HomeMy WebLinkAboutItem 06.j
Date: July 5, 2016 Item No.
APPROVE AN AGREEMENT WITH DANIEL V. CURTIN AND PATRICIA A.
CURTIN REGARDING DISMISSAL OF THE PENDING ASSESSMENT APPEAL
RELATED TO CITY PROJECT NO. 15-02
Proposed Action
Staff recommends adoption of the following motion: Approve an agreement with Daniel V.
Curtin and Patricia A. Curtin, husband and wife, regarding dismissal of the pending assessment
appeal related to the 2015 Street Reconstruction Project, City Project No. 15-02
Approval of this contract will dismiss the pending assessment appeal filed by the Curtins in
conjunction with the 2015 Street Reconstruction Project.
Overview
The Curtins filed an appeal of the assessment to be levied in conjunction with the 2015 Street
Reconstruction Project, City Project No. 15-02. This appeal was filed in accordance with State
Statute 429.
The driveway patch installed at the Curtin’s property last year required corrective work to
better match the driveway taper at the street that existed prior to construction. The Curtins
desired to have their entire driveway replaced by their own contractor, and agreed to dismiss
the pending assessment appeal if the City’s contractor would compensate their private
contractor for replacing that portion of their driveway that required corrective work.
Primary Issues to Consider
• Will the City be required to warranty any portion of this new driveway that will be installed
by a private contractor? No, with the agreement the City will be relieved of any future
warranty issues associated with the new driveway.
Supporting Information
• A copy of the agreement is attached.
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Monica Heil, Operations and Maintenance Engineer
0 N/A
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT
CASE TYPE: Assessment Appeal
In Re the matter of:
Daniel V. Curtin and Patricia A. Curtin,
Court File No. 19HA-CV-15-1273
Petitioners,
v. STIPULATION OF DISMISSAL WITH
PREJUDICE, ORDER AND JUDGMENT
City of Lakeville,
a Minnesota Municipal Corporation,
Respondent.
TO: COURT ADMINISTRATOR OF THE ABOVE-NAMED COURT.
PLEASE TAKE NOTICE that pursuant to Minn. R. Civ. P. 41.01, the parties agree to
dismiss this action with prejudice and without further costs, disbursements or fees to any party.
PETITIONERS:
Date: 6~9
7
,2016 r8~~.
Daniel V. Curtin ---
Date: {p / ~ C;
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Patricia A. Curtin
CAMPBELL KNUTSON
Professional Association
Date: , 2016 By: -------------- Soren M. Mattick, #27785X
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
Attorneys for Respondent
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ORDER
Based upon the Stipulation of the Parties, IT IS HEREBY ORDERED that these
matters be dismissed with prejudice and without further cost to any party.
Let JUDGMENT be entered accordingly.
Dated: BY THE COURT:
Judge of District Court
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AGREEMENT
This AGREEMENT is made and entered into by and between DANIEL V. CURTIN
and PATRICIA A. CURTIN, husband and wife (together "Curtins"), and the CITY OF
LAKEVILLE, a Minnesota Municipal Corporation ("City").
WHEREAS, the City undertook a 2015 Street Reconstruction Project ("Project"), which
included removal and replacement of the majority of a driveway located in the City's right of
way adjacent to the property located at 16262 Greenbriar Court, Lakeville MN ("Subject
Property");
WHEREAS, the City levied an assessment against the Subject Property based on the
Project.
WHEREAS, the Curtains, as owners of the Subject Property, appealed the assessment
against the Subject Property in Dakota County District Court, case number 19HA-CV-15-1273.
NOW, THEREFORE, in consideration of the terms contained herein, the Parties hereby
agree as follows:
SECTION 1. Assessment Appeal. The Curtins agree to dismiss with prejudice the pending
assessment appeal filed in Dakota County District Court under case number 19HA-CV-15-1273.
The Curtins hereby waive any and all claims arising from the Project.
SECTION 2. Work. The City will not replace the Curtins' driveway as part of the Project.
Instead, the Curtins will contract with a private contractor to replace the entire driveway,
including those portions lying outside the City's right of way ("Work").
SECTION 3. Payment. The general contractor for the City, Ryan Contracting, will
compensate the private contractor in the amount of two thousand five hundred eighty six dollars
($2,586.00) upon completion of the Work.
SECTION 4. Release and Indemnification. To the fullest extent permitted by law, the
Curtins and their successors and assigns agree to release, defend, protect, indemnify, save and
hold harmless the City, its officers, agents, employees, and contractors, of and from any and all
suits, actions, claims, demands, losses, costs, damages, liabilities, fines, expenses and penalties
(including reasonable attorney's fees) arising out of or by reason of the construction, maintenance,
repair, modification, removal, and/or existence of the driveway, including the area surrounding
the curb stop valve in the driveway, and the execution or performance of the Work provided for
herein, and further agree to defend at their sole cost and expense any action or proceeding
commenced for the purpose of asserting any claim of whatsoever character arising hereunder.
This indemnity obligation shall survive the completion or termination of this Agreement.
SECTION 5. Miscellaneous.
A. Governing Law. This Agreement shall be governed by the laws of the State of
Minnesota.
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B. Severability. If any provision, term, or condition of this Agreement is found to be or
become unenforceable or invalid, it shall not affect the remaining provisions, terms, and
conditions of this Agreement, unless such invalid or unenforceable provision, term, or
condition renders this Agreement impossible to perform. Such remaining terms and
conditions of the Agreement shall continue in full force and effect and shall continue to
operate as the parties' entire agreement.
C Entire Agreement. This Agreement constitutes the entire understanding of the Parties
and no terms may be altered in any way except by the written consent of both Parties.
D. Assignment. This Agreement may not be assigned or conveyed without each Party's
written consent.
E. Counterparts. This Agreement may be signed in counterparts, each of which shall be
deemed an original, and which taken together shall be deemed to be one and the same
document.
IN WITNESS WHEREOF the Parties hereto have executed this Agreement effective
the date last written below.
[The remainder of this page has been intentionally left blank]
[Signature page to follow]
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Date: ---------------------
Date: ---------------------
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
CITY OF LAKEVILLE
BY: __
Matt Little, Mayor
AND: ------------------------------ Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of June, 2016, by
Matt Little and Charlene Friedges, the Mayor and City Clerk of the City of Lakeville, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority
granted by its City Council.
Date:_--L.--tfd:----'-L-7' A __ ~ __
Date: 6/~J1 jlk ----+/~~+f~---------
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
NOTARY PUBLIC
DANIEL V. CURTIN
PATRICIA A. CURTIN
The foregoing instrument was acknowledged before me this ..J{)t::Il day of June, 2016, by
Daniel V. Curtin and Patricia A. Curtin, husband wife.
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