HomeMy WebLinkAbout97-131 - ADMIN Resolution - City Council - 1997/10/06••r'
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RESOLUTION NO. 97-131
RESOLUTION AUTHORIZING INSTALLATION AND SPECIAL ASSESSMENT OF
FIRE SPRINICLER SYSTEM AT 7204 274 STREET WEST
WHEREAS, the Property Owners at 7204 27th Street West ("Benefited Property") have petitioned the
City of St. Lotus Park to authonze a special assessment for the installanon of a fire sprinkler system in their
building on the Benefited Property: and
WHEREAS, the Property Owners agree to waive their right to a public hearing, right of nonce and
right of appeal pursuant to Minnesota Statute, Chapter 429; and
WHEREAS, the Property Owners assume all responsibility to install, operate and maintain the fire
sprinkler system; and
WHEREAS, the City Council of the City of St. Louis Park has received a report from the Director of
Inspections related to the installauon of the fire spunkier system.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of St Louis Park.
Minnesota, that
1. • The pennon from the Property Owners requesting the approval and special assessment for the
fire sprinkler system is hereby accepted
2. The installation of the fire sprinkler system in conformance with plans and spec ificanons
approved by the Fire Department and the Department of Inspections is hereby authonzed.
3. The total estimated cost for the design and complete installation of the fire sprinkler system is
accepted at 534,385.00.
4. The City's admtntst anve fee for this project is S150.00.
5. The Property Owners agree to waive their rights to a public hearing, nonce and appeal from
the special assessment whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by
ordinance, City Charter, the constitution, or common law.
6. The Property Owners agree to pay the City for the cost of the above improvements through
special assessment over a ten (10) year period at 7.41% interest.
7. The Property Owners agree to execute an agreement with the City and any other documents
necessary to implement the installation of the fire sprinkler system and the special assessment of all costs
associated therewith
Adopted by tle City Council on October 6, 1997.
Clerk
•
Mayor
Reviewed or Admnustration:
Acknowledgment of St. Louis Park
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
� The forego' g instrument was acknowledged before me this / -5.1-day of
l Jk)Q,e_k\--�z.11,, 199 / , by Gail Dorfinan, Mayor and Charles Meyer, City Manager, of the
City of St. Louis Park, a Minnesota municipal corporation, on behalf of said municipal
corporation.
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Acknowledgment of Property Owners
STATE OF MINNESOTA )
) SS.
COUNTY OF ffE/WE/iN )
The foregoing instrument was . acknowledged before me this /7R1 day of
aN,616R_ , 1991_, by AtillMN /1. Eew and 6/N662/jl Roza
(a married couple).
ary Public
JOSEPH PUBLIC -FRANDSEN
NOTARY OTA
ay cavern Woes .wt a,.2X0
CAMPBELL KNUTSON
Thomas J Campbell
r._.Roger N Knutson
•Thomas-M-Scot�
Elliott B Knctsch
Suesan Lea Pace
Mr. Bruce Stepnick
City Assessor
City of St. Louis Park
5005 Minnetonka Boulevard
St. Louis Park, Minnesota 55416
Professional Association
Attorneys at Law
(651) 452-5000
Fax (651) 452-5550
February 23, 1999
Re: Miscellaneous Recorded Documents
Dear Mr. Stepnick:
Joel J Jamnik
Andrea McDowell Poehler
Matthew K Brokl*
John F Kelly
Matthew J Foli
Marguerite M McCarron
*Aho liccmed m Wiscnnan
Go r+(ac+
Enclosed herewith is an attested copy of the recorded Agreement No. 4215 Concerning
Special Assessment of Fire Sprinkler Improvement and Hearing of Special Assessment Notice,
Hearing and Right of Appeal for Martin and Ginger Bell. Please note that this Agreement
was filed for record with the Hennepin County Registrar of Titles on October 15, 1998, as
Document No. 3074235.
If you have any questions regarding the above, please give me a call.
