13-SETTLEMENT AGREEMENT BETWEEN COP AND 911 RESTORATION

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Draft RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; AUTHORIZING AND APPROVIIVG A COMPROMISE SETTLEMENT AGREEMEIVT BETWEEN THE CITY OF PARIS, AND 911 RESTORATION INC.; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on March 9, 2012, the City filed a negligence and breach of contract lawsuit against 911 Restoration, Inc., an asbestos abatement contractor, for damages to the Grand Theater caused by a roof collapse following a heavy rain on November 22, 2011; and, WHEREAS, bona fide disputes and controversies exist between the parties both as to liability and amount of damages in this case, and in order to avoid the expense and uncertainty of litigation the parties propose the following Compromise Settlement Agreement; and, WHEREAS, the City Council hereby approves the settlement of this lawsuit for $85,000.00 payable to the City of Paris and authorizes the Mayor to execute the Compromise and Settlement Agreement in a form approved by the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the Compromise Settlement Agreement between 911 Restoration Inc. and the City of Paris, Texas, Cause No. 81339, (as approved by the City Attorney) be, and is hereby approved by the City Council of the City of Paris and the Mayor is hereby authorized to execute the Agreement on behalf of the City Council of the City of Paris; further, the City Attorney is hereby authorized to file a Motion to Dismiss the lawsuit upon receipt of settlement check. PASSED AND ADOPTED this the 25th day of March, 2013. A.J. Hashmi, M.D., Mayor �9