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HomeMy Public PortalAbout2022-94 - Reso Accepting Reserve of Medina 3rd Utility ImprovementsResolution No. 2022-94 November 1, 2022 Member Albers introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2022-94 RESOLUTION ACCEPTING PUBLIC UTILITIES WITHIN THE RESERVE OF MEDINA 3rd 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 3rd Addition for the purpose of developing single family lots; and WHEREAS, the Developer and the City have previously entered into an agreement dated June 21, 2021 (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 “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 Improvements was $330,746.00 for the sanitary sewer and $346,381.00 for the watermain, the total amount of the Improvements was $677,127; 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 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 Improvements as public improvements and shall maintain them, except as provided for herein. Resolution No. 2022-94 2 November 1, 2022 2. The Developer shall remain responsible to repair or replace defective portions of the 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 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 Improvements is subject to the terms and conditions of the letter from the city engineer dated October 26, 2022. 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: November 1, 2022. By: ______________________ Kathleen Martin, Mayor Attest: By: _________________________ Caitlyn Walker, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Martin and upon vote being taken thereon, the following voted in favor thereof: Albers, Cavanaugh, DesLauriers, Martin And the following voted against same: (Absent: None) None Whereupon said resolution was declared duly passed and adopted.