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RESOLUTION AUTHORIZING THE CITY OF DULUTH TO ENTER INTO AN AGREEMENT AND RELEASE WITH HOVLAND, INC., AND LON HOVLAND TO ACCEPT IMPROVEMENTS MADE TO CITY PROPERTY IN FULL SETTLEMENT OF A DISPUTED CLAIM.
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CITY PROPOSAL:
RESOLVED, that the proper city officials are authorized to enter into an agreement and release, substantially in the form attached hereto as Attachment A, with Hovland, Inc., and Lon Hovland (collectively, “Hovland”) for services, equipment and materials valued at equal to or greater than $27,802.17 to improve city property in full settlement of a disputed claim.
Statement of Purpose
STATEMENT OF PURPOSE: On or about July of 2015, a disagreement arose between the city and Hovland regarding responsibility for remediation and removal of fill material allegedly placed improperly within a shoreland zoning district in Piedmont Park. Due to an inability to reach agreement, the city hired a separate contractor to remove the fill material and remediate the shoreland zoning district at a total cost of $27,802.17.
Now, rather than incurring the cost and expense of continuing litigation over a disputed claim, the city and Hovland wish to settle this matter in accordance with the agreement and release attached hereto as Attachment A. Pursuant to the agreement, Hovland agrees to provide services, equipment and materials to improve certain property of the city at a total value equal to or greater than $27,802.17. The work will be completed on or before July 1, 2017. In exchange for the services provided, the city will release Hovland from any further claim of liability stemming from the prior dispute over placement of fill material in 2015.