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HomeMy Public PortalAbout2022-113 - Resolution Accepting Utility Impr - Marsh Pointe PreserveResolution No. 2022-113 December 20, 2022 Member Reid introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2022-113 RESOLUTION ACCEPTING PUBLIC UTILITIES WITHIN THE MARSH POINTE PRESERVE WHEREAS, the City of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, BPS Properties, LLC (the “Developer”) has constructed improvements within the platted development known as the Marsh Pointe Preserve for the purpose of developing single family lots; and WHEREAS, the Developer and the City have previously entered into an agreement dated May 17, 2022 (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 public sanitary sewer and watermain infrastructure improvements (the “Improvements”), to serve the units within the Development; and WHEREAS, the public 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 $461.072.70 for the sanitary sewer and $302,258.50 for the watermain, the total amount of the Improvements was $763,331.20; and WHEREAS, the Development Agreement requires the Developer or the Developer’s contractor to submit a warranty bond guaranteeing repair or replacement of any defects in the Improvements for two years following completion as a condition of being accepted by the City. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota as follows: 1. The City hereby accepts the Improvements, as public improvements upon the date of this resolution or the date indicated on the warranty bond, whichever is later. Thereafter, the City shall maintain the Improvements as public improvements, except as provided for herein. Resolution No. 2022-113 2 December 20, 2022 2. The Developer shall remain responsible to repair or replace defective portions of the Improvements if they show signs of failure within two years of date of this resolution or the date indicated on the warranty bond, whichever is later, 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 December 15, 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: December 20, 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 Cavanaugh and upon vote being taken thereon, the following voted in favor thereof: Albers, Cavanaugh, DesLauriers, Reid, Martin And the following voted against same: None Whereupon said resolution was declared duly passed and adopted.