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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