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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