91-052
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5/20/91
RESOLUTION NO. 52-91
A RESOLUTION APPROVING THE PLAT OF
WATERFORD 3RD ADDITION
WHEREAS, the final plat of Waterford 3rd 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 Waterford 3rd Addition is hereby approved.
2. T hat the approval is specifically conditioned upon the terms and
conditions contained in the Planned Unit Development Agreement for Waterford
Phase 3, attached hereto and made a part hereof.
3. That the Mayor and City Clerk are hereby authorized to execute
the Certificate of Approval for the plat and the said Planned Unit
Development Agreement on behalf of the City Council.
4. That the final plat, together with this resolution and the
Planned Unit Development Agreement attached thereto, shall be filed and
recorded within thirty (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 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
28th day of May, 1991.
CITY OF SHOREWOOD this ,
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arbara ~/ Brancel, Mayor
ATTEST~ t ~I
, . #Wd L- pwYtn
James C . H urm
City Administrator/Clerk
Roll Call Vote:
A yes -
Nays -
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Draft 5/28/91
CITY OF SHORE WOOD
PLANNED UNIT DEVELOPMENT AGREEMENT
WATERFORD PHASE 3
THIS AGREEMENT, made this 30th day of May, 1991, by and between the
CITY OF SHOREWOOD, a municipal corporation, hereinafter referred to as the
"City", and TRIVESCO, a Minnesota general partnership consisting of Steiner
and Koppelman, Inc., Robert H. Mason, Inc., and Highland Properties, Inc.,
hereinafter referred to as the "Developer".
WHEREAS, the Developer is the fee owner of certain lands described
in Exhibit A attached hereto and made a part hereof, which lands are
hereinafter referred to as "the Property"; and
WHEREAS, the Property was included as part of a Planned Unit
Development known as Waterford, to be developed in phases pursuant to the
Amended Development Agreement dated August 12, 1985, between the City and the
Developer; and
WHEREAS, development of Phase 1 and Phase 2 of Waterford has since
been completed; and
WHEREAS, the City Council, by Resolution No. 99-89, passed November
20, 1989, granted development stage approval for Waterford Phase 3, and
preliminary plat approval for a plat of the Property, said plat to be known
as "Waterford 3rd Addition"; and
WHEREAS, the City Council, by Resolution No. 100-90, passed
September 10, 1990, approved a revised preliminary plat for "Waterford 3rd
Addition" and development stage plan for Waterford Phase 3, which plan is
attached hereto as Exhibit B; and
WHEREAS, the City and the Developer entered into a Contract for Tax
Increment Finance Development on March 6, 1991, whereby the Developer agreed
to construct the development called Waterford Phase Three, hereinafter
referred to as the "Project", comprising residential and commercial
development, including the construction of at least 32,000 square feet of
retail/office space on the Property and all necessary public improvements
associated with the project, pursuant to a Planned Unit Development Agreement
to be executed by the parties; and
WHEREAS, by action of the City Council taken on April 8, 1991, the
deadline for submitting the final plat of "Waterford 3rd Addition", was
extended to April 30, 1991; said plat has been duly submitted; and
WHEREAS, it is the intent of the parties that the Project be
completed in stages, commencing with the construction of a two-family
dwelling in the residential portion to be followed by further construction in
the residential and commercial portions of the project; and
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WHEREAS, the Developer has filed with the City the Final Plat for
"Waterford 3rd Addition," which constitutes the first stage of the Project,
a copy of which plat is attached hereto and made a part hereof as Exhibit C;
and
WHEREAS, the Developer has filed with the City a grading, drainage
and erosion control plan for the Project, a copy of which plan is attached
hereto and made a part hereof as Exhibit D; and
WHEREAS, the Developer has filed with the City a utility plan for
the Project, a copy of which plan is attached hereto and made a part hereof
as Exhibit E, and.
WHEREAS, the Developer has filed with the City building elevation
plans for the Project, copies of which plans are attached hereto and made a
part hereof as Exhibit F.
NOW, THEREFORE, in consideration of the foregoing premises and
acceptance by the City of the final plat for the first stage of the Project,
which plat is known as "Waterford 3rd Addition", the City and the Developer
agree as follows:
1. LAND USE:
A. Residential. The residential portion of the Project has been
approved for 54 two-family dwelling units (27 buildings), plus
community recreational facilities. Development of the
residential portion of the Project is subject to the following
conditions:
(1) The design of the buildings shall be consistent with the
character and quality of those approved in the Development
stage of the P.U.D. as set forth in Exhibit F.
