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07-034 CITY OF SHOREWOOD RESOLUTION NO. 07 -034 A RESOLUTION APPROVING THE FINAL PLAT OF R BOWMAN THIRD ADDITION WHEREAS, the final plat of R Bowman 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 as follows: 1. The plat of R Bowman Third Addition is hereby approved. 2. The approval is specifically conditioned upon the terms and conditions contained in the Development Agreement between the Developer, the City of Shorewood and the City of Deephaven, attached hereto as Attachment I, and made a part hereof. 3. 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. This final plat shall be filed and recorded within (thirty) 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 OF THE CITY OF SHOREWOOD this 29th day of May, 2007. ATTEST: Christine Lizee, Mayor CITY OF SHOREWOOD DEVELOPMENT AGREEMENT R BOWMAN THIRD ADDITION PLANNED UNIT DEVELOPMENT THIS AGREEMENT, made this day of , 2001, by and between the CITY OF SHOREWOOD, hereinafter refened to as "Shorewood", the City of Dcephaven, hereinafter refelTed to as "Deephaven", each a Minnesota municipal corporation, and Richard A. Bowman, hereinafter refelTed to as the "Developer". WHEREAS, the Developer has an interest in certain lands legally described as: "Outlot A, R BOWMAN SECONl) ADDITION and Tract A, REGISTERED LAND SURVEY NO. 1742 and All that part of Bowman Court as dedicated on the plat of BOWMAN SECOND ADDITION (now vacated)"; which lands are hereinafter refelTed to as the "Subject Property"; and WHEREAS, the Subject Property is located partially within the City of Shorewood and partially within the City of Deephaven; and WHEREAS, the Developer proposes to develop the Subject Property by means of a Planned Unit Development ("P .U.D.") consisting of four single-family residential lots; and WHEREAS, the Developer made application in Shorewood for a conditional use permit for a Planned Unit Development (P.U.D.) with the Zoning Administrator and submitted a Concept Plan, which was considered by the Shorewood Planning Commission at a public hearing held on 3 October 2007, the minutes of which meeting are on file at the Shorewood City Offices; and WHEREAS upon recommendation of the Planning Commission, the City Council did consider and approve the Concept Plan at its regular meeting held on 23 October 2007 and adopted Resolution No. 06-093, a copy of which is on file at the Shorewood City Offices; and WHEREAS, the Developer submitted a Development Stage Plan, which was considered by the Planning Commission at its regular meeting on 5 December 2006, the minutes of which meeting are on file at the Shorewood City Offices; and WHEREAS upon recommendation ofthe Planning Commission, the City Council did consider and approve the Development Stage Plan at its regular meeting held on 8 January 2007 and adopted Resolution No. 07-003, a copy of which is on file at the Shorewood City Offices; WHEREAS, the Developer has filed with the City the Final Plat for "R Bowman Third Addition", a copy of which plat is attached hereto and made a part hereof as Exhibit A; and 1 Attachment li WHEREAS, the Shorewood City Council, by its Resolution No. 07-_, adopted 29 May 2007, and the Deephaven City Council, by its Resolution No. , adopted 4 June 2007 have approved the final plat of the Subject Property subject to conditions; NOW, THEREFORE, in consideration ofthe foregoing premises and acceptance by Shorewood and Deephaven of the final plat ofR Bowman Third Addition, Shorewood, Deephaven and the Developer agree as follows: 1) Conditions of Approval - The Developer shall comply with the conditions of approval as set forth in Shorewood Resolution No. 07-003, dated 8 January 2007 and Deephaven Resolution No. , dated . In addition, development of the Shorewood portion of the P.U.D. is subject to the requirements of the R-IA, Single-Family Residential zoning district, except as modified herein. (01) The Developer shall grant to the City of Shore wood a conservation easement, acceptable in form to Shorewood, over the wetland area located on Lots 1 and 4. The conservation easement shall be recorded contemporaneously with the final plat. (02) Individual building sites, including private driveways, are to be custom graded to preserve the maximum number of trees on each site, and shall conform with the grading plan, dated 25 January 2007 , prepared by TelTa Engineering, Inc. Each building site must have an individual grading plan separately approved by the Deephaven City Engineer prior to a building permit being issued. (03) Building permits for Lot 1 shall be issued by Shorewood. (04) Building permits for Lots 2, 3, and 4 shall be issued by Deephaven. Prior to building permit issuance for each residential structure on each parcel of property, a Certificate of Survey for such parcel shall be submitted for review by the City Planner and City Engineer. The Certificate of Survey shall include certification by the Developer that construction of the residence is consistent with this Agreement and all exhibits attached hereto, and shall further contain the following information: a) Topography with two-foot contour intervals for existing and proposed grades. b) Location of structures with finished floor elevations. c) Retaining walls, type, height and type of details. d) Location of sewer, water, gas and electric lines. e) Method of erosion control. f) Detailed grading plans. g) No construction or grading within areas of steep slope prone to erosion. 2 (05) The City of Shorewood shall provide access to its municipal water system and sanitary sewer system. All public utility lines within the public right-of-way shall be owned and maintained by the City of Shorewood. It is understood that all utility lines outside of the public right-of-way shall be owned and maintained by the owners of the lots within the Subject Property and that such lines shall not be taken over by the City of Shorewood. (06) The street serving the lots in the Subject Property shall be a private street and shall be owned and maintained by the Homeowner's Association for the Subj ect Property. The City of Shorewood will not take over the ownership and maintenance of the private road until such time as the street is brought up to Shorewood public street standards, including right-of-way width, pavement width and pavement construction. 2.) Improvements Installed by Developer - Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements: (01) All site grading including building pad cOlTection where needed; (02) Private street grading, stabilizing and bituminous surfacing; (03) Private sanitary sewer; (04) Private storm sewer and surface water drainage facilities; (05) Municipal water main and private service connections; consistent with the plans and specifications prepared by TelTa Engineering, Inc., dated--2l December 2007 , and received and approved by the Shorewood and Deephaven City Engineers. Landscaping and reforestation shall be consistent with the plans and specification prepared by Kathe Flynn Landscape Architecture. dated 23 February 2007 22 September 2003, and received and approved by the City Planner. It is understood that underground utility lines, including gas, electric, telephone, and television cable shall be installed by the respective private utility companies pursuant to separate agreements with the Developer. It is understood that the improvements installed by the Developer do not include street lighting. Plans for street lighting shall require separate review and approval by the Shorewood City Council prior to installation. City Clerk the final plat titled R Bowman Third the development of the Subject Property. Said plat is attached hereto and made a part hereof as Exhibit A. Said final plat, ..., .) together with the grading, drainage, and utility plans, referenced in paragraph 2 above, this Development Agreement, the Declaration of Covenants, Conditions & Restrictions - attached hereto as Exhibit B, the Grant of Permanent Easement for Conservation Purposes - attached hereto as Exhibit C, the Driveway Easement Declaration - attached hereto as Exhibit D, and the Utility Easement Declaration - attached hereto as Exhibit E, is herewith adopted and approved by Shorewood and Deephaven as the Developer's final plan for development of the property. 4.) 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 Shorewood and Deephaven City Engineers and shall include all appropriate parties specified by the City Engineers. 5.) Standards of Construction - Developer agrees that all ofthe improvements set forth in paragraph 2 above, shall equal or exceed Shorewood and Deephaven standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City Engineers 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 Engineers. 6.) 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 Shorewood and Deephaven standards and specifications, and shall be subject to inspection and approval of Shorewood and Deephaven. In case any materials or labor supplied shall be rejected by Shorewood or Deephaven as defective or unsuitable, then such rejected materials shall be removed and replaced with approved materials, and rej ected labor shall be done anew to the satisfaction and approval of Shorewood and Deephaven at the cost and expense of Developer. 7.) Schedule of Work - The Developer shall submit a written schedule in the form of a bar chart indicating the proposed progress schedule and order of completion of work covered by this Agreement. It is understood and agreed that the work set forth in paragraph 2 shall be performed to be completed by 1 November 2007, except for the final lift of bituminous for the private road, which shall be completed by 1 August 2008. 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, Shorewood and Deephaven, at their discretion, may extend the dates specified for completion. 8.) As-Built Plan - Within sixty (60) days after the completion of construction of the Improvements, Developer shall cause its engineer to prepare and file with Shorewood and Deephaven a full set of "as-built" plans, including a mylar original and two (2) black line prints, showing the installation of the Improvements within the plat. Failure to file said "as-built" plans within said sixty (60) day period shall suspend the issuance of building permits and certificates of occupancy for any further construction within the plat. property owners necessary to the installation of the sanitary sewer, storm sewer, and surface 4 water drainage facilities within the plat, and thereafter promptly assign said easements to Shorewood and Deephaven. 10.) Pre-existing Drain Tile - All pre-existing drain tile disturbed by Developer during construction shall be restored by Developer. ll.) Staking, Surveying and 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 as determined necessary by the Shorewood and Deephaven City Engineers. 12.) Grading, Drainage, and Erosion Control- Developer, at its expense, shall provide grading, drainage and erosion control plal'1s to be reviewed and approved by the Shorewood and Deephaven City Engineers. 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, and adjacent to, the plat free of all dirt and debris resulting from construction therein by the Developer, its agents or assignees. 13.) 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, as directed by the Shorewood City Engineer. 14.) Access to Residences - Developer shall provide reasonable access, including temporary grading and graveling, to all residences affected by construction until the improvements are accepted by Shorewood and Deephaven. 