4.14. SR 05-16-2016 - Laserfiche WebLink

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2010-14 MEDIATED SETTLEMENT AGREEMENT THIS AGREEMENT is fully effective as of April 27, 2016, and is entered into by the City of Elk River (City) and Gray, Plant, Mooty, Mooty & Bennett. P.A. (Gray Plant), Charlie Wilson and Peter Beek. Gray Plant, Mr. Wilson and Mr. Beck shall sometimes be collectively referred to herein as "Defending Parties." The City and Defending Parties shall be collectively referred to as "Parties." RECITALS Whereas, Defending Parties represented the City in connection with the 2006 purchase of the golf course property identified as "Gutlot A and Gutlot B, Pinewood, according to the plat on file in the office of the Regisrar of Titles in and for Sherburne County, Minnesota, FID NO 75- 504-0010 and 75-504-0020" (the "Property"). Whereas, as part of its representation of the City, Defending Parties were involved in the preparation of a purchase agreement, lease and contract for deed and related documents (the "Documents") to allow for sale of the Property from Paul and Pamela Krause ("Krause") to the City. Whereas, the City contends that Defending Parties failed to provide legal services for preparation of the Documents in accord with the required standard of care and alleged that Defending Parties failed to prepare the Documents to comply with the statutory requirement limiting the Krauses' remedies against the City upon default to recovery of the Property. Whereas, the City contends it experienced damages as a result of the alleged errors on the part of Defending Parties and was forced to pay damages to the Krauses related to the sale of the Property. Whereas, the Defending Parties denied liability and asserted that they provided all legal services and prepared the Documents in accordance with the required standard of care.