6. Settlement Agreement - Daniel ParkerCity of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903
Telephone: (406) 758-7701 Fax: (406) 758-7758
MEMORANDUM
To: Mayor Fisher and City Counci
From: Doug Russell, City Manager .
Re: Settlement Agreement, Daniel Parker, Parker Bronze, Inc.
Meeting Date: May 20, 2013
BACKGROUND: In 2007, the City of Kalispell entered into a contract with Daniel Parker,
Parker Bronze, Inc., for the production and delivery of a bronze statue to be placed at the
intersection of Highway 93 and Highway 2. This initial payment included $10,000 with an
additional $91,000 to be paid at various times through the production and delivery process of the
main statue and 30 smaller statues. This contract was amended in December of 2008, to specify
a delivery date of December 13, 2009. Delivery of the statues has not occurred and no further
payment has been made.
Daniel Parker, Parker Bronze, Inc., filed an action in District Court in July of 2011 claiming
breach of contract and requesting additional compensation. At a settlement conference in May
of 2013, tentative terms of a settlement were reached whereas Daniel Parker, Parker Bronze, Inc,
will dismiss the lawsuit, reimburse the City of Kalispell $5,000, and the obligations of the terms
of the original contract will be released for both parties.
I have attached the Settlement Agreement, the original contract, and the amendment.
FISCAL IMPACT: Under the terms of the settlement agreement we will not be incurring the
costs of litigation, we will no longer be obligated to the $91,000 in the original contract, and we
will be reimbursed $5,000 of the initial payment.
RECOMMENDATION: It is recommended the City Council approve the settlement
agreement with Parker Bronze, Inc.
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Thane Johnson
Johnson, Berg & Saxby, PLLP
221 First Avenue East
P.O. Box 3038
Kalispell, MT 59903-3038
Telephone: (406) 755-5535
Facsimile: (406) 756-9436
Attorneys for Plaintiff
MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY
PARKER BRONZE, INC.,
vs.
CITY OF KALISPELL,
Plaintiff,
Defendant.
Cause No. DV-11-871C
SETTLEMENT AGREEMENT
COMES NOW Parker Bronze, Inc. (hereinafter "Parker"), by and through
Daniel Parker and the City of Kalispell (hereinafter "City"), by and through the City
Manager, Doug Russell, and the City Attorney, Charles Harball, and settle and agree
to the following.
1. In consideration of payment of the sum of $5,000.00 by Parker to City, Parker
agrees with the City to enter into a Mutual Release whereby Parker releases
the City from all obligations and liability arising out of that certain contract dated
December 13, 2007, and its subsequent amendment dated December 15,
2008. City hereby agrees to release Parker from all obligations and liability
arising out of the same contract and amendment above described.
2. Parker and City shall execute by and through their respective attorneys a
Stipulation for Dismissal with Prejudice of Cause No. DV-11-871C, each party
to bear their own fees and costs.
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3. The foregoing Settlement is contingent upon the City Council approving this
Settlement Agreement. However, the City Manager and City Attorney shall
recommend approval of the same to the City Council at their next available
regular meeting.
4. If the City Council does approve the Settlement Agreement, Parker shall pay
within fourteen (14) calendar days of receipt of written notice of approval to
Thane Johnson the consideration of $5,000.00 to the City.
5. Upon receipt of the sum of $5,000.00, Parker and City shall fully execute the
Mutual Release Agreement and the Stipulation for Dismissal with Prejudice and
file the same with the District Court.
6. Upon payment and upon execution of the Release and Stipulation for
Dismissal, both parties shall be relieved from any further duties and/or
obligations under the above described contract and amendment.
7. Upon execution of the foregoing documents and dismissal of the suit, Parker
shall have sole and exclusive rights to the art which was the subject of the
foregoing contract.
DATED this ay of May, 2013.
Approved by
JOHNSON, B & XBY, PLLP
ThaneJo nson
Attorneys for Plaintiff
PARKER BRONZE, INC.
By:
Daniel Parker
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DATED this P $ day of May, 2013.
Approved by
CITY ATTORNEY
.z
By: I o'
Charles A. Harball
Kalispell City Attorney
CITY OF KALISPELL
r
x
By: �� f
Dig Rdssel(, City Manager
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