Imp. Proj. #464COL)WIL
1' 1 ! z 4 •
Originating Department Approved for Agenda Agenda Section
Consent
Manager 1 10 -8 -90
temNo.
By: Dan Donahue By: I 6.5
RESOLUTION ADOPTING ASSESSMENT FOR IMPROVEMENT PROJECT 464 (9025 36TH AVENUE
NORTH WATER SERVICE)
The total project cost was $4,719.76. It was agreed that Mr. Fredericks,
property owner, would pay $750 of this cost and he elected to have the amount
certified to his property taxes.
On June 25, 1990, Mr. Fredericks signed an assessment agreement consenting to the
project. Therefore, no public hearing is required.
The resolution will allow the city clerk to transmit the assessment roll to the
County Auditor.
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MOTION BY {/ �� a f 16nq SECOND BY
T O _ � .
Review: Administration: Finance:
fa�Ifj1
CITY OF NEW HOPE
RESOLUTION NO. 90- 185
RESOLUTION ADOPTING ASSESSMENT
FOR IMPROVEMENT PROJECT 464
(9025 36TH AVENUE NORTH WATER SERVICE)
WHEREAS, pursuant to proper notice duly given as required by law, the council
has met and heard and passed upon all objections to the proposed
assessment for Improvement Project 464 (9025 36th Avenue Water
Service).
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of New Hope as
follows:
Such proposed assessment, a copy of which is attached hereto
and made a part hereof, is hereby accepted and shall
constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby
found to be benefitted by the proposed improvement in the
amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments
extending over a period of 10 years, the first of the
installments to be payable on or before the first Monday in
January, 1991 and shall bear interest at a rate of ten percent
per annum from the date of the adoption of the assessment
resolution. To the first installment shall be added interest
on the entire assessment from the date of this resolution
until December 31, 1991. To each subsequent installment when
due shall be added interest for one year on all unpaid
installments.
3. The owner of any property so assessed may, at any time prior
to certification of the assessment to the county auditor, pay
the whole of the assessment on such property, with interest
accrued to the date of payment, to the city treasurer, except
that no interest shall be charged if the entire assessment is
paid within 30 days from the adoption of this resolution; and
he may, at any time thereafter, pay to the city treasurer the
entire amount of the assessment remaining unpaid, with
interest accrued to December 31 of the year in which such
payment is made. Such payment must be made before November 15
or interest will be charged through December 31 of the next
succeeding year.
4. The clerk shall forthwith transmit a certified duplicate of
this assessment to the county auditor to be extended on the
property tax lists of the county. Such assessments shall be
collected and paid over the same manner as other municipal
taxes.
,doped by the City Council of the City of New Hope, Hennepin County, Minnesota,
this 8th day of October, 1990.
49 9 LItjIIv/
Mayor
Attest:
City Clerk
THU, SEP 20, 1990, 10:48 AM
SPECIAL ASSESSMENT CERTIFICATION ROLLS -MUNIC CODE 86
SPECIAL ASSESSMENT NUMBER PROPERTY ID ADDN # SA -TOTAL -AMT
----------------------------------------------------------------------
011880 19- 118 -21 -21 -0046 62429 750.00
750.00*
PAt,
4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 533 -1521
September 28, 1990
Mr. Dick Fredericks
9025 36th Avenue North
New Hope, MN 55427
Dear Mr. Fredericks:
We have been notified of the completion of Public Improvement No. 464 for water
service at 9025 36th Avenue North.
As specified in the assessment agreement dated June 25, 1990, $750 will be
certified to your taxes and paid over a period of ten years with an interest rate
of ten percent.
The entire amount may be paid in full without interest at any time on or before
November 8, 1990, at City Hall, 4401 Xylon Avenue North, or within 30 days of the
adoption of the assessment roll by the City Council. You may prepay the
assessment at City Hall anytime up to and including November 15, 1990, but
interest will be charged from the time the roll is adopted to December 31, 1990.
