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HomeMy WebLinkAboutCity Council Resolution 2008-379CITY OF PLYMOUTH RESOLUTION NO. 2008-379 APPROVE CURB REPLACEMENT AGREEMENT WITH U.S. HOME CORP. FOR TARYN HILLS (2005045) AND TARYN HILLS 2ND ADDITION (2006018) WHEREAS, the public streets in Taryn Hills were accepted for continuous maintenance by the City on November 27, 2007 and public streets in Taryn Hills 2" a Addition were accepted for continuous maintenance by the City on April 8, 2008; and WHEREAS, a one-year maintenance bond was posted for warranty purposes for Taryn Hills and Taryn Hills 2" a Addition; and WHEREAS, since the time that the streets were accepted by the City, there are a number of areas where the curbs have been damaged by constriction or building activities; and WHEREAS, the one-year maintenance bond has expired for the first phase and the bond for the 2" a addition will expire before both replacements can be completed; and WHEREAS, the contractor is responsible for the initial curb installation in both developments; and WHEREAS, Enebak Constriction has fulfilled their obligation to replace curbing for which they are directly responsible and the remaining curb replacements are the responsibility of U.S. Homes Corp.; and WHEREAS, there is no direct budget impact if the proposed agreement is approved and there are sufficient fiinds in the existing Letter of Credit for Taryn Hills to cover the cost of curb replacement in the event that the City has to complete the work. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the Curb Replacement Agreement with U.S. Home Corp. be approved and authorizing signature of the agreement by the City Manager. Adopted by the City Council on December 9, 2008. Resolution No. 2008-379 Page 2 STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on December 9, 2008, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk