HomeMy WebLinkAbout2003-084 CCRMember Kay Lasman introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2003-84
RESOLUTION AUTHORIZING SETTLEMENT AGREEMENT AND RELEASE
WITH BLUMENTALS ARCHITECTURE INC.
WHEREAS, Blumentals Architecture Inc. and the City would enter into a
Settlement Agreement and Release as set forth in Exhibit A which is attached here to and
incorporated herein by release; and
WHEREAS, by the terms of the settlement agreement set forth in Exhibit A
Blumentals Architecture Inc. would reimburse the City for costs associated with having to demolish
and rebuild locker room walls; and
WHEREAS, the City would not be reimbursed for the costs of upgrading the wall
materials but is basically held harmless by the amount paid to it by Blumentals pursuant to the
agreement from the costs of demolition and the basic costs of wall construction; and
WHEREAS, such terms appear to be reasonable and proper.
1
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the Mayor and City Manager be and hereby are authorized to execute the
settlement agreement set forth in Exhibit A on behalf of the City of Brooklyn Center.
May 12, 2003
Date
ATTEST:
City Clerk
Mayo?
The motion for the adoption of the foregoing resolution was duly seconded by member
Diane Niesen
and upon vote being taken thereon, the following voted in favor thereof:
Myrna Kragness, Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.
RESOLUTION NO. 2003-84
Exhibit A
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release Agreement is'entered into by the City of Brooklyn
Center (the "City"), and Blumentals Architecture, Inc., ("Blumentals"). Blumentals and the City are
referred to collectively as the Parties.
WHEREAS, pursuant to a contract dated October 18, 2000, Blumentals provided architectural
services for remodeling of the Brooklyn Center Civic Center (the "Project"); and
WHEREAS, the City alleged that Blumentals was responsible for or contributed to alleged
defective conditions in the Project, including the presence of mold; and
WHEREAS, Blum entals has denied liability to the City for any alleged defects in the Project; and
WHEREAS, the Parties wish to avoid the time, expense, burden, and risk involved with
resolving any disputes that would arise in a contested proceeding by settling on the terms and conditions
that follow.
NOW THEREFORE, based on the mutual promises and covenants contained herein and for
good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties
covenant and agree to fully and finally settle any dispute as follows:
I . Blumentals shall cause payment to the City of Ninety-Five Thousand Four and 20/100
Dollars ($95,004.20). The City accepts this payment as full payment and satisfaction of all claims for the
alleged defective conditions identified above including the presence of mold.
2. By executing this Agreement, the City hereby releases and forever discharges
Blumentals and its current and former agents, representatives, officers, shareholders, partners,
principals, directors, attorneys, employees, insurers, successors, and assigns, from any and all actions,
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RESOLUTION NO. 2003-84
Exhibit A
claims, and demands for any costs, attorney fees, or any other damages, whether known or unknown,
which now exist or which may hereafter arise out of or relate to the alleged defective conditions
associated with the locker room reconstruction included in Change Order Number 16 to the Project,
including the presence of mold.
3. Blumentals has denied liability for the claims that are the subject of this Agreement, and
the Parties agree that the payment tendered pursuant to this Agreement is made without admission of
liability and is received in discharge, compromise, settlement, and satisfaction of the disputed actions,
claims, and demands heretofore described.
4. The Parties represent and warrant that, prior to executing this Agreement, they have had
the advice of counsel, have read the Agreement, and understand its content, meaning, and effect fully.
5. The Parties agree further that, should any dispute arise over the interpretation of this
Agreement, the Agreement will be interpreted neutrally pursuant to Minnesota law, and that any rule
requiring interpretation against the party drafting various provisions of this Agreement shall not apply.
The City represents that it has not assigned, transferred, settled, sold, or otherwise
conveyed any claim that is being settled by this Agreement.
7. This Agreement may be executed simultaneously or in counterparts, each of which will
be deemed an original, but all of which together will constitute one and the same Agreement for all
purposes.
City of Brooklyn Center
By: Date:
Its:
Blumenthals Architecture, Inc.
By: Date:
Its:
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