Approve Reimbursement Agreement with Gaye Guyton from 10083 Great Plains Boulevard Slope Stabilization0
D-5
Phone: 952.227.1120
CITY OF
MEMORANDUM
CHMNSENQ
` "
Recreation Center
TO: Paul Oehme, Director of Public Works/City Engineer
7700 Market Boulevard
On June 23, 2014, Gaye Guyton notified the city about a slope failure on her property
PO Box 147
FROM: Alyson Fauske, Assistant City Engineer/)*"
Chanhassen, MN 55317
I
Planning &
DATE: July 11, 2016
Administration
project.
Phone: 952.227.1100
SUBJ: Approve Reimbursement Agreement with Gaye Guyton for the 10083
Fax: 952.227.1110
Great Plains Boulevard Slope Stabilization, State Grant Agreement
Public works
No. A-HMGP-DR4182-CHANHASCI-008
Building Inspections
Phone: 952.227.1180
On June 13, 2016, the City Council approved Grant Agreement No. A-HMGP-
Fax: 952.227.1190
PROPOSED MOTION
Engineering
"The City Council adopts a resolution rescinding approval of the Cost Share
Phone: 952.227.1160
Agreement with Gaye Guyton that was granted on June 13, 2016 and approves the
Fax: 952.227.1170
Fax: 952.227.1110
Reimbursement Agreement with Gaye Guyton."
Finance
Phone: 952.227.1140
City Council approval requires a simple majority vote of the City Council present.
Fax: 952.227.1110
owner requested some modifications to the Agreement to clarify her financial
Park & Recreation
BACKGROUND
Phone: 952.227.1120
Fax: 952.227.1110
During a storm on June 19, 2014, the City received five inches of rain over about a
six -hour period.
Recreation Center
2310 Coulter Boulevard
On June 23, 2014, Gaye Guyton notified the city about a slope failure on her property
Phone: 952.227.1400
Fax: 952.227.1404
located at 10083 Great Plains Boulevard. To mitigate the failure, a slope stabilization
project is necessary. Federal funds are available for such projects and cover up to
Planning &
75% of the project cost. In order to receive federal funding, the City must sponsor the
Natural Resources
project.
Phone: 952.227.1130
Fax: 952.2271110
At the May 26, 2015 meeting, the City Council approved a Resolution of Support for
Public works
a Federal and State Funding Grant for the slope failure.
7901 Park Place
Phone: 952.227.1300
On June 13, 2016, the City Council approved Grant Agreement No. A-HMGP-
Fax: 952.227.1310
DR4182-CHANHASCI-008 with the Minnesota Department of Public Safety, a Cost
Share Agreement with Gaye Guyton, and a $59,930 engineering services contract
Senior Center
with Barr Engineering.
Phone: 952.227.1125
Fax: 952.227.1110
DISCUSSION
Website
www.ci.chanhassen.mn.us
After the Council approved the Cost Share Agreement on June 13, 2016, the property
owner requested some modifications to the Agreement to clarify her financial
obligations and identify her role as the project owner upon project completion.
g:\eng\public\pwl 16d 2014 storm event\10083 great plains\staff reports\20160711 approve revised agmt guyton.docx
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Paul Oehme
Approve Reimbursement Agreement
July 11, 2016
Page 2
A summary of the Agreement modifications are as follows:
a) Document is now a "Reimbursement Agreement" instead of a "Cost Share Agreement" to
accurately reflect the intent of the Agreement.
b) Under Paragraph 2, Project, the following language was added: "The City makes no
representations or warranties concerning the Project. Upon completion of the Project, the
Property Owner will be the Project Owner."
c) The following language was added to Paragraph 3, Responsibility of Cost: At no time
will the City bear any financial obligations associated with the Project.
d) Under Paragraph 4, Financial Security, language was added to clarify that any remaining
financial security will be released to the Property Owner upon project completion.
e) The following language was deleted from Paragraph 4, Financial Security: Upon release
the Property Owner assumes all financial obligations associated with the slope
stabilization. This language is replaced by changes summarized in b) and c), above.
The City Attorney has reviewed the document and finds it acceptable.
Attachments: 1. Resolution.
2. Reimbursement Agreement.
g:\eng\public\pw116d 2014 storm event\10083 great plains\staff reports\20160711 approve revised agmt guyton.docx
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: July 11, 2016 RESOLUTION NO: 2016 -XX
MOTION BY:
SECONDED BY:
A RESOLUTION RESCINDING APPROVAL OF THE JUNE 13, 2016 COST SHARE
AGREEMENT WITH GAYE GUYTON AND APPROVING A REIMBURSEMENT
AGREEMENT WITH GAYE GUYTON FOR THE SLOPE STABILIZATION PROJECT AT
10083 GREAT PLAINS BOULEVARD — PW116D1
WHEREAS, the City Council previously approved an Agreement with Gaye Guyton; and
WHEREAS, Gaye Guyton has requested changes to the approved Agreement.
NOW THEREFORE, BE IT RESOLVED by the Chanhassen City Council as follows:
1. Rescinds the Cost -Share Agreement dated June 13, 2016 with Gaye Guyton.
2. Approves the Reimbursement Agreement with Gaye Guyton for slope stabilization work to be
performed at 10083 Great Plains Boulevard.
Passed and adopted by the Chanhassen City Council this I Ith day of July, 2016.
ATTEST:
Todd Gerhardt, City Manager
Denny Laufenburger, Mayor
YES NO ABSENT
[Space Reserved for Recording Data]
REIMBURSEMENT AGREEMENT
AGREEMENT made this 11th day of July, 2016, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation ("City") and GAYE L. GUYTON (the
"Property Owner").
RECITALS
A. Property Owner is the owner of property legally described as:
Lot 2, Block 1, Buresh Addition, Carver County, Minnesota,
having a street address of 10083 Great Plains Boulevard, Chanhassen, Minnesota (the
"Subject Property").
B. The City intends to proceed with a slope stabilization project ("Project") on the
Subject Property ("Project") in conjunction with Minnesota Department of Public Safety
Grant Agreement No. A-HMGP-DR4182-CHANHASCI-008 a.k.a. FEMA -4182 -DR -MN
which is attached hereto as Exhibit "A" and which is incorporated herein.
C. The cost share guidelines set forth in Exhibit A require that the City fund
twenty five percent (25%) of the project cost ("City Cost"). The City requires Property Owner
to reimburse the City one hundred percent (100%) of the City Cost.
D. At the June 13th, 2016 City Council meeting the Chanhassen City Council
awarded Barr Engineering (the "Engineer") the consultant contract for the proposed work.
The City intends on entering into a contract with a General Contractor to complete
construction of the Project.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS
THE PARTIES AGREE AS FOLLOWS:
1. RECITALS INCORPORATED. The recitals set forth above are hereby
incorporated into and made a part of this Agreement.
2. PROJECT. The Property Owner authorizes construction of the Project on the
Subject Property. The City will coordinate the Project on the Subject Property and have the
project constructed on the Subject Property, if the necessary funding is received by the City.
The City makes no representations or warranties concerning the Project. Upon completion
of the Project, the Property Owner will be the Project owner.
3. RESPONSIBILITY OF COST. The Property Owner shall reimburse the City
one hundred percent (100%) of the City Cost to construct the project. The City may draw on
the financial security provided by the Property Owner to reimburse the city. If the financial
security is inadequate, upon demand by the City and Property owner will pay the City the
balance of the City's costs. At no time will the City bear any financial obligations associated
with the Project.
