88-078RESOLLTrICN NO. 78 -88
A RESOLLTTICN APPROVING THE FINAL PLAT OF
HARDING ACRES
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WHEREAS, the preliminary and final plats of HARDING ACMES SECno
ADDITICN have been re- 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, THEREFOM, BE IT RESOLVED, by the City Council of the City
of Shorewood:
approved.
1. That the plat of Harding Acres Second Addition is hereby
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 resolution together with the final plat shall be
filed and recorded within 30 days of the Developer's receipt of this
Resolution.
BE IT FURRIER 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 11th day of
July, 1987.
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ATTEST:
Sandra L. Kennelly, City Clerk
Robert Rascop, Mayor
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CITY OF SHE
RESIDENTIAL SLIBDIVISICN DEVELORAM AGRFJM Nr
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HARDING ACMES SECIOND AEDITION
THIS AGRE MENIC, made this 27h day of TN , 1988, by
and between the CITY OF SHMWOM, a Minnesota nmicilYal corporation,
hereinafter referred to as the "City ", and AIRNATICNAL CROUP, LTD., a
Minnesota Corporation, hereinafter referred to as the "Developer ".
WHEREAS, the Developer holds an interest in certain lands
described in Exhibit A attached hereto and made a part hereof, which lands
are hereinafter referred to as the "Subject Property "; and
MMEAS, the Developer has made application under the Subdivision
Ordinance of the Shorewood City Code for Council approval of a
single - family residential development plat of the Subject Property, said
plat to divided into 12 lots and to be Down as Harding Acres Second
Addition; and
W MEEAS, the City Council by its resolution passed on July 11,
1988, has approved the plat of the Subject Property; and
MERFAS, the Developer has now submitted his final plat of the
Subject Property, which plat is attached hereto and made a part hereof as
Exhibi $; and
W MEA,S, the City has established the policy of requiring land
developers and the City to formally allocate between them the furnishing
of surfaced streets, curbs, gutters, required landscaping, storm sewer and
surface water drainage facilities, street signs, sanitary sewer
facilities, and underground electric and telephone service lines to all
lots and plats approved by the City, all of the foregoing hereinafter
sometimes referred to as improvements.
NOW, THEREFCRE, in consideration of the foregoing premises and
acceptance by the City of the final plat of Harding Acres Second Addition,
the City and the Developer agree as follows:
1. IMPRUVEMENM INSTALLED BY DEVEMPER 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.
b.
C .
d.
e .
f.
Street grading, stabilizing and bituminous surfacing;
Integral shoe - formed bituminous surmountable curbs and
gutters;
Sanitary sewer mains;
Storm sewer and surface water drainage facilities;
Street 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. IlVIPROVEVlWM INSTALLED BY CITY No improvements are
contemplated to be installed by the City at this time.
3. STANDARDS OF OONSTRUMCN Developer agrees that all of the
foregoing improvements 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. MAMIALS 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. SCHMULE OF WORK The Developer shall submit a written
schedule indicating the proposed progress schedule and order of completion
of work covered by this Agreement, which schedule shall be a part of this
Agreement. 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.
It is understood and agreed that the work shall be performed in one phase
to be fully completed by :5ep7`. 30 , 1988.
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6. PRE- OONSTRUGTION 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 the
appropriate parties specified by the City Engineer.
7. STREETS SANITARY SEWER., AND SMM SEWER FACILITIES.
a. Plans and Specifications The Developer agrees to cause
its engineers to prepare all plans and specifications necessary for the
installation of streets, curb, gutter, sanitary sewer, and storm sewer and
surface water drainage facilities in said plat, said plans and
specifications to be subject to the final approval of the City Engineer.
b. As -Built Plan Upon completion of construction,
Developer shall cause its engineers to prepare and file with the City an
"as- built" plan showing the installation of the foregoing facilities
within the plat. Such plans shall be prepared in conformance with City
standards for as -built plans as are presently on file with the City.
c. Easements Developer, at its expense, shall acquire all
easements from abutting property owners necessary to the installation of
the sanitary sewer, storm sewer, and surface water drainage facilities
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 AMID INSPECTION It is agreed that the
• Developer, through its 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.
9. GRADING, DRAINAGE, AND EROSICN 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.
10. 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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11. ACCESS Developer shall provide reasonable access, including
temporary grading and graveling, to all residences under construction in
the plat until the street is accepted by the City.
