HomeMy WebLinkAboutCAG2021-180 - Amendment - #1 - Roger Pfluger & Kelly Jacobs-Pfluger - Summit-Landsburg Culvert Replacement Project Settlement Agreement - 03/09/2023 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form DirAsst:
• For Approvals,Signatures and Records Management Dir/Dep:
KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional)
WASHINGTON Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Cheryl Rolcik-Wilcox Public Works
Date Sent: Date Required:
c 03/03/2023 3/10/2023
QAuthorized to Sign: Date of Council Approval:
Q �✓ Mayor or Designee N/A
Budget Account Number: Grant? Yes No�✓
Budget? Yes Type: N/A
Vendor Name: Category:
Roger Pfluger and Kelley Jacobs-Pfluger Contract
Vendor Number: Sub-Category:
Amendment
0
w Project Name: Summit-Landsburg Culver Replacement
cProject Details: Amendment to Settlement Agreement regarding reinstallation of
fencing
40
c
(11.111 Agreement Amount: 7,630.80
Basis for Selection of Contractor:
E *Memo to Mayor must be attached
i Start Date: Termination Date:
a Local Business? Yes F]No*if meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace.
Business License Verification: ❑Yes In-Process F1 Exempt(KCC 5.01.045) FlAuthorized Signer Verified
Notice required prior to disclosure? Contract Number:
Yes ✓❑No CAG2021-180
Comments:
aMayor Ralph-Please sign on page 2 of the agreement. Thank you! N Cheryl
0
� c
a,
a
Date Received:City Attorney: 3/3/23 Date Routed:Mayor's Office 3/6/23 ty Clerk's Office
adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
FIRST AMENDMENT TO SETTLEMENT AGREEMENT
Summit-Landsburg Road Culvert Replacement Project
City of Kent Project Number: 13-3007.5
Owner: Roger Pfluger and Kelley Jacobs-Pfluger
King County Tax Parcel Number: 262206-9021
Address: 24610 SE Summit-Landsburg Rd, Ravensdale, WA
This First Amendment to Settlement Agreement ("First Amendment") is between
the City of Kent, a Washington municipal corporation ("City") and Roger Pfluger and
Kelley Jacobs-Pfluger (collectively "the Pflugers"), and amends the original
Settlement Agreement dated April 5, 2021.
Background
A. The City and the Pflugers entered into an agreement dated April 5, 2021
("Settlement Agreement") as full settlement of claims for just compensation
related to the City's Summit-Landsburg Road Culvert Replacement Project
("Project"). Under the terms of the Settlement Agreement, the City paid the
Pflugers $1,500.00 as compensation to reinstall the fence removed for the
duration of the Project.
B. During construction of the Project, it was determined that additional fencing
needed to be removed, and the Pflugers obtained a new estimate of $9,130.80
for the reinstallation of the fence. For this reason, the parties desire to amend
the Settlement Agreement to provide additional compensation. Because the
City has already paid $1,500.00 under the Settlement Agreement, the
remaining amount of $7,630.80 will be paid under this First Amendment.
C. The purpose of this First Amendment is to fully and finally settle all claims for
just compensation related to the Project.
Now, therefore, the parties agree as follows:
Agreement
1. Payment. Subsection 3.2 is modified as follows:
3.2 The City will ,pay the Pflugers the total amount of ,
theusand five hundred dell9 130.80 nine thousand one hundred thirt
dollars and eighty cents) as full compensation for the reinstallation of the fence
after construction of the Project is complete. The City has already paid the
Pflugers First Amendment to Settlement Agreement - Page 1 of 2
Pfluaers $1,500.00. The remaining amount of $7,630 80 will be paid no later
than 20 business days after the Effective Date of this First Amendment
2. Ratification. All acts consistent with the authority of this First Amendment and
prior to its effective date are ratified and affirmed and the terms of the
Settlement Agreement and this Amendment will be deemed to have applied.
3. Remaining Provisions. Except as specifically amended by this First
Amendment, all remaining provisions of the Agreement shall remain in full
force and effect.
4. Effective Date. This First Amendment shall become effective upon the last day
executed below.
5. Counterparts. This First Amendment may be executed in counterparts, each
of which will be deemed an original.
The parties whose names appear below swear and affirm that they are authorized
to enter into this First Amendment, which is binding on the parties of the
Agreement.
CITY OF KENT
By: Tuna Ralnh By:/Roger kkaer
Title: Mayor Date: 3 ZC2 -
Date: 03/09/2023 ,
A, ,
By: 'Kellg'y`;,7acobs=Pfluger
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Date: ��-� F �.,� �� ;
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Pflugers First Amendment to Settlement Agreement - Page 2 of 2