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Page 1 of 1 <br /> Sandy: as i read this i was trying to think of a situation where this request has come up in other cities i have worked <br /> with. i can't think of a situation where a city has partially accepted improvements. typically the city would not accept <br /> an improvement from a developer until all of the improvements have been completed and the city engineer has <br /> inspected the improvements and indicated that they have been completed and have been constructed to city <br /> standards. not having all of the background on what is completed by the developer and what has not been <br /> completed it seems to make sense that the city council did not accept the roads. if the council changes its position <br /> and agrees to plow in advance of final acceptance(which generally i would discourage)then i think we need to <br /> amend the development agreement to reflect this arrangement and be very specific about what the terms and <br /> conditions of plowing will be and that the city will not be responsible for damages as the city has not accepted the <br /> road. even though the developer agrees to indemnify the city for damages(and also waive any claims against the <br /> city for damages)we need to make sure there if sufficient insurance in place and as well sufficient security to finish <br /> the improvements that remain to be completed. the caveat to all of this is that once the city decides to start plowing <br /> a road it suggests that the road is a public road. also the city should be prepared for similar requests from other <br /> developers in the future since this would be an exception to the general rule of not plowing or maintaining roads until <br /> they are completed and accepted by the city. <br /> let me know if you need anything else on this. <br /> From: Sandy Peine [mailto:speine @pequotlakes-mn.gov] <br /> Sent: Friday, November 02, 2007 2:12 PM <br /> To: Paul Sandelin <br /> Subject:Trailside Estates <br /> Paul, <br /> The city has not accepted the roads to the Trailside Estates Development and does not anticipate this happening <br /> until next spring. The developer has asked the City to plow the roads this year. At the October Council meeting the <br /> Council voted not to plow the roads. However, Corky(the developer) has requested the Council to reconsider its <br /> decision. It will be on November's agenda. <br /> Can you give me you advice as to what the Council should/could do. We realize that we would need some kind of <br /> indemnification in case we(the city)damages something while plowing.Any advice before Tuesday evening would <br /> be appreciated. <br /> Sandy Peine <br /> City Clerk <br /> City of Pequot Lakes <br /> 4638 County Wpad 11 <br /> Pequot Lakes, 9115V56472 <br /> 218-568-5222 <br /> 218-568-5860(fa.) <br /> speine@tequotfakes-mmgo <br /> wurw.pequotlakes-mn.gov <br /> 11/5/2007 <br />