06/25/2012 Council Packet - Laserfiche WebLink

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• • • DAVID H. GREGERSON" RICHARD F. ROSOW+ MARK J. JOHNSON* JOSEPH A.NILAN't SARA B. GUNDERSON" DANIEL R. GREGERSON KRISTY L. WARNEN DAVIS A. KESSLER JOSHUA A. DOROTHY MATTHEW J. NELSON GREGERSON, ROSOW, JOHNSON & NILAN, LTD. ATTORNEYS AT LAW 650 THIRD AVENUE SOUTH SUITE 1600 MINNEAPOLIS, MINNESOTA 55402 -4337 TELEPHONE: (612) 338 -0755 FAX: (612) 349 -6718 WW \1'.ERJN.COM ROBERT 1. LANG, RETIRED ROGER A. PAULY, RETIRED 'Also admitted in Wisconsin ~Also admitted in North Dakota •4-MSBA Board Certified Real Property Specialist Writer's Direct Dial: 612 -436 -7477 Writer's E-mail: rrosow a Crjn.Com AGREEMENT TO MEDIATE The parties and attorneys named below acknowledge and agree that they are willing to participate in a mediation process in an effort to reach voluntary agreement to resolve the following: The City of Lino Lakes — I35E CSAH 14 Interchange The parties also acknowledge and agree to be bound by the following ground rules: 1. Duty to Meet. The parties will attend scheduled mediation conferences unless they advise the mediator of their inability to attend at least 24 hours before the conference, unless there is an emergency. 2. Notice. Each party acknowledges that the mediator has given them written notice that (a) the mediator has no duty to protect their interests or provide them with information about their legal rights; (b) signing a mediated settlement agreement may adversely affect their legal rights; and (c) they should consult an attorney before signing a mediated settlement agreement if they are uncertain about their rights. 3. Termination of Mediation. It is understood and agreed that mediation is a voluntary process and any parties to the controversy or signatories to this Agreement are free at any time to terminate their participation therein upon notice to the mediator. The signatories intend for this Agreement and the mediation process to comply with the Minnesota Civil Mediation Act, M.S. § 572 et seq., to the extent that such compliance may be required by any court of competent jurisdiction, and they further intend to waive the provisions of M.S. § 572.33Subd. 3 which provides for termination of mediation upon written notice. 4. Good Faith. The parties agree to negotiate in good faith. The parties may refuse to divulge information but will not give false information or purposely mislead the mediator. 5. Mediator. It is agreed and understood that the mediator does not act as advocate., representative, fiduciary or counsel for any party and has no formal coercive authority to make