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Residential Subdivision Development Agmt - Shorewood Suburban Estates . , . . . ... '2. A \992 J~~ CITY OF SHOREWOOD RESIDENTIAL SUBDIVISION DEVELOPMENT AGREEMENT SHOREWOOD SUBURBAN ESTATES THIS AGREEMENT, made this (pl/jday Of\~1jC'7 ' 1992, by and between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the "City", and CITYWIDE DEVELOPMENT, INC., a Minnesota Corporation, hereinafter referred to as the "Developer." WHEREAS, the Developer is the fee owner in certain lands 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 11.38 acres divided into 11 lots, and to be known as SHOREWOOD SUBURBAN ESTATES, and WHEREAS, the City Council by its resolutions passed on August 13, 1990, has approved the preliminary plat of the subject property; 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 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 to all lots within the plat approved by the City, all of the foregoing hereinafter sometimes referred to as improvements. NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the final plat of SHOREWOOD SUBURBAN ESTATES, 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; (04) Storm sewer and surface water drainage facilities; (05) Street name signs and traffic control signs; (06) Required landscaping. It is understood that underground utility lines, including gas, electric, and telephone, shall be installed by the respective private utility companies pursuant to separate agreements with the Developer. 2.) 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. . 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 31 July 1992. It is further understood and agreed that the existing out-building on lot 5 will be removed by Developer within 6 months and prior to conveyance of the lot. 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. 2 . : 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 installation of sanitary sewer, storm sewer and surface water drainage facilities in said plat, and streets, curb and gutter and watermains within and outside of the plat, street identification signs and traffic control signs, said plans and specifications to be subject to the final approval of the City Engineer. (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 foregoing facilities within the plat. Failure to file said "as-built" plans within said sixty (60) day period shall suspend the issuance of building permits 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 preexisting drain tile disturbed by Developer during construction shall be restored by Developer. (05) Metropolitan Waste Control Commission (MWCC). The plat contemplates a sanitary sewer lateral line to tap into the MWCC sewer line located in Strawberry Lane at Strawberry Court. Developer shall obtain all necessary permits from MWCC for such tap. 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. . 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 the plat free of all dirt and debris resulting from construction therein by the Developer, its agents or assignees. 3 . F . 9.) Street Siqns - 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 temporary grading and graveling, to all residences under construction in the plat until the streets are accepted by the City. 11.) Occupancy Permits - The occupancy of any new structure on any lot within said plat shall be prohibited by the City until the streets shall have been graded and surfaced with class 5-100% crushed material and municipal sanitary sewer lines shall have been installed and are available to serve the lot for which occupancy has been requested. 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 be 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 said improvements, the same shall become the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. 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 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. 4. . . . 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. All costs charged to the Developer shall be itemized identifying person, task, time, date, and at-cost rate. 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.) 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 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 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 said deposit or letter of credit may be reduced in amount at the discretion of the City upon acceptance by the City of the various individual improvements but in no event shall such letter of credit be reduced to an amount less than 100% of the total cost of said improvements. At such time as all of the improvements have been accepted by the City, such letter of credit may be replaced by a maintenance bond. 19.) Liability Insurance - The Developer shall take out and maintain during the life of this agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors, or by one directly or indirectly employed by any of them. This insurance policy shall be a single limit public liability insurance policy in the amount of $1,000,000.00. The City shall be named as 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 5. . 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, the Minnehaha Creek Watershed District, and the Metropolitan Waste Control Commission before commencing development of the plat. 21.) Sewer Assessments - The original assessments against the property for sanitary sewer are in the amount of $4677.00, of which $ -0- remains unpaid. Developer acknowledges that as a newly platted development of 11 lots, additional sums may be assessed against the property as equalization 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 property, provided full credit is given to the Developer for all prior payments made by the Developer or its predecessor on account of said assessments. A schedule of such charges is set forth in Exhibit C, attached hereto and made a part hereof. . 22.) Park Fund Payment - Developer shall, at the time that final plat is approved, make a cash payment to the City in the sum of $8250.00 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 OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331 To the Developer: NORTH SUBURBAN DEVELOPMENT, INC. P.O. Box 34004 Blaine, MN 55434 . 24.) Proof of Title - Developer shall furnish a title opinion or title insurance commitment addressed to the City guaranteeing that Developer in fact has a legal right to become fee owner of the property upon exercise of certain rights and to enter upon the same for the purpose of developing the property. 6 . . 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. 25.) Disclaimer by City - It is 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; and that the Developer will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements, and expenses of defending the same. . 26.) Declaration of Covenants, Conditions and Restrictions - Developer shall provide a copy of the Declaration of Covenants, Conditions and Restrictions, which Declaration shall include the City as a signatory thereto, for review and approval by the City prior to recording. Such Declaration shall provide that the owners of Lots 1 and 11 shall be responsible for the maintenance of the drainage ponds located thereon, and that such ponds may not be fenced in or enclosed. 27.) Duration of Agreement - This Agreement shall remain in effect until one year following the City's acceptance of the improvements. 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, if it so elects, 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 7. . 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. 29.) 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. 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 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. . 32.) Construction - This Agreement shall be construed in accordance with the laws of the State of Minnesota. 8 . . . . 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. CITYWIDE DEVELOPMENT, INC BY:~ 81'~A- Andrew P. Koclscak Its: President CITY OF SHOREWOOD By: &aJ~~ arbara J. rancel Its: Mayor Ja s C. Hurm Ci Administrator/Clerk STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this ~ day of ~(cl~~, 1992, before me, a Notary Public within and for said Coun , personally appeared Barbara 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 Barbara Brancel and James C. Hurm acknowledged said instrument to be the free act and deed of said corR~~~-A~;-l ~(,lIARY PUBLIC..,.MINNESOYA U O#r-;.-;; J. A , HENNEPIN COUNTY ~ V./ ~ u_ ':__~.".:"~i~~~~~_'.:'~!7_ NO~arY Public - ~ ___...,.",..,___ _ ___ _ __ __w_ ___, STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this ~~ day of ~~V~~ 1992, before me, within and for said County, personally app red Andrew P. Kociscak, on behalf of CITYWIDE DEVELOPMENT, INC., who is its president, described in and who executed the foregoing instrument and acknowledged that he executed the (Ls.a m as _h~iS f&ree ~act and deed. ~ ANNE p. LATTER ~ t:j()IARY PUBLJC..,.MINNESOI~ .... 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EXHIBIT C SEWER EQUALIZATION CHARGE SHOREWOOD SUBURBAN ESTATES Original Assessments: Equalization Cost: 11 lots x $400.00 D unit credit Interest Charge (7% x 20 years) Total Additional Equalization Charge $4400.00 -1000.00 $3400.00 $4760.00 $8160.00