90-021
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RESOLUTION NO .-11-90
A RESOLUTION APPROVING THE PRELIMINARY AND
FINAL PLAT OF FOX RUN WEST
WHEREAS, the preliminary and final plats of FOX RUN WEST have 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 plats are 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:
1. That the preliminary and final plats of FOX RUN WEST are hereby
approved.
2. T hat said approval is subject to and conditioned upon the
subdivider's obtaining approval of the grading plan by the City Engineer and
the subdivider's acceptance of the City Attorney's and City Planner's
Development Agreement attached hereto and made a part hereof.
3. That upon fulfillment of the above conditions by the subdivider,
the Mayor and City Clerk are hereby authorized to execute the Certificate of
Approval for the plat and the said Development Agreement on behalf of the City
Council.
4. That this Resolution and the final plat 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
this 12th day of March, 1990.
ATTEST:
Laurence E. Whittaker
City Administrator/Clerk
Roll Call Votes:
A yes -
Nays -
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4/25/90
CITY OF SHOREWOOD
RESIDENTIAL SUBDIVISION DEVELOPMENT AGREEMENT
FOX RUN WEST
THIS AGREEMENT, made this ~ay o~A. ~'I , 1990, by and between
the CITY OF SHOREWOOD, a Minnesota municipal ~on, hereinafter
referred to as the "City", and FULLERTON PROPERTIES, INC., a Minnesota
Corporation, hereinafter referred to as the "Developer".
WHEREAS, the Developer has an interest as contract purchaser of
certain of the 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 said land, said plat to contain approximately
5.7 acres divided into 9 lots, and to be known as Fox Run West; and
WHEREAS, the City Council by its resolution passed on March 12,
1990, has approved the preliminary and final plat of the subject property~
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 and plats 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 Fox Run West, 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 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. Integral shoe formed bituminous curbs and gutters~
c. Sanitary sewer mains ~
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d.
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f.
Storm sewer and surface water drainage facilities;
Street name signs and traffic control signs;
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, except for the
final lift of blacktop, by September 1, 1990. The final lift of blacktop
shall be completed by July 1, 1991. It is further understood and agreed that
the existing accessory buildings on lots 3 and 5 will be removed by Developer
within 6 months and prior to conveyance of the lots. 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.
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6. STREETS, SANITARY SEWER AND STORM SEWER FACILITIES
a. 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.
b. 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.
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-existinq Drain Tile. All pre-existing drain tile disturbed
by Developer during construction shall be restored by Developer.
7. STAKING, SURVEYING AND INSPECTION. It is agreed that the Developer,
through his engineer, shall provide for all staking and surveying for the
above-described improvements. In order to ensure that the completed
improvements conform to the approved plans and specifications, the City will
provide for resident inspection.
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.
9. STREET SIGNS. Developer, at its expense, shall provide standard city
street identification signs and traffic control signs in accordance with the
Minnesota Manual on Uniform Traffic Control Devices.
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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 epgineer 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.
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16. REIMBURSEMENT OF COSTS. The Developer shall reimburse the City for all
costs, including reasonable engineering, legal, planning and administrative
expenses incurred by the City in connection with all matters relating to the
administration and enforcement of the within Agreement and the performance
thereof by the Developer. Such reimbursement of costs shall be made within
thirty (30) days of the date of mailing of the City's notice of costs to the
address set forth in Paragraph 24 below. 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.
T he 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. ALTERNATIVE SECURITY AGREEMENT. In lieu of the letter of credit or cash
deposit required by Paragraph 18 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 Attorney prior to the commencement of
work covered by the Agreement.
b. All work covered by the Alternative Security Agreement shall be
inspected by the City Engineer.
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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.
20. 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.
T his insurance policy shall be a single limit public liability insurance
policy in the amount of $1,000,000.00. The City shall be named as additional
insured on said policy and the Developer shall file a copy of the insurance
coverage with the City.
Prior to commencement of construction of the improvements described in
Paragraph 1 above, the Developers shall file with the City a certificate of
such insurance as will protect the Developer, his contractors and
subcontractors from claims arising under the workers' compensation laws of
the State of Minnesota.
