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HomeMy WebLinkAbout2016-096 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 16-96 RESOLUTION APPROVING SETTLEMENT AND RELEASE AGREEMENT FOR 1599 BIRCH STREET WHEREAS, The City completed road and utility improvements adjacent to Owners' property ("the Project"). WHEREAS, 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. The City denies liability for the claimed damages; WHEREAS, 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. WHEREAS, The City and the Owners have agreed to resolve the outstanding dispute. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes and the Owners have agreed to said Settlement and Release Agreement. Adopted by the Council of the City of Lino Lakes this 22nd day of August, 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member Kusterman and was duly seconded by Council Member Manthey and upon vote being taken thereon the following voted in favor thereof: Kusterman, Manthey, Maher, Rafferty, Re' The following voted against same: none ATI EST: u e Bartell, City Clerk Jeff Reinert, a r CITY COUNCIL AGENDA ITEM 6G STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: August 22, 2016 TOPIC: Consider Resolution No. 16-96, Approving Release Agreement for 1599 Birch Street, Birch/Centerville Turn Lane and Utility Improvements VOTE REQUIRED: 3/5 Vote Required INTRODUCTION Consider approval of the Settlement and Release Agreement for 1599 Birch Street. BACKGROUND The Birch Street and Centerville Road turn lane and utility improvement project included extending sanitary sewer service to 1599 Birch Street. After the Project was completed, the Owners expressed dissatisfaction with the gradient of the land adjacent to their driveway, which they claim caused water damage to the driveway. The 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. The Owners intend to replace their driveway with a new asphalt driveway, and desire to have the City contribute to the cost of the new driveway. The City and the Owners have agreed to resolve the outstanding dispute which is detailed in the enclosed Settlement and Release Agreement. RECOMMENDATION Staff recommends adoption of Resolution No. 16-96, Approving Release Agreement for 1599 Birch Street, Birch/Centerville Turn Lane and Utility Improvements. ATTACHMENTS 1. Resolution No. 16-96 2. Agreement 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 fmal 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. 4. In consideration of the payment of $2,500 and the waiver of the requisite permit fee, Owners hereby release and forever discharge the City and its agents, employees, administrators and insurers from any and all claims, actions, causes of action, liability and demands whatsoever, alleged or not alleged, that now exist or may hereafter exist, as a consequence of or arising out of the Project. 5. The parties acknowledge that there are no covenants, promises, representations or agreements outside of this Settlement and Release and that this agreement supersedes all previous agreements and discussions. 6. This Settlement and Release shall be construed and interpreted in accordance with the laws of the State of Minnesota. 7. By signing this Settlement and Release, all parties acknowledge that they have read this document, that each party has been represented by legal counsel or has had the opportunity to obtain such legal advice as necessary with respect to settlement of this dispute, and that the undersigned is fully authorized to bind the respective party. City of Lino Lakes By: Jeff Reinert, Mayor Attest: Julianne Bartell, Clerk Owners Melissa Lee Trever Lee Dated: Dated: Dated: Dated: