HomeMy WebLinkAboutPayment and Release Agreement with Bill Walker for 1016 NW 13th AvePAYMENT AND RELEASE AGREEMENT: 1016 NW 13th AVENUE
This PAYMENT AND RELEASE AGREEMENT: 1016 NW 13th AVENUE is made this
day of April, 2015, by and between the City of Meridian, a municipal corporation organized
under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho
(hereinafter "City"), and Bill Walker, whose address is 1016 NW 13th Avenue, Meridian, Idaho
(hereinafter "User") (collectively, "Parties").
WHEREAS, User is the owner of parcel number R7052110215, located 1016 NW 13th
Avenue, Meridian, Idaho, in Ada County, Idaho (hereinafter "Property");
WHEREAS, until November 2013, the residence at Property was connected to the public water
system, but was not connected to the public sewer system, and instead remained connected to a private
septic system;
WHEREAS, due to a clerical error, User paid City for sewer services in the stipulated amount
of one thousand six hundred and thirty dollars ($1,630), and the Parties agreed to apply such amount to
the fee to connect the residence at Property to the City sewer system, and the City agreed to waive the
remainder of the fee;
WHEREAS, in November 2013, the residence at Property was connected to the City sewer
system and the septic system was disconnected from the residence; and
WHEREAS, the City has determined that it is in the best interest of the Parties to reimburse
User for costs related to connection of the residence at Property to the public sewer system, in the
stipulated amount of nine hundred dollars ($900.00);
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants
herein contained, and in consideration of the recitals above, which are incorporated herein, the Parties
agree as follows:
I. RELEASE. In consideration of City's waiver of sewer assessment fees and payment of nine hundred
dollars ($900.00), the agreed-upon amount of confirmed cost of materials and equipment needed to
disconnect the septic system and connect the residence at Property to the City sewer system, User
hereby releases City from liability for any and all rights, causes of action, claims, lawsuits, damages
of any nature, both known and unknown, both now and in the future, that have or may have arisen,
that will arise and/or that are related in any way to the connection of the residence at Property to the
City sewer system including, without limitation, any claim to overpayment for City sewer services
or payment for services not received. This Agreement discharges City from any and all claims and
lawsuits whatsoever that User has brought, could have brought, or could bring against City in the
future. User fully understands and agrees that this Agreement is a full, final and complete release
and discharge of any and all claims of any nature which User may have against City. User shall
continue to be solely responsible for any and all costs related to operation and maintenance of all
portions and functions of the sewer system between the City sewer main and the residence served
by the City sewer main.
AGREEMENT FOR REIMBURSEMENT OF COSTS TO CONNECT TO PUBLIC SEWER SYSTEM PAGE 1 OF 2
II. INDEMNIFICATION. User shall, and hereby does, indemnify, save, and hold harmless the City and
t.,
any and all of its employees, agents, volunteers, and/or elected officials from any and all losses,
claims, and judgments for damages or injury to persons or property, and from any and all losses and
expenses caused or incurred by User, its agents, employees, guests, and/or business invitees, in
connection with this Agreement or activities related thereto. User acknowledges that acceptance of
the offer described in this Agreement presents risks, some of which are unknown, and do agree to
assume all such known or unknown risks. Except as to rights held under the terms of this
Agreement, User shall, and hereby does, waive any and all claims and recourse against City,
including the right of contribution for loss and damage to persons or property arising from, growing
out of, or in any way connected with or incident the performance of this Agreement, whether such
loss or damage may be attributable to known or unknown conditions, except for liability arising out
of concurrent or sole negligence of City or its officers, agents, or employees.
III. PAYMENT. Within thirty (30) days of execution of this Agreement and receipt of User's completed
W-9 form, City shall send User a check via U.S. Mail addressed to: Bill Walker, 1016 NW 13th
Avenue, Meridian, Idaho, 83642.
IV. FINAL AGREEMENT. This Agreement sets forth all promises, inducements, agreements, conditions,
and understandings between City and Users relative to the subject matter hereof, and there are no
promises, agreements, conditions, or understandings, either oral or written, express or implied,
between City and Users, other than as are stated herein. Except as otherwise specifically provided
herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be
binding upon the Parties unless set forth in writing and duly executed by both Parties or their
successors in interest.
V. ADVICE OF ATTORNEY. Each parry warrants and represents that in executing this Agreement, it has
received independent legal and financial advice from its attorney and/or financial advisor, or has
had adequate opportunity to seek such advice.
VI. APPROVAL REQUIRED: This Agreement shall not become effective or binding until approved by
the City Council of the City of Meridian.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this cl' A
day of April, 2015.
Lml",
Bill Walke
CITY OF MERIDIAN:
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Tammy
Mayor
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A,� / Az,-a�ayce . Holman, City Clerk
AGREEMENT FOR REIMBURSEMENT OF COSTS TO CONNECT TO PUBLIC SEWER SYSTEM PAGE 2 OF 2