RES 2018-0542 - Settlement Agmt - SID 392 and Millard School District i
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CITY CLERK
City of Omaha P1��F� NE M Paul D.Kratz
Jean Stothert,Mayor City Attorney
Honorable President
and Members of the City Council, .
The attached Resolution is submitted by the City of Omaha Law Department. It authorizes the
Law Department to settle a lawsuit pending in the District Court of Douglas County, City of
Omaha v. Sanitary and Improvement District No. 392 and School District No. 17 a/k/a Millard
';' School District, CI16-5165. The matter is related to the installation of a section of Polk Street,
between 177th and 178th Streets, located within the boundaries of the SID and immediately
south of Wheeler Elementary. The parties have agreed to settle the matter through an Interlocal
Agreement, pursuant to which the City will install the street and the SID and School District will
' ' pay the City a portion of the estimated costs.
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j The Settlement Agreement requires the City to assume responsibility for the installation of the
street, and the SID and MPS to contribute funds for the completion of the construction project,
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all pursuant to a separate Interlocal Agreement. The Settlement Agreement does not assess
liability to any specific party and includes a full and complete release of claims by and between
' all parties.
Your favorable consideration of this Resolution is respectfully requested.
Respectfully submitted, Referred to City Council for Consideration
. ,rn e 5/2 Le f 3 sr 7
Jennife4. Taylor -- Date Mayor's Office Date
Assistant City Attorney
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P\LAW-CITY COUNCIL DOCUMENTS\2018\20263se1
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SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release (this "Agreement") is made and entered into by
and among the City of Omaha(the"City"),Sanitary and Improvement District No.392 of Douglas
County("SID 392"),and School District No. 17 of Douglas County a/k/a Millard School District
("MPS"), as of the date of the last-dated signature appearing below (the "Effective Date"). The
City, SID 392,and MPS are sometimes collectively referred to as the"Parties".
RECITALS
WHEREAS, the City filed a lawsuit in the District Court of Douglas County, Nebraska
known as City of Omaha v. Sanitary and Improvement District No. 392 of Douglas County and
School District No. 17 of Douglas County a/k/a Millard School District,Case No. CI 16-5165 (the
"Lawsuit"); and
WHEREAS, SID 392 filed an Answer denying the allegations in the Lawsuit and raising
certain affirmative defenses; and
WHEREAS,MPS filed an Answer in the Lawsuit; and
WHEREAS, SID 392 filed a Cross-Claim against MPS; and
WHEREAS, the Parties desire to compromise, settle, and finally resolve any and all
existing claims and controversies among them relating to the allegations raised or that could have,
been raised in the Lawsuit.
NOW, THEREFORE, in consideration of the promises and of the mutual covenants,
agreements, and undertakings set forth in this Agreement, and other good and valuable
consideration,the adequacy of which is hereby acknowledged,the Parties agree as follows:
1. No Admission of Liability. Each Party to this Agreement specifically denies any
claims and allegations asserted against it and asserts it has meritorious defenses, but all Parties
agree to the settlement of this matter to avoid the expense,disruption,and uncertainty of litigation.
None of the Parties shall be deemed to have admitted the validity of the allegations made by any
other Party by entering into this Agreement, and all Parties specifically disclaim and deny any
wrongdoing or liability to any other Party with respect to any claim or allegation that was or could
have been made in connection with or related to the Lawsuit.
2. City's Assumption of the Project. Pursuant to a separate Interlocal Cooperation
Agreement by and between the City, SID 392,and MPS,the City agrees to complete certain Work
all as identified in the Interlocal Cooperation Agreement by and among the parties. SID 392 and
MPS shall contribute funds for the completion of the Work, all as described in the Interlocal
Cooperation Agreement.
3. Releases.
(a) The City's Release of SID 392. Except as set forth in the Interlocal
Cooperation Agreement, the City hereby irrevocably and unconditionally releases and
discharges SID 392, and its successors, predecessors, assigns, agents, attorneys, and
representatives from any and all demands,sums of money,actions,rights,causes of action,
obligations, claims, expenses, damages, losses and/or liabilities of any kind whatsoever,
known or unknown,which the City had,now has or may have against SID 392 which relate
to the alleged failure of SID 392 to complete the installation of Polk Street between 178th
• and 177th Streets, in Omaha, Nebraska, all claims that arise out of or are in way related,
directly or indirectly,with the City's claims in the Lawsuit, or that could have been raised
in the Lawsuit, and all claims that arise out of or are in any way or manner related to any
of the agreements attached to the Complaint in the Lawsuit.
