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HomeMy WebLinkAbout2017-131 - CopyCITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINA ESOTA RESOLUTION NO. 2017-131 WHEREAS, Agincourt LLC is the owner of real property identified as PIN 13-029-21-32-0041 (the Property); WHEREAS, on October 18, 2016, the City passed Resolution No. 2016-94, adopting assessments for public improvements identified as Old Village Phase I Street, Drainage and Utility Improvements (the Project), pursuant to Minnesota Statutes, Chapter 429; WHEREAS, the Property, having been specially ben fitted by the Project, was assessed in the sum of $56,000; WHEREAS, Agincourt objected to the assessment and filed an appeal in Minnesota District Court (Court File No. 82-CV-1 6-4897); and WHEREAS, Agincourt has alleged that the assessment exceeded the special benefit conferred upon the Property; WHEREAS, Agincourt and the City have reached a n-1-utual agreement to resolve the appeal, NOW THERFORE, IT IS RESOLVED: The assessment to the Property shall be reduced from_$56,000 to $37,200 and the assessment roll adopted by Resolution 2016-94 shall be modified to reflect this reduction. APPROVED by the Lake Elmo City Council on this 21 " day of November, 2017 By: MikeP—earson Mayor MEDIATED SETTLE, ME NT AGREE EN T This Mediated Settlement Agreement ("Agreement") is made effective the 16"' day of October, 2017, between Agincourt, LLC ("Agincouit") and City of Lake Elmo, Minnesota ("City") relating to the claims and defenses asserted in that action captioned Agincourt, LLC v. Chl qf ake Elmo, 1111innesota; Washington County Court File No.: 82-CV- 16-4897 involving, principally, matters and disputes over the City' s assessment of Agincourt's property located within the City limits for certain sewer, street, and sidewalk improvements, including a levied Phase I assessment against Agincourt's property in the amount of $56,000 ("Phase I Assessment") and the City's pending Phase 11 assessment for street and sidewalk improvements against Agincourt's property in the, amount of $10,800 ("Phase 11 Assessment"), At times in this Agreement, the City and Agincourt may be collectively referred to as the parties, MEDIATION AGRE EMIE ENT Attached and incorporated herein by this reference is the Agreement to Mediate signed by the parties, who each acknowledge that this is a binding agreement relating to settlement of claims asserted in the Dispute as reached through the process of mediation. The parties further acknowledge that, pursuant to the requirements of the Minnesota Civil Mediation Act, they have been advised that: a, the mediator, Timothy C. Cook, has no duty to protect either of their interests or to provide them with any information about their legal rights; b, signing a mediated settlement agreement may adversely affect their legal rights; C. the parties may, and in fact have, consulted with an attorney before signing this Agreement in order that they may be certain of their rights; and adjusted and reduced such that it shall be in the revised assessment amount of $37,20U0 ("Adjusted Phase I Assessment"), 3. Payment of Adinsted Phase I Assessment. The Adjusted Phase I Assessment shall be billed and paid for as provided by the provisions in Minnesota Statutes Chapter 429 through payments on the property tax statements on Agincourt's property, 4, Agreement on Phase 11 Assessment, Agincourt has the right to challenge the City's Phase 11 Assessment in the amount of $10.800,00. Subject to the rights and obligations under this Agreement, Agincourt accepts the Phase 11 Assessment and waives and releases all of its right to assert challenges to the same, including the right to object to the same oil either procedural or substantive grounds, or pursuant to Minnesota Statutes Chapter 429 or tinder any other state statute or common law theory of remedy or relief. U=1 Council rejects the recommendations of the City Administrator and legal counsel to approve this Agreement on November 21, 2017 as provided in Paragraph 1, then Agincourt and the City shall proceed with its claims and defenses in the Lawsuit with respect to the Phase I Assessment challenge at a new trial date to be established by the court. In the event that the Council rejects the recommendations of the City Administrator and legal counsel to approve this Agreement on November 21, 2017 as provided in Paragraph 1, then Agincourt and the City agree that this Agreement -,hall act as notice of objection to the Phase 11 Assessment as required by Chapter 429 