HomeMy WebLinkAbout2013-12-11 Handouts @ CC Mtg. SECTION XI
WITHDRAWAL
11.1 Notice. Member municipalities may withdraw from the District only in accordance with
this section. Notice to withdraw may only be given between January 1, 2014 and June
30, 2014 or during the month of December in odd - numbered years, beginning with
December of 2015. Such notice shall provide a minimum of two (2) years notice to the
remaining municipalities of the intent to withdraw. The withdrawing municipality shall
always be responsible for payment of the remaining two (2) years of contributions and
shall be a full participant in the operation of the District until its withdrawal is effective.
11.2 Withdraw Abandonment. Municipalities giving withdraw notice may abandon such
withdrawal anytime during the two -year notice period.
11.3 Distribution of Equipment. Distribution of equipment for withdrawal shall be as
specified in Section XIII.
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
paragraph 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 enforcement 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.
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