Title
AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A SETTLEMENT AGREEMENT WITH BRANDSTETTER CARROLL, INC. (BRANDSTETTER) RESOLVING PENDING LITIGATION BETWEEN THE CITY AND BRANDSTETTER AND THE DECLARATION OF AN EMERGENCY
Body
WHEREAS, the City and Brandstetter entered into a design contract for construction of the Groveport Recreation Center; and,
WHEREAS, as dispute arose between the City and Brandstetter regarding Brandstetter's liability to the City for the design of the project; and,
WHEREAS, as dispute arose regarding the City's liability to Brandstetter regarding compensation under the stated contract; and,
WHEREAS, the City commenced litigation against Brandstetter and Cleveland Construction, Inc. in Franklin County Court of Common Pleas; and,
WHEREAS, Brandstetter filed a counterclaim against the City in the lawsuit; and,
WHEREAS, the City and Brandstetter wish to resolve the dispute without either admitting fault, liability, or responsibility.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GROVEPORT, FRANKLIN COUNTY, OHIO, A MAJORITY OF ITS MEMBERS CONCURRING:
Section 1: That the City Administrator is hereby authorized to execute a settlement agreement, a copy of which is attached hereto and made a part hereof, with Brandstetter thereby resolving the aforementioned dispute with respect to the design of the Groveport Recreation Center.
Section 2: That this Ordinance is hereby deemed an emergency measure immediately necessary for the preservation of the health, safety, and general welfare of the community as this legislation must be enacted in a timely fashion so that the City can bring to an end the litigation against Brandstetter and incur no further financial obligations with respect to the same, and, indeed, obtain a favorable financial result. WHEREFORE, this Ordinance shall be in full force and effect after passage by Council and signature of the Mayor.
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Lance Westcamp, Mayor
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