HomeMy WebLinkAbout2022-09-06 Resolution 2022-382_Settlement Agreement and ReleaseTHE CITY OF WAUKEE, IOWA
RESOLUTION 2022-382
APPROVING SETTLEMENT AGREEMENT AND RELEASE
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized
Municipal Corporation, duly formed and existing pursuant to the laws of the State of Iowa;
AND,
WHEREAS, Priority Excavating, LLC ("Priority") was awarded the contract for the Little
Walnut Creek North Trunk Sewer — Phase 1 and Water Main Extensions project; AND,
WHEREAS, the City declared Priority in default of the Contract and ultimately terminated
employment of Priority on the project on or about July 21, 2021; AND,
WHEREAS, Priority and the City have asserted legal claims against one another; AND,
WHEREAS, both Priority and the City have reached an agreement to settle the dispute.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the
proposed Settlement Agreement and Release between Priority Excavating, LLC and the City
of Waukee is hereby approved.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 61 day of
September, 2022.
Courtney Clarke, Mayor
Attest:fa� //�
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Rebecca D. Schuett, City Clerk
RESULTS OF VOTE:
AVE NAY ABSENT ABSTAIN
Anna Bergman Pierce
X
R. Charles Bottenberg
X
Chris Crone
X
Larry R. Lyon
X
Ben Sinclair
X