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HomeMy WebLinkAboutCAG20020416 - Original - Donna E. Young - Release of Claims - 07/25/2002 RELEASE OF CLAIMS The undersigned,Donna E.Young("Young"),for her administrators,successors,heirs,and assigns,for and in consideration of payment in the amount of FIVE THOUSAND AND NO/100 DOLLARS($5,000.00),and the City's payment of Young's Assessment No.000700 under LID 350,which principle and interest is estimated at TEN THOUSAND THREE HUNDRED EIGHTY-FOUR AND 58/100 DOLLARS($10,384.58),the receipt of which is hereby acknowledged, does hereby release, acquit, and forever discharge the City of Kent, and its contractors,subcontractors,agents,employees,officers,servants,successors,heirs,executors,administrators and all other persons,firms,corporations,associations or partnerships("City")of and from any and all claims,actions, expenses and compensation, which the undersigned now has or may have, known or unknown, on account of actions of the City involving any and all allegations or acts arising out of the City's construction of the East Hill Sewer Interceptor project only,which claims shall include,but are not linuted to,claims for any damage which may have occurred to Young's property during such construction and any claim resulting from the restoration,or lack thereof,of the property after such construction was complete,injury or damage to business expectations and loss of business income,and the formation and implementation of LID 350. This release does not apply to any damages that may result from the City's operation, maintenance or repair, of the East Hill Sewer Interceptor project,if those damages occur after the date of this Release. By its signature below,the City acknowledges and affirms its obligation to make to Young a one-time FIVE THOUSAND AND NO/100 DOLLARS($5,000)payment and to pay LID Assessment No.000700 assessed under LID 350 against the property located at 12524 SE 270t'Street located in Kent,Washington,which principle and interest is estimated at TEN THOUSAND THREE HUNDRED EIGHTY-FOUR AND 58/100 DOLLARS ($10,384.58). The City's payment of LID 350 Assessment No. 000700 now and forever fulfills any assessment obligation for LID 350 against Young's property upon her execution of this Release.This payment,however,will not apply to any future LID which may be formed or any past LID which remains outstanding. The City will file a Notice of LID Assessment Payment with the King County Auditor and will provide a copy of said Notice to Young at the time of signing. The City will forward to Young a recorded copy of the Notice when it is received back from King County. The City will provide Young with the full $5,000 payment at the time this Release is executed. It is agreed that this settlement is a compromise of disputed claims,and that the promises and payments herein are not to be construed as an admission of liability on the part of either party. This Release contains the entire agreement between the parties and the terms of this Release are contractual and not a mere recital. BY SIGNING BELOW,I SWEAR,UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON,THAT I HAVE READ THE FOREGOING RELEASE AND FULLY UNDERSTAND IT,THAT I HAVE HAD AN OPPORTUNITY TO CONSULT WITH AN ATTORNEY, AND THAT I FULLY AND COMPLETELY RELEASE THE CITY FROM ANY AND ALL CLAIMS ACCORDING TO THE TERMSABOVE. Signed,sealed,and delivered this_9a day of July,2002. DO YOUNG Donna Young CITY By: ,y Tom Brubaker,City Attorney RELEASE OF CLAIMS- 1 of 2 STATE OF WASHINGTON ) )ss. COUNTY OF KING ) On this07 day of July, 2002, before me a Notary Public in and for the State of Washington, personally appeared Donna Young, personally known to me(or proved to me on the basis of satisfactory evidence)to be the person who executed this instrument and acknowledged it to be her free and voluntary act and deed for the uses and purposes mentioned in this instrument. -Notary Seal Must Appear Within Thcs Box- Pf 7Nft#�V► IEREOF,I hav ereunt set my hand and official seal the day and year fiat alesw. o AR �NOT •= '�i 'v Y m co NOTARY PUBLIC, in and for the State %y•'• 6; A of Washington, residing at My appointment expires %\ WAS1N STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Tom Brubaker is the person who appeared before me,and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the City of Kent as its City Attorney,and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within Thu Box- __ .�•.►• I Il� "P,EOF,I have eun set my hand and official seal the day and year�rsKL4• j •U pft_, Y MCo tc 1It�'9j�••��g_pA•,.••' NOTA UBLIC, in and for the State WA3NI�":= of Washington, residing at My appointment expires P\Ci"IT-ES\OpenFilm\0662\Young-Release doc RELEASE OF CLAIMS-2 of 2