THE CITY OF MONTICELLO, IOWA
RESOLUTION #14-112
Resolution to approve agreement with Richard Schneiter in regard to trees temporarily planted near Park and Ride Rotary Shelter.
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF MONTICELLO, IOWA
WHEREAS, Richard Schneiter previously planted trees on City property, on a temporary basis, with the intent being to use the trees for City planting projects, and
WHEREAS, It is not presently clear if the City will be in a position or otherwise be desirous of using the trees for City projects, and with that in mind, arrangements and time frames need to be set to remove the trees from said City property, and
WHEREAS, Richard Schneiter, and the company known as JeMeTy has agreed to have all trees removed from the property by no later than November 1, 2015, with the land on which the trees are planted being restored to a level, mowable condition after their removal, with all removal being the responsibility of Schneiter and any and all damage to the property to be repaired by Schneiter, and
WHEREAS, Richard Schneiter has also been involved with the planting of shrubbery / trees inside the fence of the Monticello Aquatic Center for which he has not been paid, with the understanding of the City Council being that no payment would be made to Schneiter as Schneiter informed the Council that he was going to proceed with a fundraising campaign to cover all costs and that the City would not be responsible for any payment related thereto, and
WHEREAS, fundraising never progressed and no funds were raised to cover the costs of those plantings, and in an effort to resolve ownership and rights to possess the aforementioned trees located in the area of the “park and ride”, as well as potential issues related to the plantings within the aquatic center fences, Schneiter has agreed to release any and all claims and or rights to payment for the plantings within the Aquatic Center area and to release the City from any and all liability related thereto, and
WHEREAS, based upon the above and foregoing, the City Council finds that an agreement should be drafted that will allow Schneiter to remove the trees temporarily planted along the fence line at the “Park and Ride” consistent with the terms and provisions previously set forth herein with Schneiter executing a full release of the City for any and all claims and/or damages, specifically including the plantings within the Aquatic Center fenced area
NOW THEREFORE BE IT RESOLVED by the City of Monticello, through its’ City Council, in session this 17th day of November 2014, that the City Administrator shall draft an agreement with Schneiter that permits him to remove the trees temporarily planted along the fence line at the “Park and Ride” consistent with the terms and provisions previously set forth herein with Schneiter executing a full release of the City for any and all claims and/or damages, specifically including the plantings within the Aquatic Center fenced area, and hereby authorized the Mayor to execute same on behalf of the City Council.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and caused the Great Seal for the City of Monticello, Iowa to be affixed. Done this 17th day of November, 2014.
Dena Himes, Mayor
Attest:
Sally Hinrichsen, City Clerk