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95-223Return copy to: Reai Estate Division 140 City Hall Presented By Re£erred To �� Committee: Date QHSBSAS, the Council has received a petition from James W. and Susan 0. Lund ARA James Productions for specially assessing costs for a fire protection system for 1515 Brewster Street; and pHSgEAS, said petition meets the requirements of Minnesota Statues 429 and the city policy on assessing costs for fire protection systems; and WHSBEAS, the Council has fully considered and reviewed the petition and policy; now, therefore, be it BESOLVBD� that the Council of the City of Saint Paul does hereby order that the above described improvement be made, and the proper city officers are hereby directed and authorized to proceed with the improvement; and be it FOBSHSB B&SOLVED, that upon the completion of said improvement, the proger city officers shall calculate all expenses incurred therein and shall report the same to the City Council in accordance with Chapter 429 of the Minnesota Statues and the fire protecCion system policy and FIIBTHE& BESOLVED, by the Council of the City of Saint Paul, upon recommendation of the Mayor and advice of the Long Range Capital Improvement Budget Committee, that the Capital Improvement Budget, as heretofore adopted and amended by this Council is hereby further amended in following particular: CIIBBEflVT BIIDGEi FIRAHCIAG PLAH James Productions Sprinkler System C95-1T012 Assessments ORIGi.NAL RESOLUTION CITY OF SA{NT PAUL, MINNES07A [�l cas�rs$ 77,828 Council File #�01� 3 Green Sheet # 3 / D �— 8 IIP1 :ii 77,828 QS- �a� � 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 SPSHDIAG PLAH James Productions C95-1T012 Construction C 77,828 77,828 Yeas �� Nays�� Absent Adopted by�cil i Adoptioa r�fied 8 1955 Secretary By : (/ Approv by May� r: Date � C� By: Requested by Department of: Fina ' Man ement Services By: ' rec 3 �� 3 ��� ��., Form Approved by City Attorney By : �Y...s �v� W WG7M�� �Z� Approved by Mayor for Submissioa to Council By: �� �- ��� �.. � qs-a�,/ DEPApSMENTIOFFICFJCOUNCiL �ATE INITIATED V N 314 0 2 Finance De artm t/ eal Estate 2/ll/95 GREEN SHEET _ CONTACT PERSON 8 PHONE INITIAVDATE INIiIAI/DATE O DEPARTMENT DIRECTOfi � CfiV COUNpL Roxanna Flink 266-8859 "u'�" �CT'ATlORNEY � � CIT'CLEFK MUST BE ON CAUNqL AGENOA BY (DAiE) p���BN�� BUDGET DIRECTOfl � FlN. & MGT. SERVICES DIR. OpOER Mpypp(p{yqytSTMti) � Council Research TOTAL # OF SIGNATURE PAGES i (CLIP ALL LOCATIONS FOR SIGNATURE) AC710N PE�UE5TE0: Approve the use of assessment financing in accordance with City Policy for the installation of a fire protection system (fire sprinkler system) for James Produc*_ions at 1515 Brewster Street. RECOMMENDATroNS: appmve (A) w Reject (R) PEASOIiAt SEPYICE CONTRACTS MUS7 ANSWER THE FOLLOW {NG �UESSIONS: _ PtANNING CAMMISSION _ CIVIL SERVICE CAMMISSION �� Hd5 fhiS p2r5oNfifin eVBr wofkBtl under a COMrdCt fOr fhis tlBpertmeM? _ q8 COMMITTEE _ YES NO A STAFF 2. Has thi5 personKrm ever been a Cily employee? — YES NO _ DISTRiCT CAUR7 _ 3. Does this person/firm possess a skill not normally possessed by any current cM1y emplqree? SUPPORTSWHICNCWNClLOBJECENE4 YES NO Explafn ell yes answers on separete aheet antl attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNITV (Who. What, When, Where. Wny)' The Fire Marshall and PED staff are requiring that fire sprinkler systems be part of any rehab work for commercial properties. � FEB �4 � ���� ADVANTAGES IF APPROVED: A safer building for employees and the general public. RECEIVED DISADVANTAGES IFAPPROVED: � None Known. /� fi; A ����"�ENT OD�'IdVANCE ��� � � ������ ,�,�u ,y�H�v��ean�►�T s�avacES �°EB � . 