Loading...
ITEM 3.8 Arbor Creek 3rd Phase 2Request for otSTY 0 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 2