4D, 3327 Dunlap Street Settlement

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SETTLEMENT AND RELEASE AGREEMENT :1..0 Parties. This Settlement and Release Agreement ("Agreement") is entered into by and between the City of Arden Hills, a Minnesota statutory city ("City"); and James Rechtiene and Julie Rechtiene (collectively herein "Rechtienes"). 2.0 Recitals. A. Rechtienes are the owners of the following described real property ("Property") situated in Arden Hills, Minnesota: Lot :I., Block 8, Josephine Hills, Plat NO.2 B. In 2007, the Rechtienes hired a contractor to install a new driveway to serve the Property ("Rechtiene Driveway"). C. Shortly after the Rechtiene Driveway was installed, the City had to repair a City watermain segment. D. The City watermain segment was located within the unimproved portion of the right-of-way adjacent to the Property and below the Rechtiene Driveway. E. A portion of the Rechtiene Driveway was saw cut, removed and patched by the City after the watermain segment was repaired ("Project"). F. The Rechtienes contractor would not warrant the Rechtiene Driveway because the City had removed and patched a section of the Rechtiene Driveway and, in order to obtain the warranty, the Rechtiene Driveway would need to be reinstalled from the improved portion of the City street to the garage. G. The Parties have agreed to resolve this matter pursuant to the terms of this Settlement and Release Agreement. 3.0 Terms and Settlement. NOW THEREFORE, in consideration of the mutual undertakings herein expressed, the Parties agree as follows: A. Upon execution of this Agreement by the Parties, the City shall pay Rechtienes the sum of $4,140 ("Settlement Amount"). B. In consideration of the payment of the Settlement Amount, Rechtienes for themselves and their successors and assigns agree to release the City, its employees and contractors from any liability or claims' whatsoever, known or unknown, arising out of, or in any way related to the Project.