HomeMy Public PortalAbout2022-95 - Reso Accepting Reserve of Medina 2nd Street ImprovementsResolution No. 2022-95
November 1, 2022
Member Albers introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2022-95
RESOLUTION ACCEPTING STREET IMPROVEMENTS WITHIN
THE RESERVE OF MEDINA 2ND 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 2nd 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, pursuant to the terms of the Agreement, the Developer completed
construction of sanitary sewer, water, and stormwater infrastructure improvements in 2020 and the
City subsequently accepted the sanitary sewer and water improvements as public improvements;
and
WHEREAS, the Developer has now completed construction of the street improvements
within the Subdivision (the “Street Improvements”); and
WHEREAS, the city engineer has inspected the Street 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 Street Improvements was
$419,278.00; 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
Subdivision 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 Street Improvements, as public improvements upon the date
of this resolution or the date indicated on the warranty bond, whichever is later. Thereafter,
Resolution No. 2022-95 2
November 1, 2022
the City shall maintain the Street Improvements as public improvements, except as
provided for herein.
2. The Developer shall remain responsible to repair or replace defective portions of the Street
Improvements if they show signs of failure within two years of acceptance, normal wear
and tear excepted.
3. If the Developer fails to repair or replace defective portions of the Street Improvements as
required herein and pursuant to the Development Agreement, the City may 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: Reid)
None
Whereupon said resolution was declared duly passed and adopted.