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2016-096 Council Resolution
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2016-096 Council Resolution
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Last modified
6/14/2017 12:02:45 PM
Creation date
6/12/2017 11:34:17 AM
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City Council
Council Document Type
Resolutions
Meeting Date
08/22/2016
Council Meeting Type
Regular
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SETTLEMENT AND RELEASE <br />This Settlement and Release is entered into by and between the City of Lino Lakes <br />("the City") and Melissa and Trever Lee ("Owners"), owners of property located at 1599 <br />Birch Street, Lino Lakes, MN 55038. <br />RECITALS <br />1. The City completed road and utility improvements adjacent to Owners' property <br />("the Project"). <br />2. After the Project was completed, Owners expressed dissatisfaction with the <br />gradient of the land adjacent to their driveway, which they claim caused water <br />damage to the driveway. Owners further assert that the Project caused water <br />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 />3. Owners intend to hire a qualified contractor to replace their entire driveway with a <br />new asphalt driveway, and desire to have the City contribute to the cost of the new <br />driveway. <br />4. The City and the Owners have agreed to resolve the outstanding dispute. <br />AGREEMENT <br />In consideration of the mutual promises set forth below, the City and the Owners agree as <br />follows: <br />1. The City waives the permit fee for the driveway replacement. This fee waiver <br />does not eliminate Owners' obligation to obtain any and all requisite permits for <br />work performed at 1599 Birch Street. <br />2. The Owners shall retain a contractor and complete the driveway replacement. All <br />work on the driveway, including the adjacent retaining walls, shall be performed <br />in accordance with City Code. Owner is solely responsible for the final grade of <br />the driveway and all drainage caused by that fmal grade. <br />3. Upon satisfactory completion and inspection of the driveway replacement, <br />including the adjacent retaining walls, Owners shall provide the City with a copy <br />of the contractor's invoice. The City shall forward payment to the contractor in <br />the amount of $2,500. All remaining amounts owed under the invoice shall be <br />paid by the Owners. <br />
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