7 7995 ��� � � ���� ���� ���d���� DISA�VANTAGES IF NOTAPPROVEU' Petitioner may notnable to find sufficient alternate financing in a timely manner. The Minnesota Legislature passed legislation allowing cities to assess for sprinkler systems. Petitioner has waived his rights to both a public hearing and appeal of the assessment. TOTAL AMOUNT OF TRANSACTION S � �� 82 $ • �� COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDINGSOURCE C-95-1T012 ACTIVITYNUMBER FINANCIAL INFORMATIDN: (EXPWN) 20 years at 6� assessment financed. qS- �.�3 T� j.� TOLTZ, KiNG, DUVALL ANDEA50N i�i�. AND ASSOCIATES, INCORPORATED ENGINEERS • ARCHITECTS • PLANNERS 15D0 PIPER JAFFRAV PLAZA 446 CEDAft STAEET �"e�7I�l13Iy 15� 1995 PHONE612/c�'2 Ms. Roxanna Flink Real Estate Division Department of Finance and Management Services City of St Paui 140 City Hall St. Paul, Minnesota 55102 Re: Proposal to Provide Engineering Services for Review of Fire Sprinkler System Installation James Productions - 1515 Brewster Sh�eet St. Paul, Minnesota Dear Ms. Flink: In response to your request and subject to the terms and condirions set forth in the Continuing Agreement #G9647-3 between the City of St. Paul and TKDA dated August 23, 1993, opening date of 1983, we have prepared this proposal to provide engineering services for review of the construcuon documents for a proposed fire sprinklex system for the above-referenced Project. 1. PROJECT DESCRIPTION A sprinkler system is to be installed in the existing building at 1515 Brewster Street, owned by James W. and Susan O. Lund, aka James Producuons. The City desires independent review of plans and inspecrion of installation. II. SERVICES TO BE PROVIDED BY TKDA TKDA will provide the following services based on our understanding of the Project: A. Review the general design of the fire sprinkler system plans (hydraulic calculations excluded) prepared by others. Because of the lirnited scope of our services, we cannot, however, assure you that the plans will comply with applicable codes in all respects. B. Make up to two site visits to determine if the installation was made according to the plans. C. Prepare one letter stating the �indings of the drawing review and another letter stating the findings of the site visits. y�s-�.,�.3 Ms. Roxanna Flink Ciry of St Paul February 15, 1995 Page 2 III. RESPONSIBILITTES OF THE CITY OF ST. PAUL The City's responsibilities shall be as set forth in our Continuing Services Agreement and as further described or clarified hereinbelow: A. Provide complete set of drawings for the fire protection system as related to the building construction and use. B. Provide TKDA with uuliry plans showing water service to the building. C. Notify TKDA when the fue protecuon system is ready for inspection. This shall be done after the complete system is in place before the ceiling is installed. D. Insure that the Fire Protection Conffactor makes the modifications according to TKDA'S findings. IV. PERIOD OF SERVICE We are prepared to begin this Project immediately upon your authorization. We anricipate completion of services described in Section II of this proposal within two weeks of final inspection. V. COMPENSATION Compensation to us for services rendered under Part II shall be on an Hourly Rate basis as defined in Arricle 3 of the Continuing Agreement with proposed January 1, 1995 rate revisions, with an estimated maximnm fee amount of $2,500. VI. CONTRACTUAL INTENT We thank you for the opportunity to make this proposal and are willing that this letter and attachments constitute a conuact between us upon its signature by an authorized official of the City of St. Paul. Your return of a signed copy of this letter will serve as our authorizarion to proceed with this work. 9'S=�s-'� Ms. Roxanna Flink City of St Paui February 15, 1995 Page 3 This proposal will be open for acceptance for 90 days, unless the pravisions hereof aze changed by us in writing prior to that time. � nn E. Englehorn, P.E. Project Manager ACCEPTED FOR CITY OF SAINT PAUL, MINNESOTA DEPARTMENT OF FINANCE AND MANAGEMENT SERVICES $Y�G� %j���� �� ��� � ,a� �'r_.""-'�'t-a � `��L�l�'!c-1`--� Date c� � ��o - �J� DTP:LEE:mr ..«ire -C�rr cic..c � EXHIBIT ±EI O�i+rt � FiN�NCE �+ '/� I�\ T Y�� lJ L C�rv�xr � DEV�FTUEriT PwE ...—u�roa $etu� � °Py t° $°� Z'a Council Resolut' r (CHapter429) Ef� P �� � � "=✓� � ' c �/IIt�fe refi�o � _ � C �imittee: �.:_ �_ ,_.__ -,.,�- `�`"- OaroPEommittee'By.�' _ _ 9S-a�3 COUDCII �/�� Fi]e N 0. ��` 3 � � Date F7FiE12EAS, Subj�ct to t:3e z2auir2ments of Iaw, the City af Saint ?au1 is authorized pa�suant to =he �rovisions of :�innesota Statutes, Chz�tar 429, =o spec=ally assess the costs of COi7S'CZISCt L�CO21SLTllCv1RGJ� s1_e�ing, extending, OOeL3tlt1�� maintaining and p=omoting fire protection syste�s in existi:.g buil3ings; and 9�THEREAS, The Szi�t °aul Ci.y �o�x:�ril is in t:�e public int>_*�s_ to �ccvi�e t;Zis protection syst=�s in existi.g Suilaing „ the 3uilding or Pire Co�e to install �ir� which =he owner thei�o� is ^ait?cinatir.g Sma11 3usin2ss �ssist.=_nc= ?rogza�; and '.^.ss det�r :;iaed that it means of orovi�ing �ire uhich =.ze r=quir�d by protaction systems, in ia s city-spcnsoi�d "s9HBREAS, ?'::= City Council, by t�is �esoluticn, inEends to �et fort'� the raquiremencs t^at �aill be agalicable to any �2tlti0[1 iOY t}]z �S'o25S?.^.2?lf Oi *RE COS�S Ofi SllC:l fi*_ 7LOt".�.Ctl0t1 SyS�°!�S n11C� WI11C!1 W1�.�. �JZ U52a t0 ^yU7.�E �:72 Cl�Y ,'�.°A3itIDZT1t5 d?7C� �etitione�s in rhe rpvi�w of any suc� oeti��cn; �ow t.her�fore be it BESOLVED, Th�t petitions co be present�d to ;-.:,e Cicy Council fo� considezation of specially assessing costs for fire '�r0�°Ct10D SVSt°2AS� $S authorize3 Sy Minn=SOta $t3t1L°� CL1dAt°L 429, nnst comply with the following requi:ements and czit�:ia: a) The oeti*_ion reauir=ments of alans =_nd •>stimat=, all -,�ust compl� +�it:� all of tie aaaiicable of C:�aot�r 429, including the submission speci£ications togethex taith a cost sub;ect to approval of the City. b) The petition shall be ?repared an3 signed Dy a21 owners of the subj_ct aroaerty, and pzoof of record owr.e*ship thereof shali also be submitted with 4he oztition. COUNCII,MEMBERS Yeas Nays Dimond Long soswiu Rettman $cpeibd $onnea R^ilwn Adopted by Council: Date — Cert�tied Passed by Council Secretary BS' Apprvved by )1avor. Date ey Requested by Department of: Fiaance S ManaRement Serv3ces In Favor Against �Y �5--i-G , �y� �:�� nirPrr.,,- , `J� Fotm AQp�oved b ' � Atmme /' s �- ' �.f' 31-z3 s�s ApprovZd by Mayorfor Submis�ion to Council -� \ i �, r! , + _� ••�� By. �'i� a � � gs-��3 e) The petition shall contain a statement that the oWners shall be responsib2e for contracting for the actual installation of the fire