HomeMy Public PortalAbout2017-083 Resolution Accepting Public Utilities within the Automotorplex DevelopmentMember Pederson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2017-83
RESOLUTION ACCEPTING PUBLIC UTILITIES WITHIN
THE AUTOMOTORPLEX DEVELOPMENT
WHEREAS, the City of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Medina MP, LLC (the "Developer") is constructing improvements within
the platted development known as the AutoMotorPlex for the purpose of constructing automotive
storage facilities; and
WHEREAS, the Developer and the City have previously entered into an agreement dated
May 10, 2017 (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 and watermain 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 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 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 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 Improvements as
required herein and pursuant to the Development Agreement, the City shall utilize the
warranty bond for such purpose.
Resolution No. 2017-83
October 17, 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 October 5, 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: October 17, 2017.
Attest:
By:
Jodi . Gallup, City Clerk
By:
Bob Mitchell, Mayor
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. 2017-83 2
October 17, 2017
Exhibit A
WSB
701 Xenia Avenue South I Suite 300 I Minneapolis, MN 55416 I (763) 541-4800
October 5, 2017
Mr. Bruno Silikowski
Medina MP, LLC
2800 Niagara Lane N
Plymouth, MN 55447
Re: AutoMotorPlex — Warranty Bond Request
City Project No. SD-16-188, WSB Project No. 3433-240
Dear Mr. Silikowski:
WSB &Associates, Inc., the City of Medina's engineering consultant (Engineer), has observed the
installation and testing of the waterma in and sanitary sewer utilities (Improvements) for the
AutoMotorPlex development in accordance with the plans and as required by the Development
Agreement. The City Council must formally accept the improvements by resolution at a regularly
scheduled council meeting.
Prior to acceptance of the Improvements by the City Council, the developer is required to submit a two-
year warranty bond for 100% of the construction costs of the sanitary sewer and watermain
improvements. At this time, the warranty bond shall be in the amount of $249,000.00 based on the
construction cost estimates previously provided by the developer's engineer.
City staff and the Engineer will consider a reduction in the Letter of Credit (LOC) after the City Council
formally accepts the Subdivision Improvements.
Please submit the warranty bond effective for two calendar years to the attention of City Administrator
Scott Johnson at Medina City Hall. The approval of the LOC reduction will be contingent upon receipt of
the warranty bond.
Sincerely,
WSB & Associates, inc.
4„9„,,z-
Jim Stremel, P.E.
City Engineer
Resolution No. 2017-83 3
October 17, 2017
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