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.