3.6. SR 12-22-2003TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor and City Council
Pat Klaers, City Administrator
December 22, 2003
Consider Settlement Agreement
*Item 3.6.*
A setdement with Tina Roach on her assessment appeal has been reached. Staff is asking for City
Council approval of the attached settlement agreement.
Recommendation
It is recommended that the City Council approve the attached settlement agreement contingent
upon signature by Ms. Roach.
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STATE OF MINNESOTA
COUNTY OF SHERBURNE
IN DISTRICT COURT
Case Type: 14 Other Civil
In Re:
Special Assessment of.'
Boston and Concord Street Improvement Project
Judge Karla F. Hancock
Court File No: C4-03-001562
SETTLEMENT AGREEMENT, RELEASE
AND STIPULATION FOR DISMISSAL
This Settlement Agreement, Release and Stipulation for Dismissal ("Agreement") is
between the City of Elk River ("City") and Tina Roach ("Petitioner").
WHEREAS, the City and the Petitioner are parties to a special assessment appeal in
Sherbume County District Court, Court File No. C4-03-001562 ("Lawsuit").
WHEREAS, the City in Resolution 03-36 ("Special Assessment") approved an
assessment in the sum of $17,243.41 against the real property owned by the Petitioner located at
12999 Mississippi Road, Elk River, Minnesota 55330 ("Property").
WHEREAS, the City and the Petitioner desire to settle all claims in the Lawsuit or that
could have been brought by the Petitioner against the City.
THE PARTIES THEREFORE AGREE AS FOLLOWS:
1. Thc City will rcassess the Property and amend its AssesSment Roll for the Boston
Street/Concord Street Area Improvement Assessment as set forth in Resolution 03-36 so that the
Property is assessed in the amount of $11,000. The Petitioner waives any and all notice
requirements for the re-assessment of thc Property including, but not limited to, any notice
requirements set forth in Minn. Stat. § 429.071. All other terms and conditions set forth in
Resolution 03-36 shall remain in full force and effect.
2. Petitioner hereby forever releases, discharges, acquits, and covenants not to sue
the City, its insurers, agents, officers, directors, assigns, public officials, staff, attorneys and
successors in interest from any and all actions, claims and demands made or which could have
been made, in connection with the Lawsuit and/or as a re, sult of the Special Assessment.
3. Nothing contained herein shall bc construed as an admission by the City that the
assessment for the Property is inaccurate or in error. Rather, the parties acknowledge that this
Agreement is entered into solely for the purpose of avoiding additional attorneys' fees and costs
associated with the Lawsuit.
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4. The City and the Petitioner hereby stipulate and agree that the Lawsuit shall be
dismissed with prejudice and on the merits.
5. The parties each represent and wan-ant that they have investigated the facts and
law relevant to this Agreement. The parties agree that no additional promises or agreements
have been made as consideration for this Agreement. Petitioner represents and warrants that she
is the sole fee owner of the Property and that no other individual or entity has any right, title or
interest in the Property.
6. The Petitioner aclmowlcdges that she has been advised of her fight to sock an
attorney of her choosing and at her cost in connection with the Lawsuit and this Agreement and
has elected not to do so.
7. Minnesota law governs this Agreement. The parties consent to the jurisdiction of
the Courts of thc State of Mirmesota, Sherbume County as thc cxclusivc forum for the resolution
of any disputes arising fi:om this Agreement.
8. Petitioner acknowledges that this Agreement is subject to approval by the City
Council of the City of EIk River and is of no force or effect until approved by the City Council.
9. This Agreement may be executed in multiple counterparts; the counterparts will
be treated as originals for all purposes.
Dated:
Dated:
THE CITY OF ELK RIVER
By:.
Its:
Tina Roach
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