Agenda - Council - 01/14/2003 - Laserfiche WebLink

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-224- RELEASE AND SETTLEMENT AGREEMENT This Settlement Agreement and Release is made by and between Ebert Construction, Short Elliot Hendrickson, Inc., and the City of Ramsey, Minnesota, in reference to the following facts: Ebert Construction ("Ebert") requested reimbursement of a claimed duplicate credit that it had given to the City of Ramsey ("the City") for landscaping work ("the Claim"). This proceeding and all claims involved in it arise from the design, construction, operation and maintenance of the CiW of Ramsev Fire Hai.'. ("tt~e pr Pursuant to the terms and conditions set forth herein below, the parties desire to settle all claims alleged, or which could have been alleged, in the claim by any of them as against the other. The parties deem such settlement to be in their respective best interests based upon their investigation of the facts, advice of counsel and analysis of the legal principles involved, The parties desire to settle in order to avoid the expense of litigation and to put to rest all claims which were alleged or which might have been alleged in this action. The settlement of the above-described claims and disputes, including all negotiations leading to the settlement, the payment of consideration therefore, and the contents of this Agreement, are not intended to constitute and shall not constitute any admission or concession of any kind by any party as to such claims and dispute. The parties hereby acknowledge that they wish fully and finally to compromise and settle their claims and disputes. mo Therefore, in Consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Payment The City shall pay Ebert the sum of Eight Thousand and no/100 Dollars ($8,000.00) in addition to amounts already paid. under contract, by executing and delivering a check in that amount payable to Ebert. Such check shall be held in trust by Ebert, and shall not be presented for payment until such time as this Agreement has been executed by all signatories and returned to counsel for the City. I I I I I I I I I I I i I