proteetion system using contractors and installers licensed or registered With the City of Saint Paul or the State of Minnesota. d) The petition shall contain a statement that the owners uaive all rights vhich they may have to a public hearing on the proposed improvement and assessment and further specifically xaive any and all rights which the owners may have to appeal the adopted assessments to the District Court e) The amount to be specially assessed for the improvements sha11 not exceed the amount of the approved construction estimates, plus any administrative costs incurred tay the City and interest charges. Administrative charges sha11 include the costs of providing a disbursing agent, engineering inspectioa services and other costs associ— ated in the review and implementation of the improve— �aents. f) The petition shall contain a statement that the oxners shall be responsible for trie difference betueen the approved construction estimate and the aetual construc— tion costs, in the event the actual costs exceed the approved estimate. g) No payment shall be authorized until the assessment is ratified and the completed work is inspected and approved by an engineering inspection service and also reviewed by the Division of Building Znspection and Design and the Department of Fire and Safety Services for compliance With all applicable fire and building codes. Any approval by a City division or department shall be only as to compliance with existing codes and is not a warranty of quality of materials or uorkmanship. h) Special assessments shall be for a period not to exceed 20 years. i) Assessments shall bear interesC at the highest rate applicable for any other special assessment levied by the City. wruTE - Urr CtEna P�NR � FIHAHCE ��NIFY �D£P�RT4ENT BIUE �-u,�ypq �ETQB�T COPY TO R00�1 218 (Chapter429) EW Presented By Referred To ttee: Date Out of C By Date j) ihe peti;.ion shall contain a statement that ia the 2vent the pe:itioners request the abando^nent of the s�ecial 3ssessment �roject, a12 costs incurred by t:ie C;ty shall be r�iabursed by Lhe petitioners ar.d in �Sz discretion of the Council �av be coZlected in i;7e sane :�anner as assessments. k) Unless specifScaliy uaivzd 'oy �he Citp Counci_, all petitiens nus� be r=caived and approved by t:�e Ci�v Cour.cil before construction or installation .f the proposed fire protz��ion system. 1) Consi3er�tion of all petit:ons �hali be subject to a case—oy—case deternination ar.d approval oi �he City Counefl and ,hall be ::oleiy �ithin the Council's � discretion. COUNCIL MEMBERS Yeas ays Dimon - Long ��� �� s��cbet Sonnen wa�oo CiITY OF .SAIYT PaUL Council ������ �'ilt t� 0. '��� `7 /1 / Council Reso � In Favor �_ Against Adopted by Council: Date �'�� { °� Certified Pass � 6y uncil Se�xqtar `, $ A \ l\ �` Y Approved by 1lavor. Date n�D � 7 1�8� ey Requested by Department of: F��nCe and TLn gp r c ri,-t j ^ �/ i' Direetor B � ,. _��i � -. f `f� `0 Fo�tn Appmved 6 City Attocney g C' � � ���k �BR pppro�ed by Mayor for Subm�y'ssi� to Cauneil BY �y �1.?i� O'�� /� � A . _ �...