HomeMy Public PortalAbout2016-095 Resolution Accepting Public Utilities within the Enclave at Brockton 4th AdditionMember Pederson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2016-95
RESOLUTION ACCEPTING PUBLIC UTILITIES WITHIN
THE ENCLAVE AT BROCKTON 4th 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 411Addition (the
"Subdivision") for the purpose of developing single family lots; and
WHEREAS, the Developer and the City have previously entered into an agreement
dated October 27, 2014 (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, and stormwater infrastructure improvements (the
"Subdivision Improvements"), with the exception of the final lift of bituminous pavement on the
streets, 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.
Resolution No. 2016-95
December 6, 2016
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.
4. Upon receipt of the warranty bond and at the discretion of the city engineer, the City
Council authorizes the release of the letter of credit for the Subdivision Improvements.
5. 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.
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: December 6, 2016.
By: ��
-1/ a_-
Bob Mitchell, Mayor
Attest:
By:V
�
Jodiallup, City Cl
The motion for the adoption of the foregoing resolution was duly seconded by member Anderson
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. 2016-95 2
December 6, 2016
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 40— Warranty Bond Request
City Project No. SD-14-130, WSB Project No. 02712-180
Dear Mr. Tabone:
701 Xenia avenue South
Suite 300
Monneapu6s, MN 3541.6
Tel. 753-541.4E0D
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 4th development as required ti 'Omer- . .prat. The City Council must formally
accept the Subdivision improvements zvi sit a raj' - neduled 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 $251,205. ^ B ` sr-sd on the construction
cost estimates previously provided by the developer's engineer. The wi pond shall cover any
public utility repairs, induding 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.
Tom Kellogg, P,E.
City Engineer
Resolution No. 2016-95 3
December 6, 2016