89-070
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RESOLUTION NO. 70-89
A RESOLUTION APPROVING THE FINAL PLAT OF
HARDING ACRES THIRD ADDITION
WHEREAS, the final plat of HARDING ACRES THIRD 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:
(1) That the plat of HARDING ACRES THIRD 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 hereof.
(3) That 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 final plat shall be filed and recorded within
30 days of the Developer's receipt 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
August, 1989.
of the City of Shorewood
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an lIaW)1 _ r
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this 28th day of
ATTEST:
Sandra L. Kennelly, City Clerk
Roll Call Votes:
Ayes:
Nays:
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CITY OF SHOREWOOD
RESIDENTIAL SUBDIVISION DEVELOPMENT AGREEMENT
HARDING ACRES THIRD ADDITION
THIS AGREEMENT, made this 12th day of September , 1989, by
and between the CITY OF SHOREWOOD, a Minnesota municipal corporation,
hereinafter referred to as the "City", and AJB, INC., a Minnesota
Corporation, hereinafter referred to as the "Developer".
WHEREAS, Developer has an interest as purchaser 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, 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 82,016 square feet divided into 3 lots, and to be known as
HARDING ACRES THIRD ADDITION; and
WHEREAS, the City Council by its resolution passed on February
13, 1989, has approved the preliminary plat of the Subject Property; and
WHEREAS, Develper has made application to the City to be allowed
at Developer's expense to construct a surfaced cul-de-sac at the south end
of Harding Lane, sanitary sewer facilities and underground electric, gas
and telephone service lines to all lots approved by the City, all of the
foregoing hereinafter sometimes referred to as the improvements.
NOW, THEREFORE, in consideration of the foregoing premises and
acceptance by the City of the final plat of HARDING AC RES THIRD ADDITION,
attached hereto and made a part hereof as Exhibit B, the City and
Developer agree as follows:
1. IMPRO VEMENTS 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
improvements consisting of the following improvements:
(a) Street grading, stabilizing and bituminous surfacing;
(b) Integral shoe formed bituminous curbs and gutters;
( c ) Sanitary sewer mains;
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.
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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 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
the 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. Developer agrees to provide a written
schedule for the construction of said improvements set forth in Paragraph
1 above indicating the proposed progress sched ule and order of completion
of all work covered by this Agreement. It is understood and agreed that
the work shall be performed in one phase to be fully completed by
, 1989. 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. CUL-DE-SAC AND SANITARY 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 facilities in said plat, and street, curb
and gutter improvements within and outside of the plat, said plans and
specifications to be subject to the final approval of the City Engineer.
b. A s- 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
improvements within the plat.
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c. Easements.
easements from abutting
the improvements within
easements to the City.
Developer, at its expense, shall acquire all
property owners necessary to the installation of
the plat, and thereafter promptly assign said
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d. Pre-existinq Drain Tile. All pre-existing drain tile
disturbed by Developer during construction shall be restored by Developer.
. 7. ST AKING, SUR VEYING AND INSPECTION. It is agreed that the
Developer, through its engineer, shall provide for all staking and
surveying of 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. 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.
10. OCCUPANCY PERMITS. The occupancy of any structure on any
lot within said plat shall be prohibited by the City until water lines and
municipal sanitary sewer shall have been installed, tested, and available
to serve the lot for which the building permit shall have been issued.
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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 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.
13. REPLACEMENT. All work and materials performed and furnished
by the Developer, its agents and subcontractors, pursuant to paragraph 1
above, which are 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.
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14. RESTORATION OF STREETS AND PUBLIC FACILITIES. Developer
shall restore all City streets and other public facilities 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. Developer shall reimburse the City
for all costs, including reasonable engineering, legal, planning and
administrative expenses incurred by the City from time to time in
connection with all matters relating to the administration and enforcement
of this Agreement and the performance thereof by the Developer. Such
reimbursement shall be made within thirty (30) days of the date of the
City's mailing of each notice of costs to the address set forth in
Paragraph 22 below.
16. CLAIMS FOR WORK. The Developer or its contractor shall not
do any work or furnish any 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 done or materials furnished by the contractor without such
written order being first obtained shall be at his own risk, cost and
expense.
