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<br />Agreement #21-____ <br /> <br />AGREEMENT TO EXTEND STATUTES OF LIMITATIONS AND REPOSE <br /> <br /> <br /> This Agreement to Extend Statute of Limitations and Repose (the “Agreement”) is <br />entered into by and among the City of Elk River (the “City”), Bolton & Menk, Inc. (“BMI”), and <br />Rice Lake Construction Group (“RLCG”) (collectively, the “Parties”). <br />WHEREAS, a pending dispute exists involving the City, BMI, and RLCG relating to the <br />design and construction of the City’s Wastewater Treatment Facility Improvements Project (the <br />“Project”). <br />WHEREAS, BMI served as the professional services consultant on the Project. <br />WHEREAS, RLCG served as the general contractor on the Project. <br />WHEREAS, the City alleges that BMI and RLCG failed to fulfill all obligations related <br />to the Project including allegations that certain screw presses installed during the Project do not <br />comply with the Project’s specifications. <br />WHEREAS, on the one hand, the City maintains it has actionable claims against BMI <br />and RLCG, including but not limited to claims for negligent construction, negligent design, <br />standard negligence, breach of contract, breach of express warranty, and breach of the implied <br />warranty of fitness for purpose, and on the other hand, RLCG and BMI each expressly denies <br />any liability to the City or each other arising out of or related to the foregoing allegations and <br />claims (the “Dispute”). <br />WHEREAS, the Parties have agreed to attempt to resolve the Dispute in pre-litigation <br />mediation before a mutually agreed upon mediator and would like to defer for the time being the <br />commencement of further proceedings in the hope that a resolution can be reached with respect <br />to the City’s claims against BMI and RLCG, including but not limited to claims for negligent <br /> <br />