HomeMy Public PortalAbout1982-023t
Member tW Are d -5-at rcv introduced the following resolution
and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. ls.,?-e-173
RESOLUTION APPROVING AMENDMENTS TO THE
DEVELOPMENT CONTRACT FOR DLMEULES ROAD
WHEREAS, Lawrence T. Demeules and Joan B. Demeules and
others, entered into a development agreement and covenants
dated February 29, 1980, in which they agreed to construct a
road described therein; and
WHEREAS, the road constructed under the said contract
failed in several respects and the parties are in disagreement
regarding appropriate methods to repair the failure and to
guarantee against future failures;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Medina, that the development agreement and covenants of
February 29, 1980, be amended as follows:
REMOVAL AND REPLACEMENT OF FAILED ROAD. Demeules agrees
to remove and replace the base and surfacing in all failed
areas of the road as directed by the City Engineer.
ASPHALT OVERLAY. Demeules agrees to place asphalt overlay
one inch thick, as specified by the City Engineer, on the
roadway surface beginning at Holy Name Drive and con-
tinuing Westerly on the road to Station 5 plus 80.
CURB REPAIR. Demeules shall remove as directed by the
City Engineer and replace as directed by the City Engineer,
all failed or insufficient curbs in all locations as
directed by the City Engineer. Demeules further agrees
to properly backfill with suitable soil materials behind
all curbs in order to effect proper drainage as directed
by the City Engineer.
FINANCIAL GUARANTEE. The Performance Bond dated October 29,
1981, in the amount of $78,000.00 shall remain in full
force and effect until such time as the construction
described in this amended contract has been completed,
inspected by the City Engineer, and accepted by the
City Council. Thereafter, the said Bond amount shall
be reduced to $25,000.00 and shall continue in full
force and effect for three years next following the
date of acceptance of completion of the construction
work by the City Council. Thereafter, the Bond shall
be reduced to $12,500.00 and shall continue for one
additional year thereafter. The undertakings of the
reduced Bond shall guarantee the correction of con-
struction defects only and shall not guarantee the
correction of maintenance damages which may occur.
ADMINISTRATIVE COSTS. Demeules shall reimburse the
City for all costs of engineering, legal and other
administrative services incurred by the City in
furtherance of this amended contract, said reimburse-
ment to occur prior to final acceptance of the street,
and said reimbursement to be guaranteed by the
financial guarantee's herein described.
Dated:
ATTEST:
Donna Roehl, Clerk
1982.
Thy.. as And / on, ayor
The motion for the a option of the foregoing resolution was duly
seconded by member co-,4 C-,csbv and upon vote being
taken thereo ,the following voted in favor thereof:
l r 7toi svn •5C4C.re4-, fCe,se •r Lac
and the following voted against same:
Whereupon said resolution was declared duly passed and adopted.