93-052
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RESOLUTION NO. ll? -q1
A RESOLUTION APPROVING THE FINAL PLAT OF
DEER RIDGE
WHEREAS, the final plat of Deer Ridge has been submitted in the manner required
for the platting of land under the Shorewood City Code and Chapter 462 of Minnesota
Statutes, and all proceedings have been duly had thereunder; and
WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the
regulations and requirements of the laws of the State of Minnesota and the City Code of the
City of Shorewood.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Shorewood:
(1) That the final plat of Deer Ridge is hereby approved.
(2) That the approval is specifically conditioned upon the terms and conditions
contained in the attached Development Agreement between the developer and the City of
Shorewood and the attached Development Agreement with the City of Chanhassen.
(3) That the Mayor and City Clerk are hereby authorized to execute the Certificate
of Approval for the plat and said Development Agreements on behalf of the City Council.
(4) That this final plat shall be filed and recorded within 60 days of the
Developer's receipt of this Resolution.
BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by
the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the
subdivider and City officials and shall entitle such plat to be placed on record forthwith
without further formality, all in compliance with Minnesota Statutes and the Shorewood City
Code.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 24th day of May 1993.
~~&MoC
Barbara J. B 1, 'Mayor
ATTEST:
I,/VV'\'
Jam s C. Hurm, City Administrator/Clerk
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CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
DEER RIDGE
THIS AGREEMENT, made this ~'" day of -)" ''1
, 1993, by and
between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter
referred to as the "City", and J. Scotty Builders, Inc., hereinafter referred to as the
"Developer" .
WHEREAS, the Developer has an interest 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, the Developer has made application under the City Subdivision
Ordinance for City Council approval of a single-family residential development plat of the
Subject Property, said plat to contain approximately 5.1 acres divided into five lots, to be
known as Deer Ridge (the Development); and
WHEREAS, the City Council by its Resolution No. 28-93 adopted on 10 March
1993, has approved the preliminary plat of the Subject Property subject to conditions; and
WHEREAS, the Developer has now submitted its final plat for the development of the
subject property, which plat is attached hereto and made a part hereof as Exhibit B; and
WHEREAS, the City Council by its Resolution No. 67243 adopted 24 May 1993,
has approved the final plat of the Subject Property subject to conditions; and
WHEREAS, the Developer has made application to the City to be allowed at
Developer's expense to construct all surfaced streets, curbs, gutters, required landscaping,
storm sewer and surface water drainage facilities, street signs, sanitary sewer facilities and
underground electric, gas and telephone service lines (the Improvements) to all lots within
the plat approved by the City.
NOW, THEREFORE, in consideration of the foregoing premises and acceptance by
the City of the final plat of Deer Ridge, the City and the Developer agree as follows:
1.) Improvements Installed by Developer - Developer agrees at its expense to
. construct, install and perform all work and furnish all materials and equipment in connection
with the installation of the following improvements:
(01) Street grading, stabilizing and bituminous surfacing;
(02) Concrete surmountable curbs and gutters;
(03) Sanitary sewer mains and laterals;
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(04) Storm sewer and surface water drainage facilities;
(05) Municipal water main facilities;
(06) Street name signs and traffic control signs;
(07) Required landscaping
(hereinafter "The Improvements").
It is understood that the City of Chanhassen has agreed to provide sanitary sewer and
municipal water service to the plat pursuant to a development contract between the City of
Chanhassen and the Developer. Prior to application for a building permit, Developer shall
provide the City of Shorewood with satisfactory evidence that all terms and conditions of the
Developer's Contract with the City of Chanhassen have been met and all pertinent fees paid.
All provisions of this agreement relating to sanitary sewer and municipal water mains shall
be subject to approval by the City of Chanhassen.
It is understood that underground utility lines, including gas, electric, and telephone,
shall be installed by the respective private utility companies pursuant to separate agreements
with the Developer.
2.) Preconstruction Meetin~ - Prior to the commencement of construction,
Developer or its engineer shall arrange for a preconstruction meeting to be held at
Chanhassen City Hall. Such meeting shall be coordinated with the City Engineer and the
Chanhassen Engineering Department and shall include all appropriate parties specified by the
City Engineer.
3.) . Standards of Construction - Developer agrees that all of the improvements set
forth in paragraph 1 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 City of Chanhassen 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 and Chanhassen Engineer.
4.) Materials and Labor - All of the materials to be employed in the making of
said improvements and all of the work performed in connection therewith shall be of
uniformly good and workmanlike quality, shall equal or exceed City standards and
specifications, and shall be subject to the inspection and approval of the City. In case any
materials or labor supplied shall be rejected by the City as defective or unsuitable, then such
rejected materials shall be removed and replaced with approved materials, and rejected labor
shall be done anew to the satisfaction and approval of the City at the cost and expense of
Developer.
