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HomeMy WebLinkAboutCity Council Resolution 1993-063CITY OF PLYMOUTH RESOLUTION NO. 93- 63 APPROVING A SETTLEMENT AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND BEGIN CONTRACTING COMPANY WITH RESPECT TO DISTRICT COURT FILE NO. 89-014145 WHEREAS, the City commenced litigation in Hennepin County District Court against the Begin's and Begin Contracting Company for non-performance under an April 6, 1987 agreement which required that a retaining wall be constructed; and WHEREAS, a settlement agreement has been drafted under which the City is afforded appropriate liability protections and assurances that a retaining wall will be constructed immediately following the grading for Xenium Lane Extension, City Project 214; and WHEREAS, under the agreement the Begin's are responsible for providing a letter of credit in the amount of $60,000 to ensure completion of the retaining wall; and WHEREAS, the Begin's are to provide a $12,500 remittance for full payment of City Attorney's fees in connection with the agreement up until the date of the agreement; and WHEREAS, the Begin's are to provide proof of liability insurance acceptable to the City for the benefit of the City against all claims in connection with the retaining wall; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does authorize the Mayor's execution of the settlement agreement dated January 25, 1993, and the same is hereby approved contingent upon receipt and acceptance by the City within 30 days of this resolution of a letter of credit acceptable to the City Attorney in the amount of $60,000, the remittance of $12,500 to the City of Plymouth for payment of attorney fees, and a liability insurance policy acceptable to the City for the benefit of the City to protect against all claims arising in association with the retaining wail or lack thereof. Adopted by the City Council on January 25, 1993.