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87-028 . . . .. RESOLUI'ICN roo .;( J'- J>7 A RESOLUI'ICN APPROVIN3 'llIE FINAL PIAT OF WATERFOID 2ND AIDITICN WHEREAS, the final plat of Waterford 2nd Addition has been submitted in the manner required for the platting of land under Shorewood City Ordinances 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 Ordinances of the City of Shorewood. N:MT, 'llIEREFORE, BE IT RESOLVED by the Ci ty Council of the Ci ty of Shorewood: 1. That the plat of Waterford 2nd Addition is hereby approved. 2. That said approval is specifically conditioned upon the tenns and conditions contained in the Developnent Agreement for Waterford 2nd Addition, attached hereto and made a part hereof. 3. That the Mayor and City Clerk are hereby authorized to execute the Cert ificate of Approval and Developnent Agreement on behalf of the Ci ty Counci I . 4. That this final plat shall be filed and recorded within 30 days of the date of this resolution. BE IT FURIHER RESOLVED, that such 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 fonnality, all in compliance with Minnesota Statutes and Ordinances of the City. ::?/ld.. AOOPI'ED BY 'llIE CITY <XXJNCIL thi s \J _ day of ;114t2-(!j:,/ , 1987. CITY OF SI-D"lliWXD Robert Rascop Mayor ATI'EST: Sandra L. Kennelty City Clerk . . . 3/4/87 CITY OF S~ DEVEIDHVJENI' AGREE.VJFNf WATERKlRD 2ND AIDITICN 1HIS AGREBVJEm', made this day of , 1987, by and between the CITY OF SImE.WXD, a Minnesota rmmicipal corporat ion, hereinafter referred to as the "City" and 1RlVESCD, a partnership consisting of Steiner and Koppelman, Inc., Robert H. Mason Homes, Inc., and Highland Properties, Inc., hereinafter referred to as the "Developer". WHEREAS, Developer has previously entered into a Developnent Agreement with the City dated August 12, 1985, for the developnent originally known as Tri vesco; and WHEREAS, Developer has previously filed with the City the first final plat for said developnent; and WHEREAS, Developer now desires to file the second final plat for said developnent, which is the plat of Waterford 2nd Addition, which is a replat of the lots originally platted as Outlots F and G, Waterford, and which replat is attached hereto and made a part hereof as Exhibit A. N:MT, 'llIEREFORE, in consideration of the foregoing premises and acceptance by the City of the final plat of Waterford 2nd Addition, the City and Developer agree as follows: 1. DEVEIDHVJENI' AGREElVIENT. All provIsIons of the Trivesco Developnent Agreement executed by the parties on August 12, 1985, not superseded by the provisions set forth below are fully incorporated herein and made a part of this Agreement by reference. 2. PIAN A IlV.IPKJ\7EMENTS. Developer agrees at its expense to construct, install and perfonn all work and furnish all materials and equipnent in connection with the installation of the inprovements, shown on the plans and specifications which were prepared by Schoell & Madson, Inc., entitled "Waterford 2nd Addition," and dated September 3, 1986, and which were reviewed and approved by the City. Said plans and specifications pertain to the following inprovements: a. Street grading, stabilizing and bituminous surfacing; b. SUnTIOuntable concrete curbs and gutters; c. Sanitary sewer mains; d. Watennains; . e. f. g. h. Storm sewers and surface water drainage facilities; Street identification signs; 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. 3. PIAN B II.V.IPK)VEMENl'. No Plan B Irrprovements are contemplated to be installed by the City at this time. However, this Agreement may be amended to provide for certain of the above inprovements to be installed by the City and the cost thereof to be assessed back against the benefited properties at some future date. 4. STANDARDS OF CLNS1RIJCTIOO. Developer agrees that all of the foregoing inprovements that are to be constructed and installed by the Developer shall be in accordance with engineering plans and specifications approved by the City Engineer and the requirements of appl icable Ci ty ordinances and standards. Developer further agrees that all of said work shall be subject to final inspection and approval by the City Engineer. . 5. MATERIALS AND LAOCR. All of the materials to be employed in the making of said inprovements and all of the work performed in connection therewi th shall be of uni formly good and workmanl ike qual i ty, 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. 