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HomeMy Public PortalAbout2016-089 Resolution Accepting Public Utilities wihtin the Enclave at Brockton 3rd AdditionMember Anderson introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2016-89 RESOLUTION ACCEPTING PUBLIC UTILITIES WITHIN THE ENCLAVE AT BROCKTON 3rd ADDITION 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 3rd Addition (the "Subdivision") for the purpose of developing single family lots; and WHEREAS, the Developer and the City have previously entered into an agreement dated June 18, 2013 (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. 2016-89 November 15, 2016 4. The terms and conditions of the letter from the city engineer dated October 13, 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. Attest: By: 9Jod M. Gallup, City Clerk By: 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. 2016-89 2 November 15, 2016 A Exhibit A WSB October 13, 2016 Mr. Paul J. Tabone Lennar Minnesota 16305 36th Avenue North Suite 600 Plymouth, MN 55446 Re: Enclave at Brockton 3`d— Warranty Bond Request City Project No. SD-13-101, WSB Project No. 02065-630 Dear Mr. Tabone: 701 Xenia Avenue South Suite 300 Minneapolis, Mll 55416 Tel: 763-541-4500 Fax: 763-541-1700 The City of Medina's engineering consultant has completed the construction observation and testing of the watermain, sanitary sewer, and storm sewer utilities (Subdivision improvements) for the Enclave at Brockton 3`d 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 $144,016.04 based on the construction cost estimates previously 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 & Associates, Inc. �•I y r _ Tom Kellogg, P.E. City Engineer Resolution No. 2016-89 3 November 15, 2016