Very truly yours,
CAMPBELL KNUTSON
Professional Association
By:
cjh
Enclosure
VV41•Al`
Carole J. Hoeft
Legal Assistant
Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121
.•off 4'4(
0C1 14 iR98
Registrar of Titles, Hennepin, Mk
Date Filed: 10/15/1998 09:00 AM
As Doc #: 3074235.0 Copy
On CT #: 814615.0.
CITY OF ST. LOUIS PARK AGREEMENT No. 4215
CONCERNING SPECIAL ASSESSMENT OF FIRE SPRINKLER IMPR
HEARING OF SPECIAL ASSESSMENT NOTICE, HEARING AND RIGHT OF A ' ' E" FO
MARTIN AND GINGER BELL
AGREEMENT made as of October 6, 1997 between the City of St Louis Park, a Minnesota
corporation ("City") and Martin and Ginger Bell, ("Property Owners"), concerning special assessment of fire
sprinkler improvement on property located at 7204 27th Street West, St. Louis Park, Minnesota
The City and the Property Owners agree as follows:
1 Property Owners. The Property Owners are Martin and Ginger Bell, who are empowered to
execute the waivers and consent contained in this Agreement.
2. Subject Property. The Property Owners are the fee owners of the property legally described as.
Lots 1 & 2, except the West 125 feet thereof, Block 1, Astleford's Park ("Benefited
Property") (T$maIs)
3. Purpose of Agreement. Pursuant to Minnesota Statutes, Chapter 429 sub 3 and St. Louis Park
Resolution 96-85 the Property Owner petitioned the City on September 17, 1997, to specially assess the
cost of the installation of an automatic fire sprinkler system in their building at the Benefited Property. The
petition attached as "Exhibit B" is incorporated into this agreement by reference. The City Council has
determined that it is in the best interest of the public for the City to facilitate the installation of a fire
sprinkler system in the Benefited Property to promote the public health, safety and welfare.
4. The Improvement Project. The construction of an automatic fire sprinkler system throughout the
commercial building at the Benefited Property shall be in conformance with the plans and specifications as
approved by the St. Louis Park Inspections and Fire Departments.
5. Responsibility. The Property Owners shall assume all responsibility for the installation, operation
and maintenance of the fire sprinkler system, including all construction contracts and monitoring agreements.
6. Amount to be Assessed. The total estimated cost of the project, based on the lowest responsible
bid, is $34,385.00. The Property Owner has petitioned that the entire cost be paid for by the City and be
assessed against the Benefited Property. The City administrative fee for this project is $150.00. It is hereby
agreed that the $34,385.00 will be paid by the City and that $34,535.00 will be specially assessed against the
property.
7. Waiver of Notice and Hearing. In connection with this improvement, the Property)Owners agree
to waive and do hereby waive any and all rights to public hearings and notices, and all other procedural and
substantive rights regarding special assessments, whether required by Minnesota Statutes, Chapter 429, or
by any other statute or by ordinance, City Charter, the constitution, or common law.
8. Waiver of Right of Appeal. In connection with this improvement and special assessment, the
Property Owners agree to waive and do waive any and all rights to appeal from the special assessment set
forth above, whether as provided by Minnesota Statutes, Chapter 429, or by any other statutes, or by
ordinance, City Charter, the constitution, or common law.
9. Implementation. Each party to this agreement agrees to execute any other documents upon
request of the City, necessary to implement the waivers of notice, hearing and right of appeal for the special
assessment for the improvement project.
10. Payment. The Property Owners agree to pay the City for the cost of the above improvements in
accordance with the following terms:
a. The assessment shall be paid in equal installments over ten (10) years at seven and forty-one one
hundredths percent (7.41%) interest on the unpaid balance and in accordance with all provisions
of the City policy for special assessments for fire sprinlder improvements.
b. The first payment shall be payable with the 1999 real estate taxes.
11. Indemnification. The Property Owners shall indemnify and hold harmless the City and its
officers, agents and employees from and against all claims, damages, losses, or expenses, including attorneys
fees, which the Property Owners may incur or for which the Property Owners may be held liable, arising out
of or in any way resulting from the performance of this Agreement by the City, its employees, agents or
subcontractors.
12. Certification of Encumbrances or Contract for Deed. The Property Owners certify that they
are the sole fee simple owners of the property described in Paragraph 2 above, and have free power and
authority to enter into this Agreement.
13. Right to Record. It is agreed that the City may record this document in the chain of title of the
Benefited Property.
14. Payment. The Property Owners agree that, after the City has completed the required inspections
and has determined that the installation of the fire sprinlder system is in conformance with the applicable City
ordinances and State laws, the Property Owners will provide the following documents to the City to allow
the City to process payment of the $34,385.00 amount to be paid for the installation of the fire sprinlder
system on the Benefited Property:
a. A sworn construction statement identifying the contractors and suppliers involved in the fire
sprinkler installation on the Benefited Property and the agreed amounts to be paid to each; and
•
b A written notice from the Property Owners that they have determined that the installation of the fire
sprinkler system has been substantially completed as stipulated in its contract with the contractor;
and
c. A lien waiver from the contractors and suppliers for the improvement project on the Benefited
Property.
It is further agreed by the City and the Property Owners, in making payment to the Property Owners, the
City is not assuming responsibility for payment to any contractor or supplier for the installation of the
improvement project on the Benefited Property.
This agreement has been entered into as of the 6th day of October, 1997.
Reviewed for Administration:
N/A -
Approved for Inspectionsy
`-/ r
---_PAliffrAIIIP :AV
Director •• In pectis /
PROPERTY OWNER
THIS AGREEMENT WAS DRAFTED BY:
Inspections Department
City of St. Louis Park
5005 Minnetonka Boulevard
St. Louis Park, Minnesota 55416
Telephone 924-2500
CITY OF ST. LOUIS PARK
By
By
Its City Mager
Accounting Records Posted.
adby
Finance Director
RESOLUTION NO. 97 -131
RESOLUTION AUTHORIZING INSTALLATION AND SPECIAL ASSESSMENT OF
FIRE SPRINKLER SYSTEM AT 7204 27'" STREET WEST
WHEREAS, the Property Owners at 7204 27th Street West ("Benefited Property") have petitioned the
City of St. Louis Park to authorize a special assessment for the installation of a fire sprinlder system in their
building on the Benefited Property: and
WHEREAS, the Property Owners agree to waive their right to a public heanng, right of notice and
right of appeal pursuant to Minnesota Statute, Chapter 429; and
WHEREAS, the Property Owners assume all responsibility to install, operate and maintain the fire
sprinkler system; and
WHEREAS, the City Council of the City of St. Louis Park has received a report from the Director of
Inspections related to the installation of the fire spnnkler system.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park,
Minnesota, that:
1. . The petition from the Property Owners requesting the approval and special assessment for the
fire sprinkler system is hereby accepted.
2. The installation of the fue sprinkler system in conformance with plans and specifications
approved by the Fire Department and the Department of Inspections is hereby authorized.
3. The total estimated cost for the design and complete installation of the fire sprinkler system is
accepted at 534,385.00.
4. The City's administrative fee for this project is $150.00.
5. The Property Owners agree to waive their rights to a public heanng, notice and appeal from
the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by
ordinance, City Charter, the constitution, or common law.
6. The Property Owners agree to pay the City for the cost of the above improvements through
special assessment over a ten (10) year penod at 7 41% mterest.
7. The Property Owners agree to execute an agreement with the City and any other documents
necessary to implement the installation of the fire sprinkler system and the special assessment of all costs
associated therewith.
Attest:
Ci ' Clerk
Adopted by City Council on October 6, 1997.
yor
Reviewed or Administration:
City Manager