(2) Minimum setbacks (for all structures) shall be as follows:
(a) Front:
(b) Rear:
( c ) Side:
(d) Side yard abutting a street:
30 feet
30 feet
10 feet
30 feet
(3) Maximum building height shall be two and one-half stories
or 35 feet, whichever is less.
(4) Plans for the common recreational facilities shall be
approved by the City. Construction of common recreational
facilities shall be commenced at such time as 26
two-family dwelling units (13 buildings) have been built.
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(5) The covenants and restrictions for the residential property
shall include provisions for fences, accessory buildings,
shared driveways, and ownership and maintenance of common
open space and facilities.
B. Commercial. The commercial portion of the Project has been
approved for the following uses: convenience grocery store with
gas pumps as an integrated facility, family restaurant, retail
strip center, office building, bank building with drive-up
facility and daycare facility. Development of the commercial
portion of the project is subject to the following conditions:
(1) The design of the buildings shall be consistent with the
character and quality of those approved in the Development
Stage of the P.U.D., as set forth in Exhibit F.
(2) All site plans must be reviewed by the Planning Commission
and approved by the City Council.
(3) The fuel storage tank for the gas pump facility shall be of
double~wall fiberglass construction.
(4) Final plans for parking lot grading and drainage shall be
submitted by the Developer for approval by the City Engineer
prior to construction.
(5) The covenants and restrictions for the commercial property
shall include provisions for signage, exterior sales and
display racks, hours'of business operation, lighting,
landscaping, prohibition on the sale of liquor, and other
conditions placed on the property pursuant to the City's
approval of the revised development stage plan on 10
September 1990.
C. Intent. It is the intent of this Paragraph 1 to both limit and
define the permitted uses of the property within the residential
and commercial portions of the Project, and any changes in the
uses of the property from that set forth above shall require the
approval of all parties to this agreement. The provisions of
this Paragraph 1 shall take precedence over and supersede any
contrary provisions which may be contained in other paragraphs of
this agreement.
2. 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.
a. Street grading, stabilizing and bituminous surfacing;
b. Surmountable concrete curbs and gutters;
c. Watermains within the plat;
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d. Sanitary sewer mains and connections and adjustments to existing
mains
e. Storm sewer and surface water drainage facilities
f. Street name signs and traffic control signs.
g. Site grading and landscaping
It is understood that the above improvements do not include any of the
"Public Improvements" to be constructed by the City pursuant to the
Contract for Tax Increment Finance Development dated March 6, 1991. It is
further understood that underground utility lines, including gas,
electric, telephone, and television cable shall be installed by the
respective private utility companies pursuant to separate agreements with
the Developer.
3. 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.
4. STANDARDS OF CONSTRUCTION. Developer agrees that all of the
improvements set forth in Paragraph 2 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.
5. 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 in effect at the time of the
installation of the improvement, 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.
6. SCHEDULE OF WORK. It is understood and agreed that the work shall be
performed in multiple stages. The first stage of residential development
shall commence with the construction of a two-family dwelling in the
residential portion of the project. Such construction shall commence
before or during Fall, 1991. The residential portion of the project shall
be completed in four or fewer stages. The first stage of commercial
development shall commence before or during Spring, 1992. Sanitary
sewers and watermains for the entire residential portion of the project
shall be completed during the second stage of the residential portion of
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the project and connected to the Shady Hills municipal utility system
provided that the water connection shall be made prior to December 30,
1992. In the event that the second stage of the residential portion of
the Project is not completed by December 30, 1992, said water connection
may be made from the existing watermain in the Highway 7 frontage road.
Construction of the detention pond shown on the grading, drainage and
erosion control plan attached as Exhibit D shall also be completed before
or during the construction season of 1992. Prior to the commencement of
each stage, 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 within the stage. 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 date specified for completion.
7. PLANS FOR IMPROVEMENTS
a. Plans and Specifications. The Developer agrees to cause its
engineers to prepare all plans and specifications necessary for
construction of the street and installation of sanitary sewer, storm sewer
and surface water drainage facilities, watermains, street identification
signs, and traffic control signs within the plat, as set forth in
paragraph 2 above, said plans and specifications to be subject to the
final approval of the City Engineer.
b. As-Built Plan. Within sixty (60) days after the completion of
construction of improvements within each stage, 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.
c. 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.
d. Pre-existing Drain Tile. All pre-existing drain tile disturbed
by Developer during construction shall be restored by Developer.
8. 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.
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9. GRADING, DRAINAGE, AND EROSION CONTROL. Developer, at its expense,
shall provide grading, drainage and erosion control plans for each stage
consistent with the overall grading, drainage and erosion control plan,
attached as Exhibit D. Said plans shall be approved by the City Engineer
and 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.
