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HomeMy Public PortalAbout2020-07 Resolution Accepting Street Improvements within The Woodland Hill PreserveMember Anderson introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2020-07 RESOLUTION ACCEPTING STREET IMPROVEMENTS WITHIN THE WOODLAND HILL PRESERVE WHEREAS, the City of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Woodland Hill Preserve, Inc. (the "Developer") has constructed improvements on certain land within the City which has been platted as Woodland Hill Preserve (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 28, 2015 (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. 2020-07 February 4, 2020 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 December 11, 2019 are hereby incorporated into this resolution and made a part hereof. Dated: February 4, 2020. Atte 6,1/Q----- Jodi M. Gallup, City Clerk 1 erson, Acting Mayor The motion for the adoption of the foregoing resolution was duly seconded by member DesLauriers and upon vote being taken thereon, the following voted in favor thereof: Anderson, DesLauriers, Pederson And the following voted against same: (Absent: Albers, Martin) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2020-07 2 February 4, 2020