Loading...
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