTION 17. Rules and Regulations The Board from time to time
shall adopt such other rules and regulations governing the use and enjoyment of the
Common Area, the conduct of any persons occupying or using the Property, and the
general use, maintenance and enjoyment of the Property, as the Board in its sole
discretion deems appropriate or necessary.
ARTICLE XI
RIGHTS FOR THE PROTECTION OF FIRST MORTGAGEES
SECTION 1. Precedence The provisions of this Article take precedence over
any other conflicting provisions of this Declaration.
SECTION 2. Notice of Action Any Mortgagee and any insurer or guarantor of
a first Mortgage on a Lot of Living Unit who has advised the Association in writing of its
name and address and the address of the Lot or Living Unit covered by such
Mortgage, and in said writing has requested the Association to notify it of any of the
following, will be entitled to timely written notice of:
MR11
. A. Any condemnation loss or any casualty loss which affects a material
portion of the project or any Lot or Living Unit on which there is a first mortgage held,
insured or guaranteed by such mortgage holder or insurer or guarantor, as applicable;
B. Any delinquency in the payment of assessments or charges owed, or any
other default in the performance of any obligation under the Declaration, Bylaws, or
Articles of Incorporation by an Owner of a Lot or Living Unit subject to a first mortgage
held, insured, or guaranteed by such holder or insurer or guarantor, which remain
uncured for a period of 60 days;
C. Any lapse cancellation or material modification of any insurance policy or
fidelity bond maintained by the Association;
D. Any proposed action which would require the consent of a specified
percentage of mortgage holders as specified in the Article entitled "General
Provisions ".
SECTION 3. Liability for Unpaid Assessments Any first mortgagee
who obtains title to or comes into possession of a Lot pursuant to the remedies
provided in the mortgage or by foreclosure of the mortgage or by deed or assignment
in lieu of foreclosure, and any purchaser at a foreclosure sale shall not be liable for the
unpaid assessments of the Lot which accrue prior to the acquisition of title or
possession to such Lot by the mortgagee.
SECTION 4. Examination of Books and Records First mortgagees
and holders insurers and guarantors of first mortgages shall have the right to examine
the books and records of the Association, as set forth more fully in the Bylaws.
• SECTION 5. Payment of Taxes and Insurance First mortgagees may,
jointly or singly, pay taxes or other charges which are in default and which have or
may become a charge against any common property, and may pay overdue premiums
on hazard insurance policies or secure new hazard insurance coverage on the lapse
of a policy for the common property, and first mortgagees make such payments shall
be owed immediate reimbursement therefore from the Association. The Board is
authorized to enter into an agreement in favor of all first mortgages of Living Units
establishing entitlement to such reimbursement.
SECTION 6. Distribution of Insurance Proceeds and Condemnation Awards
No provision of the Declaration or Bylaws shall be construed as giving to the Owner or
to any other party priority over any rights of first mortgagees of Lots pursuant to their
mortgages in the case of a distribution to Owners of insurance proceeds or
condemnation awards for losses to or a taking of common property.
SECTION 7. Designation of Representative Any holder of a first
mortgage on a Lot or Living Unit may designate a representative to attend meetings of
members.
ARTICLE X11
INSURANCE
SECTION 1. Maintenance of Insurance Commencing not later than the time of the
first conveyance of a Lot to an Owner other than Declarant, the Association shall
maintain, to the extent reasonably available, the following insurance:
A. Master or blanket type policy of fire insurance with extended coverage
endorsement (including, to the extent reasonably available, vandalism, debris
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r `
removal, malicious mischief, or windstorm and water damage) insuring the Common
Area and covering the interest of the Association for full insurable replacement cost, as
determined annually by the Board of Directors. Proceeds of such hazard insurance
shall be used solely for the repair, replacement, or reconstruction of such insurable
common property. Said policy shall afford, as a minimum, protection against the
following:
i) loss or damage by fire and other perils normally covered by the
standard extended coverage endorsement;
ii) all other perils which are customarily covered with respect to
projects similar in construction, location and use, including all
perils normally covered by the standard "all risk" endorsement,
where such is available. The name of the insured under such
policies must be set forth therein substantially as follows:
"Gideon's Woods Townhomes Association, Inc.,
for the use and benefit of the individual owners ".
The policies also may be issued in the name of an authorized
representative of the Association, including any Insurance Trustee
with whom the Association has entered into an Insurance Trust
Agreement, or any successor to such trustee, for the use and
benefit of the individual Owners. Loss payable shall be in favor of
the Association (or Insurance Trustee), as a trustee for each Owner
and each such Owner's mortgagee. Each Owner and each such
Owner's mortgagee, if any, shall be beneficiaries of the policy with
respect to the Common Area equally with each other Lot.
Evidence of insurance shall be issued to each Owner and
mortgagee upon request. Policies must provide for the recognition
of any Insurance Trust Agreement. The policies shall also provide
that the right of subrogation against Owners will be waived, that
the insurance will not be prejudiced by any acts or omissions of
individual Owners that are not under the control of the Association
or the Owners collectively and that the policy will be primary, even
if an Owner has other insurance that covers the same loss.
If reasonably available, such policies shall include:
i) Agreed Amount Endorsement (or like endorsement);
ii) Inflation Guard Endorsement; and
iii) Construction Code Endorsements (such as a Demolition Cost
Endorsement a Contingent Liability for Operation of Building Laws
Endorsement, and an Increased Cost of Construction
Endorsement) if the project is subject to a construction code
provision which would become operative and require changes to
undamaged portions of the improvements, thereby imposing
significant costs in the event of partial destruction of the project by
an insured peril.
B. Workers' Compensation insurance (if the Association has eligible
employees);
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C. Comprehensive public liability insurance in such amounts and with such
coverage as the Board of Directors shall from time to time determine, but at least:
i) covering events occurring anywhere on the Common Area (and
public ways and commercial spaces, if any, and any other areas
that are under its supervision) or arising out of or in connection
with the use, ownership or maintenance of the Common Area;
ii) covering, without limitation, legal liability of the insured for property
damage, bodily injuries and deaths of persons in connection with
the operation, maintenance or use of the Common Area, and legal
liability arising out of lawsuits related to employment contracts of
the Association, and such other coverages as are customarily
covered with respect to projects similar in construction, location,
and use;
iii) insuring each officer and member of the Board of Directors, the
managing agent and each Owner and with cross liability
endorsement to cover liabilities of the Owners as a group to an
Owner and with a "Severability of Interest Endorsement" which
would preclude the insurer from denying the claim of an Owner for
the negligent act of another Owner, occupant or the Association;
and
iv) in amounts generally required by private institutional mortgage
investors for projects similar in construction, location and use.
(However, such coverage shall be for at least $1,000,000 for
bodily injury, including deaths of persons and property damage
arising out of a single occurrence.)
D. Such other insurance as the Board of Directors may determine.
E. All such policies must provide that they may not be canceled or
substantially modified by any party without at least 10 days' prior written notice to the
Association and to each holder of a first mortgage which is listed as a scheduled
holder of a first mortgage in the insurance policy.
SECTION 2. Owners' Individual Policies Each Owner shall carry
insurance for his own benefit insuring his personal liability and his carpeting,
wallcovering, appliances, cabinets, fixtures, furniture, furnishings, and other personal
property, and fixtures and other property supplied or installed by him or a previous
Owner or tenant, provided that all such policies shall contain waivers of subrogation
and further provided that the liability of the carriers issuing insurance obtained by the
Association shall not be affected or diminished by reason of any such additional
insurance carried by any Owner.
SECTION 3. Covenant to Insure Since each Living Unit forms an integral
part of a building including one other Living Unit, and failure to repair or rebuild a
damaged Living Unit would therefore seriously affect the appearance, structural
integrity and value of an adjoining Living Unit and the appearance of the project as a
whole, each Owner covenants to keep in full force and effect at all times fire and
standard extended coverage insurance in an amount not less than 100% of the
insurable value (based on current replacement cost) of his Living Unit and associated
garage as originally constructed, and to use the proceeds ,thereof solely for the repair,
541
1 _
• replacement or reconstruction of such Living Unit and associated garage, and to
deliver proof of such insurance to the Association upon demand. Each such policy
shall name the Association (or its Insurance Trustee) as an additional insured and
shall provide for 30 days' notice to the Association before cancellation shall be
effective and shall waive subrogation against other Owners. No government agency
as an Owner shall be required to carry said insurance. The Association my, by
resolution of the Board of Directors, elect to obtain and continue in effect, on behalf of
all Owners, a blanket insurance policy for all Living Units conforming to the foregoing
requirements and the premiums therefore may be assessed against each Lot equally,
pro rata by value or size or by any other reasonable allocation, as part of the regular
annual assessment. Such coverage shall be written in the name of, and the proceeds
shall be payable to, the Association as trustee for the Owners or some other Insurance
Trustee.
SECTION 4. Additional Coverages In addition and supplement to the
foregoing powers, and not in limitation thereof, the Board of Directors shall have the
authority at all times without action by the Owners to require the policies mandated by
this Article to include, or directly to obtain and maintain in force all Common Area or
Association coverages and endorsements required by mortgagees of Living Units,
garages or Lots, as such requirements are amended from time to time.
SECTION 5. Covenant to Rebuild Each Owner, by acceptance of a deed to
his Lot, hereby appoints the Association, or any Insurance Trustee or substitute
Insurance Trustee designated by the Association, as attorney -in -fact for the purpose of
• the collection and appropriate disposition of the proceeds of casualty insurance on
individual Lots and Living Units, the negotiation of losses and execution of releases of
liability, the execution of all documents, and the performance of all other acts
necessary to accomplish such purpose. The Association or any Insurance Trustee is
hereby required to receive, hold, or otherwise properly dispose of any proceeds of
such insurance in trust for Owners and their first mortgage holders, as their interests
may appear, and to apply and administer the same as follows:
A. All insurance proceeds paid to the Association or Insurance Trustee
(hereinafter sometimes referred to merely as "Trustee ") shall be deposited in escrow
with a title insurance company or other depository acceptable to the Trustees and
mortgagees of record.
B. The Owner of the Living Unit or garage with respect to which the insured
loss occurred shall, within thirty (30) days after insurance proceeds are deposited in
accordance with paragraph A. above, enter into a firm lump sum contract with a
qualified builder providing for the reconstruction or remodeling of the Living Unit or
garage, to substantially the same condition as existed immediately prior to the insured
loss; provided, however, that no contract shall be entered into by the Owner for an
amount in excess of the insurance proceeds and then held by the Trustee for said
Living Unit or garage, until additional funds are deposited by the Owner sufficient to
cover all construction and restoration costs as determined by the Trustee and
mortgagee. Said reconstruction or remodeling shall be commenced and completed
with due diligence, and in no event shall said work be completed later than 180 days
(weather permitting) after said insurance proceeds are deposited in escrow as
aforesaid. The Association and mortgagees of record of the Living Units or garages
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s
affected and the lots underlying the same shall have the right, but not the obligation, to
deposit such additional funds in excess of insurance proceeds as may be required to
permit construction as herein provided and any such advances shall be a lien upon
the Lot or Lots, subordinated, however, to the interests of mortgagees or record.
C. In the event the Owner fails to enter into a contract as provided in
subparagraph B above, or in the event that reconstruction or remodeling is not
commenced or completed as provided above, then the Trustee or the mortgagee of
record, with the consent of the Trustee, shall have the right, but not the obligation, to
enter into those contracts which it deems necessary to complete said reconstruction or
remodeling of the Living Unit or garage, and the Trustee or mortgagee shall have the
right to have said insurance proceeds applied in satisfaction of any obligation incurred
pursuant to said contracts, without liability of any kind to the Owner, including, but not
limited to, interest on said insurance proceeds. The Trustee may employ any bonded
party or parties as its agents in exercising those functions given to it in this Section.
The Trustee shall be empowered to pay said agent a reasonable fee for the services
rendered by said agent and to collect said charge from the Owner or Owners, as the
case may be, and in the same manner as that which is provided herein for the
collection of an insurance premium paid by the Association.
D. Disbursement of funds on deposit pursuant to subparagraph A. above for
contracts for reconstruction or remodeling entered into under subparagraphs B. and C.
above, shall be made by a title insurance company or other agent ( "Agent ") selected
by Trustee and the affected mortgagees of record, subject to the following:
• i) Article VI of these covenants entitled "Architectural Controls" shall
apply to all said reconstruction or remodeling.
ii) Receipt by Agent of such sworn construction statements, lists of
subcontractors, lien waivers and receipts as it shall determine to
be appropriate. Disbursements may be by periodic or progress
payments, and Agent may make such inspections and withhold
such payments as it deems necessary to insure completion in
compliance with plans and specification.
iii) In the event a contract is entered into pursuant to subparagraph B
hereinabove, the written consent of the Owner to said payment or
payments, which consent will not be unreasonably withheld.
E. In the event that a remodeling or reconstruction contract is, for any
reason, not entered into pursuant to the provisions of subparagraphs B. and C.
hereinabove, within 180 days after deposit of insurance proceeds in escrow for a
damaged or destroyed Living Unit or garage, as herein provided, or in the event there
are excess funds after reconstruction or remodeling, the proceeds or excess, as the
case may be, shall be disbursed to each Owner and mortgagee of record of the
affected Lot as their interests appear.
F. In the event the Owner whose property is damaged fails to make
satisfactory arrangements for the repair and reconstruction of the damaged property
and, in the event the trustee decides to repair and reconstruct the damaged property
and it is determined by it that the insurance proceeds are not sufficient for all costs and
expenses associated therewith, the Association or the Mortgagee may deposit,
arrange for and disburse funds over and above the insurance proceeds to complete
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Y
the repair and reconstruction and to pay the costs associated and related therewith
( "additional expense ").
i) If the insurance coverage for this casualty was by a blanket or
master policy secured by the Association, such additional expense
shall be a common expense payable from the Association's funds
or assessable equally against all Lots as a special assessment.
ii) If the insurance coverage for this casualty was by an individual
policy secured by the affected Owner, then such additional
expense shall be due and payable from the affected Owner and
upon completion of the work, the Board of Directors may levy a
Special- Charge Assessment against the Lot having the effect of a
maintenance assessment lien under Article V hereof, but superior
to all other annual and special assessments, and which lien may
be enforced in the same manner as provided herein for other
assessment liens. The Special- Charge Assessment shall be in
the amount expended by the trustee over and above the insurance
proceeds received by the Trustee to repair and reconstruction the
Owner's premises, including necessary costs, expenses and fees
associated with the work.
G. In all events, betterments or improvements made subsequent to the
original construction by any Owner to his Lot shall be the responsibility of the Owner to
insure separately (or by rider to a blanket policy at the consent of the Association) if he
• desires the same insured. If the Trustee or mortgagee undertakes the reconstruction
or remodeling of a Living Unit or garage as above provided, the same need be
restored only to substantially the same condition as the Living Unit or garage was as of
the completion of original construction.
SECTION 6. Insurance Premiums Insurance premiums for any blanket
property insurance coverage and the other insurance coverages purchased by the
Association shall be common expenses to be paid by assessments levied by the
Association, and such assessments shall be held in a separate escrow account of the
Association and used solely for the payment of the blanket property insurance
premiums and other insurance premiums as such premiums become due. The
premiums payable as to each Living Unit and associated garage may be allocated
based upon the ratio of the value of each Living Unit to the total value of all Living
Units, rather than equally, if so determined by the Board of Directors.
SECTION 7. Fidelity Bonds The Association may maintain blanket fidelity
bonds for all officers, directors, trustees and employees of the Association and all other
persons handling or responsible for funds of or administered by the Association, and
the Board may enter into a binding agreement with a mortgage holder or guarantor to
keep such coverage in force.