21. LAWS, ORDINANCES. REGULATIONS AND PERMITS. Developer shall comply with
all laws, ordinances, and regulations of all regulatory bodies having
jurisdiction of the Subject Property and shall secure all permits that may be
required by the City of Shorewood, the State of Minnesota, and the Minnehaha
C reek Watershed District before commencing development of the plat.
22. SEWER ASSESSMENTS. The original assessments against the property for
sanitary sewer are in the amount of $8,961.00, of which $896.10 remains
unpaid. Developer acknowledges that as a newly platted development of 9
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.
23. PARK FUND PAYMENT. Developer shall, at the time that final plat is
approved, make a cash payment to the City in the sum of $4,000.00 for the
Park Fund.
24. NOTICES. All notices, certificates and other communications hereunder
shall be sufficiently given and shall be deemed given when mailed by
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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:
FULLERTON PROPERTIES, INC.
608 Second Avenue South
Minneapolis, Minnesota 55401
25. PROOF OF TITLE. Developer shall furnish a title oplnlon or title
insurance policy 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. 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.
26. 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.
27. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS. Developer shall
provide a copy of the Declaration of Covenants, Conditions and Restrictions,
if any, which Declaration shall include the City as a signatory thereto, for
review and approval by the City prior to recording.
28. DURATION OF AGREEMENT. This Agreement shall remain in effect until one
year following the City's acceptance of the improvements.
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. 29. 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 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.
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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.
30. 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.
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31. SEVERABILITY. In the event any prOV1S1ons 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.
32. 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.
33. CONSTRUCTION. This Agreement shall be construed in accordance with the
laws of the State of Minnesota.
34. SUCCESSORS AND ASSIGNS. It is agreed by and between the parties her~to
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.
FULLERTON PROPERTIES, INC.
CITY OF SHOREWOOD
a~
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ATTEST:
~ C ~'
( '. ,~C, c.okutd"_...~~
Laurence E. Whittaker
City Administrator/Clerk
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STATE OF MINNESOTA }
} ss
COUNTY OF HENNEPIN )
On this .;;s~~ay of ~J , 1990, before me, a Notary Public
within and for said County, pe sonally appeared Jan Haugen and
Laurence E. Whittaker, 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 Jan Haugen and
Laurence E. Whittaker acknowledged said instrument to be the free act and
deed of said corporation.
~~py
cJNotary Public .
S,I\NDFlA L. KEN1\JELLV
j',1o'r/\.c::\,' PljBL1C -- ;\'iINi,jESOTA
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
t:I-
On thi~ day of
said County, personally appea e
Properties, Inc., who is its'
foregoing instrument and acknowledged
act and deed.
., +990/ before me, within and for
a.).VA~, on behalf of Fullerton
described in and who executed the
that he executed the same as his free
r;J~ /
Notary PublJi' ~
L
f",'j' i;\i\ir.:Di) 'r _.~
~~1:{ Cornmi:::zion E;~rJjrp~ .~.'""'.
~".,u~ 14.19~
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EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
Tracts D, E, G, and H; Registered Land Survey Number
890, Hennepin County, Minnesota
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EXHIBIT B
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EXHIBIT C
FOX RUN WEST
SEWER EQUALIZATION CHARGES
Original units charged
(lC, 1B, lA, 1D) = $8,961.00
Lots
1
2
3
4
Units required
C (1900.00)
B (1800.00)
B (1800.00)
B (1800.00)
Credits
(original units)
1C (1900.00)
1B (1800.00)
1A (1700.00)
10 ( 1000 .00 )
100.00 + 126.00
800.00 + 1008.00
Additions
Reduced formula applies to the following lots:
Total
226.00
1808.00
5 B (350.00 unit + 441.00 interest) 791.00
6 B " " n " 791. 00
7 B " " " " 791. 00
8 B " " " " 791.00
9 C (400.00 unit + 504.00 interest (7% x 17 yrs.)) 904.00
Total equalization to be added 6,102.00