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f <br /> SETTLEMENT AGREEMENT AND RELEASE <br /> BETWEEN: The City of Eugene, OREGON ("the City") <br /> AND: Qwest Corporation, which is the successor in interest to <br /> USWEST Communications, Inc., together with its parents, <br /> subsidiaries and affiliates (collectively "Qwest") <br /> EFFECTIVE DATE: Upon signature by both parties <br /> RECITALS <br /> <br /> i <br /> WHEREAS, the City is an Oregon municipal corporation as set forth in ORS 221.005 et <br /> seq. <br /> WHEREAS, in or about 1996, the City entered into a Local Agency Agreement related to <br /> a public works project, sometimes referred to as the Ferry Street Bridge & Overpass <br /> Rehabilitation and Improvements Project, ODOT Contract No. 11874, whereby the City and <br /> others rehabilitated, improved and otherwise modified the Ferry Street Bridge, its appurtenances, <br /> adjacent roadways, walkways and paths, and other surrounding areas (the "Project"). <br /> WHEREAS, at the City's and others' requests, and in connection with the Project, Qwest <br /> and its employees, agents and contractors performed, in part at Qwest's expense and without <br /> limitation, temporary and permanent relocation and conflict-avoidance work. <br /> WHEREAS, the City has asserted various claims against Qwest arising out of the Project, <br /> including without limitation that Qwest caused delays to the Project, increased the cost of the <br /> Project, and breached the parties' franchises and related ordinances. <br /> WHEREAS, Qwest disputes the City's claims and contends that it performed all duties in <br /> connection with the Project in a timely, reasonable and workmanlike manner and otherwise acted <br /> in conformance with the parties' franchises and related ordinances. <br /> WHEREAS, on or about August 22, 2000, Mowat Construction Company ("Mowat") <br /> submitted a claim for delay costs including additional overhead, general conditions and <br /> equipment cost to the City and Oregon Department of Transportation ("ODOT") in a seven <br /> volume set entitled FERRY STREET BRIDGE CLAIM. Mowat's claim was ultimately settled <br /> between the parties, and the City paid the entire settlement to Mowat from City funds. <br /> WHEREAS, no other claims-by any third party are currently outstanding-against the City <br /> with respect to the Project. <br /> -RRAS;-Qw€st-dispu#es,-at~ong other-tfring~,-that-~t-i~-l~abl~-foran3~ Bests-axed <br /> expenses incurred by the City or other third parties in connection with the Project; and <br /> Page 1 -SETTLEMENT AGREEMENT AND RELEASE <br /> <br />