09/04/2012 Council Packet - Laserfiche WebLink

Home Search

SETTLEMENT AGREEMENT Frank Kern et al., Plaintiffs, vs. Marlin Hansen et al., Defendants; Court File No. C3 -91 -3711, Tenth Judicial District, District Court of Minnesota. Page 3 of 5 file with Anoka County. Marlin Hansen agrees to participate with all bound property owners in amending the covenants, including payment of his equal share of the costs of this process, not to exceed one -tenth of the total costs. 6. Marlin Hansen agrees to work with the channel association to remove rocks in the channel that obstruct navigation. 7. The City of Lino Lakes agrees to place two "Children at Play" signs on existing Otter Lake Drive. 8. The Plaintiffs agree not to impede or oppose the development of Oak Brook Peninsula in any manner whatsoever, with the provision that the development of Oak Brook Peninsula and the construction of the private road and bridge is undertaken consistent with the settlement agreement and all applicable laws. 'The Plaintiffs agree to refrain from directly and indirectly 'interfering in any way whatsoever with the development of Oak Brook Peninsula._ The Plaintiffs acknowledge that the Protective Covenants, as currently on file with Anoka County, do not prohibit the construction of the bridge across the channel as proposed by Ronald and Robert Adamson (as shown in Attachment D). 9. Ronald and Robert Adamson and Marlin Hansen agree to deliver to the Plaintiffs' attorney, Brent L. Vanderlinden, on or before December 21, 1991, a cashiers' check for $13,000.00 payable to Brent L. Vanderlinden. 10. In consideration of this settlement, the Plaintiffs agree to dismiss with prejudice all claims raised in the amended complaint against Marlin Hansen, Ronald and Robert Adamson, and the City of Lino Lakes; and Marlin Hansen and Ronald and Robert Adamson agree to dismiss with prejudice all counterclaims they have raised. 11. All parties to the settlement agree that if any dispute arises as to performance under the settlement agreement the parties to the dispute will attempt to resolve it through mediation at Mediation Services for Anoka County, Coon Rapids, Minnesota, provided that all plaintiffs still residing in Otter Lake Estates must agree by simple majority to pursue such a claim. If the mediation process proves unsuccessful, the parties agree that any aggrieved party may seek to resolve the dispute in Anoka County District Court, with the prevailing party entitled to reasonable