Loading...
93-076 r . - I I , " RESOLUTION NO. 93-76 A RESOLUTION APPROVING THE FINAL PLAT OF BATESON WILSON ADDITION WHEREAS, the final plat of Bateson Wilson Addition has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the plat of Bateson Wilson Addition is hereby approved. 2. That the approval is specifically conditioned upon the terms and conditions contained in the Development Agreement attached hereto and made a part thereof. 3. That the Mayor and City Administrator/Clerk are authorized to execute the Certificate of Approval for the plat and the said Development Agreement on behalf of the City Council. 4. That this final plat shall be filed and recorded within 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 Administrator/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 Cod.e. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of September, 1993. ATTEST: ~ . . . RESOLUTION NO. 93-76 A RESOLUTION APPROVING THE FINAL PLAT OF BATESON WILSON ADDmON WHEREAS, the final plat of Bateson Wilson Addition has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the plat of Bateson Wilson Addition is hereby approved. 2. That the approval is specifically conditioned upon the terms and conditions contained in the Development Agreement attached hereto and made a part thereof. 3. That the Mayor and City Administrator/Clerk are authorized to execute the Certificate of Approval for the plat and the said Development Agreement on behalf of the City Council. 4. That this final plat shall be filed and recorded within 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 Administrator/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 13th day of September, 1993. tbb~Wl; Rob Daughe , Acting Mayor ATTEST: (I J~~~ t \hv"VVv'\ JAt'1IES C. HURM Ci~ Administrator/Clerk . . . . . CITY OF SHOREWOOD DEVELOPMENT AGREEMENT BATESON WILSON ADDmON THIS AGREEMENT, made this 30 ft,day of J,~---#r1.-/ , 1993, by and between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the "City", and Rick Bateson, 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 .59 acres divided into four lots, to be known as Bateson Wilson Addition (the Development); and WHEREAS, the City Council by its Resolution No. 53-93 adopted on 24 May 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. 93-76 adopted 13 September 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 Bateson Wilson Addition, 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; (04) Storm sewer and surface water drainage facilities; (05) Street name signs and traffic control signs; (06) Required landscaping (hereinafter "The Improvements"). 2.) Preconstruction Meeting - Prior to the commencement of construction, Developer or its engineer shall arrange for a preconstruction 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. 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 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. . 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 one phase to be completed by 1 September, 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 Coffin and Gronberg, Inc., dated 5 August 1993 on file . with the City are incorporated herein and made a part of this Agreement. - 2 - . . . . . (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 and streets within and outside the plat during all phases of construction. Developer shall keep all streets within, and adjacent to, the plat free of all dirt and debris resulting from construction therein by the Developer, its agents or assignees. 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. 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 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 - At the written request of the Developer, and 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 - 3 - . and specifications, and the Developer's engineer has submitted a written statement attesting to same, the City Engineer shall recommend that the Improvements be accepted by the City. 13.) Conveyance of Improvements - At the written request of the Developer and 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. 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 24 below. 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 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 . - 4 - . . . 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. 19.) Alternative Security Agreement - In lieu of the letter of credit or cash deposit required by Paragraph 18 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. 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. 20.) 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. 21.) 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. - 5 - . 22.) Sewer Assessments - Developer shall pay $1000 per lot ($4000) for local sanitary sewer access charges pursuant to Shorewood City Code. Developer agrees to accept and pay all such charges to the City in accordance with Shorewood City Code, together with all previous assessments against the Subject Property. 23.) 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 $3000 ($750 X 4 lots). for the Park Fund. 24.) 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 . To the Developer: Rick Bateson 17724 Excelsior Boulevard Minnetonka, Minnesota 55345 25.) 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. 26.) Indemnification - The Developer shall hold the City harmless from and indemnify the City against any and allliability, 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 . - 6 - . 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. 27.) 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. 28.) 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 I 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. (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. - 7 - . 29.) 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. 30.) 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. 31.) Execution of CbunteqJarts - 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. 32.) Construction - This Agreement shall be construed in accordance with the laws of the State of Minnesota. 33.) 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: CITY: RICK BATESON CITY OF SHOREWOOD ~ ...-~~., By: ~~1r ~~dJ I Its: ayor I City . - 8 - . . . . " STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On thi~ ?IJ'!;b day of ~~-#' /1'~r; 1993, before me, a Notary Public within and for said County, personally app ed Barbara 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. t1.~dl~IE~\ Theresa L. Naab ~ ~1~.. _. ~ Notary Public-Minnesola t}~W Hennepin County ~'IIU." o' ionExp.1-31.oo +~~~d- Notary Public ss. COUNTY OF HENNEPIN On this Whday of Sfp7ErnbeJL , 1993, before me, within and for said County, personally appeared Rick Bateson described in and who executed the foregoing instrument and acknowledged that he execU-1ted the same ailAs his free act ~d deed. /~~.~ SUSAN A. NICCUM ! (\" N\ "'" L ^ ~ (~'1.Wi fJOIO:ry PubUC-Mir:r.:oso!a .oU',U U . J 1 \...:..!, \" ft~' Hennepin County Notary Public My Comm. Exp. 3-15-96 THIS INSTRUMENT WAS DRAFTED BY: Larkin, Hoffman, Daly & Lindgren, Ltd. 1500 Norwest Financial Center 7900 Xerxes A venue South Minneapolis, Minnesota 55431 (TJK) - 9 - . ~ . LEGAL DESCRIPTION . "Lot 86, Auditor's Subdivision Number 135, Hennepin County, Minnesota, EXCEPT that part of Lot 86 described as follows: Beginning at a point distant 377.00 feet East of the Northwest corner of said Lot 86; thence on an assumed bearing of West along the North line of said Lot 86 to said Northwest corner; thence southwesterly along the Northwesterly line of said Lot 86 a distance of 242.00 feet; thence South 62 degrees 13 minutes East to its intersection with a line drawn on a bearing of South 27 degrees 47 minutes West from a point on a line drawn on a bearing of South from the point of beginning and distant 78.00 feet from said point of beginning; thence North 27 degrees 47 minutes East to said point; thence on a bearing of North to the point of beginning, ALSO EXCEPT that part of Lot 86 described as follows: Beginning at a point on a line drawn on a bearing of South a distance of 78.00 feet from a point on . the North line of said Lot 86 distant 377.00 feet East from the northwest corner of said Lot 86; thence on a bearing of North a distance of 78.00 feet; thence on bearing of East a distance of 129.82 feet; thence South 5 degrees 46 minutes 30 seconds West a distance of 68.09 feet; thence South 40 degrees West a distance of 245.00 feet; thence on a bearing of West to a line drawn on a bearing of South 27 degrees 47 minutes West from the point of beginning; thence North 27 degrees 47 minutes East to the point of beginning, ALSO EXCEPT that part of Lot 86 described as follows: Beginning at the most northeasterly corner of said Lot 86; thence southerly along an easterly line of said Lot 86 a distance of 355.00 feet; thence westparallel with the most northerly line of said Lot 86 a distance of 54.00 feet; thence northerly parallel with the most easterly line of said Lot 86 a distance of 100.00 feet; thence northerly, deflecting right 27 degrees a distance of 72.00 feet; thence northeasterly to a point on said most northerly line of said Lot 86 distant 1.00 feet westerly of said most northeasterly corner of Lot 86; thence easterly to the point of beginning, ALSO EXCEPT the most northerly 18.00 feet of the above described property." P .I.N 34-117-23-43-0025 . Exhibit A ) .. BATESON WIL'SON ADDITION ~UR~~~~ ~~~~~7 /~---rw;;;---?7.'?o--- -"',.~__ l ~ . :...)J!'! CQ""~r": J ~ !.'2~~ /Z~.eZ ~~---;-~- '" ';'bl86 '.../JtJrlhlintto{ 81 ~ .. :051 -,' LAt d4 ~. l'./J :0.21, ;~.,;Y~ ""~ r .Y:<: ~! .-1~ ~ ~l \(\ "" ~~ ~ . / $I Cy ~ , ,I / '--- ~ ,I """ ~ -l- ~ / / I / , . ~~- ~' l / // /oJ' / / .....'<W'f{ line of !Dt 'ab .I , " .,'. " ",,,' / ..". .I ... . .-. . ',' ~ ":'3 I\\. : ". ;~\ '\ ~ \ i" \ }:-dt,-~ ! \ I J I ~ :\ ~ \ I L__J "" -2J '" '" ":; <:> ..., ~ ^ I) "t j:'"'. r.1 eo:sr ~ C j::- C ..-- r ~ J "v \ S\ \. \ I /' C(> _.._..... , \-:iF" ~.... --.......- -' --...- .. ~oo .5c.ale. In led o Denote.s ,ran monumenr '&I.m~ ~ow" Ore. W5ed "pan on assumed dafurn. IJ.. 1__' I) 5~) 13. i\j () 1-' ,- I.) ...1 ------ ----- ) I / ~ 'J /) I , Sf II' '-' '::. / I / / ,"" I .;: tt" / .,' , )- ~ a: a: ~ :=;: 8 ~ :<J ~ i!l ., VI '-;------ So I- a: ~ o U JC .... .... ~ ..A,.,Easi~"... :ct'i.J>~& ' .. f" ~..:- , ~i '" ~I I i I a 1'-" ,'" (' /1- ... ::) . ~p:f":1ifi;iw:oor . E:~.~:~ .':f1t!ci. J.... Line /Q~/I~ _0 ~~~ '.~ 1/ :'r ol1;-ftt I . $0 S~". 6<. . C,,; o 51a..-e 4 0..- NeSr "I!.ec Exhibit B <l ~ :'-' ~ '" ~ ." ". ".co" . >old! a ~ l<J .~ ~ ., ."