4. FINANCIAL SECURITY. The Property Owner shall supply an $82,800
financial security in favor of the City. This amount is equal to 115% of the estimated City
Cost included in Exhibit A. If the bid amount of the Project exceeds $288,000 the property
owner shall supply additional security such that the security equals 115% of the City Cost of
the bid amount. Upon completion of the Project and determination by the Engineer that the
slope has been adequately stabilized all remaining security will be released to the Property
Owner.
5. BINDING EFFECT; RECORDING. This Agreement shall be binding upon
the Property Owner and the Property Owner's successors and assigns. This Agreement
may be recorded against the title to the Subject Property.
2
PROPERTY OWNER:
jdqL
Gaye t. Guyton
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2016, by Gaye L. Guyton, a single person, the above-named
ProlSerty 6wner.
DEEANN M. TRIETHART
� . Notary Publlc-Minnesota
My 0oMm1aWW Exphw Jan 31, 2019
CITY OF CHANHASSEN
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
Notary Public
AND
Denny Laufenburger, Mayor
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this day of
, 2016, by Denny Laufenburger and by Todd Gerhardt, respectively
the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON, P.A.
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
[RNK]
ORIGINAL
Gant Apsemetat
hfinaeaetm Department of Public Sarrty ("State')
HorrtclmW Secunty and limergrncy Management Division
445 Minarsou Surd, Suitc 223
St Paul, Mirmesula 55101
f„ ralttee:
city of Chauhusar
7711D JJarllat BouletwdiPO Box 147
Chanhaason, Mimirsotn 55317
Gruntee's Authorized Repraeutative:
P&W Ochme, DiraIm Public Works/Cily Eng -
7700 Maio! Dculavard; PO Box 147
thaahauen, Minnexots 55317
Phone: 952.,227-1169
Parc I of 2
Grant Program; Hazard Mitigation DR4182
Grant Agrextntat No.: A-IFM(iP-f)R4182-
C:HANHASCI-1:08
Otaat A;reemcnt Term-
i:tied ve bsto. 3/188016
j ExArstion Date; 3!17/2019
Grant Agreement Amount:
t Original Agreement $21e,000.W
Matching Requketnent $71,000.00
c -trust!: p0ehmo(ii G.ctuadwwacnmo.us I
Matt's Authorized Repteaeatative: Federal FurAing: CFDA 97.039
Irmtifer R. Nclavu, Stalc Ilszwd Mitigation OtYfoer State Funding- none
Ilnrnciand Security and P.mvcWnney Maaagtwowt Spoclal Cmrditious: None
445 Mlnnesots SL, Sttilr. 223
St. Pant, Minuesrna 55101
Phone: 651-201.7427
Jennifer.e melsoniAstatar:m.tu
Unect Muni. Stat, 4 229M1, Subd 2 fol the Sute is empowored to eater into this grant agreeroertt,
Trus: Effective date is the data shown above or the date the State o'utaitn all required 3igastures uncles Minn.
fits! 116B.98, aubd. 7, whicheveris lata. Once this grant agrectneut it My executed, the Gmtee may claim
rehnbunsew&nt for expendinuaa incurrod pursuant to the Payment clause of this grant sgroearont.
RciwIP raerments wi11 only be range I'm those, eacpmdittnrs mad; according to the leans of this grant agrrtment.
Expinition date is the date shown above or until all ubtigetiunn hive bom satisfactorily fulfltlad, whichever ucrvo
Drs t.
The Grantee, who in trot a state ernpluyee will:
Perform and accomplisb such purposca and activities as specified berriu and In the Grantcc's approval Hazard
MWSafi= DR4182 Application ("Application') which is lncLgwmW by rnforc:ce iatu this srtnrt agreement lad
on file with the State st liarneLttul Seogrity and Emergency Management Divi slon, 445 Minmots Street, Suite
223, St. Paul, Minnesota 55101. Tbr Grantee shall also coinp,y with all icquirettwnts referenced in the f lumd
Mdigation DR41 fs2 Guidelioes and Application which Includes the Terra and Conditions and Grant Pmgrartt
Guidelines (h ,,ps:)j'a2t:.dtta nutyov/F,(jrants), which arr incorporated by reference into this grant egmtment
Budge Revtrivru: The breakdown of costs of the U antse'a Budget is contained in Exhibit A, which to attu3:ed
and in.�orporatcd Into this Want agreement As atwmd In the Grantee's Application slid Grant Program Gtddrlinea,
the Cinmtoe will vibrnit a %Tittm change Rquat for any substitution of budget iterru or any deviation and ir
accordance with the Grant Program GuideNnen. Requeab mu,l he approved prior to any expenditure by the
Cry at:tcc.
afctrhtng Rr4airemencr: (1f applicable) As stated in the Gran.ee's Application, the C}ramtco ceMfiea that the
matching requirc.-n nt will be mol by the (ranee.
Pe^ersn As statod in the Grantee's Application and Grant Prugnm duidanco, the State will Promptly pay the
omnrtca aftar the ('acrd + presents an invoice for the acral^es actuapy performed sod the State's Authnn•rrd
Relxr-gmtstive accepts the invoiced services said in "c wdanre with the Glint Program Guidelines- Payment %OU
DPA Ckva A,aeasa cw awrsrrtu (0e/14)
Ginrt A6•rctmmi l'aEr ) of
I
nal be auric if thr Guntre has r,.N satisf.rd ri;nirting rt:fttiitmruts.
L'rr•rifkation RegardlRx Lcrbb}dng. (if applicable ) Otantccs mctivir.K feAmid finds ova E10(1,00D.00 must
CWT. Icte taxi tttttrn the (Anifi"tinn kogAT"r.1rbbyicq; favi provi&%1 by ILe Slate to tht Omntee•
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4anrd "gaycn DR -4182
Oagani�aYen! Chanhassen, City of EXHIP T A
A4tMGP-0Rs18bCHANHASCWX I
Budgr, Svrr.marY (Repan
ON20=i S
paw , .r,
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
Joel J. Jamnik
Andrea McDowell Poehler
Soren M. Mattick
John F. Kelly
Henry A. Schaeffer, III
Alina Schwartz
Shana N. Conklin
Amy B. Schutt
James J. Monge, III
Jerome M. Porter
Kurt S. Fischer
Grand Oak Office Center 1
860 Blue Gentian Road
Suite 290, Eagan, MN 55121
651- 452 -50011
Fax 651 -234 -6237
www.ck- law.com
i'A� nod
CAMPBELL KNUTSON vo$3 &e
Professional Associatiot Q 1a;'� 6
August 17, 2016
Ms. Jean Steckling
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
Dear Jean:
oliy ItacegVED SSE :
4U G 2 2 2016
�QWEEMW- L I-
Enclosed herewith for your files is the original recorded Reimbursement
Agreement between the City and Gaye L. Guyton, recorded July 21, 2016, as
Document No. A6' )0574.
cjh
Enclosures
Very truly yours,
CAMPBELL KNUTSON
Professional Assoct - n
Carole J. Hoeft, Legal Assistant
Document No. A630574
OFFICE OF THE COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Certified Recorded on -July 21, 2016 12:44 PM
Fee: $46.00
IIIIIIIIIIIIIIIIIII Count Recorder
630574
[Space Reserved for Recording Data]
REIMBURSEMENT AGREEMENT
AGREEMENT made this 11"' day of July, 2016, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation ( "City ") and GAYE L. GUYTON (the
"Property Owner').
W X1� �
A. Property Owner is the owner of property legally described as:
Lot 2, Block 1, Buresh Addition, Carver County, Minnesota,
having a street address of 10083 Great Plains Boulevard, Chanhassen, Minnesota (the
"Subject Property').
B. The City intends to proceed with a slope stabilization project ( "Project ") on the
Subject Property ( "Project ") in conjunction with Minnesota Department of Public Safety
Grant Agreement No. A- HMGP- DR4182- CHANHASCI -008 a.k.a. FEMA- 4182 -DR -MN
which is attached hereto as Exhibit "A" and which is incorporated herein.