6. GRADIOO, DRAINAGE, AND EROSIOO aNrROL. Developer shall file a grading, drainage and erosion control plan, which plan shall be subject to review and approval by the City Engineer, prior to the recording of the plat. Developer, at its expense, shall provide ternporary dams, earthwork or such other devices and practices, including seeding of graded areas, as shall be needed, in the judgment of the City Engineer, 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. 7. STAKIOO, SURVEYIOO AND INSPECTIOO. It is agreed that the Developer, through his engineer, shall provide for all staking and surveying of the above-described inprovements. In order to ensure that the completed inprovements conform to the approved plans and specifications, the Ci ty Engineer or his representative shall make all inspections and shall supervise all testing which may be reasonably required during the construction of the inprovements set forth in Paragraph 2 above. Developer shall maintain records of all inspections and tests and forward copies of such records to the City Engineer each week. . -2- . 8. STREEl'S, SANITARY SEWER, WATER, S'IOOVI SEWER AND SURFACE WATER DRAINAGE FACILITIES. a. Plans and Specifications. The Developer agrees to cause its engineers to prepare all plans and specifications necessary for the installation of public streets, private roads, curb, gutter, sanitary sewer, watennains, stonn 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. Preliminary As-Built Plan. Within thirty (30) days after the completion of the sanitary sewer and watennain construction, including lot services, Developer shall cause its engineers to prepare and file with the City a preliminary set of as-built ~lar reproducible plans for City records. These plans shall include the locations and ties to all sanitary sewer and watennain services as well as gate valve boxes and manholes. c. Final As-Buil t Plan. Upon completion of construction, Developer shall cause its engineers to prepare and file with the City a final set of as-built ~lar reproducible plans for City records. These plans shall include the locations and ties to all sanitary sewer and watennain services as well as gate valve boxes and manholes. Such plans shall confonn to the As-Built Plans presently on file with the City. . d. Easements. Developer, at its expense, shall acquire all necessary easements from abutting property owners required for the installation of the sanitary sewer, stonn sewer, and water facilities within the plat, and thereafter promptly assign said easements to the City. 9. ClAIMS FOR \\ORK. 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. 10. FINAL INSPECI'ICN. Upon completion of the improvements set forth in Paragraph 2 above, the City Engineer, the contractor, and the Developer's engineer will make a final inspection of the work. Before final payment is made to the contractor by the Developer, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications; and the Developer's engineer shall submit a written statement attesting to same. 11. DECIARATICN OF OOVENANI'S, CXl'IDITICNS AND RES'lRIcrICNS. Developer shall provide a copy of its proposed Declaration of Covenants, . -3- . . . Conditions, Restrictions, and Reservations, for Waterford 2nd Addition for review and approval by the City prior to recording of the plat. Said Declaration shall be recorded contemporaneously with the plat and proof of filing thereof furnished to the City. 12. SEWER ASSESSVJENrS. Developer acknowledges that as a newly platted development, additional sums will be assessed against the property as sewer assessment equalization charges. Developer hereby agrees to pay such charges pursuant to the schedule set forth in Exhibit B, attached hereto and made a part hereof. 13. PARK DEDICATICN. Developer shall pay a park contribution of $13,500.00, as required by City ordinances, prior to recording of the plat. This amount is based upon a contribution of $500.00 for each of the 34 lots in Waterford 2nd Addition ($17,000.00), less a credit of $3,500.00 for seven (7) park uni ts pursuant to Paragraph 9 of the Amended Development Agreement Trivesco. 