HomeMy WebLinkAboutCAG2001-0550 - Original - Kent School District - Settlement Agreement and Release of All Claims - 02/05/2001 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
THIS SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
("Agreement'), is entered into between the CITY OF KENT, a municipal corporation
("City"), and KENT SCHOOL DISTRICT NO. 415, a municipal corporation, ("District").
WHEREAS, on or about November 9, 1998,the City and the District met to discuss
permitting issues relating to the Millennium Project ("Project"); and
WHEREAS, on or about March 17 and March 18, 1999, the City accepted the
District's applications for Phase I,Phase II, and Phase III of the Project; and
WHEREAS, because of the additional time needed to approve the Phase III permit
(approved on December 12, 1999), the traffic light and street development portions of the
Project were separated into another phase, Phase IV; and
WHEREAS,because the Project had to be open for use for the first day of school in
2000, the District incurred additional costs because its contractor accelerated the work and
because the District needed to hire an additional contractor for Phase N of the Project; and
WHEREAS, the District has asserted that the City is responsible for a part of the
additional costs it incurred because of permitting delays; and
WHEREAS, the City has agreed to pay a portion of the District's Phase W Project
costs, to release the District from certain development conditions, and to assume certain
interim utility maintenance obligations in exchange for the District's release of all claims it
may have against the City;
NOW THEREFORE, the City and District agree as follows:
RELEASE OF CLAIMS
FOR AND IN CONSIDERATION of the City's fulfillment• of the following
conditions, the District releases and forever discharges the City from all claims, demands,
damages or causes of action arising from or connected with the City's processing, issuance,
or inspection on all project permits:
A. The City shall take over the pumping of the sewage holding tank from the
date of execution of this Agreement until such time as the septic system is
connected to the City's sewer system.
B. The City shall remove as a condition of the permits the requirement that the
District install, at its own cost and expense, a future traffic light at the
intersection of 120 Avenue SE and SE 272°d Street in the City of Kent,
Washington.
SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS- 1
C. The City shall pay to the District the sum of FIFTY THOUSAND AND
NO/100 DOLLARS ($50,000.00) for the District's Phase IV contract with
R.W. Scott for street work and construction of the traffic signal at the
intersection of SE 27CO and 124t' SE in the City of Kent, Washington.
IT IS UNDERSTOOD THAT THIS IS A FULL AND FINAL RELEASE by the
District and a full compromise and settlement of any and all claims of every nature and kind,
known or unknown, suspected or unsuspected, involving the City's processing, issuance or
inspection of the Project permits. It is further agreed that this is not an admission of liability
on the part of the settling parties,but rather a compromise, the express purpose of which is
to preclude any additional claims and to avoid the uncertainties of claim disputes and
litigation. This Agreement is contractual in nature. This Agreement embodies the entire
agreement and understanding between the City and the District with respect to the subject
matter of this Agreement and may be modified only by a written instrument signed by the
City and District.
THIS RELEASE is being executed after having had an opportunity to consult with
an attorney. Each of the undersigned represents and states that he or she has carefully read
and is authorized to execute this Release, and that this Release is signed as that person or
entity's free act and deed. This Release will take effect on the last date entered below.
CITY: DISTRICT:
CITY OF KENT KENT SCHOOL DISTRICT NO. 415
9
Al--
By: By: a2dd& er/ ,
im White, Mayor Print Name: 3a r b a r� 6i i-o h
Title:
Date: Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
/1.By: / �- W By:
Tom Brubaker, Print Name:
Kent Deputy City Attorney Attorney for Kent School Dist.No.415
-Notary Acknowledgements Appear on Following Page-
SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS-2
02/05/01 MON 13:12 FAX 253 852 2030 Curran Mendoza 16002
TAN-31-2001 16:27 KENT CITY ATTY 253 8% 6770 P.04i0S
C. The City shall pay to the District the sum of FIFTY THOUSAND AND
NO1100 DOLLARS ($50,000.00) for the District's Phase IV contract with
R.W. Scott for street work and construction of the traffic signal at the
intersection of SE 270"' and 120 SE in the City of Kent, Washington.
1T IS UNDERSTOOD THAT THIS IS A FULL AND FINAL RELEASE by the
District and a full compromise and settlaraent of any and all claims of every nature and kind,
known or unknown,suspected or unsuspected, involving the City's processing,issuance or
inspection of the Prcj=permits. It is further agreed that this is not an admission of liability
on the part of the settling parties,but rather a compromise,the express purpose of which is
to preclude any additional claims and to avoid the uncertainties of claim disputes and
litigation. This Agreement is contractual in nature. This Agreement embodies the entire
agreement mad understanding between the City and the District with respect to the subject
matter of this Agreement and may be modificd only by a written instrument signed by the
City and District
THIS RELEASE is being executed after having had an opportunity to consult with
an attorney, Each of the undersigned represents and states that he or she has carefully read
and is authorized to execute this Release, and that this Release is signed as that person or
entity's free act and deed. This Release will take effect on the last date entered below.
CITY. DISTRICT:
CITY OF KENT KENT SCHOOL DISTRICT NO. 415
Br By:
im White,Mayor Print Name,-
Title;
Data:_ Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
By. go� By:
Tom Brubaker., Print ame: kcff
Rent Deputy City Attorney Attorney for Kent School Dist No.415
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3ETTLEMENr AGRMIENT AND RELEASE OF ALL CLAM.2
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that
�i o,r6v rA cl-ruti,2-- 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 Kent School District No. 415 as its
d e,.-f' , 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 This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
of
. .aL
Rr WAR e- L C, V1
c NOTARY PUBLIC,in and for the State�
..
of Washington,residing at ak)&68*.,, ay, n -
r A 5 N�.•' My appointment expires /d -2 9 - 0 1
STATE OF WASHINGTON )
: ss.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that Jim White 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
Mayor, 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 This Box-
IN WITNESS WHEREOF,I have hereunto set my hand and official seal the
day and year first above written.
.� .
• s• ���I CE
? a
NOTARY PUBLIC, in and for the State
�i�•. �M.i � of Washington,residing
os WASNN+.•' My appointment expires - -D
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SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS-3