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� t' <br /> . . SETTLEMENT AGREEMENT <br /> n�,� I�l����� r��a�'�J , <br /> THIS AGREEMENT made this �_ day of 1� <br /> 1991 by and between the City of Decatur, herein after referred to <br /> as "Decatur" and Downing Street Partnership, a Michigan limited <br /> Partnership d/b/a Hyde Park, hereinafter referred to as "Hyde <br /> Park" . <br /> WITNESSETH• <br /> ti�hereas , Decatur filed an ordinance violation against Hyde <br /> Park in the Macon County Circuit Court No. 91-OV-274, alleging that <br /> Hyde Park had violated Chapter 56, Section 18 of the Code of the <br /> City of Decatur; the complaint specifically alleged that Hyde Park <br /> did not properly follow the refuse removal requirements set forth <br /> in the above chapter and section of the City code. <br /> Whereas, Hyde Park filed an affirmative defense and a counter- <br /> claim against Decatur, in the above referenced ordinance violation <br /> action; the counter-claim is for an order of mandamus in which Hyde � <br /> lle es that Decatur is obligated to treat Hyde Park as a ( <br /> Park a g I <br /> commercial account, therefore., Hyde Park is not in violation of the I <br /> above referenced Decatur City Code; and <br /> ti'hereas, Decatur and Hyde Park entered into an agreement for <br /> the extension of City water service to Hyde Park; and <br /> Whereas, Decatur has sent Hyde Park an invoice for the water <br /> extension service in the amount of $85, 015; and <br /> Whereas, it is Hyde Park' s position that their contribution to <br /> this project should be $63 , 000 ; and <br /> Whereas, the parties desire to resolve all of these matters . <br />