91-104
RESOLUTION NO. 104 - 9 1
.
A RESOLUTION APPROVING THE PLAT OF
THOMPSON MANOR ADDITION
WHEREAS, the final plat of Thompson Manor 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 Thompson Manor 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
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 30th day of
September, 1991.
ATTEST:
B
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Date:
30 september 1991
CERTIFICATION
STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
I, James C. Hurm, duly appointed City Administrator/Clerk of the
City of Shorewood, Hennepin County, Minnesota, do hereby certify
that the foregoing resolution is a true and correct copy of a
resolution adopted by the Council of the City of Shorewood and is
so recorded in the minutes of a meeting held on the 30th day of
September. 1991.
~
Ja s C. Hurm
ci Administrator/Clerk
.
8/21/91
CITY OF SHOREWOOD
RESIDENTIAL SUBDIVISION DEVELOPMENT AGREEMENT
THOMPSON MANOR ADDITION
THIS AGREEMENT, made this 30th day of September, 1991, by
and between the CITY OF SHOREWOOD, a Minnesota municipal
corporation, hereinafter referred to as the "City", and
Charles P. Thompson, hereinafter referred to as the
"Developer".
WHEREAS, the Developer is the fee owner of certain land
described in Exhibit A, attached hereto and made a part
hereof, which land is 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 said land,
said plat to contain approximately 3.4 acres divided into
3 lots, and to be known as Thompson Manor Addition; and
.
WHEREAS, the City Council by its Resolution No. 59-91
passed on June 10, 1991, has approved the preliminary plat
of the subject property; and
WHEREAS, the Developer has made application to the
City to be allowed at Developer's expense to construct a
private street and cul-de-sac, and underground electric, gas
and telephone service lines to all lots, 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
Thompson Manor Addition, attached hereto and made a part
hereof as Exhibit B, the City and the Developer agree as
follows:
1. IMPROVEMENTS INSTALLED BY DEVELOPER. Developer agrees
at his expense to construct, install and perform all work
and furnish all materials and equipment in connection with
the installation of a private street and cul-de-sac,
including grading, stabilizing and surfacing consisting of
6" class 5 base 100% crushed quarry stone.
.
.
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. SCHEDULE OF WORK. All work set forth in paragraph 1
herein shall be performed within one year from the date
hereof or prior to the issuance of building permits for
lots 1 and 3, whichever first occurs.
3. PRIVATE STREET.
a. Private Street and Cul-De-Sac. It is understood
that although the private street and cul-de-sac may be
partially over platted public street right-of-way, it shall
be maintained solely by the Developer or his successors in
interest, including the appropriate homeowners association
and will not be accepted or maintained by the City until
such time as it is brought up to City standards for public
streets.
.
b. Easements. Developer, at his expense, shall acquire
all easements from abutting property owners necessary to the
installation of the private street and record such easements
with the Registrar of Titles or County Recorder.
c. Pre-existinq Drain Tile. All pre-existing drain
tile disturbed by Developer during construction shall be
restored by Developer.
4. FINAL INSPECTION. Upon completion of the private street
and cul-de-sac 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 has been 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 give final
approval to the improvement.
.
s. 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.
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6. 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 12 below. All costs charged
to the Developer shall be itemized identifying person, task,
time, date, and at-cost rate.
.
7. 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
approval 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 approved by the City, such letter of credit may be
replaced by a maintenance bond.
8. 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.
.
-3-
.
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.
9. 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, and the
Minnehaha Creek Watershed District before commencing
development of the plat.
10. SEWER ASSESSMENTS. The original assessments against
the property for sanitary sewer were for 3 "C" units, in the
amount of $6,956, which amount has been paid in full. No
additional sums are due as a result of this subdivision.
.
11. PARK FUND PAYMENT. Developer shall, at the time that
final plat is approved, make a cash payment to the City in
the sum of $1,500.00 for the Park Fund.
12. 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, MN 55331
To the Developer:
Charles P. Thompson
5260 St. Albans Bay Road
Shorewood, MN 55331
.
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13. PROOF OF TITLE. Developer shall furnish a title
opinion or title insurance policy addressed to the City
guaranteeing that Developer is fee owner of 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.
14. 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.
.
15. DURATION OF AGREEMENT. This Agreement shall remain in
effect for a period of one year following the City
Engineer's approval of the improvements set forth in
paragraph 1.
16. REMEDIES UPON DEFAULT.
a. 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
.
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.
assessment within the time prescribed herein, the City
hall 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.
b. Performance Guarantv. 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:
.
(1) the cost of completing the construction of the
improvements described in Paragraph 1 above.
(2) the cost of curing any other default by the
Developer in the performance of any of the covenants and
agreements contained herein.
(3) the cost of reasonable engineering, legal and
administrative expenses incurred by the City in
enforcing and administering this Agreement.
c. Leqal Proceedinqs. 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.
17. 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.
18. 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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.
19. 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.
20. CONSTRUCTION. This Agreement shall be construed in
accordance with the laws of the State of Minnesota.
21. 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.
CITY OF SHOREWOOD
.
~m-A/~
CHARLES P. THOMPSO
Developer
~L
C. HURM
Administrator/Clerk
.
-7-
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STATE OF MINNESOTA
ss
COUNTY OF HENNEPIN
On this .:/Q:/L day of ~ .I, 1991, hefore me, a
Notary Public within and' f r said County, personally
appeared Barbara J. Brancel and James C. Hurm, to me
personally known, who, being each by me duly sworn, did say
that they are respectively the Mayor and City
Administrator/Clerk of the municipal corporation named in
the foregoing instrument, and that said instrument was
signed and sealed in behalf of said corporation by authority
of its City Council, and said Barbara J. Brancel and
James C. Hurm acknowledged said instrument to be the free
act and deed of said corporation.
@,'?""-":SUSANA.NICCUM
I J.I Notary PubllC.Minnesota
~ Hennepin County
My Comm. Exp. 3-15-96
~ ~ 0
tlIJCt j ~l~JJJYf)
. Notary Public
.
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
On this/7l;{day of ~~ 1991, before me,
within and for said Count , personally appeared
Charles P. Thompson, to me personally known, who is the
person described in and who executed the foregoing
instrument and acknowledged that he executed the same as his
free act and deed.
~J ~rVJf7~
Notary Public
8~ GAIL THOMPSON MOSlEY
NarNlfPI&IC.... (IOTA
H9Ie9t ccunv
.., Coil. . . I. J.L l ~ It, t_
.
-8-
.
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
Lot 6, St. Albans Bay Heights, Hennepin County,
Minnesota, according to the plat thereof on file or
of record in the office of the Registrar of Titles
in and for said County.
Lot 7, St. Albans Bay Heights, Hennepin County,
Minnesota.
.
.
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