HomeMy Public PortalAbout2020-45 Resolution Accepting Public Utilities within the Reserve of Medina 2nd AdditionMember Pederson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2020-45
RESOLUTION ACCEPTING PUBLIC UTILITIES WITHIN
THE RESERVE OF MEDINA 2ND ADDITION
WHEREAS, the City of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Pulte Homes of Minnesota, LLC (the "Developer") is constructing
improvements within the platted development known as The Reserve of Medina 2nd Addition for
the purpose of developing single family lots; and
WHEREAS, the Developer and the City have previously entered into an agreement dated
September 12, 2018 (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 "Utility
Improvements"), to serve the units within the Development; and
WHEREAS, the street improvements within the Development will be completed at a
future date and therefore will not yet be accepted by the City as public improvements; 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, the estimated cost of construction of the Utility Improvements is
$859,275.00, which includes $477,275.00 for sanitary sewer and $382,000 for water supply; 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 Utility 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 Utility Improvements as public improvements and shall
maintain them, except as provided for herein.
Resolution No. 2020-45
August 18, 2020
2. The Developer shall remain responsible to repair or replace defective portions of the Utility
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 Utility
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
authorizes a reduction of the letter of credit for the Improvements as described herein.
5. Acceptance of the Utility Improvements is subject to the terms and conditions of the letter
from the city engineer dated July 30, 2020.
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: August 18, 2020.
Attest:
By:
1/6
Jod. M. Gallup, City Clerk
/116,1/L3='
By:
Kathleen Martin, 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:
Albers, Anderson, DesLauriers, Martin, Pederson
And the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2020-45 2
August 18, 2020