ARTICLE XIII
EMINENT DOMAIN
SECTION 1. Representation The Association shall represent the owners in
any condemnation proceedings or in negotiations, settlements and agreements with
the condemning authority for acquisition of the Common Area, or part thereof, and by
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. acceptance of a deed for his unit, each Owner appoints the Association as attorney -in-
fact for such purposes. In the event of a taking or acquisition of part or all of the
Common Area by a condemning authority, the award or proceeds of settlement shall
be payable to the Association, or other trustee (such as a bank or title insurance
company appointed as such by the Association), for the use and benefit of the Owners
and their mortgagees as their interests may appear.
SECTION 2. Reconstruction In the event of a partial taking of the Common
Area (or conveyance in lieu thereof), the Association promptly shall cause the
remaining portions of the Common Area to be restored functionally and anesthetically
to reasonably the same condition as before the taking, using so much of the proceeds
of such taking for such purpose as shall be reasonably necessary. In the event of a
total taking of the Common Area (conveyance in lieu thereof), and the project is
terminated by the election hereinabove required, the proceeds shall be allocated
equally among each Lot, payable jointly to the respective Owners and mortgage
holders thereof.
ARTICLE XIV
GENERAL PROVISIONS
SECTION 1. Enforcement Enforcement of these covenants and restrictions
and of the provisions contained in the Articles of Incorporation and Bylaws of the
Association (and of decisions made by the Association pursuant thereto) may be by
any proceeding at law or in equity instituted by the Association or by any Owner
• against any person (including the Association) violating or attempting to violate any
covenant or restriction, either to restrain violation, to compel compliance, or to recover
damages, and against the land, to enforce any lien created by these covenants; and
failure by the Association or by any Owner to enforce any covenant or restriction
herein contained in a particular instance shall in no event be deemed a waiver of the
right to do so thereafter. Attorneys' fees and costs of any such actions to restrain
violation or to recover damages as determined by the Court shall be assessable
against and payable by any persons violating the terms contained herein.
SECTION 2. Mergers Upon a merger or consolidation of the Association
with another corporation as provided in its Articles and Bylaws, its properties, rights
and obligations may, by operation of law, be transferred to another surviving or
consolidated association or corporation, or, alternatively the properties, rights and
obligations of another corporation may, by operation of law, be added to the
properties, rights, and obligations of the Association as a surviving corporation
pursuant to a merger. The surviving or consolidated corporation may administer the
covenants and restrictions established upon any other properties as one entity. No
such merger or consolidation, however, shall effect any revocation, change or
additions to the covenants established by the Declaration within the Property, except
as hereinabove provided.
SECTION 3. Access For the purpose solely of performing repairs and
maintenance authorized by this Declaration, the Association, through its duly
authorized agents or employees, shall have the right, after reasonable notice to the
Owner (except in an emergency), to enter upon any Lot. In the event the Association
authorizes any sort of master cable or community television or data system, each
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Owner hereby authorizes access to his Lot upon reasonable notice for the purpose of
installing the conduits and fixtures necessary to serve such Lot, without regard to
whether the Owner then elects to subscribe to or use such system.
SECTION 4. Emergency Access For the purpose of performing emergency
repairs under this Article, or of taking emergency action to seal a Living Unit from
weather or otherwise to prevent damage or destruction to any Lot or Living Unit, the
Association, through its duly authorized agents or employees, shall have the right to
enter upon any Lot or Living Unit at any time, without notice, with such men and
material as the Association deems necessary, to accomplish such emergency repairs
or to take such emergency action.
SECTION 5. Severability Invalidation of any one of these covenants or
restrictions by legislation, judgment or court order shall in no way affect any other
provisions which shall remain in full force and effect.
SECTION 6. Duration and Amendment The covenants and restrictions of
this Declaration shall run with and bind the land, and shall inure to the benefit of and
be enforceable by the Association or other Owner of any Lot subject to this
Declaration, their respective personal representatives, heirs, successors and assigns,
for a term of twenty (20) years from the date of this Declaration is recorded, after which
time the covenants and restrictions shall be automatically renewed for successive
periods of ten (10) years unless terminated by a statement recorded within the last 90
days of such 20 or 10 year periods signed by not less than 90% of the owners and by
not less than 51% of the holders of first mortgages, counting one vote for each Lot
• covered by a first mortgage.