(b) The City's Release ofMPS. Except as set forth in the Interlocal Cooperation
Agreement,the City hereby irrevocably and unconditionally releases and discharges MPS,
and its successors, predecessors, assigns, agents, attorneys, and representatives from any
and all demands, sums of money, actions, rights, causes of action, obligations, claims,
expenses, damages, losses and/or liabilities of any kind whatsoever, known or unknown,
which the City had, now has or may have against MPS which relate to the alleged failure
of MPS to participate in the installation of Polk Street between 178th and 177th Streets, in
Omaha,Nebraska, all claims that arise out of or are in way related, directly or indirectly,
with the City's claims in the Lawsuit,or that could have been raised in the Lawsuit,and all
claims that arise out of or are in any way or manner related to any of the agreements
attached to the Complaint in the Lawsuit.
(c) SID 392's Release of MPS. Except as set forth in the Interlocal Cooperation
Agreement, SID 392 hereby irrevocably and unconditionally releases and forever
discharges MPS for, of and from any and all demands, sums of money, actions, rights,
causes of action, claims, expenses, damages, or losses and/or liabilities of any kind or
,nature whatsoever,known or unknown,that relate to the claims in the Lawsuit,or that were
or could have been raised in the Lawsuit, and all claims that arise out of or are in any way
related to any of the agreements attached to the Complaint in the Lawsuit.
4. Representations and Warranties. The Parties expressly represent and warrant that
they are authorized to execute this Agreement. Further, the Parties expressly acknowledge that
they have been represented by their respective attorneys in connection with the preparation of this
Agreement. This Agreement has been drafted jointly by the Parties and their respective attorneys,
and the terms, conditions and provisions of this Agreement shall be construed only according to
their fair import and shall not be construed for or against any Party hereto. The warranties and
representations contained in this Agreement shall survive the execution of this Agreement.
5. Dismissal. Within a reasonable time after the Effective Date, but not later than ten
(10) business days following its receipt of the payments specified in the separate Interlocal
Cooperation Agreement, the City agrees to take all steps necessary to dismiss the Lawsuit with
prejudice, with each Party to bear its own costs and attorneys' fees. Similarly, SID 392 agrees to
take all steps necessary to dismiss any and all cross-claims brought in the Lawsuit.
6. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the Parties hereto,and each Party's respective legal representatives, successors and assigns.
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7. Governing Law. The laws of the State of Nebraska shall govern the validity,
construction, interpretation and effect of this Agreement, regardless of any applicable law
regarding the conflict of laws or the interpretation of contracts.
8. Entire Agreement. This Agreement, along with the Interlocal Cooperation
Agreement, represent the complete expression of the intentions of the Parties with regard to the
settlement of the Lawsuit and the related matters set forth herein. They constitute the entire
agreement among the Parties relating to this subject matter, and supersede all prior agreements,
whether written or oral, among the Parties pertaining to this subject matter.
9. Authorized Signatures. By signing below, each Party represents and warrants that
• he/she is authorized to sign on behalf of the respective entity signing below.
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Executed this?day of . ,2018.
CITY OF OMAHA
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By_ / e
Mayor Jean Stothert
ATTEST:
City Cl c, C. - Omaha
Executed this OI. day of ,2018.
SANITARY AND IMPROVEMENT DISTRICT
NO. 392 OF DOUGLAS COUNTY
By
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ATT. ST:
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Executed this IC day of /Yl «y ,2018.
SCHOOL DISTRICT NO. 17 OF DOUGLAS
COUNTY a/k/a MILLARD SCHOOL DISTRICT
By: -
Its: C. F. O.
ATT APIP
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RESOLUTION NO. 51i
Item Submitted By: Sunny LaPuzza
Department: Law
Council Meeting Date: June 5, 2018
Res. that, the City Council does hereby approve the settlement of the case entitled City of
Omaha v. Sanitary and Improvement District No. 392 of Douglas County and School District No.
17 of Douglas County a/k/a Millard School District and that the Mayor is hereby authorized and
empowered to execute the attached Settlement Agreement and Release.
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Presented to City Council
June 5, 2018
APPROVED 7-9-60-0
8ltzabeth Mi&tier
City Clerk