HomeMy WebLinkAboutDavid Swisher dba Emerald Resources LLC Release and Settlement AgreementRELEASE AND SETTLEMENT AGREEMENT
THIS RELEASE AND SETTLEMENT AGREEMENT is entered into this / I day
of , 2014, between David Swisher, dba Emerald Resources, LLC
( "Swisher ") a d the City of Pasco, Washington ( "City ").
WHEREAS, Swisher was required by the City, as a condition for permitting of the
development of certain real property located in the City of Pasco, more particularly described in
Exhibit A attached hereto, to install certain public street and utility infrastructure in Road 52
north of Sandifur Blvd; and
WHEREAS, Swisher has asserted a claim against the City for reimbursement of a
portion of the costs of the street and utility infrastructure on the basis that a portion of the
infrastructure will serve other unaffiliated real property; and
WHEREAS, the City has agreed to pay for the additional material cost associated with
certain oversizing of utility pipes but not for roadway improvements; and
WHEREAS, the parties desire to resolve this dispute without the need for litigation;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is
agreed as follows:
1. The City shall pay to Swisher the sum of Thirty Thousand One Hundred Sixty
Dollars and Sixty -Two Cents ($30,160.62), receipt of which is hereby acknowledged, as full and
final payment of any and all claims that may be asserted by Swisher arising out of the
development of its property, more particularly described in Exhibit A.
2. Swisher, on behalf of itself, its agents, members, assigns, and successors in
interest, releases and discharges the City and the City's officers, employees, representatives,
agents, and assigns from any and all claims, liabilities, causes of action, damages, losses,
demands or obligations, including but not limited to attorney fees and costs, of every kind and
nature, related to, based upon, or in whole or part, arising out of the development of its property
more particularly described in Exhibit A; accepts as full and final satisfaction of any and all such
claims, the amount designated in Section 1 above; and further agrees to defend, indemnify and
hold harmless the City from any claim arising out of such development as may be asserted by
Thomas Kidwell and/or Farm 2005, LLC, or their successors in interest.
3. This Agreement is contingent upon the execution by Thomas Kidwell and Farm
2005, LLC of a Release and Settlement Agreement in substantially the same form regarding the
obligation for street and utility infrastructure installation in Road 52 North.
4. By entering into this Agreement, both parties express they acknowledge that there
are no admissions of liability on behalf of either party and that this Agreement is the result of a
negotiated compromise and settlement.
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5. Each signatory hereto represents and warrants that all necessary signatures and
consents to enter into this Agreement, and to assume and perform the obligations hereunder,
have been obtained.
6. Each tern and provision of this Agreement, and the contingent agreement
required hereunder, is deemed to have been explicitly negotiated at arm's length between the
parties and in all cases, shall be construed and interpreted according to the fair meaning and not
strictly for or against either party, without reference to who might have drafted the tern.
7. This Agreement embraces and includes the entire agreement between the parties and
may not be changed except in writing signed by all parties.
THIS IS A RELEASE.
DATED this / / day of 2014.
EMERALD RESOURCES, LLCI CITY QF PASQO, WASH (
David Swisher, Member Gary ru d Manager
Approv to Form:
Leland B. Kerr, City Attorney
Release and Settlement Agreement — David Swisher, dba Emerald Resources, LLC and City of Pasco
Page 2
STATE OF WA£He#6T'9N) ja w
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County of Frri )
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On this day personally appeared before me GARY CRUTCHFIELD, City Manager of the
City of Pasco, Washington, described in and who executed the within and foregoing instrument,
and acknowledged that he signed the same as his free and voluntary act and deed for the uses and
purposes therein mentioned.
GIVEN under my hand and official seal this LC; day of
Notary Public in and for I
Residing at S3-r-1..4
My Commission Expires
a OFFICIAL SEAL
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OMMISS ONNEXPIRES AUG ST 30 2015
STATE OF v'rrr9Tiii:'fiT61`;!'j
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County of'\i2SC�,��� )
2014.
ashington
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On this day personally appeared before me David Swisher, described in and who
executed the within and foregoing instrument, and acknowledged that he /she signed the same as
his/her free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this L day of D T, 2014.
Notary Public�'j and fo the State of Washington
Residing at '�9 ✓1(Y
My Commission Expires —�
Release and Settlement Agreement— David Swisher, dba Emerald Resources, LLC and City of Pasco
Page 3
Exhibit A
EMERALD PROPERTIES LLC
(Swisher)
(Northwest Commons)
The West half of the Northeast quarter, Except the South 1296.49 feet thereof, and the East half
of the Northwest quarter, Section 11, Township 9 North, Range 29 East, W.M., Franklin County,
Washington and the West half of the Northwest quarter of Section 11, Township 9 North, Range
29 East, W.M., Franklin County, Washington.
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The North half of the Northwest quarter of the Southeast quarter, and the South 1296.49 feet of
the West half of the Northeast quarter, all in Section 11, Township 9 North, Range 29 East,
W.M., Franklin County, Washington.