Except as elsewhere herein provided, this Declaration may be amended during
the first twenty -year period by an instrument signed by not less than ninety percent
(90 %) of each class of the Owners and thereafter by an instrument signed by not less
than seventy -five percent (75 %) of the Owners, but no easement right shall be
terminated or abridged without the consent of all affected Owners In addition, a
particular amendment may require the consent of Declarant under Section 7, below, or
of a proportion of first mortgagees under Section 8, below. The consent of the Owners
may be obtained by a written agreement, or at a meeting of the Association duly held
in accordance with the provisions of the Bylaws. Whenever such an amendment has
been so approved, it shall be recorded with the appropriate recording office in the
county where the Property is located, and shall not be effective until so recorded. Any
officer of the Association shall have the power and authority to certify to such approval,
and such certification shall be sufficient evidence of approval for all purposes,
including recording.
SECTION 7. Declarant's Joinder In addition to the other requirements for
amendment of this Declaration and the Bylaws contained herein, the written joinder
and consent of the Declarant shall be required for any amendment of either the
Declaration or Bylaws which shall abolish, diminish or restrict Declarant's rights
hereunder to complete improvements, to maintain sales and management offices and
models, to maintain signs and advertise the project, or to use easements through
Common Areas for purposes of constructing improvements or marketing the project
until the last conveyance of a Lot to an Owner other than Declarant. This right may be
waived in whole or in part at any time by recording a written waiver executed and
acknowledged by Declarant.
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SECTION 8. Mortgagee Approval In addition to all other requirements set
forth herein, unless at least sixty -seven percent (67 %) (or such higher percentage as is
required by law or this Declaration) of the first mortgagees of the Lots or their assigns
(based upon one vote for each first mortgage owned), have given their prior written
approval, neither the Association nor the Owners shall be entitled to:
A. terminate the legal status of the project (except in accordance with
procedures set forth in these Declaration and Bylaws in the event of amendment or
termination made as a result of destruction, damage or condemnation);
B. by act or omission, seek to abandon, partition, subdivide, encumber, sell
or transfer the Common Area (the granting of easements for public utilities or for other
public purposes consistent with the intended use of the Common Area shall not be
deemed such a transfer);
C. use hazard insurance proceeds for losses to any common property for
other than repair, replacement or reconstruction of such common property;
D. By act or omission change, waive or abandon any scheme of regulations,
or enforcement thereof pertaining to the architectural design of the exterior
appearance of Living Units or garages, the exterior maintenance of Living Units or
garages, the maintenance of the common property, party walls or common fences and
driveways, or the upkeep of lawns and plantings.
SECTION 9. Notices Any notice required to be sent to any Member of the
Association (or Owner) under the provisions of this Declaration shall be deemed to
have been properly sent when mailed, posted prepaid, to the last known address of
. such member appearing on the records of the Association at the time of such mailing.
In the case of multiple Owners of a Lot, notice to any one of such Owners shall be
deemed notice to all.
SECTION 10. Captions The Article and Section headings are intended for
convenience only and shall not be given any substantive effect.
SECTION 11. Construction In the event of an apparent conflict between this
Declaration and the Bylaws, the provisions of this Declaration shall govern. The use of
pronouns such as "his ", "he" and "him" are for literary purposes and mean whenever
applicable the plural and female forms.
IN WITNESS WHEREOF, the said Glen Road Limited Partnership, a Minnesota
limited partnership, has caused this document to be executed as of the day and year
first written above.
Glen Road Limited Partnership,
a Minnesota limited partnership
By Katter Dev916pment Corporation,
a general Artner /
la
0
red "R. Katter, President
IPZA
• STATE OF MINNESOTA )
)ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ) 4 � day
of March, 1994, by Fred R. Katter, President, Katter Development Corporation, a
Minnesota corporation, a general partner of Glen Road Limited Partnership, a
Minnesota limited partnership, on behalf of said partnership.
