HomeMy WebLinkAbout95- Boz Inc. Settlement Agreement and Release
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SETTLEMENT AGREEMENT AND RELEASE
THIS SETTLEMENT AGREEMENT AND RELEASE is entered into between
BOZ, INC. and the CITY OF BOZEMAN, hereinafter referred to as
"CITY" .
Boz, Inc. has asserted claims in the Eighteenth Judicial District
Court, Gallatin County, Montana against the City In an action
entitled Boz, Inc. vs City of Bozeman, Cause No. DV 94-204. On
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August 30, 1995, the Court entered a Judgment in the aforementioned
case against the City. The City subsequently filed a Notice of
Appeal to the Montana supreme Court. The parties desire to enter
into this Settlement Agreement and. Release and to dismiss the
aforementioned action, appeal and any cross-appeals.
Boz, Inc. agrees to release, acquit and forever discharge the
City, its agents, its employees, departments and officials from any
and all claims, actions, causes of action, demands, rights,
judgments, damages, costs, liability, attorney's fees, and
compensation of any kind, to include damages for a taking or a
temporary taking, resulting from the actions of the City which gave
rise to the aforementioned cause of action, to include the judgment
entered on August 30, 1995. Boz, Inc. further agrees not to file
an appeal or to withdraw any appeals or cross-appeals in the above
matter. The City of Bozeman agrees to withdraw its appeal in the
aforementioned action and pay the costs ordered by the Court on
August 30, 1995 in the amount of $135.00. The City further agrees
that Condition No. 29 will be struck from its approval of Boz,
Inc.' s Conditional Use Permit for a Planned Unit Development.
The parties mutually agree that their counsel shall take whatever
action is necessary to dismiss the action and appeal, with
prejudice, to include entering into any stipulation. The parties
further understand and agree that this settlement is a compromise
of a doubtful and disputed claim in litigation and this agreement,
and the performance thereunder, is not to be construed as an
admission of liability on the part of either party, their insurers,
agents, servants, employees or any other person released hereby by
whom liability is expressly denied.
The parties further state that they have carefully read the
foregoing Settlement Agreement and Release and know the contents
thereof and that the parties have signed the same as a free act
after consulting with their counsel. This Settlement Agreement
contains the entire agreement between the parties with regard to
the matters set forth herein and that there are no other
understandings or agreements, verbal or otherwise, In relation
thereto, between the parties except as herein expressly set above.
Settlement Agreement Page 1
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This Agreement is binding upon the parties, and their agents,
successors and assigns.
SIGNED, Sealed and Delivered this /~ day of November 1995.
BOZ, INC.
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CITY OF BOZEMAN
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By ~ /'N.4 " ~, ,
Ja es E. Wysocki
City Manager
ATTEST:
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Robin L. Sullivan
Clerk of Commission
STATE OF MONTANA )
) ss.
County of Gallatin )
On this ItA day of November 1995, before me, the
undersigned, a Notary Public for the State of Montana, personally
appeared IH.~MA~ "I 0 0 IJ:. , known to me to be the
f'tJ.~\() <"-,,--r of Boz, Inc. and the person whose name lS
subscribed to the within instrument, and acknowledged to me that he
executed the same for and on behalf of Boz, Inc.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notayial Seal the day and year first above written.
(SEAL)
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Notary~ublic for the State of
Montana, residing at soZ~'1 ,4'1r
My Commission Expires /. (; . 1 ~
settlement Agreement Page 2
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STATE OF MONTANA )
) ss.
County of Gallatin )
On thiS~7y/1 day of November 1995, before me, the undersigned,
a Notary Public for the State of Montana, personally appeared JAMES
E. WYSOCKI and ROBIN L. SULLIVAN, known to me to be the City
Manager and Clerk of Commission , respectively, and the persons
whose names are subscribed to the within instrument, and
acknowledged to me that they executed the same for and on behalf of
the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal the day and year first above written. -
(SEAL)
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tary Pub ic for the State of
~--- Montana, residing at Bozeman.
My Commission Expires !/? -/J-- 1f
Settlement Agreement page 3