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HomeMy Public PortalAbout2015-099 Resolution Accepting Public Utilities within Woodland Hill PreserveMember Anderson introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2015-99 RESOLUTION ACCEPTING PUBLIC UTILITIES WITHIN WOODLAND HILL PRESERVE WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Woodland Hill Preserve, Inc. (the "Developer") is constructing improvements on certain land within the City which has been platted as Woodland Mill Preserve for the purpose of developing single family lots (the "Subdivision"); and WHEREAS, the Developer and the City have previously entered into an agreement dated April 28, 2015 (the "Development Agreement") related to the development of the Subdivision; and WHEREAS, consistent with the terms of the Development Agreement, the Developer has completed construction. of stormwater infrastructure within the public right-of-way, as well as sanitary sewer and water infrastructure improvements (the "Utility Improvements") to serve the lots within the Subdivision; and WHEREAS, the Utility Improvements are intended to be accepted as public improvements following construction, subject to certain conditions noted in the Development Agreement including that the Developer or the Developer's contractor submit a warranty bond regarding repair or replacement of any defects for two years; WHEREAS, the Developer or the Developer's contractor has submitted a warranty bond and requested that the City accept the Utility Improvements. NOW, THEREFORE BE IT RESOLVED, by the City Council of Medina, Minnesota as follows: 1. The City hereby accepts the Utility Improvements as public improvements and shall maintain them, except as provided for herein. 2. The Developer shall remain responsible to repair or replace defective portions of the Utility Improvements if they show signs of failure for two years from the date of this resolution, normal wear and tear excepted. Resolution No. 2015-99 December 1, 2015 3. If the Developer shall fail to repair or replace defective portions of the Utility Improvements as required herein and pursuant to the Development Agreement, the City shall utilize the warranty bond for such purpose. 4. The terms and conditions of the letter from the city engineer dated November 6, 2015 are hereby incorporated into this resolution and made a part hereof. Dated: December 1, 2015. By: Attest: By: Scott T. Johns n, City Administrator -Clerk Bob Mitchell, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Pederson and upon vote being taken thereon, the following voted in favor thereof: Anderson, Cousineau, Martin, Mitchell, Pederson And the following voted against same: None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2015-99 2 December 1, 2015