HomeMy WebLinkAbout1983-016 Agrmt-Lininger/MarquesRE]NALD L. SALTER
ATTORNEY AT LAW
ASHLAND, OREGON 9'752,0
(503) 482-4215
March 3, 1983
Ms. Nan Franklin
City Recorder
City Hall
Ashland, OR 97520
Re:
Ashland v. Lininger, et al
Our File No. A-!37-1
Dear Nan:
For the City's records enclosed is a photocopy of
the Release Agreement in the above matter.
Very truly yours,
SALTER
RLS/gml
Enclosure
RELEASE AGREEMENT
THIS AGREEMENT made this day of ,
1983, by and betwen THE CITY OF ASHLAND, hereinafter "City,"
M. C. LININGER & SONS, INC., hereinafter "Contractor" and
MARQUESS & ASSOCIATES, INC., hereinafter "Engineer."
1. On or about September 19, 1977, City entered into
an agreement with Engineer in connection with the TID/
Intertie Waterline, hereinafter "Project."
2. On or about November 22, 1977, City entered into a
contract with Beall Pipe and Tank Corporation in connection
with the Project.
3. On or about January 18, 1978, City entered into an
agreement with Contractor in connection with the Project.
4. Certain disputes arose between the parties resulting
in the City instituting a lawsuit in the Circuit Court of
the State of Oregon for Jackson County, Case No. 80-1020-3,
and Contractor instituting a lawsuit in the Circuit Court of
the State of Oregon for Jackson County, Case No. 82-784-J-3.
5. City, Contractor and Engineer desire to resolve
such disputes as between themselves.
6. In consideration of Twelve Thousand Five Hundred
Dollars ($12,500) receipt of which is hereby acknowledged by
Contractor, Contractor, except as herein provided, releases
City and Engineer and their officers, agents and employees
and anyone for whose acts or omissions they are liable, from
any and all claims, whether known or unknown, of any kind
arising out of or relating to the Project.
7. Except as herein provided, Engineer releases City
and Contractor and their officers, agents and employees and
anyone for whose acts or omissions they are liable, from any
and all claims of any kind arising out of or relating to the
Project.
8. Except as herein provided and any warranty claims
that may accrue in the future, City releases Contractor and
Engineer and their officers, agents and employees and anyone
for whose acts or omissions they are liable, from any and
all claims of any kind arising out of or relating to the
Project.
9. City and Engineer assign to Contractor any and all
claims they may have against Beall Pipe and Tank Corporation
for all repairs performed to date on the Project.
10. It is understood that Contractor reserves all
claims it has against Beall Pipe and Tank Corporation.
11. Contractor agrees to defend and indemnify City and
Engineer and their officers, agents and employees and anyone
for whose acts or omissions they are liable, from any claims
for indemnity, contribution or otherwise made by Beall Pipe
and Tank Corporation as a result of the assertion of any claims
by Contractor including, without limitation, any assigned
claims in connection with the Project. Contractor will, to
the extent required, provide Beall Pipe and Tank Corporation
with notice of this Release Agreement.
12. This is a settlement of disputed claims among
these parties and neither party, by entering into this
agreement, acknowledges any responsibility.
13. Except as otherwise provided herein, the agreement
between City and Contractor, including all warranty provisions,
if any, remains in full force and effect.
THE CITY OF ASHLAND
M. C. LININGER & SONS, INC.
By
MARQUESS & ASSOCIATES, INC.
By
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