HomeMy Public PortalAbout2015-106 Resolution Accepting Watermain Improvements at 190 Westfalen TrailMember Pederson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2015-106
RESOLUTION ACCEPTING WATERMAIN IMPROVEMENTS
AT 190 WESTFALEN TRAIL
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, IP II Hamel, LLC, (the "Developer") has constructed improvements on
certain land within the City at 190 Westfalen Trail (the "Property") for the purpose of developing
a commercial building; and
WHEREAS, the Developer and the City have previously entered into an agreement
dated March 18, 2008 (the "Development Agreement") related to the development of the
Property; and
WHEREAS, consistent with the terms of the Development Agreement, the Developer
has completed construction of watermain infrastructure improvements (the "Utility
Improvements") to serve the Property; 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.
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.
Resolution No. 2015-106
December 15, 2015
Dated: December 15, 2015.
Attest:
By ad) h/P
Bob Mitchell, Mayor
By:
Scott T. Johnso City Administrator -Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Cousineau 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. 2015-106 2
December 15, 2015