15.) Final Grading and Drainage Plan - Prior to the release of a building permit for Lots 2-4, the Developer shall submit and obtain the Deephaven City Engineer's written approval of a final grading and drainage for the lot. 16.) Final Inspection - At the written request of the Developer, and upon completion of the Improvements set forth in paragraph 2 above, the Shorewood and Deephaven City Engineers, the contractor, and the Developds engineer will make a final inspection of the work. When the City Engineers are 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 Shorewood and Deephaven. - Upon completion of the installation by Developer of the set forth in paragraph 2 encumbrances and with walTanty of title, which shall include copies of all lien waivers. Should the Developer fail to so convey said water main, the same shall become the property of 5 Shorewood without further notice or action on the part of either party hereto, other than acceptance by Shorewood. 18.) Replacement - All work and materials performed and furnished hereunder by the Developer, its agents and subcontractors, found by Shorewood and Deephaven to be defective within one year after acceptance by Shorewood and Deephaven, shall be replaced by Developer at Developer's sole expense. Within a period of thirty (30) days prior to the expiration of the said one-year period, Developer shall perform a televised inspection of all sanitary sewer lines within the plat and provide Shorewood and Deephaven with a VHS videotape thereof. 19.) Restoration of Streets, Public Facilities and Private Properties - The Developer shall restore all City streets and other public facilities and any private properties disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. 20.) Reimbursement of Costs - The Developer shall reimburse the Shorewood and Deephaven for all costs, including reasonable engineering, legal, planning and administrative expenses inculTed by Shorewood and Deephaven in connection with all matters relating to the administration and enforcement ofthe within Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be made within thirty (30) days ofthe date of mailing of the Citys' notice of costs to the address set forth in paragraph 28 below. 21.) Claims for Work - The Developer or its contractor shall do no work or furnish no materials not covered by the plans and specifications and special conditions of this Agreement, for which reimbursement is expected from Shorewood or Deephaven, unless such work is first ordered in writing by the City Engineers 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. 22.) Surety for Improvements - Deposit or Letter of Credit - For the purpose of assuring and guaranteeing to the Shorewood and Deephaven 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 submit to Shorewood and Deephaven as-built plans as required in paragraph 8 and that the Developer pay all claims for work done and materials and supplies furnished for the performance of this Agreement, the Developer agrees to furnish to Shorewood either a cash deposit or an irrevocable letter of credit approved by Shorewood in an amount equal to 150% of the total cost of said Improvements estimated by the Developer's engineer and approved by the Shorewood 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. The deposit or letter of credit may be reduced in amount at the discretion of Shorewood upon approval by its City Engineer of or letter of credit be an as the Improvements have been approved by Shorewood and Deephaven, such deposit or letter of credit may be replaced by a maintenance bond. 6 23.) 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$2,000,000.00. Shorewood and Deephaven shall be named as additional insured on said policy and the Developer shall file a copy of the insurance coverage with Shorewood and Deephaven. Prior to commencement of construction of the Improvements described in paragraph 2 above, the 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. 24.) 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 Shorewood, Deephaven, the State of Minnesota, the Minnehaha Creek Watershed District, and Metropolitan Council Environmental Services before commencing development of the plat. 25.) Local Sanitary Sewer Access Charges (LSSAC) - Developer shall, prior to release of the final plat by Shorewood, make a cash payment to Shorewood in the sum of $3600 ($1200 for each lot) as local sanitary sewer access charges. Credit has been given for Lot 1, with the existing house on it. 26.) Contribution in Lieu of Park Land Dedication - In lieu of dedication of any land to Deephaven for park purposes, Developer hereby agrees to contribute to Deephaven the amount of $ in cash, which amount is based upon fair market value ofthe buildable land included in the plat, and payment of which contribution is provided for under Minnesota Statutes, Section , subd. _ and Section 1200.l0(4)(b) of the Deephaven Code. 27.) Municipal Water Connection Charges - Developer shall, prior to release of the final plat by Shorewood, make a cash payment to Shorewood in the sum of $40,000 ($4000 for each lot) as municipal water connection charges. The Developer has agreed to extend municipal water service to the project. Pursuant to Chapter 903 ofthe Shorewood City Code, the developer shall pay for the cost of installing water to the project or the required connection charges, whichever is greater. Upon receipt of invoices for the cost of municipal water main and appurtenances and verification of said costs by the Shorewood City Engineer, the Developer shall be reimbursed for said costs. In no case shall the reimbursement exceed $40,000. 