HomeMy WebLinkAboutThomas Kidwell Release and Settlement AgreementRELEASE AND SETTLEMENT AGREEMENT
THIS RELEASE AND SETTLEMENT AGREEMENT is entered into this /�l day
of :YU VL C , 2014, between Thomas Kidwell, dba Farm 2005, LLC ( "Kidwell ")
and the City of Pasco, Washington ( "City ").
WHEREAS, Kidwell 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, Kidwell 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 Kidwell the sum of Sixty -Two Thousand Six Hundred
Ninety Nine Dollars and Ninety -Five Cents ($62,699.95), receipt of which is hereby
acknowledged, as full and final payment of any and all claims that may be asserted by Kidwell
arising out of the development of its property, more particularly described in Exhibit A.
2. Kidwell, 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
David Swisher and/or Emerald Resources LLC, or their successors in interest.
3. This Agreement is contingent upon the execution by David Swisher and Emerald
Resources 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 term 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 term.
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 1L-1- day of 7 (y 2014.
FARM 2005, LLC
Cheryl f3erg, Member
Tommy Kidwell, Member
Leland B. Kerr, City Attorney
Release and Settlement Agreement — Thomas Kidwell, dba Farm 2005, LLC and City of Pasco
Page 2
STATE OF WASHINGTON )
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County of Franklin
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
purposQsAierein mentioned.
my hand and official seal thisito day of
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STATE OF WASHINGTON )
County of �NO v j ss
Residing at K12 T�
My Commission Expires
2014.
On this day personally appeared before me Cheryl Berg, 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.
Gi, 1�i ftiflbltt}ty hand and official seal this L day f i t 1ne 2014.
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a ' N 0 TP,, r? = Notary Public in and the State of Washington
* : P� 6 : * e Residing at
My Commission Expires 4 9-
STATE
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County of )"KA ti k L I.,./
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On this day personally appeared before me Tommy Kidwell, 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
Residing at 'j�j_
My Commission
i
JA N E 2014.
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Release and Settlement Agreement — Thomas Kidwell, dba Farm 2005, LLC and City of Pasco
Page 3
Exhibit A
Farm 2005 LLC
(Kidwell)
That portion of the East -half of the North -half of the Northeast quarter of Section 10, Township
9 North, Range 29 East, Willamette Meridian, records of Franklin County, Washington,
described as follows:
Beginning at a 3" Brass Cap in concrete marking the Southeast corner of the
Northeast quarter of said Section 10;
Thence North 00 °33'10" West along the East line of the Northeast quarter of said
Section 10 for a distance of 1335.28 feet to the Southeast corner of the North -half
of the Northeast quarter of said section 10, said point being the TRUE POINT
OF BEGINNING;
Thence continuing North 00'33'10" West, 1335.28 feet to the Northeast corner of
the Northeast quarter of said Section 10;
Thence leaving the East line of the Northeast quarter of said Section 10, South
88 °11'13" West along the North line of the Northeast quarter of said Section 10
for a distance of 1301.93 feet:
Thence leaving the North line of the Northeast quarter of said Section 10, South
00 °36'54" East, 1340.76 feet to the South line of the North -half of the Northeast
quarter of said Section 10;
Thence North 87 °56'40" East along the South line of the North -half of the
Northeast quarter of said Section 10 for a distance of 1300.60 feet to the TRUE
POING OF BEGINNING.