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• Settlement Agreement <br /> This Settlement Agreement (hereinafter "Agreement") is made and <br /> entered into by and between the City of St. Anthony ("St. Anthony") and NewMech <br /> Companies, Inc. ("NewMech"), and is based on the following recitals: <br /> RECITALS <br /> A. On or about October 6, 1988, St. Anthony entered into the ETCDC Standard <br /> Form of Agreement Between Owner and Contractor on the Basis of a Stipulated <br /> Price with NewMech for the construction of new sewage pumping station in <br /> St. Anthony (the "Project"), pursuant to plans, drawings and specifications prepared <br /> by Short-Elliot-Hendrickson, Inc. St. Anthony and NewMech entered into Change <br /> Orders to the contract, including Change Orders which extended the time for <br /> • substantial completion and completion under the contract (the ETCDC Standard <br /> Form of Agreement Between Owner and Contractor on the Basis of a Stipulated <br /> Price and the Change Orders are hereinafter collecti vely referred to as the <br /> "Contract"). <br /> B. St. Anthony has claimed that NewMech failed to have the work required <br /> by the Contract substantially complete and complete as required by the Contract and <br /> that it experienced many problems with the Project, including, without limitation, <br /> delays in completing punch list items, power outages, sewage spills, problems with <br /> the bubbler tube, and numerous problems with the pumps and motors. <br /> C. As a direct result of the problems with the Project, St. Anthony withheld <br /> certain payments in the amount of $16,058.50, alleged by NewMech to be due under <br /> the Contract. <br />