05-09-2007 Council Agenda - Laserfiche WebLink

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COMPLETE RELEASE AND SATISFACTION OF ALL CLAIMS FOR THE SOLE CONSIDERATION OF Fifty Two Thousand and no /100 ($52,000.00) Dollars, the receipt and sufficiency of which are hereby acknowledged, the undersigned, City of Little Canada and the League of Minnesota Cities Insurance Trust, and their respective agents, employees, attorneys, administrators, successors and assigns ( "Settling Parties "), hereby fully and forever release and discharge On -Site Sanitation, and its insurer, Acuity Insurance Company, and their respective agents, employees, attorneys, administrators, successors and assigns, and all other persons, firms and entities from all claims, demands, damages, actions, rights and rights of action whatsoever, which the undersigned now have or may hereafter have on account of or in any way arising out of any and all known and unknown, foreseen and unforeseen damages resulting to the undersigned as a consequence of an Incident which occurred on or about September 12, 2005, on or near the Kath Oil warehouse located at or near 90 Woodlyn Avenue in the City of Little Canada, County or Ramsey, State of Minnesota, all as more fully set forth in the City of Little Canada's Complaint. The undersigned, in consideration of the foregoing, hereby authorize and direct their attorney, John E. Hennen, to enter into a Stipulation of Dismissal With Prejudice, on the merits and without costs of this lawsuit against the Settling Parties as set forth in the Summons & Complaint filed in the County of Ramsey, State of Minnesota, and assigned Court File No: 62-C6-06-01176I. It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the parties hereby released, and that the Settling Parties expressly deny any and all liability. The undersigned further declare and represent that no promise, inducement or agreement not herein expressed has been made to the undersigned, and that this Release contains the entire agreement between the parties hereto and that the terms of this Release are contractual and not a mere recital. THE UNDERSIGNED STATE THAT THEY HAVE BEEN REPRESENTED BY LEGAL COUNSEL AND THAT THEY HAVE READ AND FULLY UNDERSTAND THE PROVISIONS OF THIS RELEASE. 4-