2014-01-08 P & R Packet - Laserfiche WebLink

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SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT ( "Agreement ") is entered into between City of Centerville ("City"), a Municipality, and Teng Moua, a citizen. WHEREAS, Teng Moua and Win Thoa held a flag football tournament at LaMotte Park in the City of Centerville; and WHEREAS, during said tournament, the City's football field was damaged; and WHEREAS, in lieu of litigation Teng Moua, Simba Moua, and Win Thoa desires to settle all claims asserted by the City; NOW, THEREFORE, Teng Moua, Simba Moua, Win Thoa, and the City, in consideration of the mutual promises and covenants contained herein, agree as follows: 1. Concurrently with full execution of this Agreement, Teng Moua, Simba Moua and Win Thao will deliver $6,500 to City of Centerville, 1880 Main Street, Centerville, Minnesota 55038 no later than 12/31/2014. 2. The City will permanently forbear from filing a claim in District Court against Teng Moua. Simba Moua, and Thao. 3. Any failure of Defendant fully and completely to comply with the terms and conditions of paragra h three of this Settlement Agreement shall constitute a default under this Agreement. In the event of default, the City may, without notice, declare the remainder of the debt at once due and payable immediately. Failure to exercise this option shall not constitute a waiver of the City's right to exercise the option at any other time. 4. Nothing in this Agreement, including the payment of any sum by Teng Moua, constitutes an admission by Teng Moua of any legal wrong prohibited by local, state and federal law, contract or tort, rule or regulation. 5. This Settlement Agreement supersedes all prior letter agreements, termination agreements, and proposals made by the City to Teng Moua in connection with this agreement. 6. Nothing contained in this Settlement Agreement shall be construed to affect the rights and obligations of the parties under any agreement signed by them prior to the dates of execution of this agreement. 7. This Settlement Agreement is contractual and not a mere recital. This Agreement embodies the entire agreement and understanding between the parties hereto with respect to this subject matter hereof, and may be changed, waived discharged, or terminated only by an instrument in writing signed by the party against which ent6rcement of such a change, waiver, discharge, or termination is sought. 8. This Agreement and the exhibits hereto shall be construed in accordance with and governed by the laws of the State of Minnesota. DATED: B y : DATED: B y : DATED: I 13 By: DATED: By: