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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 2