HomeMy WebLinkAbout1983-022 Agrmt-Lininger/MarquesRBNALD L, SALTER
ATTORNEY AT LAW
9,4 THIRD STREET
ASHLAND, BI'EBON 97520
(503) 482-4215
May 6, 1983
Ms. Nan Franklin
City Recorder
City Hall
Ashland, Oregon 97520
Re:
Lininger vs. Ashland
Our File A-137-1
Dear Nan:
Delivered herewith is a check for $5,000.00 from Marquess &
Associates, Inc. Please endorse the check on behalf of the City of
Ashland and return it to me.
Also, enclosed for the City's records is a signed copy of
the Covenant Not To Sue.
RLS/ks
Enc. 2
Very truly yours,
RO~T~D L. SALTER
City Attorney
COVENANT NOT TO SUE
THIS AGREEMENT made this /~ ~day of /~/Y,'/ ,
1983, by and between 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. 72-784-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, agrees not to
sue City and Engineer and their officers, agents and employees
and anyone for whose acts or omissions they are liable, for any
1 - Covenant Not to Sue
and all claims, whether known or unknown, of any kind arising
out of or relating to the Project, except for any such claims
City and/or Engineer has against Beall Pipe and Tank Corporation.
Contractor agrees not to execute upon or otherwise enforce any
judgment which hereafter may be entered in any court in its favor
and against either City or Engineer arising out of the Project.
7. Except as herein provided, Engineer covenants not to
sue City and Contractor and their officers, agents and employees
and anyone for whose acts or omissions they are liable, for any
and all claims of any kind arising out of or relating to the
Project.
8. Except as herein provided and any warranty or other
claims that may accrue in the future, City covenants not to sue
Contractor and Engineer and their officers, agents and employees
and anyone for whose acts or omissions they are liable, for any
and all claims of any kind arising out of or relating to the
Project.
9. City agrees, except as herein provided, it knows of
no other claims against Contractor or Engineer arising out of
the Project.
10. City and Engineer hereby assign to Contractor any and
all rights and claims they may have against Beall Pipe and Tank
Corporation for all repairs performed to date on the Project,
including all rights they have asserted in the litigation.
11. It is understood that Contractor for the purpose of
the previously mentioned assignment reserves all claims it has
2 - Covenant Not to Sue
as well as all claims of City and Engineer against Beall Pipe and
Tank Corporation.
12. 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
Covenant Not to Sue.
13. This is a settlement agreement in the nature of a
covenant not to sue and is not a release.
14. 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
Title ~%-.~f~.~..~_~
M. C- L~INGER &piINC-
/
MARQUESS & ASSOCIATES, INC.
3 - Covenant Not to Sue