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HomeMy WebLinkAboutC17-122 Lion Square Condominium AssociationSETTLEMENT AGREEMENT This Release of Statement of Lien and Agreement is made effective January 4, 2017, by, among and between, Eagle County Government ("Eagle County") and LION SQUARE CONDOMINIUM ASSOCIATION, INC., ("LSCA"). RECITALS Whereas LSCA entered into a contract for construction with Viele Construction, Inc. ("Viele") to remodel the building in 2013-2014; Viele discarded materials at the Eagle County Landfill as part of the remodel project. Whereas, Eagle County contends that Viele has not paid Eagle County all that it is due for the services Eagle County provided for use of the landfill in connection with the remodel project ("LSCA Remodel Landfill Charges"); and Whereas, Eagle County desires to settle the claims it has or could have against LSCA or Viele concerning the LSCA Remodel Landfill Charges. Now, in consideration of the promises herein, the receipt and sufficiency of which is hereby acknowledged, and for value received, Eagle County agrees as follows: AGREEMENT 1. LSCA agrees to pay Eagle County $5,300.00 as final settlement of the LSCA Remodel Landfill Charges. Subject to and in consideration of the terms of this Settlement Agreement, Eagle County, For itself, its affiliates, successors, officers, directors, shareholders, attorneys, employees, owners, partners, members, associates, and agents, hereby generally and unconditionally releases, acquits and forever discharges, subject to the performance of this agreement, LSCA and Viele, their affiliates, successors, officers, directors, shareholders, attorneys, employees, owners, partners, members, associates, and agents of and from any and all claims, demands, debts, liens, causes of action, liability, damages, costs and expenses of any nature whatsoever, which it had, now have or may have, whether such are known or unknown, relating in any way to the LSCA Remodel Landfill Charges. 3. The Parties to this release understand that this settlement is not to be construed, in any way, as an admission of liability on the part of any party, but is only a settlement of disputed claims. The Parties acknowledge the purpose of this agreement is to forever terminate any claims or demands which may be made against LSCA in connection with the LSCA Remodel Landfill Charges or anyone acting on their behalf or in their stead and the agreement is not an admission of liability, buy merely to resolve the claim. 4. This release is in full accord and satisfaction of any present or future disputed claims, and is not to be construed in any ways as an admission of liability or fault on the part of any Party, by whom liability is expressly denied. Page 1 of 2 5. The undersigned represents, warrants, and agrees, on her, his or its own behalf and on behalf of her, his or its respective predecessors, successors, assigns, heirs, executors, administrators, trustees in bankruptcy, and agents that the party has full power and authority to execute this Settlement Agreement and has been duly authorized to do so. DATED: r J '2017 Eagle County, Colorado By: Bryan Treu Interim County Manager LSCA By: } 1. t/ r Title: Y� �, tt Page 2 of 2