C. The cost share guidelines set forth in Exhibit A require that the City fund
twenty five percent (25 %) of the project cost ( "City Cost "). The City requires Property Owner
to reimburse the City one hundred percent (100 %) of the City Cost.
D. At the June 131', 2016 City Council meeting the Chanhassen City Council
awarded Barr Engineering (the "Engineer ") the consultant contract for the proposed work.
The City intends on entering into a contract with a General Contractor to complete
construction of the Project.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS
THE PARTIES AGREE AS FOLLOWS:
1. RECITALS INCORPORATED. The recitals set forth above are hereby
incorporated into and made a part of this Agreement.
2. PROJECT. The Property Owner authorizes construction of the Project on the
Subject Property. The City will coordinate the Project on the Subject Property and have the
project constructed on the Subject Property, if the necessary funding is received by the City.
The City makes no representations or warranties concerning the Project. Upon completion
of the Project, the Property Owner will be the Project owner.
3. RESPONSIBILITY OF COST. The Property Owner shall reimburse the City
one hundred percent (100 %) of the City Cost to construct the project. The City may draw on
the financial security provided by the Property Owner to reimburse the city. If the financial
security is inadequate, upon demand by the City and Property owner will pay the City the
balance of the City's costs. At no time will the City bear any financial obligations associated
with the Project.
4. FINANCIAL SECURITY. The Property Owner shall supply an $82,800
financial security in favor of the City. This amount is equal to 115% of the estimated City
Cost included in Exhibit A. If the bid amount of the Project exceeds $288,000 the property
owner shall supply additional security such that the security equals 115% of the City Cost of
the bid amount. Upon completion of the Project and determination by the Engineer that the
slope has been adequately stabilized all remaining security will be released to the Property
Owner.
5. BINDING EFFECT; RECORDING. This Agreement shall be binding upon
the Property Owner and the Property Owner's successors and assigns. This Agreement
may be recorded against the title to the Subject Property.
2
PROPERTY OWNER:
Gayle f. Guyton
STATE OF MINNESOTA )
)ss.
COUNTY OF )
<S�
`The foregoing instrument was acknowledged before me this _ day of
�, 1 , 2016, by Gaye L. Guyton, a single person, the above -named
Pro erty Owner.
�+
AM. TRIETHART
Notary Public- Minnesota ;; : y cor"Jasim Fxpfres Jan 31,2019
CITY OF CHANHASSEN
STATE OF MINNESOTA
)ss.
COUNTY OF CARVER
Notary Public
in
ALL
I uUU VGI I IQI ut, %_ lILY IVIQI IQyGI
The foregoing instrument was acknowledged before me this day of
2016, by Denny Laufenburger and by Todd Gerhardt, respectively
the M yor and City Manager of the City of Chanhassen, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
'- Ulm
Nota Pubic
DRAFTED BY:
CAMPBELL KNUTSON, P.A.
X 860 Blue Gentian Road, Suite 290
` Eagan, Minnesota 55121
Telephone: 651 - 452 -5000
[RNK]
i
KIM T. MEUWISSEN
Notary Public- Minnesota
;;�" My commission Expires Jan 31, 2020
EXHIBIT "A"
0RIGINAL
Glint Apw aW
Mia>.aO*& T *paritnent of Public Sa[ety (�State�
Hom0and Security and Ear nergmey'rta,tegrmcxnt Division
445 Mint esota Sued, Suite 221
St. Patti Minnesota 551 n 1
Cie! ad tCl�tlariettsv
77 e(9gulewwd�PO_8oa 147,
Paul Ochme, Tii root Public WoricarC.ity Ling
7700 Muriel Rc ulc aMd PO Box 147
Chanhassen, Minnesota 55317
Phone: 952 -227 -1169
c -mail:
us
State's Authotiretl Repteacatattve:
Ietanifer T:. NiAub, State Tiaaadd Mitigation Offices
Ilornelsad Security and Tbnctgency M"Lwnem
443 Miarma St., Snilc 223
S1, Peal, WAtmesota 53141
Phom 651 - 201.7427
Jennifcro.nelao tsta,tnao.ns ��
Page I of 2
1lawd Mitigation DR-41
Cnat A;roetnent No.: A- HMGP- t)R4182.
