10-28-13 Council Packet - Laserfiche WebLink

Home Search

with the terms of the original 2011 levy. The Special Assessment on the Vacant Parcel is deferred pursuant to the deferral policy adopted by the City. The Special Assessment on the Vacant Parcel will never be waived, regardless of who develops it or how it is developed. 3. Other Terms. All other terms of the Special Assessment against Eagle Brook, including the interest rate (5 %) remain the same. 4. No Assessment for 80th Street Interchange. The City will not assess the Church Parcel or the Vacant Parcel for any future improvements to the 135E / 80th Street interchange. 5. Release of Claims. In consideration of the reduction of the Special Assessment described above, Eagle Brook does hereby, for itself and for its heirs, executors, administrators, successors, and assigns, releases, acquits, and forever discharge the City and its current or former Council members, agents, employees, servants, successors, insurers, and attorneys from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expense, and compensation whatsoever, including claims for attorneys' fees, known or unknown, asserted or unasserted, which arise out of or in any way relate to the Special Assessment or the City's adoption of the Special Assessment. 6. Dismissal of Current Claims. Eagle Brook shall dismiss, with prejudice and on the merits, all claims and causes of action which are or could have been made in the Anoka District Court appeal entitled Eagle Brook Church of White Bear Lake v. City of Lino Lakes (Court File No. 02- CV -11- 7495). Upon executing this Agreement, Eagle Brook will execute the Stipulation of Dismissal attached hereto as Exhibit 1. 7. No Wrongdoing. The Parties understand and agree that this Agreement is the compromise of a disputed claim and that the reduction of the Special Assessment cannot be construed as an admission of liability or wrongdoing on the part of any Party. 8. Equal Drafting, Choice of Law and Severability. This Agreement must be deemed to have been drafted equally by the Parties. This Agreement will be governed by the laws of the State of Minnesota. If any provision of this Agreement is held unenforceable by a court of law, the remainder of the Agreement shall remain in full force and effect. 9. Entire Agreement. This Agreement is a legally binding contract that represents the entire agreement between the Parties. This Agreement supersedes any and all prior agreements between the Parties as to the subject matter of this Agreement. This 2