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HomeMy Public PortalAbout2016-022 Resolution Accepting Watermain Improvements within Medina Townhomes ProjectMember Pederson introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2016-22 RESOLUTION ACCEPTING WATERMAIN IMPROVEMENTS WITHIN MEDINA TOWNHOMES PROJECT WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Medina Leased Housing Associates I, LP (the "Developer") is constructing improvements on and adjacent to certain land within the City which has been platted as Medina Clydesdale Townhomes for the purpose of developing rental townhomes (the "Development"); and WHEREAS, the Developer and the City have previously entered into an agreement dated April 14, 2015 (the "Development Agreement") related to the development of the Development; and WHEREAS, consistent with the terms of the Development Agreement, the Developer has completed construction of watermain infrastructure improvements (the "Watermain Improvements") to serve the Development; and WHEREAS, the Watermain 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 guarantee repair or replacement of any defects for two years; and WHEREAS, street, sanitary, and stormwater infrastructure within the Development is not intended to be accepted as public improvements and is not included within the Watermain Improvements described herein; and WHEREAS, the Developer has submitted a financial guarantee to ensure repair and replacement and has requested that the City accept the Watermain Improvements. NOW, THEREFORE BE IT RESOLVED, by the City Council of Medina, Minnesota as follows: 1. The City hereby accepts the Watermain Improvements as public improvements and shall maintain them, except as provided for herein. Resolution No. 2016-22 March 15, 2016 2. The Developer shall remain responsible to repair or replace defective portions of the Watermain 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 letter of credit for such purpose. Dated: March 15, 2016. Attest: C By: d34- Jodi . Gallup, City Jerk Y• Bob Mitchell, Mayor 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. 2016-22 2 March 15, 2016