and shall be considered served on the City as oft ctober 16, 2017, and that the date on which the City Council rejected this Agreement shall be deemed as the date on which Agincourt shall have 30 days to appeal the Phase 11 Assessment decision by Agincourt Construction, Inc. and Mediated Settlement Agreement City of Lake Elmo h!2170404 Page 3 of 6 8. Non -Admission of I viability. Nothing in this Agreement, including the payment made herein, shall constitute an admission of fault or responsibility by either Agincourt or the City, This settlement is made in compromise of disputed matters, 9, Mediator's Fee, The City and Agincourt shall each pay an equal one-half (1 /2) share of the mediator's fee. 10. SiLmatory AuthorityNoluntan Execution. Each of the signatories to this Agreement acknowledge that they are signing the same of their own free act and deed, after having had full benefit of legal counsel, and without being under any coercion, promise, or commitment, except as those expressly contained herein. Agincourt's signor states that he has secured the necessary authorizations or approvals of Agincourt's respective owners and directors to execute this Agreement, 11. Execution in Counterpart. This Agreement may be signed in counterpart, meaning that not all signatures need appear on the same page of the Agreement for it to be effective, Electronic signatures shall be deemed as originals, M Agincourt Construction, Inc. and Mediated Settlement Agreement City of Lake Elmo #2170404 Page 5 of 6 �P Dated:' r Timo fly C. Coo Mediator ;Dated. Dated: 1 / r fl J Aghicowt Construction, Inc. and A INCO ItT, LLC By: ,'Party sere at ve Attoni had D. Lerlatwtt - CITE' OF LAim, ELIVO, MINNESOTA By: Pal Fi' e ttative A toiney - rriel a L.' ander- zel Mediated Settlement Agreement 92170404 Page 6 of 6 MEDIATION ACCRE EME 1T The undersigned panties agree as follows: f . The undersigned are parties or representatives of parties to the controversy identified as 4ginc urt, LLC v. Cion of Lake Elmo, .r. inn s ta; Washington `ou ty Court File No.: 82-CV-16-4897. They have agreed to seek- to resolve the ont o ers through mediation, . Each _party aelmowfedges that the mediator has given therm written notice that (a the mediator has no duty to protect their interests or provide them with information about their legal rights; (b) signing a mediated settlement agreement may adversely affect their legal rights; and e they should consult an attorney before signing a mediated settlement agreement if they are uncertain about their rights: 3. The parties fiuther aelc owled e that prior to the cdminencer ent of the mediation, they were provided with a written disclosure of the qualifications of the rrrediator, including'a description of the mediator's educational al background and relevant training and experience in mediation. The parties acknowledge that participation in the mediation is voluntary and may be terminated at any time by any party, their representative or the mediator upon notice to the other parties. The provisions o: the mediation statute with respect to the termination o mediation only upon ,written .notice are hereby waived. 5. The parties agree that a all statements, documents and disclosures made or revealed ,it the mediation will be treated as settlement discussions under~ the riles of`evidence and will be inadmissible by any person unless offered by the person giving the statement, revealing the document or making the disclosure; and: b the mediator will not be compelled to give testimony at a deposition or trial, or by other means or at other times, as to a matter learned through the mediation, except to prove the existence or terms of a settlement agreement `NvI ich i made at or through the mediation session or process. 6. 7rdess otherwise agreed in a signed Mediated Settlement Agreement, each mediation participant and their counsel are collectively responsible for their ,pro xata share of the mediator's fee;. In some instances, multiple parties with common interests represented by single counsel shall be considered a single mediation participant, and shall pay a single pro ratta share unless otherwise agreed during the mediation process. In some instances, a single party with multiple attorneys representing different interests or claims may be assessed several fractions of the fee, finless otherwise agreed duffing the mediation process, Final allocation of fees shall be in the mediator's reasoned discretion, which shall be exercised fairly under the mediation circumstances.