5.) 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 shall be performed in
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one phase to be completed by July 1, 1994. 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.
6.) Streets. Sanitary Sewer and Storm Sewer Facilities -
(01) Plans and Specifications. The Developer agrees to cause its engineers to
prepare all plans and specifications necessary for the construction of the
Improvements subject to the final approval of the City Engineer. The plans and
specifications prepared by Sathre-Bergquist, Inc., dated 30 April 1993 on file with the
City are incorporated herein and made a part of this Agreement.
(02) As-Built Plan. Within sixty (60) days after the completion of construction,
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.
(03) Easements. Developer, at its expense, shall acquire all easements 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.
(04) Pre-existing Drain Tile. All pre-existing drain tile disturbed by Developer
during construction shall be restored by Developer.
7.) Staking. Surveying and Inspection - It is agreed that the Developer, through
his engineer, shall provide for all staking and surveying for the above-described
improvements. In order to ensure that the completed improvements conform to the approved
plans and specifications, the City will provide for resident inspection as determined necessary
by the City Engineer.
8.) 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 an4 streets within and outside the plat during all phases of
construction. Developer shall keep all streets within the plat free of all dirt and debris
resulting from construction therein by the Developer, its agents or assignees.
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9.) Street Signs - Developer, at its expense, shall provide standard city street
identification signs and traffic control signs in accordance with the Minnesota Manual on
Uniform Traffic Control Devices.
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10.) Access to Residences - Developer shall provide reasonable access, including
installation of all underground utilities and grading of all roadway base material, to all
residences affected by construction until the streets. are accepted by the City.
11.) Occupancy Permits - The City shall not issue a permanent certificate of
occupancy until all Improvements, except the final lift of asphalt, set forth in paragraph 1 are
completed and approved by the City Engineer.
12.) Final Inspection - Upon completion of the Improvements set forth in paragraph
1 above, the City Engineer, the contractor, and the Developer's engineer will make a final
inspection of the work. When the City Engineer is satisfied that all work is completed in
accordance with the approved plans and specifications, and the Developer's engineer has
submitted a written statement attesting to same, the City Engineer shall recommend that the
Improvements by accepted by the City.
13.) Conveyance of Improvements - Upon completion of the installation by
Developer and approval by the City Engineer of the Improvements set forth in paragraph 1
above, the Developer shall convey said improvements to the City free of all liens and
encumbrances and with warranty of title, which shall include copies of all lien waivers.
Should the Developer fail to so convey the Improvements, the same shall become the
property of the City without further notice or action on the part of either party hereto, other
than acceptance by the City.
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14.) Replacement - All work and materials performed and furnished hereunder by
the Developer, its agents and subcontractors, found by the City to be defective within one
year after acceptance by the City, shall be replaced by Developer at Developer's sole
expense. Within a period of thirty (30) days prior to the expiration of the said one-year
period, Developer shall perform a televised inspection of all sanitary sewer lines within the
plat and provide the City with a VHS videotape thereof.
15.) Restoration and 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.
16.) 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 23 below.
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17.) 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
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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.
18.) 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 paragraph 1 above, shall be constructed, installed
and furnished according to the terms of this Agreement, and to ensure that the Developer
submit to the City as-built plans as required in Section 6(02) and that the Developer 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 either a cash deposit or an
irrevocable letter of credit approved by the City in an amount equal to 150 % of the total cost
of said Improvements estimated by the Developer's engineer and approved by the City
Engineer. Said deposit or letter of credit shall remain in effect for a period of one year
following the completion of the required improvements. The deposit or letter of credit may
be reduced in amount at the discretion of the City upon approval or acceptance by the City of
the partially completed Improvements but in no event shall the deposit or letter of credit be
reduced to an amount less than 125 % of the cost of the Improvements to be completed. At
such time as all of the Improvements have been accepted by the City, such deposit or letter
of credit may be replaced by a maintenance bond.
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Note: A separate letter of credit shall be provided to the City of Chanhassen to
guarantee and assure that the improvements listed as (03), (04) and (05) in paragraph 1 above
shall be constructed, installed and furnished in accordance with the requirements of the City
of Chanhassen.
19.) 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 paragraph 1
above, the Developers shall file with the City a certificate of such insurance as will protect
the Developer, his contractors and subcontractors from claims arising under the workers'
compensation laws of the State of Minnesota.
20.) Laws. Ordinances. Regulations and Permits - Developer shall comply with all
laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject
Property and shall secure all permits that may be required by the City of Shorewood, the
State of Minnesota, Watershed Districts, and the Metropolitan Waste Control Commission
before commencing development of the plat.
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21.) Sewer and Water Assessments - Developer agrees to accept and pay all such
charges to the City of Chanhassen in accordance with Chanhassen City Code, together with
all previous assessments against the Subject Property.
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22.) Park Fund Payment - Developer shall, prior to release of the final plat by the
City make a cash payment to the City in the sum of $3750 ($750 X 5 lots) for the Park
Fund.
23.) 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
Jeff Williams
J. Scotty Builders, Inc.
80 West 78th Street
Chanhassen, MN 55317
. 24.) Proof of Title - Developer shall furnish a title opinion or title insurance
commitment addressed to the City guaranteeing 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.
To the Developer:
25.) 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.
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26.) Declaration of Covenants. Conditions and Restrictions - Developer shall
provide a copy of any Declaration of Covenants, Conditions and Restrictions for review and
approval by the City prior to recording.
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27.) Remedies Upon Default-
(01) Assessments. In the event the Developer shall default in the performance of
any of the covenants and agreements herein contained and such default shall not have
been cured within thirty (30) days after receipt by the Developer of written notice
thereof, the City may cause any of the improvements described in paragraph 1 above
to be constructed and installed or may take action to cure such other default and may
cause the entire cost thereof, including all reasonable engineering, legal and
administrative expense incurred by the City to be recovered as a special assessment
under Minnesota Statutes Chapter 429, in which case the Developer agrees to pay the
entire amount of such assessment within thirty (30) days after its adoption. Developer
further agrees that in the event of its failure to pay in full any such special assessment
within the time 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.
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(02) 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 paragraph 1 above.
(b) The cost of curing any other 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.
(03) Legal Proceedings. In addition to the foregoing, the City may institute any
proper action or proceeding at law or at equity to abate violations of this Agreement,
or to prevent use or occupancy of the proposed dwellings.
28.) Headings - Headings at the beginning or 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.
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29.) Severability - In the event any provisions of this Agreement shall be held
invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall
not invalidate or render unenforceable any other provision hereof, and the remaining
provisions shall not in any way be affected or impaired thereby.
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STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this 1!:thday of lU \.1 UI , 1993, before me, a Notary Public within
and for said County, personal~ Brancel and James 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.
i'~. SUSAN A. NICCUM
(~~...1' ~ r~O!Olry Publlc-Minne:::ola
\. ~, Hennepin County
, ..' My. Comm, Exp. 3-15-96
No
l~
STATE OF MINNES T
ss.
COUNTY OF HENNEPIN
On this ,~pfl\ day of ,j~? ~ ' 1993, before me, within and for said
County"pe~son~lyappeared . ~ ~+(('e~ . LJ., \.J'~ \\\d...<<\? . onbehalf of
-,). .?l:.",4t~ B~,IJ.v("') ) Inc:... , wh IS ItS D....Jn.lN.... I ?r~3,dp.ct"' ,
described in d who executed the foregoing instrument and acknowledged that he executed
the same as his free act and deed.
'h~~
,~"-:-'''':-:'''''1;.,,~
THIS INSTRUMENT WAS DRAFTED BY:
;;::'<" SUSAN A. NICCUM
(~~. J;.' 4& Not;;ry Public-Minnesota
\, ~, Hennepin County
, .. .... My Comm. Exp, 3-15-96
Larkin, Hoffman, Daly & Lindgren, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Minneapolis, Minnesota 55431
(TJK)
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Legal Description
The South 540.00 feet of that part of Lot 124, Auditor's Subdivision
No. 120, Hennepin County, Minnesota described as follows: Beginning
at a point on the South line.of said Lot, 180 feet East of the
Southwest co~ner thereof; thence East 228 feet to the Southeast corner
of said Lot; thence deflecting to the left 90 degrees 29 minutes 27
seconds, Northerly, along the East line of said Lot, a distance of 860
feet; thence deflecting to the left 95 degrees 38 minutes 26 seconds
westerly, a distance of 336 feet; thence deflecting to the left 85
degrees 07 minutes 10 seconds Southerly, a distance of 98 feet; thence
deflecting to the left 25 degrees 45 minutes 58 seconds Southeasterly,
a distance of 69 feet; thence deflecting to the right 25 degrees 25
minutes 34 seconds Southerly, a distance of 122 feet1 thence
deflecting to the left 86 degrees 15 minutes 30 seconds Easterly, a
distance of 72 feet; thence deflecting to the right 87 degrees 21
minutes 29 seconds Southerly, a distance of 540 feet to the point of
beginning_
ALSOl
That part of Lot 124, Auditor's Subdivision No. 120,
The West 180 feet of the South 465 feet of said Lot
Subdivision No. 120, Hennepin County, Minnesota.
described as:
124, Auditor's
TOGETHER WITH a perpetual easement for roadway purposes for ingress
and egress, over, under and across the Westerly 50 feet of Lot 4,
Block 1, Terera Acres, according to the duly recorded plat thereof on
file and of record in the oLilce of the County Recorder in and for the
County of Carver, State of Minnesota.
Exhibit A
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ORAINAG[ AND UllUTY EASElAENTS ARE
SHO~ niUS: '
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DEER RIDGE
BEING 10 FEET IN 'MDlli AND ADJOINING
LOT UNES AS SHOWN ON THE PLAT.
o DENOTES IRON MONUMENT
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Exhibit B
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30.) Execution of Counteq>arts - This agreement may be simultaneously executed in
several counterparts, each of which shall be an original, and all of which shall constitute but
one" and the same instrument.
31.) Construction - This Agreement shall be construed in accordance with the laws
of the State of Minnesota.
32.) Successors and Assigns - It is agreed by and between the parties hereto that
the Agreement herein contained shall be binding upon and inure to the benefit of their
respective legal representatives, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year first above written.
DEVELOPER:
J. SCOTTY BUILDERS / \ffl c.. ,
CITY:
CITY OF SHOREWOOD
J.j~ ~,b
By: ~/~.
7;p~
By: ~J/J[A1/ ~-L/
Its: Mayor
ATTEST:
'I Ci I'll
t~1Ai\Y4/ ttMA./VVr1
City /Administrator/Clerk
/
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AGREEMENT
This Agreement, made this l.J.. tl day of ;r., l",
---- ....
, 1993, by
and between the City of Shorewood, a Minnesota municipal
corporation ("Shorewood"), the City of Chanhassen, a Minnesota
municipal corporation, ("Chanhassen") and J. Scotty Builders,
Inc., ("Developer").
.
WHEREAS, the Developer is the owner of certain lands
described in Exhibit 1 attached hereto and made a part hereof,
("Subject Property");
WHEREAS, the Developer has made application to Shorewood for
approval of a subdivision of the Subject Property;
WHEREAS, the Developer and Shorewood have requested that
Chanhassen provide sewer and water services to the Subject
Property. Chanhassen has agreed to permit the Subject Property
to connect to Chanhassen's sewer and water system, all subject to
certain terms and conditions.
NOW, THEREFORE, in consideration of the foregoing premises
and approval by Shorewood of the proposed subdivision, Shorewood,
the Developer and Chanhassen agree as follows:
1. Services Provided. Sanitary sewer, storm sewer and
water services to the Subject Property shall be provided and
maintained by Chanhassen, and Chanhassen shall directly bill the
Shorewood residents for the services. Included in the service
charges will be a surface water utility fee. Shorewood agrees to
promptly certify the fees as a tax against the property if the
. fees are not paid when due.
2. Utility lines. The Developer shall be responsible for
the construction of all utility lines in accordance with
Chanhassen's latest edition of Standard Construction
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14:46
fr612 452 5550
CAMPBELL ~L!SO~ ~~~ ca~~. CITY a~LL ~003/006
~
Specifications. The plans and specifications must be reviewed
and approved by Chanhassen. The Developer shall enter into a
development contract with Chanhassen and provide the financial
security necessary to guarantee installation of the improvements.
3. Construction and Maintenance. The Developer shall be
responsible for all construction costs incurred in connecting the
Subject Property with the Chanhassen sewer line. The Developer
shall be responsible for costs of inspection, trunk charges,
sewer availability charges, connection charges, user charges, and
all other charges and fees which are normally associated with
sewer service provided by Chanhassen.
4. Right to Proceed. Within the plat or land to be
platted, the Develope~ may not grade or otherwise disturb the
earth, remove trees, construct sewer lines, water lines, streets,
utilities, public or private improvements, or any buildings until
the Developer's plans for on-site ponding have been approved by
Chanhassen. Shorewood shall be responsible for the maintenance
and dredging of the pond.
5. Park Dedication. Chanhassenwill not require a park
dedication fee on the Subject Property.
6. Street Constru9tion. A new street will be built by
Developer in a manner consistent with Chanhassen street
standards. The proposed street location is attached as
~xhibit 2. The Developer shall enter into'a development contract
with Chanhassen and Shorewood covering all aspects of stree~
construction as well as drainage improvements for the Subject
Property.
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7. Public Safety and Emeraencv Services. Public safety
and emergency services for the Subject Property will continue to
be provided by Shorewood.
8. Assessments. Each of the lots in the Subject Property
shall be considered as benefitting from and subject to all
assessments for improvements which may be made to Koehnen Circle
at any time in the future. The Developer, its successors and
assigns, waives any and all procedural and substantive objections
to be special assessments, including but not limited to hearing
requirements and any claim that the assessments exceed the
benefit to the property. The Developer waives any appeal rights
available pursuant to M.S.A. 5429.081. If Chanhassen is unable
to assess the Subject Property, or any part thereof, upon
Chanhassen's request, Shorewood shall assess the Subject
Property.
9. Snowolowina. Shorewood shall be respo~sible for
snowplowing Koehnen Circle and the new street.
10. Maintenance of New Street. Chanhassen shall maintain
Koehnen Circle and the new utilities serving the Subject
Property. Shorewood shall maintain the new street. "Maintain"
for purposes of this section means repair and replacement of the
existing surface when necessary, as well as regular upkeep.
11. Maximum Number of Lots. The maximum number of lots
that may be developed on the Subject Property is five (5).
12. Recordation. This Agreement shall be recorded against
the Subject Property.
13. Sunset Provision. If the Developer has not obtained
all the necessary plan approvals from Chanhassen within two (2)
3
.
.
.
,
.
years from the date of this Agreement, this Agreement shall be
null and void.
IN WITNESS WHEREOF, the parties hereto have caused these
present to be executed on the day and year first above written.
Dated: ~~ .:2(,/ /'11;3
STATE OF MINNESOTA )
~)ss.
COUNTY OF S~KOTA )
CITY OF CHANHASSEN
By:rJ&d~~ ~
The fore oing instrument was acknowledged before me this
~~ day of , 1993, by Donald J. Chmiel, on behalf of
the ;::=_.:::.~__,~~_~~._+
: SJ~~'" NofAAR~E~JBG~~~~AN~WOTA I N~ry ~l ic..J .
I "~ CARVER COUNTY ,
,.- ' My COalflllSSlon Expires OCT. 16. 1997 ,
Datetr:~,.j-C;T17~--+
By:
STATE OF MIpNESOTA )
~)ss.
COUNTY OF &A.KOl'A )
~ The fore oin instrument was
~t? day of ., 1993, by
C it y ~i...f.h.s...rW ~,~,_,_,_,_,_.+
, G'" KAREN J. ENGELHARDT I
t ~~' ":. NOTA~~~~~O~~~~ESOTA I
t r. My COOlmlsSlOn Expires OCT 16. 1997 ,
Dated;~-'-'-'"
By:
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
41'\ .ot f'(jThe fore
~ day of
behalf of the
instrument was a
, 1993, by
of Shorewood.
/'~;:;':::-;'" SUSAN A. NICCUM
i~"I'\l'i Notary Publlc.Minnesota
\, (f Hennepin County
.... My Comm. Exp. 3-15-96
CITY OF CHANHASSEN
&~
Don Ashwo ,City Manager
acknowledged before me this
Don Ashworth, on behalf of the
~
CITY OF SHOREWOOD
MfNt! ffi~~~Lor
, on
4
I'
.
.
. . .
,
Dated:
By:
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
-
CITY OF SHOREWOOD
r'~(~.
City Clerk
instrument was ac nowledged before me this
, 1993, by , on
of Shorewood.
..,~;;..~. SUSAN A. NICCUM
!~~. ..!.' ~ Notllry PubUc-Minnesola
..... ~, Henne;lIn County
. ... My Comm. Exp. 3-15-95
Developer:
STATE OF MINNESOTA )
f' A .. 1.1. I.. , ) s s .
COUNTY OF ~~~ )
:~i,/ili?
~~ The foregoing instrument was acknowledg~d be~or~ me this
~ day of ~ . 199}. by ~ .1.. -u.JL~ . on
behalf of J. ot Builders. In~~
. ~ary ~litJ
+.....-.,--.......-..-..--~..-.,---..-......,--.....+
, fiJ' KAREN J. ENGELHARDT ,
t ~'. NOTARY PUBLIC-MINNESOTA ,
f . ~. CARVER COUNTY ,
M~ Cor:nmI5&lon Explre$ OCT 16. 1997 i
+ ~'-''''''-''~I- _~.........-..-,.-.....+
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
317 Eagandale Office Center
1380 Corporate Center CUrve
Eagan, MN 55121
Telephone: (612) 452-5000
5