HomeMy WebLinkAboutContract 2011 2383 ate
2383
Hoeft Signs INC PROPOSAL DATE: 5/26/11
6035 235 Street West
Farmington, MN 55024 SALES PERSON: Jim Hoeft
Phone: 651 - 460 -2812
Fax: 651 - 460 -2833 JOB LOCATION: 2105 37 Ave N.E
PROPOSAL TO: Top Value Liquor
CUST. CODE: Top Value Liquor PHONE: 763 - 706 -3819 FAX: 1- 866 - 476 -2140
Hoeft Signs, INC. PROPOSES TO FURNISH ALL LABOR AND MATERIALS AS NEEDED TO:
1- Install 1- VG- 64x144- 16mm -DF RGB in existing spot on monument.(3.43'x7.56')
2- Sign will be upgraded to the same size as 50 and Central, if available.
3- Install 1- Either net Radio for communications from computer room to sign.
4- Install 1 -Temp sensor on sign.
5- Install trim around sign at 37 location and 50 and Central location.
- Electrical hook up included in price.
TOTAL BID PRICE DOES INCLUDE CHARGES FOR SALES TAX, Does NOT INCLUDE
PERMITS, PERMIT STAFF TIME FEES, AND /OR DISPOSAL /RECYCLING FEES $34,851
TERMS: Down Payment $ 17,425
Final when sign is completed $ 17,426
AUTHORIZED SIGNATURE:
I / WE ACCEPT THE PRICES /
TERMS /CONDITIONS AND /OR
SPECIFICATIONS LISTED HERE
ANDHEREBY AUTHORIZE
HOEFT SIGNS INC.
TO PERFORM THE WORK AS
SPECIFIED.
Ji oeft CITY `_ 1 ;lrAGER
i dii
DATE 11 _
MAYOR
NOTE: THIS PROPOSAL MAY BE WITHDRAWN BY Hoeft Signs, INC. IF NOT ACCEPTED WITHIN 30
DAYS.
JIM HOEFT SIGNS, INC. Service Order
6035 235TH STREET WEST
FARMINGTON, MN 55024 Date Invoice #
5/3/2011 6243
Name / Address Ship To
City Of Columbia Heights 37Ave & Hart
590 40th Ave NE Columbia Heights, MN 55421
Columbia Heights, MN 55421
PO # Case # SVO #
Description Qty Cost Total
Imago 64 X 144 RGB 2V 16mm 31,851.27 31,851.27
3'4.3 X 7'6.7scrcen size
23A/side
includes installation
install electrical Roughly number(MUST DO SITE SURVEY TO 3,000.00 3,000.00
CONFIRM)
Total $34,851.27
SETTLEMENT AGREEMENT AND RELEASE
This settlement agreement and release ("Settlement Agreement") is made and entered into
by and between the City of Columbia Heights ("the City") and Jim Hoeft Signs, Inc. ("Hoeft
Signs"). The City and Hoeft Signs may be individually referred to herein as a"Party" or
collectively as"the Parties."
WHEREAS,the Parties entered into an agreement whereby the City agreed to purchase
an LED sign for Top Valu Liquor II from Hoeft Signs; and
WHEREAS,the agreement also called for Hoeft Signs to install the LED sign; and
WHEREAS, a dispute between the Parties developed regarding the timing of installation
and scope of materials to be provided by Hoeft Signs; and
WHEREAS,the Parties have determined that it is desirable and beneficial for them to
settle, compromise and resolve their disputes in the manner and on the terms and conditions set
forth herein, in order to avoid further costs, inconvenience and uncertainty of potential litigation,
and for that purpose have entered into this Settlement Agreement.
NOW THEREFORE, in consideration of the foregoing recitals,the mutual promises
and covenants set forth herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby expressly acknowledged,the Parties agree as follows:
1. Recitals: The recitals and facts set forth above are incorporated into this
Settlement Agreement as part of the terms hereof.
2. Payment: The City agrees to pay Hoeft Signs the sum of$9,463.27 in settlement
of all of Hoeft Signs' claims or potential claims against the City related to any dispute between
them including but not limited to the City's purchase and Hoeft Signs' subsequent installation of
a LED sign for Top Valu Liquor Il. Payment shall be made to Hoeft Signs on December 28,
2012 at 2:00 p.m., or as soon thereafter as Hoeft Signs provides proof that the small light module
under warranty within the sign has been replaced.
3. Mutual Release: In consideration of the terms and provisions of this Settlement
Agreement, each of the Parties hereby completely remise, release, hold harmless and forever
discharge the other party, and, as applicable, their past and present parents, predecessors,
subsidiaries, affiliates,partners, owners, officers, directors, managers, employees, City
representatives, City counsel, attorneys, agents, trusts, trustees, spouses, heirs, executors,
administrators, successors, assigns, and insurers, and anyone claiming by or through them, of and
from any and all causes of action, claims, debts, demands, damages, costs, attorneys' fees and
expenses, known or unknown, accrued or unaccrued, contingent or not contingent, of every
nature and kind, both at law and in equity, including but not limited to any and all claims or
issues, arising from the purchase of the Sign by the City.
4. Non-Admission: Nothing in this Settlement Agreement shall be construed to be
an admission by any party.
5. Entire Agreement: This Settlement Agreement constitutes the entire agreement
between the Parties and supersedes all prior oral or written agreements between the Parties. Any
subsequent modification of this Settlement Agreement must be in writing and signed by all
parties to this agreement to be effective.
6. Governine Law: This Settlement Agreement is governed by and is to be
construed in accordance with the laws of the state of Minnesota.
7. Survival: If one or more of the provisions of this Settlement Agreement are
stricken or declared invalid by any court, the remainder of the Settlement Agreement shall
survive and remain enforceable.
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8. Authority: Each of the persons signing on behalf of the respective Parties to this
agreement acknowledges that they have authority to execute this Settlement Agreement on
behalf of their respective party or entity.
9. Enforcement: Releases do not apply to claims regarding enforcement of this
Settlement Agreement.
10. Costs and Attorneys' Fees: Each of the parties to this Settlement Agreement
shall bear their own costs and attorneys' fees with respect to their disputes and this Settlement
Agreement.
11. Counsel: The Parties acknowledge that they have consulted with legal counsel or
have had the opportunity to consult with legal counsel of their choice regarding the terms and
conditions of this Settlement Agreement. The Parties further acknowledge that they are entering
into this Settlement Agreement of their own free will.
12. Fax and Counterparts: This Settlement Agreement may be executed
simultaneously or in counterparts, each of which will be deemed an original, but all of which
together will constitute one and the same Settlement Agreement. Facsimile copies and
photocopies of the executed signatory page(s) shall be deemed originals for the purposes of this
Settlement Agreement.
WHEREFORE,the Parties by setting forth their signature below agree to the foregoing
terms.
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CITY OF COLUMBIA HEIGHTS
a� r
Dated: , 2012 By:
Its: City Mana er
Dated: , 2012 By:
Its: finance Director
JIM HOEFT SIGNS, INC.
Dated: D� , 2012 By: �
Its: C :c �
583768-v1
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