10. FINAL INSPECTION. Upon completion of the improvements set forth in
Paragraph 2 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.
11. CONVEYANCE OF IMPROVEMENTS. Upon completion of the installation by
Developer and approval by the City Engineer of the improvements set forth
in Paragraph 2 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.
12. 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.
13. 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.
14. REIMBURSEMENT OF COSTS. The Developer shall reimburse the City for
all costs, including reasonable engineering, legal, planning and
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administrative expenses incurred by the City in connection with
improvements set forth in Paragraph 2 above and 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. All costs
charged to the Developer shall be itemized identifying person, task, time,
date, and at-cost rate.
15. 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.
16. 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 2 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 that prior to commencing each stage, Developer will
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 for that stage, as 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 shall
be released upon the furnishing by the Developer of a one-year maintenance
bond. .
17. ALTERNATIVE SECURITY AGREEMENT. In lieu of the letter of credit or
cash deposit required by Paragraph 16 above, the Developer may provide an
agreement providing alternative security, subject to the following
conditions:
a. All documentation evidencing the Alternative Security Agreement
shall be approved by the City 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.
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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.
18. 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 2 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 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.
20. SEWER ASSESSMENTS. The original assessments against the property for
sanitary sewer are in the amount of $23,791, of which $1,189.55 remains
unpaid. Developer acknowledges that as a newly platted development
additional sums may be assessed against the property as equalization
charges pursuant to Shorewood City Code. Developer agrees to accept and
pay all 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. Payment of
equalization charges will be due at the time the final plats for each
stage of the Project is approved. A schedule of such charges is set forth
in Exhibit G attached hereto and made a part hereof.
21. PARK FUND PAYMENT. Developer shall, at the time that the final plat
of each stage is approved by the City, pay the required park dedication
fee for each lot included in the plat. It is understood and agreed that
park fees shall be paid for a total of 144 residential lots, 90 of which
shall be assessed at $500.00 per lot. The remaining 54 lots representing
the residential portion of the project, shall be assessed at the amount
required by the City Code as of the date of approval of the plat of each
stage. Payment for the 90 lots shall be made according to the following
schedule:
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Final plat approval, first stage - $15,000.00;
June 1, 1992 - $15,000.00;
June 1, 1993 - $15,000.00.
Assessment for commercial lots shall be based on the number of commercial
sewer units assigned to the property. Developer shall be given credit for
three (3) park units paid during the first stage of commercial development
for Developer's dedication to the City of the outlot for trail purposes,
designated as Outlot B in Exhibit C attached hereto.
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 OF SHORE WOOD
5755 Country Club Road
Shorewood, Minnesota 55331
To the Developer:
TRIVESCO
c/o Steiner & Koppelman, Inc.
Attn: Mr. Thomas Kordonowy
3610 South Highway 101
Wayzata, Minnesota 55391
With Copies to:
Randal Travalia
Robert H. Mason, Inc.
14201 Excelsior Boulevard
Minnetonka, Minnesota 55345
Mark Z. Jones
Highland Properties, Inc.
5290 Villa Way
Minneapolis, Minnesota 55435
Jeremy S. Steiner
Vesely, Miller & Steiner
400 Norwest Bank Building
1011 First Street South
Hopkins, Minnesota 55343
23. PROOF OF TITLE. Developer shall furnish a title op1n10n or title
insurance policy addressed to the City guaranteeing that Developer is the
fee owner or has a legal right to become fee owner of the Property upon
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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.
24. 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.
25. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS.
Prior to recording the plat, Developer shall provide a copy of the
Declaration of Covenants, Conditions and Restrictions for the residential
and commercial portions of the Project for review and approval by the
City.
26. DURATION OF AGREEMENT. This Agreement shall remain in effect until
one year following the City's acceptance of the improvements set forth in
paragraph 2 above.
27. 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 2 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 M.S. 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 Property for any amount so unpaid,
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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 M.S.
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 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:
(1) the cost of completing the construction of the improvements
described in Paragraph 2 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. Legal Proceedings. In addition to the foregoing, the City may
inptitute any proper action or proceeding at law or at equity to abate
violations of this Agreement, or to prevent use or occupancy of the
proposed dwellings.
28. HEADINGS. Headings at the beginning 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.
29. SEVERABILITY. In the event any prOV1S10ns 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.
30. 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.
31. CONSTRUCTION. This Agreement shall be construed in accordance with
the laws of the State of Minnesota.
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32. SUCCESSORS AND ASSIGNS. It is agreed by and between the parties
hereto that the Agreement herein contained shall be binding upon and inure
to the benefit of their respective legal representatives. successors. and
assigns.
