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CC RES 02-065 A RESOLUTION APPROVING A SETTLEMENT AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT
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CC RES 02-065 A RESOLUTION APPROVING A SETTLEMENT AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT
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RES 2002
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CC RES 02-065 A RESOLUTION APPROVING A SETTLEMENT AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT
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• Barbarossa. Accordingly, pursuant to paragraph two of this agreement, the City will issue a <br /> $146,067.84 check to Barbarossa in full and final payment of the Settlement Amount. The City <br /> agrees that Barbarossa's contractual, post-acceptance warranty has expired. <br /> 2. The Settlement Amount shall be paid by the end of business on September 20, <br /> 2002. Late payments shall bear interest at the rate of 18%per year. <br /> 3. Upon payment of the Settlement Amount to Barbarossa, the parties to this <br /> agreement will be deemed mutually released and forever discharged from all claims previously <br /> asserted in this lawsuit or against WSB and its insurers and all other claims arising out of the <br /> City's 2000 Street and Utility Improvements project, with the sole exception of claims for <br /> indemnity or contribution from claims for personal injury and property damage asserted by <br /> persons or entities who are not parties to this agreement. This release also extends to the parties' <br /> • officers, agents, employees, successors, heirs, assigns, and insurers. <br /> 4. Upon payment of the Settlement Amount, the parties will stipulate to this <br /> lawsuit's dismissal with prejudice pursuant to the terms of this Agreement. <br /> 5. In entering into this Agreement, the parties each acknowledge and represent that <br /> theyought and obtained legal advice of their attorneys, and read, fully understood, and <br /> voluntarily accepted the terms of this Agreement. <br /> &..6. The parties will absorb their own attorneys' fees and other costs related to this <br /> lawsuit. <br /> 6_:7. As the compromise of disputed claims, this settlement is neither nat an admission <br /> of liability nor a statement against the interest of any person or entity. <br /> 2249344v1 <br />
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