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HomeMy WebLinkAboutSettlement Agreement -',", .~~ PRl.O~'.'.",. ~ ~... [.., . .... ';PI U .~ l'11/ ~INNESOi~ /' . 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 November 5, 2008 Georgiann Dillon 5375 Centennial Street Southwest Prior Lake, MN 55372 RE: Settlement Agreement - 2 Tree Plantings Dear Ms. Dillon: I have made numerous attempts to contact you by phone to coordinate planting of one Ash and one Maple tree on your property per the subject agreement. You should be in possession of two survey stakes labeled with one of the tree types. If you would like to move forward with planting this s(:ason, please choose a location on your property by placing the survey stakes in the ground and contact me prior to 4:30pm on November 1 ih at 952-447-9831. If planting does not take place this season, the City will wait for you to contact us with a decision on location sometime in the Spring of next year. Sincerely, r~~- Ross Bintner Water Resources Engineer CITY OF PRIOR LAKE, MN cc: Al Friedges, Parks Supervisor Larry Poppler, Assistant City Engineer ~LJi:;r www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 / (..,-C.)" ,~Oo ,r-. J Ci" ) I 0 I-... 4 lj \) ~ L I 0) <:' l SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Agreement") is entered into by Georgiana Dillon ("Dillon"), and the City of Prior Lake ("City"), a Minnesota municipal corporation (collectively the "Parties") effective on the latest of dates indicated below. WHEREAS, Dillon is the owner in fee of certain property located at 5375 Centennial Street Southeast, in the City of Prior Lake. WHEREAS, the City assessed the Dillon property the total sum of$15,562.00 in connection with street improvements, City Project Numbers 05-01 and 05-11, 2005; and WHEREAS, a dispute has arisen between the Parties concerning the amount of the City's assessment; and WHEREAS, Dillon alleges that the special benefits from the public improvements have not resulted in ~m increase in the market value of Dillon's property in an amount equal to or greater than the amount of the assessments; and WHEREAS, the City contencls that the special benefits from the public improvements have re~ulted in an increase in the market value of Dillon's property in an amount equal to or greater than th(: amount of the assessments; WHEREAS, the undersigned wish to resolve and settle the dispute between themselves; NOW THEREFORE, the Parties in consideration of the mutual promises contained herein agree as follows: 1. The City agrees to reduce the assessments on Dillon's property as follows: the assessment of the Parcel shall be reduced from $15,562.00 to $12,000.00. 2. The parties agree that Dillon may elect either to (a) pay the assessment amount in a lump sum of$12,000.00, plus accrued interest in the amount of$288.00, if Dillon makes such a payment on or before November 15,2006, or alternatively, (b) pay the assessed amount, DN: 294464 together with accrued interest at an interest rate of six percent per annum, by making payments over a period of time consistent with the City's policy regarding payment of assessment amounts over ten years. 3. The City also agrees to provide Dillon with two 1 Y2 - 2" caliper maple or ash trees, which the City agrees to plant at locations designated by Dillon in her yard (so long as those locations do not infringe upon any easements). 4. Dillon hereby releases the City from the liability regarding the assessments the City may have to Dillon for any and all claims that Dillon may have against the City and its current and fonner officers, employees, attorneys, agents, assigns, insurers, representatives and counsel for anything related to the assessments made by the City that has occurred up to the date of execution of this Agreement. For the consideration expressed herein, Dillon hereby releases and discharges the City from all liability for damages, affirmative or equitable relief, judgments, or attorneys' fees and agrees not to institute any claim for damages, affirmative or equitable relief, judgments, or attorneys' fees by charge or otherwise, nor authorize or assist any other party, governmental or otherwise, to institute any claim to recover damages, affIrmative or equitable relief: judgments, or attorneys' fees on their behalf via administrative or legal proceedings against the City for any damages, judgments, or attorneys' fees regarding the assessments. Dillon does not release any claims related to the workmanship and repair of the improvements performed by the City. 5. Dillon agrees to take any and all steps necessary to dismiss the Notice of Appeal of Special Assessments that she filed with Scott County District Court, including an execution of a Notice of Dismissal in the form attached hereto as Exhibit A, within two weeks of execution of this Agreement. DN: 294464 2 6. This Agreement is the result of a compromise of doubtful and disputed claims and is not an admission of any liability on the part of the Parties. 7. Should any of the provisions of this Agreement be rendered invalid by a court or governmental agency of competent jurisdiction, it is agreed that this shall not in any way or manner affect the enforceability of the other provisions of this Agreement which shall remain in full force and effect. 8. This Agreement shall be governed by, and inspected in accordance with, the laws of the State of Minnesota, not including its choice-of-Iaw rules. It is the express intent of the Parties that this Agreement be binding and enforceable under the principles oflaw applicable to contract and that the Agreement itself may be used as evidence in subsequent proceeding in which any party alleges a breach of this Agreement. 9. This Agreement constitutes the entire agreement and final understanding between Dillon and the City. It is intended by the Parties as a complete and exclusive statement of the terms of their agreement. It supersedes and replaces all prior negotiations and all agreements proposed or otherwise, whether written or oral, concerning the subject matter hereof. Any representation, promise or agreement not specifically included in this Agreement shall not be binding upon or enforceable against either party. This is a fully integrated agreement. Any modification of, or addition to, this Agreement must be in writing signed by Dillon and an authorized representative of the City. 10. Each party has cooperated in the drafting and preparation of this Agreement. Hence, in any construction to be made of this Agreement, the same shall not be construed against any party on 1he basis that the party was the drafter. DN: 294464 3 11. This Agreement may be executed in counterparts, and each counterpart, when executed, shall have the efficacy of a signed original. Photographic copies of such signed counterparts may be used in lieu of the originals for any purpose. 12. All parties agree to cooperate fully and to execute any and all supplementary documents and to take all additional actions that may be necessary or appropriate to give full force to the basic terms and intent of this Agreement and which are not inconsistent with its terms. 13. Dillon hereby affirms and acknowledges that she has read the foregoing Agreement, that she has been advised to consult with an attorney prior to signing this Agreement, and that she has, in fact, consulted with an attorney of her own choosing before executing this Agreement. Dillon further affirms that she understands the meaning of the terms of this Agreement and their effect and that she agrees that the provisions set forth in the Agreement are written in language that they understand. Dillon represents that she enters into this Agreement freely and voluntarily. IN WIlNESS WHEREOF, the parties to this instrument have signed and dated this five (5) page Agreement as indicated below. Ji~~~ Iy:J1 KJ Aeorgiana Dill G€cYtJ I~n Subscribed and. sworn to before me this ~ day of be 1J::>.a.- , 2006. ~~, ~l9 Notary hc Darcy Anfta..Hokkanen NoIary PublIC . MInneIoIcI Anoka county My ComrnIIIIon Expnc Jon. 31. 2010 Dated: JJ~\l8~J,~ 2~ wI, CITY OF PRIOR LAKE ./ By: 1J~~,~- Its: ~"hr ~_~ryrv ON: 294464 4