Greet Agrtment Term:
Etfeet t bsto: 3!182016
WratiupDate: Yl7tMJ9
(rant 4mentent Amount: --
Origioai Agreement $21 b,000.00
Matching Requi raw, $72,000.00
Federal Trtiutding: CFDA 47.039
State Funding ntrix
Special Conditio u+: None
UneCt Minim. Stet. ;"9 Q1 VW 2 W the State: is w Trowoted to Wet into this grant agreamait,
Tuner: F.fTccti✓e d.te is thz date abown oborr or the data the State obWas all required sipptxtt ms under Mina.
Stet 1 16BA, subd. 7, whichevarin late. Once this gram akrtcuroat is tally exomtui, the G tutee may claim
relmintrseda of for expandittaaa inawrzd pursuant tun the Payment clause of this grant sgra:mc.nt.
RetwtA rstimots %ill only be maAk fen thosv expemdihnis made according to the tcrma of thin grant agreement.
Expinition date is the date shown abowe to until all obfigattutu have basal aatisfbctcrity fulfi(led, whicbrver creeds
first.
The Granter, who is rot a state employee will:
Perfbrm and aecomplisb such purpose and activities as epeoified herein and in the CkuWcc's approval Hirxard
Mitiptice DR -4182 Appliaaticit ("Alrplication') whir,, is incorpomtod by m(cr ,, into this gsmt agreement trod
tie file '° the ;;fate. 9r. Ilon�lt!*tt+ Scottrin =.� dxm�ency P.�Iartage�*a'rrt T�ivisior, 4di 4I;,n�ea Sti.�t, S, „t..
223, St, Psti4 Minnesota 55101, the Gnartec &hail also comply with all tcquirctrwnts referenced in the TIaurd
Mitigation UR4182 Guidelines and Application which includes the Terms and Cni editions and Grant Program
Ouido'isxa (>ttt,J a .d _ a »t gxspfF�rran.$), which Qr incrrnrorattd by rofereacc into untie pant e8zu a Treat
Budj=d Rer4do—, The broakbawb of cctau of the t.inwtoe'a Budget is Dantained in Exhibit A, which Is attsohad
sad in;:orptrralui into this peat tgtec-r ML As itated b: the Grantee's Application acid Ctrant Program Ouidelinea,
the Guterman will rubmA a written change rtquest for any substitution of budget ilam or any dmistion and in
accordance with the Grout Program Guidehnes. Regateah must he approved prior to any expenditwe by the
Grantee.
Matching Rrgairranents: (if applicable.) Aa stated in the Gmwee's Application, the Otani” c ttfies that the
tnawh:ng mquirt::ncrnt will be tract by the (iTantec.
P"snt: At stated in the Gmtoc's Application and Grant Program Guldsocc, the State will ply pay the
('metre afla the Cmnfc- prcacnts an invoice for the smdcts acnAlly perfwmed and the State's Authonzcd
Rrptr rotative accepts the. invoiced services and in aceo:daa" with the Grant Program Guidelines. Payment will
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nM be rvm& if tht GrQu*r has u.K eatiAcd reporting tequirennes u,
Cer*firwion Regardlirx bomydngs (if applicable.) omme" Itceivinr fedo -O Rio& O.Tf $ iCN1,00D 00 must
cm.Vletic and rrmmIthr CAmificatinn kegat"r, irblrviny fcxm ptovidrtl by tlm State (o tht i"imme.
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