94-108e
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF KINNESOTA
RESOLUTION NO --U--108
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE RELEASE
the City of Otsego ("City") had previously reached
agre nt to settle an outstanding dispute between the City and the
Mines to Department of Transportation ("MNDOT") regarding damage
done y MNDOT and its contractors (including Park Construction
Compan ) to portions of 85th Street, Radler Avenue, and 80th Street
as mor specifically set forth in the Release, Exhibit A attached;
and
WHER , Park Construction Company has already tendered the agreed
upon a ount of $36,475.00 to the City of Otsego; and
WHER , the City had previously agreed to sign the Release, which
was in dvertently not transmitted, when the above mentioned funds
were t ndered; and
, the City approves the form of the release as consistent
with a terms agreed upon.
NOWEFOREj, HE IT RESOLVED BY THE CITY COUNCIL OF OTSEGOo,
KINNES TA that the City Council hereby approves the form of the
Releas , Exhibit A, and authorizes the Mayor and City Clerk to
execut the same on behalf of the City.
Adopted by the council this 12Th day of December , 1994.
Norman /F. Freske, MMayor cur-47V--
I
ut .--
1. In consideration of the Minnesota Department of Transportation's
commitment to use its best efforts to have the Local Road Research Board
include an upgrading of Jalgar Avenue as part of a research project and the
payment of $36,475.00 by Park Construction Company (Park) to the City of
Otsego (City), the receipt of which is hereby acknowledged, the City releases
Park, the State and any and all of the State's contractors and their
subcontractors and suppliers from any liability for damage done by Mn/ROAD
construction traffic to 85th Street (between Jalgar Avenue and Kadler
Avenue), Kadler Avenue (between 80th and 85th Street) and 80th Street
(between Kadler Avenue and CSHA 19), and covenants not to sue or make any
claim against Park, the State or any of the State's contractors and their
subcontractors and suppliers for damage done by Mn/ROAD construction -related
traffic to 85th Street (between Jalger Avenue and Radler Avenue), Kadler
Avenue (between 80th and 85th Street) and 80th Street (between Kadler Avenue
and CSAH 19).
2. In executing this release, the City reserves all rights to sue or
make claim for any damage to any roads not specified in this release which
may be discovered in the future and which were the result of the activities
of the State, its contractors, subcontractors or suppliers, and the City in
no way guarantees acceptance by the City of any roadways nor does this
settlement and release constitute any such acceptance.
3. The consideration extended for this release does not constitute any
admission of liability by any of the parties released hereby for -any damages
alleged to have been sustained by the City.
4. The undersigned have read this release, understand it, and have
authority to sign it pursuant to a resolution of the City Council of the City
of Otsego, a certified copy of which is attached hereto.
CITY OF OTSEGO, MI"ESOTA
Dated: 1994 By: iL'4,4
I s Mayor �-
Dated: / -' 1994 By: io
is City Clerk