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88-484 WHITE - C�TV CLERK PINK - FINANCE G I TY O F SA I NT PA IT L Council �_ p BLUERV =M^EPAOR�TMENT a . File N 0. Return copy to: Counci Resolution Valuations - Room 218 "`� � } (Fireprotection) (EW) � J Presented By � Referred To Committee: Date Out of Committee By Date WHEREAS, the Council has received a petitian from David R. Cassetta for specially asse sing costs for a fire protectian system f�r Cossetta ' s Market a d Deli ; and WHEREAS, said petition m ets the requirements of Minnesata Statutes 429 and the city policy �n assessing costs for fire protecti�n systems; and WHEREAS , the Cauncil has fullp cc�nsidered and reviewed the petition and policy; now, ther fore , be it RESOLVED, that the Counc 1 of the City af Saint Paul does hereby �rder that the abave escribed improvement be made, and the proper city officers are hereby directed and authorized to proceed with the impravement ; nd be it FURTHER RESOLVED , tha upon the campletion of said improvement , the praper Git afficers shall calculate all expenses incurred therein and hall report the same to the City� C�uncil in accordance with Cha ter 429 af the Minnesata Statutes and the fire pratection s�stem policy. COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond Finance & ManagemPnt SPrvi��� �� In Favor Goswitz • f ��"a" � g Director �be1�� � Against Y Sonnen Wilson APR _ 7 ��v Form App oved by City Att�-,_J°S Adopted by Council: Date � Certified Yassed y il Secret By � l� By �� A►pproved by avor. _ ��► . � �. ; Appr d by Mayor for Sub ' io to CounciY By �� �; PII'�l���c� ;�,;�� ��� `�_ � 19 8 . . �IA.� t- .. . . . . . , . DA�NIN1� � .� Oi114F�TW . . .. . . . . .� . . Zdward � eynent rvices 3/18 ��������� NO Q a Q ��, Finance b ��i� oErurr�xr o�croa w►r�1oa Ag�sr ' - _ EdRard J: Warn ASSwN 1 �.�oe�xr eenv�a n�croA �crtr a.�wc �+7.I l� NUMHffR OR -. E� . �+o: ROtJTING euooEr ox�croR F'inance 29$-53'17 onoen: � crtr,���.. — �' Approves t�e use df asaeesmen� finaneing 3: accordaace with city �olicy for the insta:llati�r of a fire protection sqstem (€ire sprinkle system) for Cossetta's Marke,t 6 Deli. � This gi.ves formal approval Lo start the pro�ect ," , RECEtV€D '11�Ib:iAPPrwe(�)or iieje�(R)1 COUtlpt. REM'ORl• PLM�wKi oOMMI�ION . �. CrvIL 88fiv�CE OOMYMBB�oN oAtE w DATE Olfi�� � ' ANAtvs'r � PHONE M0. . � . . . . -DONN10 OOMiM6WOr1� . " 18D�6 9CNOOL.BOARD � � . . . . � . � � . . . _ �STAfF � � . .. � CNARTER CA�IdI�ION� - - AS IS -AOb'L NIFD.ADOED� � .���:����* _ . q87RIC'I COUNCL � � - *� � . . . . . . . - . : QtlRiORIR-NRNCN�OdNICN.061�G11VE4. � ' . . . .. . . ... . . . NUTE MUST BE :AT PUBI,IC W4RRS �O�Il�ITTEE Ol� MARCH 23, 1988 (E.�W) r�n�trw wioReM,�,air�aenMrrv(w�w.wne.wn.p.w�w..+�: _ The Fire Marshall and PED staff are requiri g that fire sprinkler systems be part of any rehab;.�Qrk but ownexs are haviug trouble s� uring the necessary finaneing, --�IU�71l�C1►t10M�Kb.u1�oM�; " , aeor�st: _ ,. . ; - , The Zliane�ota Legis�.ature psssed enabling l gislation, recentlp allowing recognizing Ehe fiaancing issues aad allowing cities to ass as for sgrinkler :syatems. The primary advantage is a safsr building fvr the gener l public. . (wna,vm�r�...nn:�o.waom�: :, ° . �All costs will be paid by the petitfoner in the same manner .aa other assess�ents. �Taw�►mrw: . ooNS . etitioner may not be able D�eny Resalution - to find sufficient altern e ,. - _ . f fnancing tn a ti�ae�y- � nner. Hsranr�rs: This fs the firs� pro3ect to requeat the use of assessments to finance the installatiun of a fir�: protection system. _ : ; _ �+iu.�: , None known or eapected at this time. Petit oner has waived his rights to both a publ3c hearing and agpeal of the sesessment. = � r ° � � ������ AGREEMEAIT FOR INSTA LA?ION OF IMPSOVEMEHTS AbD YAIVER OF SPE IAL ASSESSMENT APPEAL 1 . The undersigned (is/are) f e �wner(s) (hereinafter referred to as "Owner" ) af property at 209-211 West Seventh Street , Saint Paul , Minnes�ta legally described on attached Exhibit A (hereinafter referred ta as the "Sub,ject Property" ) . 2 . Owner enters into this agreement and waiver an behalf of himself, his successors and assigns. 3 • Owner is developing the Subject Property for commercial use . 4. As part �f this project , 0 ner has petitioned the City of Saint Paul to assess the c�sts of constructing , recon— structing, altering, extending and prom�ting a fire protectian system for the building lacated on the Sub�ect Property in accordance with city policy regarding fire protection system assessments . 5 . Owner hereby waives any and all rights he may have ta a public hearing concerning t e proposed improvement and � assessment . 6 . Owner has been infarmed tha the estimated assessment amount for the construction of thi improvement is $49 , 105 . 00 ta be fully repaid at 9� si ple iaterest over 20 years, and that such payments woul be collected as an assessment against the Sub�ect Propert . A breakdown of these assess ent costs are as follaws: Approved c�nstruction e timate. . . . . . . . . . $47 , 855 Administrative Costs: Engineering Inspecti n Services . . . . . . 1 ,000 Review, Pracessing and Disbursement harges. . . . . . . . . . 250 Total Estimated Assessm nt Amount . . . . . . $49 . 105 7. If the assessment amount ac ually levied against the Subject Praperty is equal to or les than the estimated assessment amount , Owner hereby waives any right he may have t� contest the validity of or appeal f om the special assessments plus interest including any proc dural or substantive rights pursuant to Chapter 13 and 14 of the St . Paul City Charter , Minnesota Statutes Chapter 429 , or an �ther statutes , constitutions , laws or judicial decisions f the State of Minnesota or the United States. 1 • ... � �����: 8 . If such improvements are app oved and constructed , Owner agrees on behalf of himself, his successors or assigns that such public improvements wau d be of special benefit to the Subject Propertp in at least the amaunt of the estimated assessment plus interest cha ges set forth in Paragraph 6 . 9. Owner agrees ta be respansib e for the payment of the difference between the appro ed estimated construction costs and the actual constructi�n osts , in the event the actual construction costs exceed th approved estimated costs. 10. Owner agrees and understands that during the course of this project any review and appro al by a City division or department is granted only i its capacity af administering and enforcing existing relev nt codes . Any such approval is only as to compliance with t e codes. Such approval does n�t create a special duty to the owner and is n�t a warranty of quality of materials and orkmanship. � 3 - 3a-$g Notary Public D te Subscribed to and sworn to this 3D-+1-- day �f w1G.u,�.. , 1988 S gnature DAVID R. COSSETTA .nn ��' l �� MICHAEL C.BLACK � <�.�� MOTARY PUSUC-MINMESOTA c.- ��`���� RAMSEY COUNTY Z My Comm.Explras Oct.30.1991 ■vvvvwvvvvvvV V W W v1nP✓VtiNWw��� (Waiver) 2