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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.