HomeMy Public PortalAbout2017-068 Resolution Accepting Public Utilities within the Just for Kix Development AgreementMember Pederson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2017-68
RESOLUTION ACCEPTING PUBLIC UTILITIES WITHIN
THE JUST FOR KIX DEVELOPMENT
WHEREAS, the City of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Clough Properties, LLC (the "Developer") is constructing improvements
within the platted development known as Just for Kix for the purpose of constructing a multi -
tenant commercial building; and
WHEREAS, the Developer and the City have previously entered into an agreement dated
August 5, 2016 (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 parking and access drives, watermain, and stormwater infrastructure improvements
(the "Improvements"), to serve the units within the Development; 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, 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 one year 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 and shall maintain
them, except as provided for herein.
2. The Developer shall remain responsible to repair or replace defective portions of the
Improvements if they show signs of failure for one year 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 Improvements as
required herein and pursuant to the Development Agreement, the City shall utilize the
warranty bond for such purpose.
Resolution No. 2017-68
September 19, 2017
4. Upon receipt of the warranty bond and at the discretion of the City Engineer, the City
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 September 13, 2017
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: September 19, 2017.
By 3otti/4,
Bob Mitchell, Mayor
Attest:
By:5--=,
Jodig/;
Gallup, City Cler
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. 2017-68 2
September 19, 2017
Exhibit A
A
WSB
September 13. 201/
Mr. Steven Clough
Clough Properties, LLi_
;842 Colleg>_ ftuad
Baxter, MN 5642',
7C1 Rene Aven,.e Sio!- I suite 3.00 ' Mnnear:6s MN FE-4.1$ I ;c3 .`i1-4EO0
Re: Just for Kix - Warranty ;Bond Request
City Project No. SD.lb 181• WSB Pro)ect No. 3433-04C
Dear Mr. Clough:
Triie City of Medina's engineering consultant (Engineer) has completed the construction observation and
testing of the watermain, sanitary sewer, street and storrn suer utilities ilmprovernents) for the Just
for Kix development as required by the Development Agreement. the City Council must formally. accept
the Subdivision iri proverrents by resolution at a regularly scheduled council me etine.
Prior te acceptance of the improvements by the City Council, the developer is required to submit a one
year warranty bored fur 100% of the construction costs of the Improvements. f or this protect. the
warranty bond shall be in the amount of S40,OO(J.00 based on the construction cost estimates previously
provided by the developer's engineer. Abe warranty bored shall cover waternaarrr utility repairs, including
any street disturbances necessary to facilitate the utility repairs, required within the warranty period.
City staff and the Enginee eeill consider a reduction On the Letter of Credit (LOC) after the City Council
formally accepts the Subdivision improvements.
Please submit the warranty bond effective for one calendar year to :he attention of City Adirrinistrator
Scott Johnson at Medina City Nall. the approval of the LOC reduction will be contingent upon receipt of
the v:drranty bond.
Sincerely.
W58 & Associofts, inc.
Jim Strsrr'ic, . P.E.
City Engineer
Resolution No. 2017-68 3
September 19, 2017