• 12. OCCUPANCY PERMITS The occupancy of any new structure on
any lot within said plat shall be prohibited by the City until the street
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 the building permit has been issued.
13. 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.
14. CONVEYANCE OF INEROVIlVEM 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.
15. WAIRAMY PERIOD - TV INSPECTION OF SEWER LINES 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 warranty period, Developer shall
perform a televised inspection of all sanitary sewer lines within the plat
and provide the City with a VHS videotape thereof.
16. RESM?ATION OF STREETS AND PUBLIC FACILITIES The 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.
17. REIMBURSEVOU 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 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 23
below.
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18. CLAIMS FCR VVQW 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.
19. I.LTTEB4OF 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, and that the Developer shall fully comply
with all of the other terms and provisions of this Development 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 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 cor.pletion of the required improvements. The said deposit or letter
of credit may be reduced in amount or replaced by a maintenance bond at
the discretion of the City upon acceptance by the City of the various
individual improvements.
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. 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.
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, CRDINANCES, RFGUTATICNS AMID PEEMITS 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.
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22. SEWER ASSES&VEN 'S . The original assessments against the
property for sanitary sewer are in the amount of $1,800.00. Developer
acknowledges that as a newly platted development of 12 lots, additional
sums may be assessed against the property as equalization charges pursuant
to Shorewood City Code Section 904.18. Developer agrees to accept and pay
all such charges to the City in accordance with the 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 PAYVM Developer shall, at the time that final
plat is approved, make a cash payment to the City in the stun of $6,000.00
for the Park Fund.
24. DICES All notices, certificates and other commMications
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, Minnesota 55331
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To the Developer: Airnational Group, Ltd.
OCC Financial Plaza, Suite 100
7271 Ohms Lane
Edina, MN 55435
25. PROOF OF TITLE The Developer shall furnish the City with
evidence satisfactory to the City that he holds an interst in title to the
Subject Property in fee simple.
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 corporationwhomsoever, 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
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of action arising therefrom and the costs, disbursements, and expenses of
defending the same.
27. DECLARATICN OF COVEATA M, CCNIDITICNS AMID RESTRIGMNS
• Developer shall provide a copy of the Declaration of Covenants, Conditions
and Restrictions, the Articles of Incorporation and By -laws of the
Homeowners Association, if any, for review and approval by the City prior
to recording the plat.
28. DURATICN OF AMMVMr 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.
29. ROVEDIES UPCN 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 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
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
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administrative expense incurred by the City in enforcing and
administering this Agreement.
c. Legal Proceedings 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.
31. 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.
32. EXECUrICN 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. CONSIRUCTICN This Agreement shall be construed in
accordance with the laws of the State of Minnesota.
34. SUCCESSCRS 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.
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IN WITNESS WHERBOF, the parties hereto have caused these presents
to be executed on the day and year first above written.
AIRNATIC NAL GRaT, LTD.
Its:
CITY OF SHCIREVIOOD
Robert ••
Its: Mayor
ATTEST:
Sandra L. Kennelly
City Clerk
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STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
On this 2& day of 1988, before me, a Notary
Public within and for said Co y, rsonally appeared
Robert Rascop 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
Robert Rascop and Sandra L. Kennelly acknowledged said instrument to be
the free act and deed of said corporation.
0
N tary Public
SUSAN A. NICCUM
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
My Commission Expires Mar. 6, 1990
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ss
On this day of zj'' 1988, before me, within and
• for said County, personally a pea ed �1 r�/ 1 on behalf of
Airnational Group, Ltd., who is its des ribed in and who
executed the foregoing instrument an acknowled d that executed the
same as his free act and deed.
'
NOTARY PUBLIC.-40PNNESOTA
[DAKOTA COUNTY
MY COMM. EXP. JAK 2, 1991
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LEGAL DESCRIPTION OF SUBJECT PROPER'T'Y
0 OU= A, HARDING ACRES, according to the recorded plat thereof.
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HARDING ACRES
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Exhibit B
FINAL PLAT
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SEWER EQUALIZATION CHARGE
HARDING ACRES 2ND ADDITION
Original Assessment 1B
12 lot division
-1 unit credit
11 lots
11 lots $ 350.00 =
interest 7% x 16 years on $ 3,850.00 =
Total Equalization due
EXHIBIT C
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$ 1,800.00
$ 3,850_00
4,312.00
$ 8,162.00