HomeMy Public PortalAbout2019-71 Resolution Accepting Public Utilities within The Enclave at Brockton 4th AdditionMember Anderson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2019-71
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") has constructed improvements
on certain land within the City which has been platted as The Enclave at Brockton 4th 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 April 19, 2013 (the "Development Agreement") related to the development of the
Subdivision; and
WHEREAS, pursuant to the terms of the Agreement, the Developer completed
construction of sanitary sewer, water, and stormwater infrastructure improvements in 2016 and
the City subsequently accepted the sanitary sewer and water improvements as public
improvements; and
WHEREAS, the Developer has now completed construction of the street improvements
within the Subdivision (the "Street Improvements"); and
WHEREAS, the city engineer has inspected the Street Improvements, and determined
that they have been constructed in accordance with the plans incorporated in the Development
Agreement; and
WHEREAS, the Development Agreement requires the Developer or the Developer's
contractor to submit a warranty bond guaranteeing repair or replacement of any defects in the
Subdivision improvements for two years following completion as a condition of being accepted
by the City.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
as follows:
1. The City hereby accepts the Street Improvements, as public improvements upon the date
of this resolution or the date indicated on the warranty bond, whichever is later.
Thereafter, the City shall maintain the Street Improvements as public improvements,
except as provided for herein.
Resolution No. 2019-71
November 19, 2019
2. The Developer shall remain responsible to repair or replace defective portions of the
Street Improvements if they show signs of failure within two years of acceptance, normal
wear and tear excepted.
3. If the Developer fails to repair or replace defective portions of the Street Improvements
as required herein and pursuant to the Development Agreement, the City may utilize the
warranty bond for such purpose.
4. The terms and conditions of the letter from the city engineer dated November 14, 2019
are hereby incorporated into this resolution and made a part hereof.
5. City staff and consultants are authorized and directed to take steps necessary or
convenient to carry out the intent and purpose of this resolution, including the release of
the letter of credit being held to ensure completion of the Street Improvements.
Dated: November 19, 2019.
Kathleen Martin, Mayor
Attest;
Jodi M. Gallup, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member Albers
and upon vote being taken thereon, the following voted in favor thereof:
Albers, Anderson, DesLauriers, Martin
And the following voted against same: (Absent: Pederson)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2019-71 2
November 19, 2019