89-054
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RESOLUTION NO. 54-89
A RESOLUTION APPROVING THE FINAL PLAT OF
MARILYNWOOD 2ND ADDITION
WHEREAS, the final plat of MARILYNWOOD 2ND ADDITION has been
submitted in the manner required for the platting of land under the Shorewood
City C ode 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 C ode of the City of S horewood .
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
S horewood :
1. That the final plat of MARILYNWOOD 2ND ADDITION is hereby
approved.
2. T hat the approval is specifically conditioned upon the terms and
conditions contained in the Development Agreement for MARILYNWOOD 2ND ADDITION,
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 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 the City of Shorewood this 10th day of
July, 1989.
Jan Haugen, Mayor
ATTEST:
. Sandra L. Kennelly, City Clerk
Roll Call Votes:
A yes -
Nays -
.
CITY OF SHOREWOOD
RESIDENTIAL SUBDIVISION DEVELOPMENT AGREEMENT
MARILYNWOOD 2ND ADDITION
THIS AGREEMENT, made this 10th day of July , 1989, by
and between the CITY OF SHOREWOOD, a Minnesota municipal corporation,
hereinafter referred to as the "City", and GERALD J. KELSCH, doing business
as K & H Builders-Developers, hereinafter referred to as the "Developer".
WHEREAS, Developer has an interest as contract purchase 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
4.98 acres divided into 3 lots, and to be known as MARILYNWOOD 2ND ADDITION;
and
WHEREAS, the City Council by its resolution passed on March 27,
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
Riviera Lane, hereinafter sometimes referred to as the improvement.
NOW, THEREFORE, in consideration of the foregoing premises and
acceptance by the City of the final plat of MARILYNWOOD 2ND ADDITION,
attached hereto and made a part hereof as Exhibit B, the City and Developer
agree as follows:
1. IMPROVEMENT 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 improvement
consisting of street grading, stabilizing and bituminous surfacing.
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
improvement set forth in Paragraph 1 above shall equal or exceed City
.
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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 improvement 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 improvement set forth in Paragraph 1
above indicating the proposed progress schedule 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
October 31 , 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.
.
6. CUL-DE-SAC IMPROVEMENT.
a. Plans and Specifications. The Developer agrees to
cause its engineers to prepare all plans and specifications necessary for the
installation of the improvement within the plat, 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
improvement within the plat.
c. Easements. Developer, at his expense, shall acquire
all easements from abutting property owners necessary to the installation of
the improvement 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
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of the above-described improvement. In order to ensure that the completed
improvement conform to the approved plans and specifications, the City will
provide for resident inspection.
8. GRADING. DRAINAGE. AND EROSION CONTROL. Developer, at his
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.
.
11. FINAL INSPECTION. Upon completion of the improvement 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 improvement be accepted by the City.
12. CONVEYANCE OF IMPROVEMENT. Upon completion of the
installation by Developer of the improvement set forth in Paragraph 1 above,
the Developer shall convey said improvement 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 improvement, 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.
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,
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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 his 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 improvement 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 improvement 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 improvement. 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 improvement but in no event shall such letter of
credit be reduced to an amount less than 100% of the total cost of said
improvement. At such time as the improvement has 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. 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
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 improvement described in
Paragraph 1 above, Developer shall file with the City a certificate of such
insurance as will protect the Developer, his contractors and subcontractors
from claims arising under the workers' compensation laws of the State of
Minnesota.
19. LAWS, ORDINANCES, REGULATIONS AND PERMITS. Developer shall
comply with all laws, ordinances, and regulations of all regulatory bodies
having jurisdiction of the Subject Property and shall secure all permits that
may be required by the City of Shorewood, the State of Minnesota, 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 $ 4340.66 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 PA YMENT. 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
S horewood, MN 55331
To the Developer:
Gerald J. Kelsch
7401 Auto Club Road
Bloomington, MN 55438
23. PROOF OF TITLE. Developer shall furnish a title opmlOn
addressed to the City issued by the attorney for the Developer, which opinion
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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 requirements of this Agreement that he
shall forthwith notify the City of such change in ownership. In lieu of a
title opinion, Developer may furnish a copy of a title insurance policy
indicating developer to be fee owner of the Subject Property.
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 improvement 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.
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
his 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 improvement 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
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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
improvement 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. 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.
.
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 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
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and inure to the benefit of their respective legal representatives,
successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to )::>e executed on the day and year first above written.
~~.~
CITY OF SHOREWOOD
Kelsch, d/b/a
ilders-Developers
ATTEST:
~dJ-+~~
Sandra L. Kenne y, ity Clerk
.
.
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ST A TE OF MINNESO T A )
) ss
COUNTY OF HENNEPIN )
On this /~ay , 1989, before me, a Notary Public
within and for said Count nall appeared Jan Haugen and
Sandra L. Kennelly, to m y known, who, being each by me duly sworn,
did say that they are res 'vely 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 corp ation.
/i
ALAN J. ROLEK
NOTARY PUBUC . MINNESOTA
ANOKA COUNlY
My CommiaIion EJcpIrelI-20-83
. STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
On this ~day of 4'-j-'"-" t; ,1989, before me, within and for
said County, personally appeare Gerald J. Kelsch, descnbed In and who
executed the foregoing instrument and acknowledged that he executed the same
as his free act and deed.
~A~M7F~
.. Notary Public
~'HH'''#H#H'''H#H#,
! it::'".......~\ SANDRA L. KENNEllY
\~A~ NOTA.RY PUBLIC - MINNESOTA
"~~~'M HENNEPIN COUNTY
Y CommIsSion Ellpires Aug. 14. 19112
.
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EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
Lot 6, Block 1, and Outlots D and E, Marilynwood, according to
the recorded plat thereof.
.
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EXHIBIT B
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EXHIBIT C
SEWER EQUALIZATION CHARGE
MARILYNWOOD 2ND ADDITION
Orginal Assessment:
Marilynwood, Lot 6 = 1 C unit
Marilynwood, Outlot D = 1 C unit
Additional Assessment Added due to Division:
1 C unit = 1,900.00 + 2394.00 in interest =$4,294.00
.
Total cost to be equally divided on Lot 2 and Lot 3, Marilynwood 2nd
Lot 2 = $2,147.00
Lot 3 = $2,147.00
.
.
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