If you do not choose to prepay the assessment, it will then be certified for
collection with your real estate taxes with the first of 10 installments
beginning with taxes payable in 1991. If the assessment is put on your taxes,
it will be spread in equal annual installments over 10 years bearing interest at
ten percent (10 %) per year. The first installment will include interest on the
total assessment from November 1, 1990 through December 31, 1991, or 14 months'
interest.
Mr. Fredericks, in summary, if you desire to have the $750 certified to your
taxes as outlined in the June 25th agreement, nothing further is required on your
part. However, should you elect to pay the assessment rather than having it
certified to your taxes, refer to the fore - mentioned information.
Sincerely,
t
Valerie Leone
City Clerk
Family Styled City 42 � For Family Living
ht -of -way line of 36th Avenue North and that
southerly rig solely and exclusively responsible
the Fee Owners will be
for the construction and cost of all roorkrequired atothe
connect the water service to their p P
southerly right -of -way line of 36th Avenue North. Further,
the Fee Owners acknowledge and agree this agreementcQwater py
in any way el ere them cif their ob he g New o Hope City Code,
connection charges as required by
that those a charges
to pay said +water and
connectionFee Owners
fee
expressly g
7. Indemnification - The Fee Owners agree to indemnify,
reimburse and hold the City harmless for all costs to make
the improvement in the event the special assessment against
the described property is held invalid and unenforceable for
any reason• shall
enforce reasonable
e thespebciala fees
assessment
and cost to
and /or this agreement.
Dated: ` 1990.
i
Richard H. Fredericks
Ka heryn Fredericks
CITY "J.r HOP
By t..'
Eson
Its Mayor
� n
By
Daniel J. Donahue
Its City Manager
STATE OF MINNESOTA )
ss
COUNTY OF HENNEPIN )
The foregoing was acknowledged before me this day of
1990, by Richard H. Fredericks and Katheryn W.
Fredericks, husband and wife.
Notary Public
VALERIE J. LEONE
NOTARY PUBLIC • MINNESOTA
HENNEPIN COUNTY
My Comm. Exp. June 12.19M
2
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10
RICHARD FREDERICKS
9025 36th Ave Yorth
New Hone. MN 55427
3 MAY 1990
CITY COUNCIL
C/O Dan Donahue, City Manager
CITY OF YEW HOPE, MN
4401 Xylon Ave No
New hope, MY 5542S
I would like to take this opportunity to thank the Council for the
time and considerate attitude you displayed during my visits to
the Council meetings this year. You made a difficult situation
for me easier to present.
As a result of my discussions with you, Mr. Donahue and Mr.
Hanson, I feel that an equitable solution has been reached.
1 would like to petition the council for the project to bring a
stop box" to my property line. in addition, request that gy
share of the cost be assessed to the property, to he paid for over
a long period of time
Finally, 1 would like to request that a waiver of public
nearing ne grantea for tnis nroJec%
-ICH ED FREDERICKS
CITY OF NEW HOPE SHORT FORM
PUBLIC IMPROVEMENT CONTRACT
PROJECT'NO. 464
For valuable consideration as set forth below this contract dated
the 27th day of July —, 1990, is made and signed by the
City of New Hope (hereinafter "City") and EJN1 Pipe Services, Inc.
(hereinafter "Contractor").
1. CONTRACT DOCUMENTS
The Contractor hereby promises and agrees to perform and
comply with all the provisions of this contract and the
specifications in the Proposal for 9025 36th Avenue North Water
Service Project No. 464, File No. 34119, and Construction Plan,
attached hereto as Exhibits A and B respectively, and
incorporated herein by this reference. This Contract and the
Proposal and Plan shall comprise the total agreement of the
parties hereto. No oral order, objection or claim by any party
to the other shall affect or modify any of the terms or
obligations contained in this Contract.
2. THE WORK
The work to be performed by Contractor under this Contract
(hereinafter the "Work"), shall include the entire completed
construction or the various separately identifiable parts thereof
required to be furnished under this Contract. As part of the
Work, the Contractor agrees to remove all excess material from
the project site.
3. CONTRACT PRICE
The City agrees to pay Contractor Four Thousand Seven
Hundred Nineteen and 76/100ths Dollars ($4,719.76) payable upon
the City's acceptance of Contractor's performance under this
Contract.
4. COMPLETION DATE/LIQUIDATED DAMAGES
Contractor shall complete his performance under this
Contract by the — 15th day of September ► 1 990 (hereinafter
"Completion Date"). Due to the difficulty in ascertaining and
establishing the actual damages which the City would sustain,
liquidated damages are specified as follows for failure of the
Contractor to complete his performance under this Contract by the
1
Completion Date: for every calendar day that the Contract shall
remain uncompleted beyond the Completion Date, the Contractor
shall pay the City -0- as liquidated damages.
5. INSURANCE/BOND
Before beginning actual work under this Contract, the
Contractor shall submit to the City and obtain the City's
approval of a certificate of insurance on Standard Form C.I.C.C.-
701 or ACORD 25 forms, showing the following insurance coverage
and listing the City as a loss payee under the policies:
a. General Contractor Liability: $500,000.00
b. Automobile Liability for all
automobiles: $500,000.00
C. Workman's Compensation: Statutory Amounts
This certificate must provide for the above coverages to be in
effect from the date of the Contract until 30 days after the
Completion Date, and must provide the insurance coverage will not
be cancelled by the insurance company without 30 days written
notice to the City of intent to cancel. The Contractor shall
also provide a Performance Bond and a Material and Labor Payment
Bond in sums equal to the contract amounts in a form acceptable
to the New Hope City Attorney.
6. LAWS, REGULATIONS AND SAFETY
The Contractor shall give all notices and comply with all
laws, ordinances, rules and regulations applicable to performance
under this Contract. The Contractor shall provide adequate signs
and/or barricades, and will take all necessary precautions for
the protection of the work and the safety of the public.
7. INDEMNIFICATION
To the fullest extent permitted by law, the Contractor shall
indemnify and hold harmless the City, its agents and employees
from and against all claims, damages, losses and expenses,
including but not limited to attorneys' fees, arising out of or
resulting from the performance of Work provided that any such
claim, damage, loss or expense (1) is attributable to bodily
injury, sickness, disease or death, or to injury to or
destruction of tangible property (other than the Work itself)
including the loss of use resulting therefrom, and (2) is caused
in whole or in part by any negligent act or omission of the
Contractor, any Subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may
be liable, regardless of whether or not it is caused in part by a
party indemnified hereunder.
R
8. ASSIGNMENT
The Contractor shall not assign or transfer, whether by an
assignment or novation or otherwise, se, any of its rights, duties,
benefits, obligations, liabilities or responsibilities without
prior written consent of the City.
9. NOTICE
The address and telephone number of the Contractor for
purposes of giving notices and any other purpose under this
contract shall be 7807 Lake Drive, Lino Lakes, MN 55014.
The address of the City for purposes of giving notices and
any other purpose under this agreement shall be 4401 Xylon Avenue
North, New Hope, MN 55428.
IN WITNESS WHEREOF, the parties to this Contract have
hereunto set their hands and seals as of the day and year first
above written.
CITY O
,/NEW HOPE
EJM PIPE SERVICES, INC.,
A MINNESOTA CORPORATION
fi
JA
B y _ - Idi— /�
x �i - /)), I
Its Vlce-Presi(d�nt
3
STATE OF MINNESOTA
) ss.
COUNTY OF HENNEPIN
STATE OF MINNESOTA
) ss
COUNTY OF HENNEPIN
The foregoing was acknowledged before me this 27th day of
July , 1990, by Mark A. Montgomery , the Vice-President
of EJM Pipe Services, Inc., a Minnesota corporation, on behalf of
said corporation.
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otary Iblic
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