HomeMy WebLinkAbout~Master - Settlement agreement and release in City vs. Cotter Turbine Services RESOLUTION NO. 10-117
RESOLUTION APPROVING SETTLEMENT AGREEMENT
AND MUTUAL RELEASE IN CITY OF AMES VS.COTTER
TURBINE SERVICES, GROSS MECHANICAL, AND
HANFORD GROSS
WHEREAS, on January 9, 2007, the City of Ames and Cotter Turbine Services
entered into a contract to perform the work on the Unit No.7 Turbine-Generator Overhaul
Project for the Electrical Services Department; and,
WHEREAS,on June 3,2008,the City filed a Petition in the Iowa District Court for
Story County, Iowa against Cotter Turbine Services and related entities, alleging poor
workmanship;and,
WHEREAS,Cotter Turbine Services removed the case to the United States District
Court for the Southern District of Iowa,and asserted a Counterclaim against the City for
breach of contract; and,
WHEREAS, the City now wishes to settle all claims to avoid the risks, costs, and
expenses inherent in litigation, and Cotter Turbine Services has agreed to the City`s
proposed terms;
NOW, THEREFORE, BE IT RESOLVED, that the Settlement Agreement and Mutual
Release is hereby approved, and execution and payment in accordance with its terms is hereby
authorized.
Done this 23rd day of March, 2010.
BY C. Attested v(ma,��
Ann H. Campbell,May Diane R. Voss, City Clerk
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