92-066
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fiLE COpy
RESOLUTION NO. 66-92
A RESOLUTION APPROVING THE FINAL PLAT OF
BOULDER RIDGE ESTATES
WHEREAS, the fmal plat of Boulder Ridge Estates 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 Boulder Ridge Estates 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
July, 1992.
~4~~~LJjJ
BARBARA J. B ~, Mayor
ATTEST:
C.HURM
Administrator/ Clerk
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CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
BOULDER RIDGE ESTATES
THIS AGREEMENT, made this J..ft-'1L, day of ~
1993, by and between the CITY OF SHOREWOOD, a Minnesota municipal
corporation, hereinafter referred to as the "City," and L & M
properties, a Minnesota corporation, 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, 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 18.36 acres divided into 13 lots to
be known as Boulder Ridge Estates (the Development); and
WHEREAS, the City Council by its Resolution No. 37-92 adopted
on April 27, 1992, 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. 66-92 adopted
July 13, 1992, 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, 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 Boulder Ridge
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;
tit (02) Concrete surmountable curbs and gutters;
(03) Sanitary sewer mains and laterals;
(04) Storm sewer and surface water drainage facilities;
(05) Traffic control signs;
(06) Required landscaping
(hereinafter "The Improvements").
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 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 -
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(01) Plans and Specifications. The Developer agrees to
cause its engineers to prepare all plans and specifications
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necessary for the construction of the Improvements subject to
the final approval of the City Engineer. The plans and
specifications prepared by Advance Surveying & Engineering,
dated September 17, 1992 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-existinq Drain Tile. All preexisting drain tile
disturbed by Developer during construction shall be restored
by Developer.
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7.) Stakinq. 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. Drainaqe. 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.
9.) 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.
10.) 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.
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11.) 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.
12.) 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.
13.) 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.
14.) 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.
15.) 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 22 below.
16.) 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.
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17.) Surety for Imorovements - 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.
18.) 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.
19.) 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.
20.) Sewer Assessments"- The original assessments against
the property for sanitary sewer are in the amount of $10,689.50,
of which $468.76 (certified to 1992 property taxes) remains
unpaid. Developer shall pay $1000 per lot ($11,000) for local
sanitary sewer access charges pursuant to Shorewood City Code.
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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.
21.) 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 $8,250 ($750 X 11 lots) for the Park Fund.
22.) 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:
L & M Properties
953 Mississippi Street
Fridley, Minnesota 55432
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23.) 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.
24.) 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
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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.
25.) 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.
26.) 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.
(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.
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(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.
27.) 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.
28.) 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.
29.) 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.
30.) Construction - This Agreement shall be construed in
accordance with the laws of the State of Minnesota.
31.) 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:
L & M PROPERTIES
CITY OF SHOREWOOD
gU67f PHI
By: .t~P&/L:i/~
Its:
By:
Its: Mayor
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STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this ~day of ~l ,1993, before me, a Notary
Public within and for sai County, personally appeared 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.
L~~
~.''''''."Cor__..
l.' ANNE p. LATTER i
\i.lOIARY PUBLlC-MINNESOIA
HENNEPIN COUNTY
My ~~i~~n_ e~~r~s _ ~1~.~7_
~~~---.,------------...
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
Notary Public
On. this ..Jt:..~tLday of <~ ' 1993,;;before r,ne" within and
for sald County" I?rrsonal~ appeared ,f,,-~ (Ykl~~ . on
behalf of ~1rrl l~q/~-, , who lS ltS ~.1LA!,,-uL
described in and wh executed the foregoing instrument and
acknowled ed ed the same as his free act and deed.
\ ANNE p. LATTER /) /1).) P -n: .
tllOIARYPU8LIC:~MINMISOIA ~ V.c/1~
~ Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Larkin, Hoffman, Daly & Lindgren, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Minneapolis, Minnesota 55431
(TJK)
TJK:IE1s
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LEGAL DESCRIPTION
"Outlots A and B, Oak Ridge Estates Third Addition, according to the recorded plat thereof;
and
Lot 1 and 2, Block 2, Oak Ridge Estates Third Addition, according to the recorded plat
thereof; and
street right-of-way to be vacated, described as:
That part of Noble Road as platted in Oak Ridge Estates .Third Addition, Hennepin
County, Minnesota which lies southerly from the following described curved line:
Commencing at the northeast comer of Lot 3, Block 2, Oak Ridge Estates
Third Addition; thence on an assumed bearing of West along the north line of
said Lot 3 a distance of 109.02 feet to the point of beginning of the line to be
described; thence on a tangential curve, concave to the northeast, and having a
central angle of 36 degrees 06 minutes 30 seconds and a radius of 192.33 feet,
an arc distance of 121.21 feet to the northeast comer of Lot 1 of said Block 2
and there terminating.
and
That part of Noble Road as platted in Oak Ridge Estates Third Addition, Hennepin
County, Minnesota which lies northerly from the following described curved line:
Commencing at the southeast comer of Lot 2, Block 1, Oak Ridge Estates
Third Addition, Hennepin County, Minnesota; thence on an assumed bearing
of West along the south line of said Lot 2 a distance of 153.15 feet to the
point of beginning of the line to be described; thence on a tangential curve,
concave to the north~st, and having a central angle of 36 degrees 06 minutes
30 seconds and a radius of 142.33 feet, an arc distance of 89.70 feet to a point
on the south line of Lot I of said Block 1 and there terminating. "
Exhibit A
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DIlAI......E A..l1T1UTY
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SeAL-I: 'N
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o DENOTES I"DH MOfIUMEHT
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AN AlISUMI:D DATUM
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AND M.JOIMIN. L.OT L.INES
ANO AIGNTOFWAY LINDAS
INDICATED ON "!'ME PL-AT.
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Exhibit B
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SCHEDULE OF SEWER CHARGES
Original Assessments:
Lot 1, Block 2, Oak Ridge Estates
Third addition
$
943.75
Lot 2, Block 2, Oak Ridge Estates
Third Addition
943.75
Outlot A, Oak Ridge Estates
Third Addition
- 0 -
Outlot B, Oak Ridge Estates
Third Addition
8802.00
Total Original Assessments:
$ 10,689.50
Total Unpaid Assessment:*
$
468.76*
Local Sanitary Sewer Access Charges:
$ 11,000.00
11 lots x $1000
* Certified to 1992 taxes
Exhibit C