HomeMy WebLinkAbout21- Settlement Agreement - Gallatin County v. City of Bozeman - SID 745 MUTUAL RELEASE AND SETTLEMENT AGREEMENT
RELEASORS: Gallatin County,Montana; and City of
Bozeman, Montana
RELEASEES: City of Bozeman,Montana; and Gallatin
County,Montana
DISPUTE: Claims by Gallatin County,Montana relating
to the Westside Construction Project and
Special Improvement District No. 745, and
Counterclaims by the City of Bozeman
relating thereto, as set forth in the pleadings
filed in the Civil Cause described below.
TERMS OF SETTLEMENT: See Paragraph 5,below.
CIVIL CAUSE: Gallatin County, Montana v. City of
Bozeman, Cause No.: DV-20-10B,Montana
Eighteenth Judicial District Court,
Gallatin County
1. Mutual Release
Subject to approval of this Mutual Release and Settlement Agreement ("Agreement") by
Gallatin County, Montana ("County") and the City of Bozeman, Montana ("City"), following
compliance with Montana's Open Meeting laws, in consideration of the terms and conditions set
forth in this Agreement, the undersigned Parties agree and do fully and forever mutually release
and discharge one another, and their respective successors, assigns, agents, partners, officers,
directors, members, managers, employees and attorneys from any and all actions, claims, causes
of action, demands,or expenses for damages or injuries,whether asserted or unasserted,known or
unknown, foreseen or unforeseen, that were or could have been brought upon any facts then in
existence, arising out of the Dispute.
2. No Admission of Liability
It is understood that the terms and conditions of this Agreement are given and accepted as
the sole consideration for full satisfaction and accord for the purpose of compromise and settlement
of the Dispute, and that neither the consideration provided nor the negotiations for settlement shall
be considered as an admission of liability.
H
DV-20-IOB Agreement I Page 1
3. Apportionment of Payment to Lienholders
Acceptance by the City of the amounts paid by the County are made in full acceptance of
any obligation by the County to pay for improvements that are the subject of the above described
Dispute. And the City shall accept full and sole responsibility to apportion and pay any and all
entities who may have valid liens or rights of subrogation or reimbursement for work or materials
performed in connection with the subject matter of the referenced Dispute. The Parties fiuther
agree that the release of all claims upon payment and receipt of the amounts stated herein shall
include any claim to costs or attorney fees incurred by the Parties in the referenced Civil Cause.
4. Additional Claims
The Parties mutually represent that no additional claims are contemplated against the other
party or any affiliated entity or person for the losses, damages, or injuries based on the subject
matter of this Agreement.
5. Terms of Settlement
The Parties agree and stipulate as follows:
A. The County will pay the City a total amount of$950,000 in full and final satisfaction of
the Dispute. This amount will be paid as follows:
i. The City will retain the$618,028.71,which the County previously paid to the City
under protest; and
ii. The County will pay the City the remaining balance of$331,971.29 to the "Peter
G. Scott Law Offices, PLLC—IOLTA" account within fifteen (15) days after the
execution of this Agreement.
Within fifteen (15) days after payment by the County, counsel for the parties shall jointly move
the Court to dismiss all remaining claims in the Civil Cause with prejudice, as fully settled upon
the merits.
6. Authority to Execute Agreement
Each person executing this Agreement on behalf of the respective parties represents that
he or she has is authorized to do so by the Parties' respective governing Commissions, has
consulted with legal counsel, and does so with a full understanding of the legal effect of the
Agreement
7. Future Damages
Inasmuch as the injuries, damages, and losses resulting from the Dispute may not be fully
known and may be more numerous or more serious than it is now understood or expected, the
Parties agree, as a further consideration of this Agreement,that this mutual release applies to any
and all injuries,damages,and losses resulting from the Dispute described herein,even though now
DV-20-IOB Agreement I Page 2
i
unanticipated,unexpected and unknown,as well as any and all injuries,damages,and losses which
have already developed and which are now known or anticipated.
8. Severability
Should any provision of this Agreement be determined to be unenforceable, all remaining
tenants and clauses shall remain in force and shall be fully severable.
9. Final Agreement
This written Agreement constitutes the final agreement between the Parties and shall
supersede any oral agreements to the contrary.
10. Binding Agreement
This written Agreement is binding upon both Parties' successors,assigns, agents,partners,
officers, directors, members, managers, and employees for each person or entity executing this
Agreement.
11. Choice of Law
The laws of the State of Montana shall apply to the interpretation of this Agreement.
12. Counterparts
This Agreement may be executed in counterparts. Each counterpart bearing original
signatures together with the Agreement shall constitute one instrument. Electronic or facsimile
copies of signature pages shall be considered and are hereby deemed to be original signatures for
all purposes.
[SIGNATURE PAGE FOLLOWS]
DV-20-10B Agreement I Page 3
Releasor/Releasee-Gallatin County, Montana
I
By: Scott MacFarlane Date
Chair, Gallatin County Commission
STATE OF MONTANA )
:ss.
County of Gallatin )
This instrument was acknowledged before me on the �L-1�3 day of November, 2021, by
Scott McFarlane, Chair, Gallatin County Commission.
HARLEE BOSSERT
QyEE BQSSF Notary Public
r��plAgratfor the State of Montana
Residing at: Notary Public for a State of Montana
%dDk.SEAL..: Belgrade, Montana
`��oFh�or� My commission Expires: Typed or Printed Name: {-}OIV�(Q�RoSSe�{
December 26,2021 Residing at: p, p ({��
My CommissionExpires: jjU4 rVIbpY: 20"a l
Releasor/Releas City of Bozeman,Montana
Zl
y: Cyn d s, Mayor Date
Boze an City ommission
TE OF MONTANA )
:ss.
County of Gallatin )
This instrument was acknowledged before me on the a of� 1 b
Y Y
Cindy Andrus,Mayor, Bozeman City C&taub
HEATHER BIENVENUE Notary Public0TAgl,q�Zm=T for the State of Montana for the State of Montana
*: -- * Residing at: Typed or Printed Name:
sub.SEAL.�Q Bozeman, Montana
'9�oF Mod? My Commission Expires: Residing at:
January 26,2022 My Commission Expires: , 20_
DV-20-1 OB Agreement I Page 4