14. P:ERFORVIANCE GUARANlY. For the purpose of assuring and guaranteeing to the City that the improvements to be constructed, installed and furnished by the Developer, as set forth in Paragraph 2 above, shall be constructed, installed and furnished according to the tenus of this Agreement, and to ensure that the Developer shall pay all claims for work done and materials and supplies furnished for the perfonnance of this Agreement, and that the Developer shall fully comply with all of the other tenns 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 set forth in the contract between the Developer and his contractor. Included in the letter of credit shall be the charges incurred by the City for legal, planning, engineering services, inspection, supervision and administration. Said deposit or letter of credit shall remain in effect for a period of one year following the cOOl>letion 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 CLty of the various individual improvements. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. 'lRIVESOO CI'lY OF SlDRE\\OD By: By: Its: Its: Mayor By: ATTEST: Its: City Clerk -4- r . STATE OF MINNESOTA ) ) ss CDUNIY OF HENNEPIN) On this day of , 1987, before n~, a Notary Public within and for said County, personally appeared and , 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 and acknowledged said instrument to be the free act and deed of said corporation. Notary Pub I ic STATE OF MINNESOTA ) ) ss . CDUNIY OF HENNEPIN) On this day of , 1987, before me, within and for said County personally appeared and to me personally known, who, being each by me duly sworn did say that they are respectively the and of the partnership named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and acknowledged said instrument to be the free act and deed of said corporation. Notary Pub I ic . -5- .,/, . . . RESOLurICN 00. .A 3'. J'J A RESOLurICN APPROVIOO 1llE FINAL PLAT OF WATERFCIID 2ND AIDITICN WHEREAS, the final plat of Waterford 2nd Addition has been submitted in the manner required for the platting of land under Shorewood City Ordinances 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 Ordinances of the City of Shorewood. lO\', 1HEREFmE, BE IT RESOLVED by the Ci ty Council of the Ci ty of Shorewood: 1. That the plat of Waterford 2nd Addition is hereby approved. 2. That said approval is specifically conditioned upon the terms and conditions contained in the DevelopTIent Agreement for Waterford 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 and DevelopTIent Agreement on behalf of the Ci ty Counc i 1. 4. That this final plat shall be filed and recorded within 30 days of the date of this resolution. BE ITFURlHER RESOLVED, that such execut ion of the Cert i ficate, l,lpon said plat by the Mayor and Ci ty 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 fonnality, all in compliance with Minrlesota Statutes and Ordinances of the City. 1a: AOOPI'ED BY 1llE CI'IY CXXJNCIL this \,L day of /)) ;4)/2 {J f:./ , 1987. CI'IY OF SlmE\\UD Robert Rascop Mayor ATTEST: Sandra L. Kennelly City Clerk . . . CI'IY OF SHm.WXD DEVEIDRVENI' ArnEEl\1ENf WATERFCIID 2ND AIDITICN nus AGREE\1ENf, made this ~ day of March , 1987, by and between the CI'IY OF SHm.WXD, a Minnesota municipal corporation, hereinafter referred to as the "City" and lRIVESOO, a partnership consisting of Steiner and Koppelman, Inc., Robert H. Mason Hanes, Inc., and Highland Properties, Inc., hereinafter referred to as the "Developer". WHEREAS, Developer has previously entered into a Development Agreement with the City dated August 12, 1985, for the developnent originally known as Trivesco; and \'vHEREAS, Developer has previously filed with the City the first final plat for said developnent; and V~~, Developer now desires to file the second final plat for said developnent, which is the plat of Waterford 2nd Addition, which is a replat of the lots originally platted as Outlots F and G. Waterford, and which replat is attached hereto and made a part hereof as Exhibit A. WV, 'lliEREFCRE, in consideration of the foregoing premises and acceptance by the City of the final plat of Waterford 2nd Addition, the City and Developer agree as follows: 1. DEVEIDR\1ENl' AGREEl\1ENf. All provisions of the Trivesco Developnent Agreement executed by the parties on August 12, 1985, not superseded by the provisions set forth below are fully incorporated herein and made a part of this Agreement by reference. 2. PLAN A Il\IPOCJVEl\1ENl'S. 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, shown on the plans and specifications which were prepared by Schoell & ~~dson, Inc., ent i tied "Waterford 2nd Addi tion," and dated September 3, 1986, and which were reviewed and approved by the City. Said plans and specifications pertain to the following improvements: a. Street grading, stabilizing and bituminous surfacing; b. Surrrountable concrete curbs and gutters; c. Sanitary sewer mains; d. Watennains; . ' ~ . e. f. g. h. Storm sewers and surface water drainage facilities; Street identification signs; 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. 3. PLAN B IMPKJVEMENI'S. No Plan B Improvements are conterrplated to be installed by the City at this time. However, this Agreement may be amended to provide for certain of the above improvements to be installed by the City and the cost thereof to be assessed back against the benefited properties at same future date. 4. STANDARDS OF a:NS'IRI.CfICN. Developer agrees that all of the foregoing improvements that are to be constructed and installed by the Developer shall be in accordance with engineering plans and specifications approved by the City Engineer and the requirements of applicable City ordinances and standards. Developer further agrees that all of said work shall be subject to final inspection and approval by the City Engineer. . 5. MATERIALS AND IAIOL All of the materials to be errployed in the making of said improvEITlents and all of the work performed in connect ion therewi th shall be of uni formly good and workmanl ike qual i ty. 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 sat isfact ion and approval of the Ci ty at the cost and expense of Developer. 6. GRADIN1. DRAINAGE, AND EIOSICN a:NI'IDL. Developer shall file a grading, drainage and erosion control plan, which plan shall be subject to review and approval by the City Engineer, prior to the recording of the plat. Developer, at its expense, shall provide temporary dams. earthwork or such other devices and practices, including seeding of graded areas. as shall be needed, in the judgment of the City Engineer, 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. 7. STAKIN1. SURVEYIN1 AND INSPECl'ICN. It is agreed that the Developer, through his engineer, shall provide for all staking and surveying of the above-described improvements. In order to ensure that the completed improvements confonn to the approved plans and specifications. the City Engineer or his representative shall make all inspections and shall supervise all testing which may be reasonably required during the construction of the improvEITlents set forth in Paragraph 2 above. Developer shall maintain records of all inspections and tests and forward copies of such records to the City Engineer each week. . -2- , , . . . . 8. S'rnEETS, SANITARY SavER, WATER, S'l{R1 SavER AND SURFACE WATER DRAINAGE FACILITIES. a. Plans and Specifications. The Developer agrees to .cause its engineers to prepare all plans and specifications necessary for the installation of public streets, private roads, curb. gutter. sani tary sewer, watennains. stonm 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. Prel iminary As-Bui I t Plan. Wi thin thirty (30) days after the completion of the sanitary sewer and watenmain construction, including lot services, Developer shall cause its engineers to prepare and file with the City a preliminary set of as-built mylar reproducible plans for City records. These plans shall include the locations and ties to all sanitary sewer and watenmain services as well as gate valve boxes and manholes. c. Final As-Built Plan. Upon completion of construction, Developer shall cause its engineers to prepare and file with the City a final set of as-built mylar reproducible plans for City records. These plans shall include the locations and ties to all sanitary sewer and watenmain services as well as gate valve boxes and manholes. Such plans shall confonm to the As-Built Plans presently on file with the City. d. Easements. Developer, at its expense, shall acquire all necessary easements from abutting property owners required for the installation of the sanitary sewer, stonm sewer, and water facilities within the plat, and thereafter promptly assign said easements to the City. 9. CLAIl\E RE \\tEK. 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 reirrbursement 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 wi thout such wri tten order being first obtained shall be at his own risk, cost and expense. 