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<br />CITY COUNCIL <br />AGENDA ITEM 6G <br /> <br /> <br />STAFF ORIGINATOR: Diane Hankee, City Engineer <br /> <br />MEETING DATE: August 22, 2016 <br /> <br />TOPIC: Consider Resolution No. 16-96, Approving Release <br />Agreement for 1599 Birch Street, Birch/Centerville Turn <br />Lane and Utility Improvements <br /> <br />VOTE REQUIRED: 3/5 Vote Required <br /> <br /> <br />INTRODUCTION <br /> <br />Consider approval of the Settlement and Release Agreement for 1599 Birch Street. <br /> <br />BACKGROUND <br /> <br />The Birch Street and Centerville Road turn lane and utility improvement project included <br />extending sanitary sewer service to 1599 Birch Street. After the Project was completed, the <br />Owners expressed dissatisfaction with the gradient of the land adjacent to their driveway, which <br />they claim caused water damage to the driveway. The Owners further assert that the Project <br />caused water intrusion into their basement, and that the City’s contractor chipped the Owners’ <br />exterior stairs. The City denies liability for the claimed damages. <br /> <br />The Owners intend to replace their driveway with a new asphalt driveway, and desire to have <br />the City contribute to the cost of the new driveway. The City and the Owners have agreed to <br />resolve the outstanding dispute which is detailed in the enclosed Settlement and Release <br />Agreement. <br /> <br />RECOMMENDATION <br /> <br />Staff recommends adoption of Resolution No. 16-96, Approving Release Agreement for 1599 <br />Birch Street, Birch/Centerville Turn Lane and Utility Improvements. <br /> <br />ATTACHMENTS <br /> <br />1. Resolution No. 16-96 <br />2. Agreement