HomeMy Public PortalAbout2024-11 Reso Accepting Reserve of Medina 3rd Street ImprovementsResolution No. 2024- 11
March 19, 2024
Member Cavanaugh introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2024-11
RESOLUTION ACCEPTING PUBLIC STREET & STORM SEWER IMPROVEMENTS
WITHIN THE RESERVE OF MEDINA 3RD ADDITION
WHEREAS, the City of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Pulte Homes of Minnesota, LLC (the “Developer”) is constructing
improvements within the platted development known as The Reserve of Medina 3rd Addition for
the purpose of developing single family lots; and
WHEREAS, the Developer and the City have previously entered into an agreement dated
June 21, 2021 (the “Development Agreement”) related to the development of the subdivision; and
WHEREAS, pursuant to the terms of the Agreement, the Developer completed
construction of public sanitary sewer and watermain infrastructure improvements in 2022 and the
City subsequently accepted the sanitary sewer and water improvements as public improvements;
and
WHEREAS, the Developer has now completed construction of public street and storm
sewer improvements within the Subdivision (the “Improvements”); and
WHEREAS, the city engineer has inspected the Improvements and determined that they
have been constructed in accordance with the plans incorporated in the Development Agreement;
and
WHEREAS, the estimated cost of construction of the Improvements was $702,734.50 for
the street and $439,063.25 for the storm sewer, the total amount of the Improvements was
$1,141,797.75; and
WHEREAS, as required by the Development Agreement, the Developer or the
Developer’s contractor will be required to submit a warranty bond regarding repair or replacement
of any defects in the Improvements for two years from the date of this resolution.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
as follows:
1. The City hereby accepts the Improvements, as public improvements upon the date of
this resolution or the date indicated on the warranty bond, whichever is later.
Thereafter, the City shall maintain the Improvements as public improvements, except
as provided for herein.
Resolution No. 2024-11 2
March 19, 2024
2. The Developer shall remain responsible to repair or replace defective portions of the
Improvements if they show signs of failure within two years of date of this resolution
or the date indicated on the warranty bond, whichever is later, normal wear and tear
excepted.
3. If the Developer fails to repair or replace defective portions of the Improvements as
required herein and pursuant to the Development Agreement, the City may utilize the
warranty bond for such purpose.
4. Upon receipt of the warranty bond and at the discretion of the city engineer, the City
authorizes a reduction of the letter of credit for the Improvements as described herein.
5. Acceptance of the Improvements is subject to the terms and conditions of the letter
from the city engineer dated March 13, 2024.
6. City staff and consultants are authorized and directed to take all steps necessary or
convenient to carry out the intent and purpose of this resolution.
Dated: March 19, 2024.
By: ________________________
Kathleen Martin, Mayor
Attest:
By: ___________________________
Caitlyn Walker, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member Reid and upon vote being taken thereon, the following voted in favor thereof:
Albers, Cavanaugh, DesLauriers, Reid, Martin
And the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.