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HomeMy WebLinkAboutCC RES 79-060 A RESOLUTION AUTHORIZING THE MAYOR AND MANAGER TO SIGN FIRST AMENDMENT TO AGREEMENT NO. 80228 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 105956 Box: 36 Folder: CC RES 1979 Document: CC RES 79-060 A RESOLUTION AUTHORIZING THE MAYOR AND MANAGER TO SIGN FIRST AMENDMENT TO AGREEMENT NO. 80228 T P. RESOLUTION 79-060 A RESOLUTION AUTHORIZING THE MAYOR AND MANAGER TO SIGN FIRST AMENDMENT TO AGREEMENT NO. 80228 WHEREAS , the City of St. Anthony desires to have the Hennepin County Assessor's Office perform assessing services for the 1980 property assessment. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves First Amendment to Agreement No. 80228, and authorizes the Mayor and City Manager to execute the agreement on behalf of the City. "-k Adopted this o� day of �.z � - 1979 . Mayor ATTEST: Reviewed for Administration : ..� • FIRST AMENDMENT TO AGREEMENT NO. 80228 THIS AGREEMENT, Entered into by and between the COUNTY OF HENNEPIN, a political subdivision of the State of Minnesota, hereinafter called " COUNTY" , and the CITY OF ST. ANTHONY, a politcal subdivision of the State of Minnesota, hereinafter called "CITY" ; WHEREAS, the COUNTY and the CITY entered into that certain Agreement dated November 16, 1978, bearing Agreement No. 80228 wherein the County, through its County Assessor, performed the 1979 property assessment for the City; and WHEREAS, said parties desire to amend said Agreement so that the County Assessor may perform the 1980 property assessment for the City. NOW, THEREFORE, the parties hereto do mutually agree as follows: A. Paragraph 1 of said Agreement is hereby amended by adding the following to the end thereof: The COUNTY shall also perform the 1980 property assessment for the CITY. Said assessment shall be accomplished in accordance with property assessment procedures and practices established and observed by the COUNTY, the validity and reasonableness of which are hereby acknowledged and approved by the CITY. Any such practices and procedures may be changed, from time to time, by the COUNTY in its sole judgment, when good and efficient assessment procedures so require. The property assessment by the COUNTY shall be composed of those assessment services which are set forth in Exhibit A, attached hereto and made a part hereof by this reference, provided that the time frames set forth therein shall be considered to be approximate only and the failure of the COUNTY to perform any service within the same shall • not be construed as being violative of any term of this Agreement. Except as may be further agreed to in writing by the parties hereto, the COUNTY shall not be responsible to perform any service set forth in Exhibit A or contemplated herein for the 1980 assessment after July 15 , 1980. B. Paragraph 11 is hereby revised to read as follows : Any reduction in local government aid payments as a result of an assessment dispersion penalty, as set forth in Minnesota Laws 1977 , Chapter 423, Art. VI , Sec. 13, or as otherwise amended, shall be borne solely by the CITY. C. Paragraph 12 of said Agreement is hereby amended by adding the following to the end thereof: This Agreement shall terminate on July 15 , 1980 . Nothing herein shall preclude the parties , prior to the end of this Agreement, from agreeing to cancel this contract prior to the above termination date in the event the CITY employs an Assessor to take over and assume any remaining responsiblity for the 1980 assessment. If cancellation occurs, the COUNTY shall be relieved of any and all responsibility for any uncompleted portion of the 1980 assessment, provided that the COUNTY May bill the CITY for any contract work whatsoever performed up to the date of cancellation, and the CITY shall pay for said work before the end of September 1980 . It is understood that the great preponderance of services to be performed hereunder is set forth in items 1 and 2 of Exhibit A, and, accordingly, the great preponderance of the cost of such services is allocated to said items. If the CITY should cancel this Agreement as above • provided, before the completion of the 1980 property assessment by the COUNTY, the CITY agrees to defend, indemnify and hold the COUNTY, its officers, agents and employees harmless from any liability that might ensue as a result of the noncompletion of such 1980 property tax assessment. D. Paragraph 13 of said Agreement is hereby amended by adding the following to the end thereof : In consideration of said 1980 property assessment services, the CITY agrees to pay the COUNTY the sum of Thirteen Thousand Four Hundred ($13,400. 00) Dollars , provided that said sum may be adjusted by the COUNTY, when needed, if the costs of carrying out any aspect of this Agreement increase. The COUNTY shall give written notification of any cost increase by August 1 , 1980. Supportive records of the cost increase will be open to inspection by the CITY at such times as are mutually agreed upon by the COUNTY and CITY. Payment for the herein 1980 assessment services shall be made in September 1980. • Except as herein amended, the terms, conditions and provisions of said Agreement dated November 16 , 1978 , bearing Agreement No. 80228, shall apply to and govern this Amendment of said Agreement. It is understood that this • . Amendment in no manner modifies the scope of responsibilities of the County with respect to the 1979 assessment, nor does said Amendment affect the September 1979 due period for payment by the City for said 1979 assessment services. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by its duly authorized officers and delivered on its behalf, this r7 day of Q 1979 . COUNTY OF HENNEPIN, STATE OF MINNESO'. Upon proper execution, this agreement will be legally valid and binding. By: —� - Chai m of County Board ist Attorney And: Date: De ty ounty Administrator ATTEST: APPROVED AS TO EXECUTION: puty County Auditor CITY OF ST. ANTHONY Assistant County Attorney Date: By: Its And: Its CITY MUST CHECK ONE: The City is organized pursuant to: Plan A Plan B Charter •