HomeMy Public PortalAbout2016-088 Resolution Accepting Public Utilities within the Enclave at BrocktonMember Anderson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2016-88
RESOLUTION ACCEPTING PUBLIC UTILITIES WITHIN
THE ENCLAVE AT BROCKTON
WHEREAS, the City of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, U.S. Home Corporation (the "Developer") is constructing improvements on
certain land within the City which has been platted as The Enclave at Brockton (the
"Subdivision") for the purpose of developing single family lots; and
WHEREAS, the Developer and the City have previously entered into an agreement
dated August 24, 2012 (the "Development Agreement") related to the development of the
Subdivision; and
WHEREAS, consistent with the terms of the Agreement, the Developer has completed
construction of sanitary sewer, water, stormwater, and street infrastructure improvements (the
"Subdivision Improvements") to serve the lots within the Subdivision; and
WHEREAS, the city engineer has inspected the Subdivision Improvements and
determined that they have been constructed in accordance with the plans incorporated in the
Development Agreement; and
WHEREAS, as required by the Development Agreement, the Developer or the
Developer's contractor has submitted a warranty bond regarding repair or replacement of any
defects in the Subdivision 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 Subdivision 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
Subdivision 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 Subdivision
Improvements as required herein and pursuant to the Development Agreement, the City
shall utilize the warranty bond for such purpose.
Resolution No. 2016-88
November 15, 2016
4. The terms and conditions of the letter from the city engineer dated October 14, 2016
attached hereto as Exhibit A are hereby incorporated into this resolution and made a part
hereof.
5. 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: November 15, 2016.
By:
Attest:
By: /
Jod M. Gallup, City Clerk
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
And the following voted against same: (Absent: Pederson)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2016-88 2
November 15, 2016
Exhibit A
WSB
701 Xenia Avenue South
Suite 300
Minneapo:is, MN 55416
Tel: 763-541-4800
Fax: 783-541-1700
October 14, 2016
Mr. Paul J. Tabone
Lennar Minnesota
16305 36a' Avenue North
Suite 600
Plymouth, MN 55446
Re: Enclave at Brockton 1st— Warranty Bond Request
City Project No. SD-12-086, WSB Project No. 02065-230
Dear Mr. Tabone:
The City of Medina's engineering consultant has completed the construction observation and testing of
the watermain, sanitary sewer, street and storm sewer utilities (Subdivision Improvements) for the
Enclave at Brockton lst development as required by the Development Agreement. The City Council must
formally accept the Subdivision Improvements by resolution at a regularly scheduled council meeting.
Prior to acceptance of the Subdivision Improvements by the City Council, the developer is required to
submit a two year warranty bond for 100% of the construction costs of the Subdivision Improvements.
For this project, the warranty bond shall be in the amount of $996,223.14 based on the final pay
voucher provided by the developer's engineer. The warranty bond shall cover any public utility repairs,
including any street repairs necessary to repair the public utilities, required within the warranty period.
City staff and their engineering consultant will consider a reduction in the Letter of Credit after the City
Council formally accepts the Subdivision Improvements.
Please submit the warranty bond dated effective November 4, 2016 through November 4, 2018 to the
attention of City Administrator Scott Johnson at Medina City Hall no later than November 4, 2016 for
consideration at the November 15, 2016 council meeting.
Sincerely,
WSB $i Associates, inc.
7a74
Torn Kellogg, P.E.
City Engineer
Resolution No. 2016-88 3
November 15, 2016