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2008-03-26 Mediation Agreement 't Name: Gold Key Development v. City of Albertville Date: March 26, 2008 File No.: 26688.174 I t-oh.. ll{.il ,.~ -llAillUIML) 1177~EJr1 ~ c,~ Lt1 Cf( frt crt( A T/D (2...tJ C1 pu r<- c... 1'7 ~ 61 sfvtlt\. mv fv&t>sH€.~ t1 ARK ~o770 w c~V' CJe.QV\ ~ III Q+t- 30 \tI t1 S,OVl 00 \l1V1 ~1~~-~ ~ J;, rne,y &1 GcJld.. K e y Go~ct K~y C--so\d K~y ~, MEDIATION AGREEMENT Gold Key Development, Inc. v. City of Albertville, et al. TIC Homes, Inc. v. Gold Key Development, Inc. et al. The undersigned parties agree on March 26, 2008 as follows: 1. The undersigned are parties or representatives of parties to the controversy identified as Gold Key Development, Inc. v. City of Albertville, et al. and TIC Homes, Inc. v. Gold Key Development, Inc. et al. and they have agreed to seek to resolve the controversy through mediation. 2. Each party acknowledges that the mediator has given them written notice that (a) the mediator has no duty to protect their interests or provide them with information about their legal rights; (b) signing a mediated settlement agreement may adversely affect their legal rights; and (c) they should consult an attorney before signing a mediated settlement agreement if they are uncertain about their rights. 3. The parties acknowledge that prior to the commencement of the mediation, they were provided with a disclosure of the qualifications of the mediator, including a description of the mediator's educational background and relevant training and experience in mediation. 4. The parties acknowledge that participation in the mediation is voluntary and may be terminated at any time by any party, their representative or the mediator upon notice to the other parties. The provisions of the Minnesota mediation statute with respect to the termination of mediation only upon written notice are hereby waived. 5. The parties agree that (a) all statements, documents and disclosures are under the rules of evidence and will be inadmissible by any person unless offered by the person giving the statement, revealing the document or making the disclosure or is otherwise independently admissible; and (b) the mediator will not be compelled to give testimony at a deposition or trial, or by other means or at other times, as to a matter learned through the mediation, except to prove the existence or the terms of a settlement agreement which is made at or through the mediation session or process. GOLD KEY DEVELOPMENT, INC. U~ Y- ~L Its Representative ~~r}~ Its Attorney - CITY OF ALBERTVILLE c!~~ .~. Its Repr entative ' ~ Jts~ 1976355v2 r' .. SEH Its Representative Its Attorney 1976355v2