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Home My WebLink AboutLW09-294 - Original - Settlement Agreement - Bio-Diesel Spill Records M ement- KENT WA=„,NGTON Document .I 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: 3y wpy�- Vendor Number: ID Edwards Number Contract Number: LWO?-- _29 � This is assigned by City Clerk's Office Project Name: �2u-t-� Description: ❑ Interlocaj A reement ❑ Change Order Amendment ❑ Contract 0 Other: Contract Effective Date: --Termination Date: Contract Renewal Notice (Days): Number of days required no/�ticelforr termination or renewal or amendment Contract Manager: lW moult—Department: Detail: (i.e. address, location, parcel number, tax id, etc.): �E S,Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 1 SETTLEMENT AGREEMENT BETWEEN CITY OF KENT AND SHANNON RIDGE This Settlement Agreement is entered into by and between the CITY OF KENT, a Washington municipal corporation, and SHANNON RIDGE, a single individual residing at 24909 132nd Place SE, Kent, Washington 98042, for the purpose of resolving between them a dispute regarding and relating to a charge assessed against him under Invoice # RI 10951 dated June 11, 2008 in the amount of $ 7, 547 . 16. This Settlement Ag- reement is effective on the date the last signature is affixed hereto. RECITALS 1 . The City of Kent assessed a charge against Ridge (Account # 179154) under Invoice # RI 10951 dated June 11, 2008 in the total amount of $ 7, 547 . 16 stemming from the contracted clean-up of por- tions of City-owned storm sewers and a detention pond by Western States Environmental, Inc. , of an accidental spill of less than 3 gallons of used vegetable oil from the bed of Ridge' s pickup truck onto 132nd Place SE, a City of Kent public street, that occurred on April 16, 2008. 2 . Ridge appealed the assessment of this charge to the City Hearing Examiner. Ridge's appeal was assigned Case No. HE-2008-01, and the hearing on his appeal is scheduled for August 6, 2008 . 3. Both the City of Kent and Ridge desire to resolve this matter fully as between themselves by entering into this Settlement Agreement under the terms and conditions set forth hereinbelow. In light of these RECITALS, the parties hereby enter into this AGREEMENT A. By not later than August 6, 2008 Ridge will pay to the City of Kent the fixed sum of $ 3, 500.00 (three thousand five hundred dollars U.S . ) as the total agreed full and final satisfaction of City of Kent Invoice # RI 10951 dated June 11, 2008 for Account # 179154 . B. The City of Kent will accept Ridge's payment of $ 3, 500. and credit his Account # 179154 as Paid In Full for Invoice # RI 10951 dated June 11, 2008 . The City may handle the accounting of this transaction in any suitable and appropriate manner as long as the City' s receipt of $ 3, 500. 00 from Ridge constitutes full and final payment and satisfaction of Invoice # RI 10951 . 1 ORIGINAL C. In entering this Settlement Agreement and making the pay- ment of $ 3, 500. 00 to the City of Kent, the parties mutually agree and state that by doing so Ridge makes no admission or inference of legal or factual liability, responsibility, fault or guilt as to any aspect of the underlying incident occurring on April 16, 2008 . D. In consideration of the receipt of $ 3, 500.00 from Ridge, the City of Kent (1) as noted in Paragraph "B" above agrees that it will accept this fixed sum as payment in full of Ridge' s share of all costs and expenses incurred by the City relating to and regarding the April 16, 2008 incident and its subsequent clean-up; (2) promises that it will not pursue any other civil or criminal enforcement actions against Shannon Ridge or Shawna M. Dailey stemming from or related to this underlying incident; and (3) agrees that no lien arising from the underlying incident will be imposed against the real property located at 24909 132nd Place SE, Kent, Washington 98042, separately owned by Shawna M. Dailey (Parcel ID # 1790300010) . E. Each party represents that competent legal counsel was separately obtained and consulted with before this Settlement Ag- reement was signed and that this Agreement was entered into knowingly and voluntarily at arms length. F. This Settlement Agreement is fully integrated and no other oral or written agreements that may exist have any legal force and effect as to the matters addressed in this document. G. This Settlement Agreement is a binding contract and may be enforced under the laws of the State of Washington in the King County Superior Court. The prevailing party in any litigation or alternative dispute resolution will be entitled to an award of reasonable attorney fees and costs. CITY OF KENT, SHANNON RIDGE, a municipal corporation a single individual Tk&OM - l�b« 32nd P1 ce Its: A5SiSfzl� G14; 14446 YI 7 Kent, Washingt 8042 046& 8 / (2)(/ DATE DATE 2 ORIGINAL RHYS A STERLING JOYCE STERLING 0230 PO BOX 218 8 62 64 HOBART WA 9 802 5-02 1 8 DATE Cit. .4 311 PAY TO THE n ORDER OF 1TY 07 ��N� 5400.06 OC Secur features T!t r-e.e �`iOG(J 4«c✓ t 7 V1 ilI[n c�r't d o DOLLARS 8 Details on back DISCOVER BANK GREENWOOD DELAWARE VAlemAf✓r ma rucc Memo SAVAA;1w4yV 2f9CG Accr-017 9/SY SEr yc�w��r.r f•: �vuaiGr' R I /0 9S/ 1:0 3 1 i00649l: 20 4 266 2000 4 511'6 10 2 30 r