•
y--- - - - - -- JOT49 WATERS
a, �: NOTARY PUBLIC - MINNE
HENNEPIN COUNTY
kt, My Commission Expires Dec. 11, 1997
City of Shorewood,
a municipal corporation
M
Its:
C
as C. Hurm
Administrator /Clerk
STATE OF MINNESOTA )
)ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this � day
of March, 1994, by James C. Hurm, City Administrator /Clerk, City of Shorewood, a
municipal corporation, on behalf of said corporation.
�`
'��'� Theresa L. b
(rotary Public A innesota
�: � � ° `' Hennepin County
(e 1 _n:0,
MY Cammis=.:cn Exp.1 -2 r
Notary Public
Drafted by
• John J. Waters
8120 Penn Avenue S, Suite 158
Bloomington, Minnesota 55431
(612) 884 -5231
MN Atty. 1. D. #114777
M.
DECLARATION OF RESTRICTIONS
This Declaration made this 1�- day of March, 1994 by Glen Road Limited
Partnership, a Minnesota limited partnership, hereinafter referred to as "Declarant."
WHEREAS, Declarant is the owner of certain real property located in the City of
Shorewood, County of Hennepin, State of Minnesota, which is platted as Lots 1
through 18, Block 1, Gideon's Woods, which real estate is hereinafter referred to as
" Gideon's Woods "; and
WHEREAS, there is a house located within Gideon's Woods (the "House ")
which Declarant has moved or is about to move to Lot 17, Block 1, Gideon's Woods
(the "Lot "); and
WHEREAS, the House has certain exterior physical characteristics that have
historical uniqueness which characteristics the Declarant is desirous of protecting and
preserving; and
WHEREAS, there is a historical marker within Gideon's Woods (the "Marker ")
that Declarant has or is about to move to the Lot; and
• WHEREAS, the Marker is of historical significance and the Declarant is desirous
of protecting and preserving the marker.
NOW THEREFORE, Declarant hereby declares that the Lot shall be held, sold
and conveyed subject to the following restrictions, covenants and conditions which
shall run with the Lot and which are for the purpose of protecting and preserving the
House and the Marker and which shall be binding on all parties having any right, title
or interest in the Lot, their heirs, successors and assigns;
1. The exterior physical characteristics of the House shall be maintained in
a condition commensurate with and generally similar to its present physical
characteristics.
2. Nothing shall be done by the owner of the Lot to in any way disturb or
destroy the Marker.
3. This Declaration shall be null and void as to the House in the event of
substantial destruction of the House by fire or other disaster or in the event the House
deteriorates to the extent that repair or restoration thereof is not feasible.
4. This Declaration shall be null and void as to the Marker in the event of
substantial destruction of the Marker.
•
Attachment 3
r
IN WITNESS WHEREOF, Glen Road Limited Partnership, a Minnesota limited
partnership, has caused this document to be executed as of the day and year first
written above.
Glen Road Limited Partnership,
a Minnesota limited partnership
By Katter D;Xarrt opment Cor oration,
eral
a gen ner
STATE OF MINNESOTA
)ss
COUNTY OF HENNEPIN ) ,
The foregoing instrument was acknowledged before me this `�- day
of March, 1994, by Fred R. Katter, President, Katter Development Corporation, a
Minnesota corporation, a general partner of Glen Road .Limited Partnership, a
Minnesota limited partnership, on behalf of said partnership':
i N C- SOTA
HEN IVTY
• My Comffd m EX*= DOM 11.1997
City of Shorewood,
a municipal corporation
B y: ,�tititi�;
James C. Hurm
Its: Gity Administrator /Clerk
STATE OF MINNESOTA )
)ss
COUNTY OF HENNEPIN ) r �
The foregoing instrument was acknowledged before me this day
of March, 1994, by James C. Hurm, City Administrator /Clerk, City of Shorewood, a
municipal corporation, on behalf of said corpor ation.
Th eresa L. Naafi � � /��� �: � ✓�r � /�---
'w y Notary Public- Minnesota
Drafted by : 3+1L H e nnepin County
John J. Waters ' My Comm,ssic1z Exp. ?.
8120 Penn Avenue S, Suite 158
Bloomington, Minnesota 55431
(612) 884 -5231
M N Atty. I. D. #114777
-2-
Notary Public