HomeMy WebLinkAboutPW09-273 - Original - Miles Sand & Gravel Company - Settlement Agreement - 09/08/2009 .,xrm•�,C,4
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KENT Document
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: ^X"2
Vendor Number:
JD Edwards Number
Contract Number: IWO- .273
This is assigned by City Clerk's Office
Project Name: Sc 2-2-9`' ✓� Iv�� " "��� U► II� S
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
Other: 5e t- t 2y,v"+- -
Contract Effective Date: Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
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Contract Manager: ) IlAA f 1Ole ' Department: �W cvl l In 4s
Detail: (i.e. ad re ss, location, parcel number, tax id, etc.):
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Settlement Agreement
September 8, 2009
This Settlement Agreement ("Agreement") is entered into as of the last date written below by and
between the City of Kent and Miles Sand and Gravel Company ("Miles"), the petitioner and
respondent, respectively, in King County Superior Court Cause No. 09-2-07898-0 KNT, an eminent
domain action filed by the City This Agreement memorializes in writing the binding settlement
agreement reached on September 8, 2009, as the result of mediation with the Hon. Gerard M.
Shellan (Ret.) at the offices of JAMS, One Union Square, 600 University Street Suite 1920, Seattle,
Washington 98101.
Recitals
The City of Kent filed against Miles an eminent domain lawsuit in King County Superior Court,
cause number 09-2-07898-0 KNT, the object of which was to determine the just compensation
owing to Miles in connection with two Miles parcels impacted by the City of Kent's South 228th
Street/BNSF Grade Separation Project and referred to in the lawsuit as the "warehouse parcel"
and the "batch plant parcel."
The Parties agreed to a September 8, 2009, mediation of the eminent domain claims and all other
compensation issues related to the warehouse parcel; the batch plant component of the case was
successfully mediated on August 4, 2009
The City previously paid to Miles, in return for Miles granting possession and use of the portions
of the Miles parcels necessary to accommodate the Project, the sum of$770,820.00. As part of
the August 4, 2009, mediation related to the batch plant parcel, the parties agreed that that
amount would operate as a credit against the roughly$1 3 million sought by Miles in connection
with the warehouse parcel. Hence, the settlement set forth below in connection with the
warehouse is for "new money."
Agreement
1. In full and final settlement of any and all claims or causes of action, known or unknown,
that Miles has or may have against the City or that the City may have against Miles in connection
with the warehouse parcel in relation to the City's South 228th Street Project as set forth in King
County Cause Number 09-2-07898-0 KNT, the Parties agree as follows:
a. Within ten days after Miles has executed duplicate originals of this Agreement and
returned both to the City of Kent care of its attorney, Michael L. Charneski, Attorney at
Kent-Miles Warehouse Settlement Page 1
Law, 19125 Northcreek Parkway Suite 120, Bothell, Washington 98021, the City shall
deliver to Miles' attorney Warren Daheim a settlement check made payable Miles Sand
and Gravel Company in the amount of$180,000 00.
b. The City will provide for Miles at the City's expense a sign for the warehouse with the
design, size and location to be mutually agreed upon in good faith by the City and Miles.
The sign shall be in lieu of a 14-foot-high pylon sign previously proposed by the City.
c. The City will provide for Miles at the City's expense landscaping next to the new overpass
wall adjacent to the warehouse parking area;the details of such landscaping shall be
mutually agreed upon in good faith by the City and Miles. The parties have already
discussed proposals and bids and will continue working together to agree upon and install
the landscaping at City expense and in a timely manner.
2. In the event of any dispute between the Parties related to the preparation or execution of
any documents necessary to implement this settlement, such disputes shall be resolved by means
of a telephone conference with Judge Shellan, whose decisions on such matters shall be binding.
3. After it receives the executed Settlement Agreement from Miles,the City will at its sole
expense prepare a Stipulation and Order of Dismissal (With Prejudice)to be signed by the Parties'
attorneys and entered with the Court to dismiss the pending eminent domain action.
4. The foregoing is the full, complete agreement of the Parties and may not be amended
unless in writing executed by both Parties
Miles Sand and Gravel Company, Inc., a Washington Corporation
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By Walt Miles, President
Date:
City of Kent
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By Mark Howlett, Design Engineering Manager
Date:
Kent-Miles Warehouse Settlement Page 2