� January 26, 1995 Mr. Peter White Real Estate Division Manager Room 140 City Hall 15 West Kellogg Boulevard Saint Paul, MN 55102 9 s- a�►3 = =���� __ ;.;�:;�:,. RE: 1515 Brewster Street, St. Paul, MN 55105 PID #: 27 29 23 22 0092 8 r Dear Mr. White, This letter will serve as a formal request to begin the assessment process to install a sprinkler system at 1515 Brewster Street, St. Paul, MN 55108. We understand that we are responsible for contracting for the installation of the sprinkler system and will be responsible for presenting invoices and mechanics lien waivers for payment of the same. It is also our understanding that, in the event this project is abandoned by us, we will reimburse all costs incurred by the City relating to this assessment. In addition, �Ne hereby waive our rights to a public hearing and our rights to an appeal of this assessment. Attached for your review is a copy of our plans which have been approved by The Department of Fire and Safety Services, The Water Department and The Housing and Building Code Enforcement. A1so attached is a copy of the permit and title insurance commitment which shows that we are the record owner of the above property If you have any questions information please contact at 332-3106 before 2/13/95 Sincerely, James W. Lund or if you need additional Michelle Caron directly or 645-1408 thereafter. C/ � Susan O. Lund JAMES ]3]5 MMNEAPOLIS, PRODUCTIONS, HARMON MINNESOTA INC. PLqCE 554W TEL (672) 3323106 FPX(6]2)332-]256 a 'A °�' i w', QS• a� AGREEMENT FOR INSTALLATION OF IMPROVEMENTS AND WAIVER OF SPECIAL ASSESSMENT APPEAL �`;:' , ��`, • � � W �., �x , -� � bs ' ' � x �..,.''. G„ z -,ec ...i:: ' �' ' k� ut . .,� � .v b ' ��� � : � �•.� � ���, ` �` ,�;�,, ,,y��.< �� * ;� � e �� � ��� °,� ' � ,:; � `a � $ : • ,,� �;_v�** .��y� � h '' �.�.. '� :"*xb w, � � b ..d.., s. , e. ^ � m ,, i, M1 � j . g .�.. � , . - �., �. � .� u� � Y. r �� � :� r � „� � � „�" �����k.; � _: � ` ,� � � �rt � �__����. p 3 Fv' . : t ��Ta� �Y.... v5., � ^;. y �. P � � °�� � :�'. €,,a �, .,�Y� �.'qx�°d � s �� � � � µ z : � *'° � �- �?lio aF~' ..1..'m �. <� ",� a '�"��4 .}�p+ ^ ~ � ;bi�.., � 5 � t �# r r $ � `� � ' .. u ..�. z " � ., ., ,. x, �� _. X �' �: rt Y a°4�,".% R. 3 � -?r �. � ' fi .4 v t ffi Ay.��"t � k L. `Tk+ 2T.>. �, ;' � ° ' � ...�.�''' ; k:.' . 'c ,;, 1. The undersigned are fee owners (hereinafter refereed to as "Owner") of property at 1515 Brewster Street, St. Paul, MN 55108 legally described on attached Exhibit A(hereinafter referred to as the "Subject Property"). 2. Owner enters into this agreement and waiver on behalf of him/herself, their successors and assigns. 3. Owner is developing the Subject Property for commercial use. 4. As a part of this project, Owner has petitioned the City of Saint Paul to assess the costs of constructing, a fire protection system for the building located on the Subject Property in accordance with City policy z�egarding fire protection system assessments. 5. Owner hereby waives any and all rights hejshe may have to a public hearing concerning the proposed improvement and assessment. 6. Owner has been informed that the estimated assessment amount for the construction of this �°� improvement is S 77� g�S�.00 to be fully repaid at P�K� simple interest over 20 years, and that such ��>s g-� payments would be collected as an assessment a -��� against Subject Property. A breakdown of these assessment costs are as follows: Approved construction estimate City Water charges Administrative Costs: Engineering Inspection Services Review, Processing and Distribution Charges $ 68,878.00 5,950.00 a , so o.� SOL%.G �i Total Estimated Assessment Amount $ 7 �,�� �"�� z .' �? ,° a. � ,� � :� �•�.,:� 5 :S` a ` bY�4'4 ' 9 y in . +�.�..�.. � . s;. , F .