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HomeMy WebLinkAboutResolution 8220 RESOLUTION NO. 8220 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS WHEREAS,in February of 2013,the City of Mounds View,Minnesota(hereinafter"City") and its contractors performed repair work on private sanitary sewer lines on Property owned by Pleasant Lake Properties,LLC (hereinafter, "Pleasant Lake")located at 2508 County Road I in the City(hereinafter, "Property"), and in the County Road I right-of-way adjacent to the Property; and WHEREAS, on October 29, 2013, the City provided to Pleasant Lake proper notice of its intent to assess the costs of the sewer repair work performed in February of 2013 in the amount of $50,165.31 against the Property; WHEREAS, on November 5, 2013, Pleasant Lake, through its counsel, asserted written objections to the special assessment in the amount of$50,165.31 against the Property; WHEREAS,the Mounds View City Council,pursuant to the requirements of Minn.Stat.Ch. 429, properly noticed and held a special assessment hearing on November 25, 2013 to prepare for assessment roll the amount of$50,165.31 on the Property; WHEREAS,Pleasant Lake,through its representatives,appeared at the assessment hearing held on November 25, 2013 to present their objections to the assessment; WHEREAS, after discussion regarding the proposed assessment, the Mounds View City Council continued consideration of the special assessment to a future meeting to allow the City and Pleasant Lake an opportunity to discuss potential resolution of the dispute between the parties regarding the special assessment; WHEREAS, the City and Pleasant Lake through their representatives have discussed, negotiated and reached an agreement to resolve their dispute through a written Settlement Agreement, a copy of which is attached as Exhibit A. NOW,THEREFORE,BE IT RESOLVED by the Mounds View City Council that the recitals set forth in this Resolution are incorporated into and made a part of this Resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED by the Mounds View City Council that the City agrees to accept and approve the Settlement Agreement proposed by and between the City and Pleasant Lake, regarding the sewer repair work performed by the City on the Property owned by Pleasant Lake and in the County Road I right-of-way adjacent to the Property located at 2508 County Road I in the City. 439607v3 RJR MU210-225 NOW,THEREFORE,BE IT FURTHER RESOLVED that the Mounds View City Council, in authorizing the settlement of this matter, also authorizes the Mayor and City Administrator to execute on behalf of the City any documents that are necessary in order to effectuate the terms of the Settlement Agreement and this Resolution. NOW,THEREFORE,BE IT FINALLY RESOLVED by the Mounds View City Council that the Mayor and City Administrator,staff and consultants are hereby authorized and directed to take any and all additional steps and actions necessary or convenient in order to accomplish the intent of this Resolution. Adopted by the City Council of the City of Mounds View this 24th day of February,2014. 1 yFiaherty o ATTEST: c LcAVYtza James Ericson, City Administrator (seal) EXHIBIT "A" SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is entered into this 24th day of February, 2014, between Pleasant Lake Properties,LLC(hereinafter"Pleasant Lake"),the owner of property located at 2508 County Road I in Mounds View, Minnesota (PID# 08.30.23.22.0030) (hereinafter the "Property") and the City of Mounds View, Minnesota(hereinafter"City"). WHEREAS,in February of 2013,City and its contractors performed repair work on sanitary sewer lines on the Property and in the County Road I right-of-way adjacent to the Property; and WHEREAS,on October 29,2013,City sent a letter to Pleasant Lake providing notice of its intent to assess the costs of the sewer repair work performed in February of 2013 against the Property; and WHEREAS, Pleasant Lake asserted written objections to the proposed $50,165.31 assessment against the Property; and WHEREAS, an assessment hearing was held on November 25, 2013 by the Mounds View City Council pursuant to the requirements of Minn. Stat. Ch. 429; and WHEREAS,representatives of Pleasant Lake appeared at the assessment hearing to present their objections to the assessment; and WHEREAS, after discussion regarding the proposed assessment, the Mounds View City Council continued consideration of the assessment to a future meeting to give the City and Pleasant Lake an opportunity to discuss potential resolution of the dispute between the City and Pleasant Lake; and WHEREAS, representatives of the City and Pleasant Lake have reached an agreement to resolve their dispute. NOW, THEREFORE, City and Pleasant Lake agree as follows: 1. Payment. In reliance on City's representation and release in paragraph 2 below, Pleasant Lake agrees to pay City$30,000.00 (Thirty Thousand and No/100 Dollars). Said payment shall be made in a single installment on or before February 24, 2014 by delivering a check payable to the City of Mounds View to City Administrator James Ericson. It is contemplated by the City and Pleasant Lake that a contemporaneous delivery of the check will occur at the time of the City's adoption of this Agreement at the City's regularly-scheduled Council meeting on February 24, 2014. 2. Release. City represents that all work required to repair the sanitary sewer line associated with the February 2013 incident is completed, with the exception of the placement of new pavement on County Road I as required by the County in response to the damage caused by the sewer repair work. In consideration of Pleasant Lake's payment referred to in paragraph 1 above,City agrees to release Pleasant Lake from any further payment for the sewer repair work completed in February 2013 that was performed on the Property and in the right-of-way of County Road I adjacent to the Property,and for the placement of new pavement on County Road I as required by the County. Said release shall only apply to costs incurred to complete the repairs for the February 2013 incident and to place the required new pavement on County Road I made necessary by the February 2013 sewer repair work. 3. Assessment. In consideration of Pleasant Lake's payment referred to in paragraph 1 above, City agrees not to impose a special assessment against the Property for costs specifically associated with the February 2013 sewer repairs. 4. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota. 5. Counterparts. This Agreement may be executed in multiple counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same document. 6. Recitals. The recitals set forth above are incorporated herein by reference as if fully set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement below. CITY OF MOUNDS VIEW PLEASANT LAKE PROPERTIES, LLC Joe Flaherty Rajiv Garg Mayor President Dated: February 24, 2014. Dated: February 24, 2014. James Ericson City Administrator Dated: February 24, 2014.