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12/17/2003 WED 14:35 FAX 612 344 1414 MGM LLP 002/003 <br /> <br />STATE OF MINNESOTA <br /> <br />COUNTY OF SHERBURNE <br /> <br /> IN DISTRICT COURT <br />Case Type: 14 Other Civil <br /> <br />In Re: <br /> <br />Special Assessment of.' <br /> Boston and Concord Street Improvement Project <br /> <br /> Judge Karla F. Hancock <br />Court File No: C4-03-001562 <br /> <br />SETTLEMENT AGREEMENT, RELEASE <br /> AND STIPULATION FOR DISMISSAL <br /> <br /> This Settlement Agreement, Release and Stipulation for Dismissal ("Agreement") is <br />between the City of Elk River ("City") and Tina Roach ("Petitioner"). <br /> <br /> WHEREAS, the City and the Petitioner are parties to a special assessment appeal in <br />Sherbume County District Court, Court File No. C4-03-001562 ("Lawsuit"). <br /> <br /> WHEREAS, the City in Resolution 03-36 ("Special Assessment") approved an <br />assessment in the sum of $17,243.41 against the real property owned by the Petitioner located at <br />12999 Mississippi Road, Elk River, Minnesota 55330 ("Property"). <br /> <br /> WHEREAS, the City and the Petitioner desire to settle all claims in the Lawsuit or that <br />could have been brought by the Petitioner against the City. <br /> <br />THE PARTIES THEREFORE AGREE AS FOLLOWS: <br /> <br /> 1. Thc City will rcassess the Property and amend its AssesSment Roll for the Boston <br />Street/Concord Street Area Improvement Assessment as set forth in Resolution 03-36 so that the <br />Property is assessed in the amount of $11,000. The Petitioner waives any and all notice <br />requirements for the re-assessment of thc Property including, but not limited to, any notice <br />requirements set forth in Minn. Stat. § 429.071. All other terms and conditions set forth in <br />Resolution 03-36 shall remain in full force and effect. <br /> <br /> 2. Petitioner hereby forever releases, discharges, acquits, and covenants not to sue <br />the City, its insurers, agents, officers, directors, assigns, public officials, staff, attorneys and <br />successors in interest from any and all actions, claims and demands made or which could have <br />been made, in connection with the Lawsuit and/or as a re, sult of the Special Assessment. <br /> <br /> 3. Nothing contained herein shall bc construed as an admission by the City that the <br />assessment for the Property is inaccurate or in error. Rather, the parties acknowledge that this <br />Agreement is entered into solely for the purpose of avoiding additional attorneys' fees and costs <br />associated with the Lawsuit. <br /> <br />g2923.DOC 1 <br /> <br /> <br />