08-22-2016 Council Packet - Laserfiche WebLink

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SETTLEMENT AND RELEASE This Settlement and Release is entered into by and between the City of Lino Lakes (“the City”) and Melissa and Trever Lee (“Owners”), owners of property located at 1599 Birch Street, Lino Lakes, MN 55038. RECITALS 1. The City completed road and utility improvements adjacent to Owners’ property (“the Project”). 2. After the Project was completed, Owners expressed dissatisfaction with the gradient of the land adjacent to their driveway, which they claim caused water damage to the driveway. Owners further assert that the Project caused water intrusion into their basement, and that the City’s contractor chipped the Owners’ exterior stairs. The City denies liability for the claimed damages. 3. Owners intend to hire a qualified contractor to replace their entire driveway with a new asphalt driveway, and desire to have the City contribute to the cost of the new driveway. 4. The City and the Owners have agreed to resolve the outstanding dispute. AGREEMENT In consideration of the mutual promises set forth below, the City and the Owners agree as follows: 1. The City waives the permit fee for the driveway replacement. This fee waiver does not eliminate Owners’ obligation to obtain any and all requisite permits for work performed at 1599 Birch Street. 2. The Owners shall retain a contractor and complete the driveway replacement. All work on the driveway, including the adjacent retaining walls, shall be performed in accordance with City Code. Owner is solely responsible for the final grade of the driveway and all drainage caused by that final grade. 3. Upon satisfactory completion and inspection of the driveway replacement, including the adjacent retaining walls, Owners shall provide the City with a copy of the contractor’s invoice. The City shall forward payment to the contractor in the amount of $2,500. All remaining amounts owed under the invoice shall be paid by the Owners.