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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