HomeMy WebLinkAboutLW12-283 - Original - Brown, Dupleigh & Marks - Release & Settlement Agreement - 11/21/2012 r'
RELEASE AND SETTLEMENT AGREEMENT
City of Kent v. Brown, Dupleich and Marks
(Alleged Code Violation Claim, Greenbelt adjacent to 25100
block of 43r1 Avenue South, King County Parcel No.
7110060365)
I. Settlement Agreement
For the sole consideration of $60,000 (SIXTY THOUSAND
DOLLARS), paid on behalf of Peter Marks and State Farm Fire and Casualty
Company (including, but not limited to, their affiliates, their successors,
assigns, officers and employees), Eduardo and Marlys Dupleich and Allstate
Insurance Company (including, but not limited to, their affiliates, their
successors, assigns, officers and employees), and Winfield and Catherine
Brown and Pemco Insurance Company (including, but not limited to, their
affiliates, their successors, assigns, officers and employees) (hereafter the
"Releasees"); The City of Kent (hereafter the "Releasor") hereby releases
and forever discharges Releasees from any and all claims or causes of action in
any way growing out of any and all damages resulting from, or to result from,
the circumstances that were the subject of the City of Kent's "Code Violation
Claim, Greenbelt adjacent to 25100 block of 43`d Avenue South, King County
Parcel No. 7110060365" (the "Code Violation Claim"). This release is
intended to include Releasor's claims that were brought, that could have been
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brought, and that may accrue in the future whether known or unknown to the
Releasor including, but not limited to, timber trespass claims, earth movement
claims, water damage claims, and/or other property damage claim that in any
way relate to the Code Violation Claim identified herein.
It is understood that this settlement forever resolves all claims by
Releasor against the Releasees pertaining to the Code Violation Claim.
II. No Admission of Liability
Payment of the above amount is for settlement of a disputed claim
between Releasor and Releasees and is not an admission of liability or
negligence by the parties to this release. This release shall not be construed as
a determination of negligence of liability by the parties involved.
III. Claims for Contribution, Indemnity, and Subrogation Reserved.
The parties acknowledge that this settlement is without waiver or
prejudice to the rights of the Releasees to pursue claims for contribution,
indemnity, and/or subrogation against persons and/or entities who were not
parties to this agreement.
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I agree that this release and settlement is fair, is knowingly and
voluntarily made, and forever ends Releaser's rights to make any claims
related to this incident as against Releasees and is based on the advice of
Releasor's attorneys.
I HAVE READ AND UNDERSTAND THIS RELEASE
u Ai horized Rep►csentative Date
7e y of Kent
C y of Kent, raw llcpartment Date
CERTIFICATE OF WITNESSES i
We certify that this release was signed in our presence by the above who
acknowledged th t they understood it fully.
Witness:
Address.(: 20
Witness:
Address: _22�o eoutfit',�i�.ss,f GUI—'l8�-+3�
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REQUEST FOR MAYOR'S SIGNATURE
v KtNT Please Fill in All Applicable Boxes
WA..ni r{,Tt .
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: Tami Perdue Phone (Originator): x5776
Date Sent: 11/21/12 Date Required: 11/21/12
Return Signed Document to: Cheryl Rolcik- CONTRACT TERMINATION DATE: n/a
Wilcox/Law
VENDOR NAME: Defendants Marks, DATE OF COUNCIL APPROVAL: n/a
Du leich, and Brown
Brief Explanation of Document:
Release and Settlement Agreement concerning acceptance by the City of $60,000 to
settle the Code Violation Claim by the City against Marks, Dupleich, and Brown
regarding tree topping on City property at Reith Road.
All Contracts Must Be Routed Through The Law Department
It IS 2, (This area to be completed by the Law Department)
Received: / � � ;ECE1NED
Approval of Law Dept.:
Law Dept. Comments:
Date Forwarded to Mayor:
Shaded Areas To Be Completed By Administration Staff
Received:
Recommendations and Comments:
Disposition: 111Z/12 /L
Date Returned: '" �-