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HomeMy WebLinkAbout91- Simonson Construction Settlement Agreement . j'\ ",' V i 1 0,/)' ,,: I ~'- ,I){. SETTLEMENT AGREEMENT /j.;j 5~ 1991, between the City Made this ____ day of , of Bozeman, a municipal corporation and political subdivision of the State of Montana, hereinafter referred to as the Plaintiff, Norval Simonson d/b/a Simonson Construction, hereinafter referred to as defendant. Recitals Whereas, the City of Bozeman has filed a complaint against Norval Simonson in the Eighteenth Judicial District Court being assigned Cause No. DV-91-415 by the District Court wherein the City of Bozeman seeks monetary damage against Norval Simonson d/b/a Simon Construction for an alleged breach of contract between Simonson Construction, Forrest Tate, and the City of Bozeman entered into on or about September 7, 1989 for the the rehabilitation of an address located at 326 Lindley Place, Bozeman, Montana; and, Whereas, Norval Simonson d/b/a Simonson Construction denies any and all liability or damage under said contract; and, Whereas, the parties hereto have discussed the possibility of compromise. NOW, THEREFORE, in consideration of the foregoing Recitals and the terms and conditions contained herein, be agreed to between the parties as follows: 1. That Norval Simonson, without admitting liability and compromise of this matter, agrees to pay to the City of Bozeman within 120 days the sum of Two Thousand One Hundred Sixty-eight Dollars and forty-seven cents and release his mechanic's lien , ,. . i against the Tate property located at 326 Lindley Place, Bozeman, Montana, to and in exchange for receipt of the foregoing sum of money, the City of Bozeman agress to dismiss the lawsuit filed against Norval Simonson and to execute a release of all claims against Norval Simonson under the foregoing contract. Executed on the day and year first above written. NORVAL SIMONSON CI'1Y OF BOZE~N ) ;/ 7l7~:ion , . / /' I '} , ;'.. /",/ ). <.... I /Pc>' "~--\ I Y'--~ I .- Its eft II f1,tJ-l '^ \If ~ . , . . ;~ '.~. y'tfii .. PROMISSORY NOTE Note Amount: $2,168.47 Term of Note: 120 Days at 0% interest I, Norval Simonson d/b/a Simonson Construction, in consideration of the dismissal of the complaint filed against me by the City of Bozeman and being assigned Cause No. DV-91-4lS by the Eighteenth Judicial District Court for Gallatin County Montana, hereby promise to pay to the City of Bozeman the sum of $2,168.47 on or before November 29, 1991. In the event the City of Bozeman needs to bring suit to collect on this note, I understand that I will need to pay costs and attorney's fees necessitated by any such suit. Montana on the ~ Executed in Bozeman, Gallatin County, day of , 1991. . .. , . . . . II.' I I . , t('r, .... ,'.' , RELEASE )7 Norval Simonson, Simonson Construction Tate Property The City of Bozeman, in consideration of the sum of Two Thousand One Hundred Sixty-eight Dollars and forty-seven cents ($2,168.47) as evidenced by the attached promissory note, and other valueable consideration to them in hand paid including the release of the mechanic's lien on the Tate property, does for itself release and discharge Norval Simonson d/b/a Simonson Construction and his heirs, executors, and successors in interest from any and all causes of action, claims, or demands growing out of that certain contract entered into between the parties for the rehabilitation of the Forrest Tate property entered into on September 7, 1989 and agree that the contract is cancelled and declared void. It is further understood that this settlement is a compromise of a disputed claim, and that payment is not to be construed as an admission of liability on the part of Norval Simonson by whom liability is expressly denied. EXECUTED in Bozeman, Montana this ~ day of S~l. , 1991. aOF21i?L (' , ~ 7 flit-o-t v\ /'