HomeMy WebLinkAboutResolution - 2009-63 - Declaring Manley Land Development in Default - 10/06/2009 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2009-63
A RESOLUTION DELCARING MANLEY LAND DEVELOPMENT,INC. IN DEFAULT
AND TERMINATING ITS RIGHT TO COMPLETE LANDSCAPING AGREEMENTS
WHEREAS, Manley Land Development, Inc. and City entered into a Developers
Agreement (the "Developers Agreement") for The Heritage-Manley Land Development (the
"Heritage")on August 7, 2001; and
WHEREAS, the Developers Agreement requires a landscape plan and tree replacement
plan; and
WHEREAS, City and Manley Land Development entered into a landscape agreement
dated August 6, 2004(the"Landscape Agreement"); and
WHEREAS, the Developers Agreement and the Landscape Agreement require a bond;
and
WHEREAS, Cincinnati Insurance issued Performance Bond Number 442202 listing
Manley Land Development as the contractor and the City of Eden Prairie as the owner with a
construction contract amount of$35,115.00 on August 9, 2004(the"Bond") ; and
WHEREAS, the penal sum of the Bond was reduced from $35,115.00 to $15,000.00 by
change rider dated August 9,2007; and
WHEREAS, as of July 16, 2009 the approved landscape/tree replacement plan had not
been fully implemented; and
WHEREAS, City sent notice to Manley Land Development, Inc. on July 20, 2009 of the
failure of Manley Land Development, Inc. to complete the landscape/tree replacement plan at the
Heritage; and
WHEREAS, as required by, City notified the Manley Land Development, Inc. and
Cincinnati Insurance that City was considering declaring a contractor default and requested a
conference with Manley Land Development, Inc. and Cincinnati Insurance to be held no later
than 15 days after receipt of such notice to discuss methods of performing the construction
contract; and
WHEREAS, City and Cincinnati Insurance met by telephone conference on August 31,
2009 as required by the Bond. Manley Land Development was notified of the conference and
failed to participate; and
WHEREAS, twenty days have passed since the date of the contactor, surety and owner
conference.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND
ORDERS AS FOLLOWS:
a. City declares Manley Land Development, Inc. in default of the Developers Agreement
dated August 7, 2001 and the Landscape Agreement dated August 6,2004.
b. City hereby terminates Manley Land Development's right to complete the landscaping
required by the Development Agreement and the Landscape Agreement.
ADOPTED by the City Council on October 5, 2009.
P Young,Maya
(Seal)
ATTEST:
Ka teen Porta,City CIerk