� y �'9 v� �i L ` > ' SL t �. . �" � "' � : ' �� � ''� ' , a �„ �. �r � �:,� $" �.r �. �` �` *Q e� � z ��e �:b�x � � �; s , k $, A �zt , �� �*��s � �' `: '> r " " yG, � "' t" P. �y, � ta �t ` ��%" ��, ''1� '�` 5 T �`tr S.: e` „y'sk # # d, ..� ,... g � �,,�{�,���„;���� �.:,��; �*. , ,��., '" �.' ^_� 4 e � . � k;���� � , � � ^� �?�`' ' �'3 j S x�, � Y $. § �gY �aK 4?o pA 4 . � ; . .',; F :P .�% �.v� a�#^ x.,�k� ,�. �. � �'>ax: .< ,. 7� �_ ��� �< .`v � w`����"!-_``n-';.` �: �, ^�� ��;�_.�'��t; t,'•; , `�'rr:�' '.�':° 4 ��� �� �. -$ �:'. ���tW�'x' fi . ti S.'; d X P Y. 4 2 � x �� �"�,l. �� . �' � ,� � s'xi� y „m�^ °t wmti a 3 �' y S 4 v' z` � .`'� f': b y r � �€?`&"r', ..,. ��.:�.i a �`.wta::5,« qS•aa.3 -0 : �,. w�.��=. ��': ° 3;� � 3 » F # � x'= `4 ,�; � o%' � s _z.. s." � a �� �� Rw �� � � � . �� s � i � �s .,�. � �� ���. ��>,.� b�.� �: :,��':�} x`''� � ��'' _ fl d,", 9� °p;. ?�� c;n' a �'^''�"�&s„= �.;°�ft"'.. � �,., �.'� #q$� Ay;'# ': - tl 5.`is �.:,: t �'2,. S, . YS k J s .�. , �` h '� 4 � £y' X � '$,� �� ����� �.� � �# t� r� .x , =3 a`>�.��-irf�:r � . r '�+�* „�.z�, � ����.; � #.', 4 s ' i - ' a a � ,� ;�� '; . ^�a�,.� b c �P� a�'�K'x* �t> s $ k. v � . � ��$e +� � f ° "..A �. e � � �� X � # 6 ? :� � } k }t � �� ��� .. � �.� �� : a � ., � � " ? � � Y� � � � �`� � . �.� " ;�. �"� �K Yo- 9 k. � � a �9. `3- 5'�: a, " x 7 µ��, w:s � $� "S -i 2 �f� si'S, � S : w 'a. . �. .o-°.'� tat,t.., ;n v .& �v 7. If the assessment amount actually levied against the Subject Property is equal to or less than the estimated assessment amount, the Owner hereby waives any right he may have to contest the validity of or appeal from the special assessments plus interest including procedural or substantive rights pursuant to Chapter 13 and 14 of Saint Paul City Charter, Minnesota Statutes Chapter 429, or any other statutes, constitutions, laws of judicial decisions of the State o£ Minnesota or the United States. 8. If such improvements are approved and constructed, Owner agrees on behalf of him/herself, their successors or assigns that such public improvements would be of special bene£it to the Subject Property in at least the amount of the estimated assessment plus interest charges set forth in Paragraph 6. 9. Owner agrees to be responsible for the payment of the difference between the approved estimated construction costs and the actual construction costs, in the event the actual construction costs exceed the approved estimated costs. 10. Owner agrees and understands that during the course of this project any review and approval by a City division or department is granted only in its capacity of administering and enforcing existing relevant codes. Any such approval is only in compliance with the codes. Such approval does not create a special duty to the owner and is not warranty of quality of in e ials and workmanship. ������.����7 � � James W. Lund Susan O. Lund I z� � � Date l__,�(` �_J —��� Notary Public Subscribed to and sworn to this r�G� day of JA� ' 19J� �� �� MtCNELtE A CARON FqTAaY PUBLMrMIMNfSOTA � ' RAHSEY C�1N1M � wy coeo�sion E�ires rwn.13, lsss a • � x �:� ��" y « ,.')b y z ,<.: ` " 'x q . -n � b � � �-,�� °�=��: �'��? �; �x.,"�, t ' s�>: � .. .+z . s � .� ,;r�. � ' , �"�;:s' � �"'�b". �; -� � "� ,;axi':i� a � � �' .. :, � P���.��,: x `: � � , '�.£ . :��v � P., � ^ n �. � ,: , w^t > ..: t�*��< , � ..45'r i�.; A ,Jx k�.�...� k . , �it'kSb. s.� � v °�:�,�-A r; . � �: ° �� a$ � k. � .a� a'� >. �; .. . � � i'' -, ., uP. – � �...�� �• : � , ':m:" ��s�.'�'� i . � � �.�C; , ,„� � y �"" 3 + �a , � ' .� 5 # y � , a lx�C6,b� m,n._'. _ .. ... :'�°