Title
RESOLUTION APPROVING SETTLEMENT WITH MARINE IRON & SHIP BUILDING COMPANY IN AN AMOUNT UP TO $35,000 AND PURSUANT TO TERMS OF SETTLEMENT AGREEMENT.
Body
CITY PROPOSAL:
RESOLVED, that the city council approves settlement in an amount up to $35,000 of all claims or causes of action asserted by Marine Iron & Ship Building Company pursuant to the terms and conditions of a Settlement Agreement, substantially in the form of that attached hereto as Exhibit 1; payment to be made from Fund 610-036-1651-5842 (Self Insurance Fund, Insurance Accounts, General City, Damage & Loss Expense).
FURTHER RESOLVED, that the proper city officials are authorized to take all actions necessary to conclude this matter on a full, final, and complete basis.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution authorizes settlement with Marine Iron & Ship Building Company (“Marine Iron”) regarding a dispute over the use of the Minnesota Slip. The City will reimburse Marine Iron for documented, out-of-pocket legal expenses and lost revenue resulting from the City’s 2018 Minnesota Slip seawall reconstruction project. Additionally, the parties will enter into: (i) an amendment to an Agreement between Marine Iron and the City dated July 24, 1992 regarding the Minnesota Slip (requiring delivery of a deed in favor of the City for a portion of the Minnesota Slip), which amendment was authorized under Resolution 19-0515; and (ii) a parking easement agreement in favor of Marine Iron over and across property adjacent to the Red Lobster property in Canal Park, which agreement was authorized under Ordinance No. 19-036.
City administration and the city attorney recommend approval of this settlement agreement.