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HomeMy Public PortalAbout1984-041Member IV' "/ m 164 introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. ,/,- 4// RESOLUTION GRANTING SUBDIVISION APPLICATION OF REED BALES WHEREAS, Reed Bales has requested approval of his subdivision application; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Medina that the Reed Bales subdivision application to divide the following described property: See legal attached is hereby approved subject to the following conditions: (1) Reed Bales will enter into the development contract attached hereto, said development contract to govern the terms and conditions of the construction and operation of the sawmill facility. (2) Reed Bales will conform in all respects to the Medina Zoning Code and the Medina subdivision regulations. (3) The subdivision shall conform in all respects to plans submitted to the City of Medina. Dated: jia nQ c2 6 , 1984. Thom-- s n• er -':r , Mayor ATTEST: Donna Roehl, Clerk The motion for the adoption of the foregoing resolution was duly seconded by memberidd-fetd and upon vote being taken thereon, the following voted in favor thereof: r)de4rSc-77, 5Goe , � "r, � n, �< < sir CVp s d y and the following voted against same: nohe Whereupon said resolution was declared duly passed and adopted. CITY OF MEDINA HENNEPIN COUNTY, MINNESOTA DEVELOPMENT CONTRACT THIS AGREEMENT, made this /"day of J6c 19ry, between the City of Medina, Hennepin County, Minnesota, acting by and through its City Council, herein called the "City", and Reed Bales herein called the "Developer". PROJECT: The Developer agrees to furnish all labor, materials and equipment and perform all of the work under this Contract, in consideration of the City approving the following project: Operation and construction of sawmill facility on property legally described as: see legal attached. It is agreed that all work shall be done in accordance with the plans which are on file, in accordance with the Minutes of the City Council at which the application was considered, and in accordance with any resolutions adopted by the City Council with respect to the application, which are hereby made a part of this Agreement. The Developer further agrees that any roads, parking lots, and site improvements shall be built in accordance with the specifications as determined by the City Engineer. PERFORMANCE: The Developer agrees that the work shall be done and performed in the best and most workmanlike manner; and all materials and labor shall be in strict conformity with respect to the plans and specifications and ordinances for the above described project and shall be subject to the inspection and the approval of the City or a duly authorized Engineer of the City, and in case any material or labor supplied shall be rejected by the City or Engineer as defective or unsuitable, then such rejected material shall be removed and replaced with approved material and the rejected labor shall be done anew to the satisfaction and approval of the City or Engineer and at the cost and expense of the Developer. The Developer further agrges that he will commence work hereunder on or before Ju n G � /98Y and will complete the work on or before ,%l4ix.L .2(,, /98,5- . It is further agreed that upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control which will delay the completion of the work, the City Council, in its discretion, may extend the date hereinbefore specified for completion. SPECIAL CONDITIONS: It is distinctly understood and agreed that all work covered by contract shall be done at no expense to the City, except as provided in the Special Conditions attached hereto and made a part hereof by reference. Except for work specified under the Special Conditions, any work or " materials which may be done or furnished by the Contractor shall be at his own risk, cost and expense, and he hereby agrees that he will make no claim for compensation for work or materials so done or furnished. HOLD HARMLESS: It is further agreed, anything to the contrary herein notwithstanding, that the City, the City Council, its agents or employees shall not be personally liable or responsible in any manner to the Developer, the Developer's Contractor or Subcontractors, material men, laborers, or to any other person or persons whomsoever, for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agreement or performance and completion of the work and the improvements provided herein, and that the Developer will save the City harmless from all such claims, demands, damages, actions or causes of action or the costs, disbursements and expenses of defending the same, including attorneys fees, engineering fees, or other technical or profes- sional assistance, including the work of City Staff and employees. BOND: It is further agreed that the Developer will furnish the City upon execution of this con tact, a corporate surety bond in the amount of se 246, ODD. p�-fwt..47e-714ccs -off) , and also shall furnish proof of insuran6e covering any public liability or property damage by reason of the operation of the Developer's Equipment, laborers and hazard caused by said improve- ment. Said bond shall be conditioned upon the full performance of this contract by the Developer. On failure of the Developer to perform, the City may declare the contract to be in default and the amount of said bond shall be paid over to the City. In the event that the City deems it necessary to foreclose the bond as a result of the Developer's failure to perform this contract, the City shall be reimbursed, from the proceeds of the said bond, for any attorneys fees, engineering fees, or other technical or pro- fessional assistance, including the work of the City staff and employees, and the remainder thereof shall be used by the City to complete the contract, to the extent possible therewith. ROADS: It is further agreed that the City assumes no responsibility for maintenance or snow plowing of the roads, if any, within said project until final completion to City Standards and written acceptance of such roads by the City. Should maintenance or snow plowing be assumed by the City prior to acceptance, such action shall not be considered to imply acceptance by the City. ADMINISTRATIVE COSTS: The Developer agrees that prior to the issuance of building permits, the City Clerk shall collect from the Developer the City's Administrative Costs in the amount of $ , covering the City's out-of-pocket expenses in processing this project. SIGNATURES FOR DEVELOPER: SIGNATURES. FOR THE yITY Off' MEDI , M _1NESOTA (Z6 e/ Mayor Clerk