17. 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 the improvements have been accepted by the City, such letter of
credit may be replaced by a maintenance bond.
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 co-insured on said policy and the Developer shall file a copy of the
insurance coverage with the City.
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Prior to commencement of construction of the improvements described in
Paragraph 1 above, Developer shall file with the City a certificate of
such insurance as will protect the Developer, its 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, and
the Minnehaha C reek 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 $ 4500.00 Developer
acknowledges that as a newly platted development of 3 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.
21. PARK FUND PAYMENT. Developer shall, at the time that final
plat is approved, make a cash payment to the City in the sum of $1,000.00
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 of Shorewood
5755 Country Club Road
Shorewood, MN 55331
To the Developer:
AJB, Inc.
18305 Minnetonka Boulevard
Deephaven, MN 55391
23. PROOF OF TITLE. Developer shall furnish a title opinion
addressed to the City issued by the attorney for the Developer, which
opinion shall guarantee that Developer in fact has the right to purchase
the subject property and the right to enter upon the same for the purpose
of developing the property. Developer agrees that in the event
Developer's interest in the property should change in any fashion, except
for the normal process of marketing lots, prior to the completion of the
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project and the requirements of this Agreement that it shall forthwith
notify the City of such change in interest.
. 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.
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25. 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.
26. DURATION OF AGREEMENT. This Agreement shall remain in
effect until such time as the Developer shall have fully performed all of
its duties and obligations under this Agreement.
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 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.
b. Performance Guaranty. In addition to the foregoing, the City
may also institute legal action against the Developer or utilize any cash
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deposit made or letter of credit delivered hereunder, to collect, pay, or
reimburse the City for:
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(1) the cost of completing the construction of the improvements
described in Paragraph 1.
(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 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.
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.
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29. 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.
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.
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 parties hereto have caused these presents
to be executed on the day and year first above written.
AJB, IN C .
~on
Its: President
CITY OF SHOREWOOD
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On this ~day of , 1989, before me, a Notary Public
within and for said County, p r onally appeared Jan Haugen and
Sandra L. Kennelly, to me personally known, who, being each by me duly sworn,
did say that they are respectively the Mayor and City 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 Sandra L. Kennelly acknowledged said
instrument to be the free act and deed of said corporation.
~IOO ~ IlI.l:'N J/ffiI
otary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
18 SUSAN A. NICCOM
. ~.NOTARY PUBLIC. MIN.." ESOt l
\:1:.~1 HENNEPIN COUNTY
~ My CnmmllSlon Explrea Mlr: 6, 1990
Xyvv~~""ftT""~f".f"",yy
ST ATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN )
On this lcitrday of t rl\}r-rnbf)( ), 1989, before me, a Notary Public
within and for said County, ~sonallY appeared Adrian Johnson, on behalf
of AJB, Inc., who is its President, described in and who executed the
foregoing instrument and acknowledged that she executed the same as her free
act and deed.
I.. SUSAN A. NICCUM
. ~ ~ NOTARY PUBLIC. MINNESOTA "
~ HENNEP1N COUNTY
My Commission Explrea Mar. S, 1990 .-
XmY'fm'fY .
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EXHIBIT A
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LEGAL DESCRIPTION OF SUBJECT PROPERTY
That part of Lot 1, Ball's Addition to Eureka and of Lot 18,
Auditor's Subdivision One Hundred Thirty-three (133) in the
County of Hennepin and State of Minnesota lying Easterly of
a line drawn parallel with the Easterly line of said Ball's
Addition to Eureka from a point on the Northerly right of
way line of Smithtown Road distant 250 feet Westerly of the
intersection of said right of way line with the East line of
said Lot 18, said parallel line hereinafter referred to as
Line A, and lying Southerly of a line drawn at right angles
to said Line A from a point thereon distant 320 feet North
of the said northerly right of way line of Smithtown Road,
according to the plats thereof on file or of record in the
Office of the Register of Deeds in and for said County.
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EXHIBIT B
.
EXHIBIT C
SEWER EQUALIZATION CHARGE
HARDING ACRES THIRD ADDITION
Original Sanitary Sewer Charged:
1C and 1B plus square feet
$4500.00
Added Equalization Charges:
1B $350.00 plus (interest) $416.50
$766.50
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