IN WITNESS WHEREOF. the City has caused this Contract to be duly
executed in its name and behalf, and the Developer has caused this Contract
to be duly executed in its name and behalf. on or as of the date first above
written.
TRIVESCO, a Minnesota general
partnership
CITY OF SHOREWOOD. MINNESOTA
By Steiner & Koppelman, Inc.
A Partner
By: ~1. ~
Thomas F. Kordonowy
Its Vice President
By:
Barbara J.
Its Mayor I
By Robert H. Mason, Inc.,
A Partner
And:
J res C. Hurm
/
Itf Administrator/Clerk
BY'!L.uW. ~.
Randal W. Travalia
Its President
By Highland Prop
A Partner
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STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
~~ The foregoing instrument was acknowledged before me this
~ day of yY)tL~, 1991, by Barbara J. Brance1 and James C. Hurm,
the Mayor and Administra or/Clerk, respectively, of the City of Shorewood,
Minnesota, a municipal corporation and political subdivision of the State of
Minnesota, on behalf of the City.
8....?...~ SUSAN A. NICCUM
.JJ NotIfy PubIc MiMIIoII
Her.,.,. Count,
_ Comm. Exp. 3-1H8
---
STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
The fOregOin~'nstrument was acknowledged before me this
1~ day of , 1991, by Thomas F. Kordonowy, Vice
President of Steiner and Koppelman, Inc., Randal W. Travalia, President of
Robert H. Mason, Inc. and Mark Z. Jones III, President of Highland
Properties, Inc. on behalf of TRIVESCO, a Minnesota general partnership.
KP,THLEEN G. GYORFI
NOfARY PUBLIC - MINNESOTA
HENNEPiN COUNTY
tIN COMMISSION EXPIRES 7-6-95
C1(~ 11. ~~f
Notary Public
THIS INSTRUMENT DRAFTED BY:
FROBERG & AHERN, P. A.
17736 Excelsior Boulevard
Minnetonka, Minnesota 55345
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LEGAL DESCRIPTION:
That part of the Southwest Quarter of the Southeast Quarter, Section 25,
Township 117, Range 23, lying South of a line extending from a point on
the West line of said Southwest Quarter of the Southeast Quarter distant
591.42 feet North from the Southwest corner of said Southwest Quarter of
the Southeast Quarter to a point on the East line of said Southwest
Quarter of the Southeast Quarter distant 1236.14 feet North from the
Southeast corner of said Southwest Quarter of the Southeast Quarter,
according to the Government survey thereof, Hennepin County, Minnesota.
Outlot A, Waterford 2nd Addition, according to the recorded plat thereof.
EXHIBIT A
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Exhibit C
FINAL PLAT
First Stage Residential
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Sewer Equalization Charge
Waterford - Phase 3, Stage 1
Original Assessments against property:
Area Assessment - 1,139,070 sq. ft @ $0.01
1 A Unit @ $1,700
1 B Unit @ $1,800
1 C Unit @ $1,900
7 D Units @ $1,000
$11,391
$ 1, 700
$ 1,800
$ 1,900
$ 7.000
$23,791
Total original assessment
Stage 1
Developer proposes to hook up two (2) two-family dwelling units (1
building) to the municipal sewer system during the first stage of
residential development. Developer has the right to hook up these units
by paying the difference between the $3,600 amount for (2) B Unit
assessments and the amount originally assessed for (1) A and (1) B Unit
plus seven per cent (7%) interest from 1 January 1973 to 31 December 1991.
$100 + (100 x .07 x 19) = $233.
Future Stages
During the next residential stage of development, Developer shall have the
right to hook up eight (8) two- family dwelling units (4 buildings) to the
municipal sewer system by paying the difference between the $14,400 amount
for (8) B Unit assessments and the amount originally assessed for (1) C
Unit and (7) D unit assessments, plus seven percent (7%) interest from 1
January 1973 to the time of approval of the final plat of that stage.
In addition to the charges set forth above, at the time future plats are
approved, Developer shall pay to the City a sewer equalization charge or a
connection charge for each of the two-family dwelling units authorized to
be constructed in the Project over and above the ten (10) B units set
forth in the above paragraphs, and a sewer equalization or connection
charge for the commercial property within the Project, in accordance with
the schedule set forth in the Shorewood Sewer Code in effect at the time
of final plat approval.
The total sewer charges due and payable upon approval of Waterford Phase
3, Stage 1 are as follows:
Original Unpaid Sewer Assessments
Equalization Charges
$1,189.55
233.00
TOTAL
$1,422.55
EXHIBIT G
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