ITEM 3.8 Arbor Creek 3rd Phase 2Request for
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C1 2�0 City Council Action
MINNESOTA
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE:
Public Works City Engineer Wagner February 10, 2014
PRESENTER(s): REVIEWED BY: ITEM #:
City Engineer Wagner City Administrator Johnson 3.8
AGENDA ITEM DETAILS
RECOMMENDATION:
City Staff recommends approval of a Snow Plowing and ice Control Agreement with Centra Homes for
Arbor Creek 3rd Phase 2.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
Yes No
BACKGROUND/JUSTIFICATION:
Centra Homes, the developer of Arbor Creek 3rd Phase 2, has requested the City of Otsego provide snow
plowing and ice control for the streets within the uncompleted subdivision. The developer's agreement
states if the streets are not complete and therefore not accepted the developer must enter into an
agreement with the City for snow plowing and ice control. Within that agreement the City will
determine appropriate costs to be paid to the City and that the developer will indemnify the City of any
issues that may occur from the snow plowing and ice control. The City Attorney has prepared an
agreement which is attached. Staff expects to use this as a template for other requests from other
developers. The main reason for the agreement is without the streets being 100% complete, damage to
the base asphalt course and/or curbs can occur and the City should be removed from any liability.
SUPPORTING DOCUMENTS: X ATTACHED X NONE
• Snow Plowing and Ice Control Agreement
MOTION: (Please word motion as you would like it to appear in the minutes.)
Motion to approve Snow Plowing and Ice Control Agreement with Centra Homes in Arbor Creek 3rd
Phase 2.
BUDGET INFORMATION
FUNDING: I BUDGETED: YES
Paid by Developer
X NO
ACTION TAKEN
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
COMMENTS:
AGREEMENT BETWEEN THE CITY OF OTSEGO AND CENTRA.
HOMES, LLC RELATIVE To SNOW PLOWING AND ICE REMOVAL
WITHIN ARBOR CREEK THIRD ADDITION
THIS AGREEMENT made this day of February, 2014 between the City of
Otsego (CITY), a Minnesota municipal corporation and Centra Homes, LLC
(DEVELOPER), a Minnesota limited liability company.
WHEREAS, CITY and DEVELOPER previously entered into a Developer's
Agreement regarding portions of ARBOR CREED. THIRD ADDITION
designated as PHASE 2; and
WHEREAS, DEVELOPER has completed base course bituminous on the streets
with the area of ARBOR CREED. THIRD ADDITIOON designated as PHASE 2,-
and
;and
WHEREAS, CITY, through its City Engineer, has notified DEVELOPER of
certain deficiencies related to the first course of bituminous; and
WHEREAS, the designated streets have not been accepted by CITY as City
streets; and
WHEREAS, DEVELOPER has requested that CITY undertake snow plowing of
said streets prior to City acceptance.
Now, THEREFORE IT IS AGREED Between the Parties as follows:
1. CITY will undertake snow plowing and ice removal of the following streets
w*thin ARBOR CREED THIRD ADDITION; MacKenzie Avenue between
7 8'h Street and Marlowe Avenue, Marlowe Avenue between MacKenzie
Avenue and 78th Street, and 78th Street between MacIver Avenue and
Marlowe Avenue prior to their acceptance by CITY, subject to the terms
and conditions of this Agreement.
2. DEVELOPER shall hold harmless and fully indemnify CITY its officers,
agents, contractors and employees from any claim or cause of action of
whatever nature related to CITY snowplowing or ice removal of the
designated streets, except for claims or causes of action related to the gross
negligence of CITY its officers, agents, contractors or employees.
3. DEVELOPER aclmowle dges and agrees that the snow plowing and ice
removal undertaken by CITY constitutes no evidence of acceptance of the
streets listed, and DEVELOPER will make no claim or representation that
such work does constitute evidence of acceptance of the streets by CITY.
4. DEVELOPER shall promptly pay when billed all CITY costs for
snowplowing and ice removal at the rates set forth on the approved City fee
schedule. In the event that CITY billing is not paid within 3 O days of
receipt CITY may add interest and penalty to the bill. In the event that the
bill is not paid within 60 days of receipt CITY may assess the amount owed
plus accrued interest, penalties and City incurred and related costs against
any real property within ARBOR CREED THIRD ADDITION owned by
DEVELOPER. DEVELOPER hereby consents to said assessment and
herein waives any hearings, any irregularities in proceedings and any and
all right of appeal including, but not limited to, the right of appeal under
Minn. Stat. 429.081.
CITY OF OTSEGO
Jessica Stockamp, Mayor
Taini Loff, City Clerk
CENTRA HOMES, LLC
By:
Its
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