09.04 Maintenance Facility Final Payment

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July 24,2020 City of Pequot Lakes 4638 Main Street Pequot Lakes,MN 56472 Re:Maintenance Garage Construction—Retease of Claims To whom it may concern: On or about February 28,2018, the City of Pequot Lakes{the"City")contracted with Boser Construction Inc. ("BCI")for the construction of a maintenance garage facility(the"Project"). In the fall of 2018, a dispute arose between the City and BCI regarding the status of the Project's completion,with the City and BCI(together,the"parties")asserting competing claims which were denied by the other party during their attempts to resolve their dispute. Specifically,the City asserted an enritlement to liquidated damages against BCI under the terms of the construction contract,and BCI asserted an entitlement to final payment of the contract price in the amount of$31,912.99 plus interest pursuant to the Municipal Prompt Payment Act,Minn. Stat. §471.425,subd. 4. Counsel for BCl also requested that the City produce various documents pursuant to the Minnesota Government Data Practices Act. On or about July l, 2020, BCI and the City agreed to a resolution by which BCI would submit to the City all outstanding close-out documents and drop its ciaim for any amount above and beyond the final payment amount set forth in the construction contract,and by which the City would likewise drop its claim for liquidated damages and pay BCI the final contract amount of $31,912.99. Therefore,as part of the agreed resolution to this matter,and as an inducement to the City to drop its liyuidated damages claim and pay BCI the final contract amount of$31,912.99,BCI hereby fully and completeiy releases,acquits,and forever discharges the City and its current and former Council members, officers, employees,agents,representatives,insurers,attomeys,and ' other affiliates from any and all liability for any and all damages,actions,or claims,related to ;. the Project and/or the conesponding February 28,2018 construction contract,stemming from E any action,decision,event,fact, or circumstance that occurred prior to the date of this letter. BCI s further retracts any outstanding request for documents it made pursuant to the Minnesota Government Data Practices Act prior to the date of this letter. Notwithstanding the forgoing, BCI maintains its claim for the final payment of$31,912.99 in fuli satisfaction of the amount owing BCI under the parties' February 28,2018 construction contract. , � i P r � . � 4