28.) Notices - All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt with address as indicated below. Shorewood, Deephaven and 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 7 parties, all notices, certificates and communications to each of them shall be addressed as follows: To Shorewood: Zoning Administrator CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331 With a Copy to: Shorewood City Attorney C/o Leonard Street & Dienard 150 South 5th St., Suite 2300 Minneapolis, Minnesota 55402 To Deephaven: City of Deephaven 20225 Cottagewood Road Deephaven, MN 55331 To the Developer: Richard A. Bowman 20025 Manor Road Shorewood, MN 55344 29.) Proof of Title - Developer shall furnish a title opinion or title insurance commitment addressed to Shorewood and Deephaven guaranteeing that Developer is the fee owner or has a legal right to become fee owner of the Subject Property upon exercise of certain rights and to enter upon the same for the purpose of developing the property. Developer agrees that in the event Developer's ownership in the property should change in any fashion, except for the normal process of marketing lots, prior to the completion of the project and the fulfillment of the requirements of this Agreement, Developer shall forthwith notify Shorewood and Deephaven of such change in ownership. Developer further agrees that all dedicated streets and utility easements provided to Shorewood and Deephaven shall be free and clear of all liens and encumbrances. 30.) Indemnification - The Developer shall hold Shorewood and Deephaven harmless from and indemnify Shorewood and Deephaven against any and all liability, damage, loss, and expenses, including but not limited to reasonable attorneys' fees, arising from or out of the Developer's performance and observance of any obligations, agreements, or covenants under this Agreement. It is further understood and agreed that Shorewood and Deephaven, their City Councils, and the agents and employees of Shorewood and Deephaven 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 31.) Declaration of Covenants, Conditions and Restrictions - Developer shall provide a copy of the Declaration of Covenants, Conditions and Restrictions, which Declaration shall 8 include Shorewood and Deephaven as a signatories thereto, for review and approval by Shorewood and Deephaven prior to recording. 32.) Remedies Upon Default- (01) 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, Shorewood and Deephaven 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 inculTed by Shorewood and Deephaven 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, Shorewood and Deephaven shall have a specific lien on all of Developer's real property within the Subject Property for any amount so unpaid, and Shorewood and Deephaven 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 Shorewood and Deephaven City Engineers, 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 Shorewood and Deephaven for any expense incurred by the City in remedying the conditions creating the emergency. (02) Performance Guaranty. In addition to the foregoing, Shorewood and Deephaven 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 Shorewood and Deephaven for: (a) The cost of completing the construction of the improvements described in paragraph 2 above. (b) The cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. (c) The cost of reasonable engineering, legal and administrative expenses inculTed by Shorewood and Deephaven in enforcing and administering this Agreement. (03) Legal Proceedings. In addition to the foregoing, Shorewood or Deephaven may institute any proper action or proceeding at law or at equity to abate violations of this ofthe 9 33.) 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. 34.) 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. 35.) 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. 36.) Construction - This Agreement shall be construed in accordance with the laws of the State of Minnesota. 37.) 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 oftheir respective legal representatives, successors, and assigns. 10 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. DEVELOPER CITY OF SHOREWOOD Richard A. Bowman By: ATTEST: CITY OF DEEPHA VEN By: Its: Mayor ATTEST: City Administrator 11 ST ATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this day of ,200_, before me, a Notary Public within and for said County, personally appeared Christine Lizee and Craig W. Dawson to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Administrator/Clerk of Shorewood, and that this instrument was signed and sealed on behalf of said corporation by authority of its City Council, and said Mayor and City Administrator/Clerk acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this day of ,200_, before me, a Notary Public within and for said County, personally appeared Paul Skrede and Dana Young to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Administrator of Deep haven, and that this instrument was signed and sealed on behalf of said corporation by authority of its City Council, and said Mayor and City Administrator acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this day of , 200_, before me, within and for said County, personally appeared Richard A. Bowman, the Developer, described in and who executed the foregoing instrument and acknowledged that it executed the same as its free act and deed. 12 THIS INSTRUMENT WAS DRAFTED BY: Shorewood Planning Department EDITED BY: Leonard Street & Dienard ISO South 5th Street, Suite 2300 Minneapolis, Milmesota 55402 (TJK) 13 (insert final plat) Exhibit A 14 (insert covenants) Exhibit B 15 (insert cons. esmt) Exhibit C 16 (insert driveway esmt) Exhibit D 17 (insert utility esmt) Exhibit E 18