20.124 Vollinger Release and Settlement AgreementPage 1 of 2
RELEASE AND SETTLEMENT AGREEMENT
This release agreement is entered by and between the City of Northampton, a
municipality organized under the laws of the Commonwealth of Massachusetts with offices at
210 Main Street, Northampton, MA (“the City”), and Robert J. Vollinger, an individual residing
at 78 Mountain Street, Haydenville, MA (“the Releasor”).
1. Release. The Releasor, for himself, and his successors, assigns, members, managers,
beneficiaries, heirs, devisees, legatees, agents and attorneys, in exchange for the
consideration of Twenty-Two Thousand Five Hundred Dollars ($22,500.00), the
adequacy of which is hereby acknowledged, do hereby remise, release, and discharge the
City, its officers, employees, agents, contractors, subcontractors, assigns, and attorneys
(“Releasees”) arising from the taking of a certain easement by Order of Taking, a true
copy of which is attached, including all claims for damages as required under the Fifth
Amendment Just Compensation Clause, under M.G.L. c. 79, and under any other
constitutional, statutory or regulatory law.
2. Representation and Warranties: The Releasor represents and warrant that he has good
and marketable title to the property on which the easement is located free and clear of any
liens or other encumbrances, and agrees to indemnify and defend the city against any and
all claims by third party as to the title to the property and/or as to the consideration paid
hereunder. Each party further represents that he/she/it is authorized to enter into this
Agreement, that the terms contained herein are the product of good-faith negotiations,
that both parties have had an opportunity to consult with legal counsel of his/her/its
choice, that he/she/its representatives read and understand this Agreement and that,
personally or through its representatives, voluntarily accept its terms.
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Executed on the dates set forth below.
______________________ _________________________________
WITNESS ROBERT J. VOLLINGER
Date:
CITY OF NORTHAMPTON
_________________________________ By_________________________________
WITNESS MAYOR DAVID J. NARKEWICZ
Date: