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CCP 10-25-2004
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CCP 10-25-2004
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<br />.. <br /> <br />., <br /> <br />WHEREAS, Pete's and General Casualty contend, however, that almost all of the damages <br /> <br />sought by the City in the AAA Arbitration are those associated with the work of Rochon, and/or <br /> <br />other subcontractors; and <br /> <br />- <br /> <br />WHEREAS, General Casualty wishes to settle with the City any and all claims the City may <br /> <br />have against Rochon and/or Pete's for damages claimed or alleged arising out of the work of Pete's <br /> <br />and repaired by Collins Electrical Systems, as described in the attached invoice of Collins Electrical <br /> <br />Construction Co,; and <br /> <br />WHEREAS, the City, Pete's and General Casualty desire to settle the City's claims to the <br /> <br />extent that such claims are or may be covered by the policy of insurance issued by General Casualty <br /> <br />to Pete's, including any claims or allegations made or to be made against Rochon pursuant to <br /> <br />Meadowbrook, Inc. v. Tower Insurance Company, Inc" 559 N.W.2d 411, 416 (Minn. 1997), <br /> <br />THEREFORE, in consideration of the mutual promises of the parties hereto, to clearly . <br /> <br />resolve the disputes between the City, Pete's and General Casualty as they relate to damages <br /> <br />arguably covered under the General Casualty policy, allegedly caused by Pete's to property of the <br /> <br />City, and to facilitate resolution of the dispute concerning coverage for Rochon under the General <br /> <br />Casualty policy, the parties hereto agree as follows: <br /> <br />I . In consideration of release set forth in this Agreement, General Casualty will pay to <br /> <br />the City of Arden Hills the amount of Eleven Thousand Two Hundred Fifty and <br /> <br />noli 00 ($ I 1,250.00) Dollars, <br /> <br />2, In consideration of the mutual covenants, promises and agreements made herein, and <br /> <br />the payment identified above, the City of Arden Hills agrees to fully and forever <br /> <br />remise, release, acquit and discharge Pete's Water and Sewer, Inc, and/or General <br /> <br />2 <br /> <br />. <br />
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