10. FINAL INSPECl'ICN. Upon completion of the irrprovements set forth in Paragraph 2 above, the City Engineer, the contractor, and the Developer's engineer will make a final inspection of the work. Before final payment is made to the contractor by the Developer, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications; and the Developer's engineer shall submit a written statement attesting to same. 11. DECLARATICN OF .CXJVENANTS, aN)ITICNS AND RES'lRIcrICNS. Developer shall provide a copy of its proposed Declaration of Covenants, -3- . . . Conditions, Restrictions, and Reservations, for Waterford 2nd Addition for review and approval by the City prior to recording of the plat. Said Declarat ion shall be recorded contenporaneously wi th the plat and proof of filing thereof furnished to the City. 12. SavER ASSESS\1ENI'S. Developer acknowledges that as a newly platted development, additional sums will be assessed against the property as sewer assessment equalization charges. Developer hereby agrees to pay such charges pursuant to the schedule set forth in Exhibit B, attached hereto and made a part hereof. 13. PARK DEDIC'ATICN. Developer shall pay a park contribut ion of $13,500.00, as required by City ordinances, prior to recording of the plat. This amount is based upon a contribution of $500.00 for each of the 34 lots in Waterford 2nd Addition ($17,000.00), less a credit of $3,500.00 for seven (7) park uni ts pursuant to Paragraph 9 of the Amended Develo~nt Agreement Trivesco. 14. PE:R.FCRlANCE GJARANIY. For the purpose of assuring and guaranteeing to the City that the improvements to be constructed, installed and furnished by the Developer, as set forth in Paragraph 2 above, shall be constructed, installed and furnished according to the terms of this Agreement, and to ensure that the Developer shall pay all claims for work done and materials and supplies furnished for the performance of this Agreement, and that the Developer shall fully comply with all of the other terms and provisions of this Develo~nt 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 set forth in the contract between the Developer and his contractor. Included in the letter of credit shall be the charges incurred by the City for legal, planning, engineering services, inspection, supervision and administration. Said deposit or letter of credit shall remain in effect for a period of one year following the completion of the required improvements. The said deposit or letter of credit may be reduced in amount or replaced by a maintenance bond at the discretion of the City, upon acceptance by the City of the various individual improvements. IN WITNESS \~F, the parties hereto have caused these presents to be executed on the day and year first above written. 'IRIVESCD By:~l-.~ S {e.,;. - 4IWI. f(.,/tto",;u" :t;..U'. Its: r~e"... CIlY OF SImE\\OD ByvffJ/4~~ Its: Mayor By: ATI'EST;t ~~i:'~~ Its: -4- . . . STATE OF MINNEsarA ) ) ss 0l.JNlY OF HENNEPIN) On this~ day of~, 1987, before ~, ,a _No.t~r_ ~_ Public within and for said County, personally appeared ~~ and ~Ml\n~l"4fY')blto me personally known, who, being each by me dUly~bat 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 Ci~y Co cil, and said _m~ and acknowledged said instrume to be the free act an deed of said corporation. ~~ fj(j . N ary PublIc 8 SUSAN A. N.CCU.vI NOTARY PUBlIC" MIHNESOr~ HENNEPIN COUNTY My r-ission &Pires .br. 6.1990 7J'J'ijf'rr.,' '::': It" "1""'-, STATE OF MINNEsarA ) ) ss 0l.JNlY OF HENNEPIN) On thi~ day of for said County personally appeared eREl to me personally known, who, being each by me duly sworn did say that they are respectively the nAnrtt tJl, and 0 f the corpora t ion name~he foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and acknowledged said instrument to be the free act and deed of said corporation. 1100iQ"A ~ftl~ Nary Pub I ic ~, 8 SUSAN A. N'CCUj~ NOTARY PUBLIC MII'UIESOIA HENNEPIN COUNTY ., e_ T" "0.. &pins ..... 6. 1990 . '. '. . z o - I- - Q Q C ,- Q .~ Q a: o u.. ~ W t- ~": . Ii; "t ~"", .- .,.- .". ~ IC') 71 N . ,...,..0_ .' j I " .. 1\. I' ., ...;.~ "" I .I.o'.I.no :\ ~.....O ~ :-;"~~'. .I 9 (II "~, :~:a 2 / ;: I / ... / = I' I / - - - _. ~ I . co ...... wi' Iu. :.: ~ ~ ~ In . ..\/ ;'~-\(: ,0 /' .' r \; ~" ........ = ':~::/ ...~. ~ > i . i '" :~ N ..:. ~ IIO~O' ...~....t 0\.0 . ...... ~~~: ' 'Y. ..\. AI w ";. '. _. 0.. ~ ~ w ...~; ...~..:--;Q< <,.-; .,(.,~ ..r.3 EXHIBIT A . , . . . , . . " WA.TERF(R) 2ND AlDITICN Sewer Equalization Olarges: Lots 1-6, 12-17, Block 1 (12 B-units at $717.50) Lots 2-13, Block 2 (12 B- Units at $717.50) Lots 1-3, Block 3 (3 B-Units at $717.50) 27 Total B-Units at $717.50 per unit Lots 7-11, 18, Block 1 (6 C-Units at $820.00) Lot 1, Block 2 (1 C-Unit at $820.00) 7 Total C-Units at $820.00 per unit Total Equalization charge for plat: EXHIBIT B $8,610.00 $8,610.00 $2,152.50 $19,372.50 $4,920.00 $820.00 $5,740.00 $25,112.50