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Home My WebLink AboutEC16-186 - Original - Bridgewater IV - Settlement & Release of Claims - 05/02/2016 gemen' ecords Man. s I RN� KEN _'771 VIA S�I I M 0 rON 72� Document CONTRACT COVER SHEET This is to be completed by the contral"'t Manager Prior to 'submission to CKV Clerks Office. All portion rat o be completed. Xf you have questions, please., contact City CleA 's ro ice. Vendor Haine. N Hoea-ca Qwne4—z, a5s Ahc Vendor Mumber. JD Edwards Number Contract Number., El I U_ ISU This is assigned by City Clerk's Office Project Name., - -� rif—r6ac Of octims Description: Interlocal Agreement 0 Change Order [I Amendment 0 Conti-act �Other; _ 2—f-UMkint ft'_-Jyy�f- + Rel-eaz�,le oF Oaiws Contract Effective Date. Tom rain Date.- IrI( Contract Renewal Hotice (Days), Number of days required notice for termination or renewal or amendment Contract Manager. I - Deparftnen�i:. ECD MUM PI Contract Aniount: Approval ALIthority., F-I Department Director ,,Mayor 00ty Council Detail: (Le. address, location, parcell number, taic id, etc.); - 90- 6ft(A'S UpYkIL' P-n,(jI I-I'd — Sbuf'�I Aaao_'L��P'1'6�C � adccWI0877_8_14 SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS This Settlement Agreement and Release of Claims ("Agreement") is entered into between the city of Kent, a Washington municipal corporation ("City") and Bridgewater IV ("Bridgewater IV"), a non-profit Washington corporation. The City and Bridgewater IV are sometimes referred to collectively as the "Parties." On March 23, 2015, the Parties entered into a final settlement agreement of the following property and property rights: a portion of land in fee title, a river protection easement, and a utility easement for the City's Upper Russell Road - South Reach Levee Project (the "Project"). A copy of the March 23, 2015, agreement is attached as Exhibit "A" hereto and incorporated herein by reference. The terms and conditions of the March 23, 2015, agreement required certain additional performance on the part of the City. The Parties now desire to enter into a Settlement Agreement whereby Bridgewater IV will relieve the City of its obligation of additional performance, in part, in exchange for additional compensation on the part of the City, and specific performance by Bridgewater IV of the following work: The work shall consist of restoration of the easement area located between the toe of the new levee and the HOA's existing lawn. The restoration shall include repairing the damaged irrigation system as required to have a fully operational system; repairing and connecting the existing storm drainage system as needed; filling and grading the site with topsoil to match the existing ground surfaces; and hydroseeding the topsoil (collectively, the "Work"). Additional compensation to be paid by the City: $19,491.00 The Parties have negotiated a resolution of this matter that will result in the satisfaction of all claims that Bridgewater IV asserted or could have asserted against the City regarding the Project. Therefore, the Parties, intending to be legally bound, agree as follows: 1. In exchange for the additional compensation paid by the City, Bridgewater IV forever releases the City from its obligation of additional performance for items 2, 4, and 5, as listed under the "Additional performance by the City" section of the March 23, 2015, agreement. 2. In addition, Bridgewater IV also agrees to perform the Work described above, and will indemnify, defend, and hold harmless the City from any and all claims for damages, including attorney fees, arising out of or in connection with Bridgewater IV's performance of the Work or the future existence of the improvements resulting from the Work. City of Kent & Bridgewater IV - Settlement and Release of Claims Page 1 of 2 3. The City agrees that, prior to Bridgewater IV performing the Work, the City shall ensure that the Work site is free of miscellaneous debris, including, but not limited to: large rocks; levee fill material; straw wattles; and any leftover construction materials or rubbish associated with the same., The City further agrees to smooth the Work site, to the extent reasonably practicable. 4. The Parties agree that this Agreement represents a full and final settlement of all claims, known and unknown, that Bridgewater IV asserted or could have asserted against the City. 5. Bridgewater IV agrees that this Agreement is not an admission by the City that it, or any of its employees, agents, elected officials or volunteers, has violated any law, policy or contract or failed to fulfill any duty to Bridgewater IV. 6. This Agreement shall be binding upon Bridgewater IV and any purchasers or future owners of the property, as well as the heirs, legal representatives, successors and assigns of Bridgewater IV. 7. This Agreement: (i) represents the entire understanding of the Parties with respect to the subject matter covered; (ii), supersedes all prior and contemporaneous oral understandings with respect to such subject matter; and (iii) may only be amended in a writing signed by each of the Parties. By affixing a signature below, those signing for Bridgewater IV affirm that the representations made herein are true and correct, and that they have the authority to sign this Agreement and bind Bridgewater IV to its terms and conditions. This Agreement shall become binding and will take effect upon the last date executed below. CITY OF KE BRIDGEWATER IV By: By: Print Na" e: S zette Cooke Print Name: Diane DeMeerler Its: / or Its: President �112 Date: = Date: -'7 APPROVED AS TO FORM BY: By: k U Print Name: DIM V�—&- Its: Pe-6 C1 'k-7 Date: L4 ?—Ot I ��a P:\001\o-kn,\0pen flle$\1646-Lcvee lmprovenwm AgrtiCmemdwx City of Kent & Bridgewater IV - Settlement and Release of Claims Page 2 of 2 EXHIBIT A Public Works Design Engineering Marls Howlett,P.E. Design Engineering Manager 400 West Gowe p Kent,WA 98032 EN° Fax 253-856-6500 W A U H I H OTO H Phone: 253-856-5500 MAL SE 1 R 1LJd!ILYAJ`,NT AGE 0`•E YAAI NT March 17,2015 Bridgewater IV,allon-Profit Washington Corp Diane DeMeerleer PO Box 5640 Kent,WA 98064 RE: Upper Russell Road—South Reach Levee Project Parcel Number: Portions of 108568-0000 Site Address: Portions of Common Area of Bridgewater IV,Condominium Office File Number:PW2012-081 Dear Ms.DeMeerleer: This letter constitutes a final settlement agreement ("Agreement") between the City of Kent and Bridgewater IV for the City's purchase from Bridgewater IV of the following property and property rights:a portion of land in fee title,a River Protection Easement,and.a Utility Easement,all for the City's Upper Russell Road—South Reach Levee Project("the Project"). 1)Payment by the City. In full and complete settlement of all claims for just compensation arising from the taking of property and/or property rights for the Project,the City shall pay the total sum of$205,520.00 as outlined below(and preceded by Bridgewater IV's delivery of items 2(a e)listed below): Fee Take(16,511 sq.ft.): $ 103,194.00 River Protection Easement(5,972 sq.ft.): $ 18,633.00 Utility Easement(3,973 sq.ft.): $ 6,198.00 Improvement(trees, sod and shrubs) $ 42,073.00 Community Garden: $ 10,775.00 Professional fees: $ 750.00 Administrative Settlement: $ 23,145.00 TOTAL OFFER $ 205,5Z0.00 2)Performance by Bridgewater IV On or before March 25,2015,Bridgewater IV shall fully execute and deliver to the City of Kent the following documents,originals and copies of which are enclosed with this Agreement: a) Quit Claim Deed b) State Excise Affidavit City of Kent Public works Department Timothy J.LaPorte,Public Works Director EXHIBIT A v I Bridgewater 1V i Page 2 i c) River Protection Easement d) Utility Easement e) Temporary Construction Permit f) Submittal of Invoice for Professional Fees reimbursement(not enclosed) 1 2) Additional performance by the City. 1) The City will provide temporary chain link construction fencing,wrapped with fabric, during construction. 2) The City will restore any irrigation disturbed by the project. 3) The City will build a gravel trench,as shown on attached detail sheet,to capture water; said trench will be the owned and maintained by the Homeowner Association. 4) The City will restore existing storm water system,within the project foot print. 5) The City will hydro-seed the area upon completion of the project. 6) The City will have the owner's representative work with the contractor to avoid un- necessary disturbance during normal business hours. The parties agree to the foregoing as all the terms for full,complete and final settlement of the above-referenced acquisition. A2za Diane DeMeerleer 1 t -C+Date Bridgewater N,President , Tobias Hallock,PE Date City of Kent Project Manager 3.• 253-856-5536 Please return this signed and dated final agreement for acquisition via email Thallock@kentwa.gov or fax 253.856.6500 by 5PM March 25,2015. Enclosures: Quit Claim Deed State Excise Affidavit River Protection Easement Utility Easement Temporary Construction Permit ' Gravel Trench Details A a a w Ili R � D i i � r f I 1 � I i i i