HomeMy WebLinkAbout91- Simonson Construction Settlement Agreement
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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
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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 ) ;/
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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.
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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.
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