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HomeMy WebLinkAbout1985-14 Approving a Settlement of the Dispute and Arbitration Between Hyder Construction Inc and Robbins & Ream AIARESOLUTION N0. 14 Series of 1985 A RESOLUTION APPROVING A SETTLEMENT OF THE DISPUTE AND ARBI- TRATION BETWEEN THE TOWN OF UAIL, HYDER CONSTRUCTION, INC., AND ROBBIEdS & REAM, AIA. WHEREAS, the Town entered into a contract with Robbins Ream in 1979 for the design of the Lionshead parking structure and the town subse- quently entered into a contract with Hyder Construction, Inc. for con- struction of the project; and WHEREAS, disputes have arisen between the parties regarding certain deficiencies in the design and construction of the project and regarding payment for the work performed which resulted in the initiation of arbi- tration proceedings involving all parties which arbitration was scheduled for hearing on April 1, 1985; and WHEREAS, the parties have agreed to resolve their differences o.n the terms and conditions set forth herein; NOW, THEREFORE, BE IT RESOLUED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, AS FOLLOWS: Section 1 The town of Vail, hereby agrees to a settlement of its claims relating to the Lionshead parking structure with Hyder Construction, Inc., and Robbins Ream AIA upon payment to the Tawn of the following sums respectively: Hyder shall pay the Town the sum of $183,000.00 and Robbins Ream shall pay the Town the sum of $120,000.00. Hyder shall forgive payment to it of the sum of approximately $30,000.00 which it claims is still due and owing it pursuant to its con- tract to the town of Uail relating to the Lionshead parking structure. Section 2 The Town Council hereby authorizes and directs the Town Attorney and. the Town Manager to take all actions which are reasonably necessary and proper for the final settlement of this matter under the terms as set forth herein including, but not limited to, the signing of appropiate settlement agreement and releases. INTRODUCED, READ, PASSED, AND ADOPTED at a regular meeting of the Town Council of the Town of Vail, Colorado, held on April 2, 1985. r~ ~ Pai~I R. Johns on, Mayor ATTEST: A.wctir wL? Pamela A. Brandmeyer, Tow~Clerk i a~u~`~u ~r~, ~l~1 STATE OF COLORADO COUNTY OF EAGLE SS. TOWN OF VAIL The Town Council of the Town of Vail, Colorado met in public, regular session in full conformity with the law and with the ordinances and rules of said Council at 75 South Frontage Road, Vail, Colorado on Tuesday, Mau 21.b.t 1985 at the hour of 7:3Q p.m. Upon roll call, the following were found to be present, con- stituting a quorum: Present: Mayor:Paul. Johnston Mayor Pro-Tem:Kent Rose Other Councilmembers:Dan Corcoran Colleen Kline Gordon Pierce He~~aa- ~a~~~r Gail Wahrlich-Lowenthal Absent :Nvcmann S-tau~es~. constituting all the members of the Town Council. There were also present: Town Manager:Ron Phillips Town Clerk:Pamela A. Brandmeyer Town Attorney:Larry Eskwith a.unn Jahvrs~on introduced the following resolution, the text of which is as follows: