HomeMy WebLinkAbout12-10-2013 Settlement and Mutual Release Agreement Bittercreek HOASETTLEMENT AND MUTUAL RELEASE AGREEMENT
This Settlement and Mutual Release Agreement ("Agreement") is made as of the last date
written below the signatures of the parties ("Effective Date") by and between Bittercreek Meadows
Subdivision Homeowners Association, Inc. ("HOA"), Tim Kelly ("Kelly"), and the City of Meridian
("City").
).
1. BACKGROUND. The HOA and Kelly commenced an action in the District Court for the Fourth
Judicial District of the State of Idaho, in and for the County of Ada, case number CV -OC -12-05319 (the
"Lawsuit") against JLJ Enterprises, Inc. ("JLJ"), Bittercreek Meadows Water & Sewer Users
Association, Inc. (`BWSA"), James L. Jewett ("Jewett"), Renascence Properties, LLC ("Renascence"),
and the City. The HOA and Kelly (collectively "Plaintiffs") desire to compromise and settle the Lawsuit,
as between Plaintiffs and the City, to settle any and all claims and disputes existing between Plaintiffs and
the City and to mutually release each other, all according to the provisions of this Agreement.
2. SEWER CONNECTION. The City, at the City's sole cost and expense, shall connect lots 1, 2,
3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26, Block 1 of the Bittercreek
Meadows Subdivision, according to the official plat thereof recorded on the 26th day of May, 2006, in
Book 95 of Plats at pages 11674 through 11677, as instrument No. 106083883, records of Ada County,
Idaho, as amended by Amended Plat of Bittercreek Meadows Subdivision, recorded on June 27, 2006 in
Book 95 of Plats at pages 11732 through 11735, as Instrument No. 106102994, records of Ada County,
Idaho (collectively the "Lots"), to municipal sewer service provided by the City of Kuna so that after
connection, waste water effluent from the Lots flows to Kuna's waste water treatment plant without
further treatment, cost (other than the typical monthly service fee charged by the City of Kuna to other
residential dwellings within Kuna city limits), testing, or construction by the HOA and/or the members of
the HOA and the members of the HOA can receive sewer service from the City of Kuna by agreeing to
pay the typical monthly service fee charged by the City of Kuna to other residential dwellings within
Kuna city limits. The date when the City has completed connecting the Lots to municipal sewer service
provided by the City of Kuna and the members of the HOA can receive sewer service from the City of
Kuna by agreeing to pay the typical monthly service fee charged by the City of Kuna to other residential
dwellings within Kuna city limits is herein referred to as the "Connection Date". Connection to
municipal sewer service provided by the City of Kuna includes, but is not limited to, payment of all
connection fees, conveyance fees and other charges for connection, all construction work necessary to
connect the Lots to Kuna's waste water treatment plant and the restoration and repair of all improvements
within the Bittercreek Meadows Subdivision disturbed by such construction. In no event shall the HOA
and/or the members of the HOA be required to consent to annexation by the City of Kuna and the refusal
of the HOA and/or the members of the HOA to annex into the City of Kuna shall not relieve the City
from its obligations set forth in this Section. The HOA agrees that the City may, but is not obligated to,
provide the sewer services to the Lots as set forth in this Section provided such sewer service is on the
same terms and conditions as required to be provided by the City of Kuna.
3. SEWER MAINTENANCE AND OPERATION. From and after the Effective Date until the
date the City of Kuna agrees to assume the operation, maintenance, repair, and replacement of the Sewer
Lines (as hereafter defined), the City, at the City's sole cost and expense and without reimbursement from
the HOA or the members of the HOA, agrees to operate, maintain, repair, and replace the Sewer System
(as hereafter defined) in accordance with applicable law. For purposes of this Agreement, the "Sewer
Lines" mean all sewer lines serving the Lots except the portion of the sewer line within a Lot providing
service just to that Lot. By way of example, within Lot 2 there is a sewer line serving both Lot 1 and Lot
2. The portion of the sewer line serving both Lot 1 and Lot 2 is a Sewer Line but the portion of the sewer
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line serving just Lot 1 or just Lot 2 is not a Sewer Line. For purposes of this Agreement, the "Sewer
System" means all Sewer Lines, the sewer lagoon pond to which the Sewer Lines connect, the sewer
lagoon pond liner, the fencing surrounding the sewer lagoon pond and all other appurtenances to the
Sewer Lines and/or sewer lagoon pond to which the Sewer Lines connect.
4. TITLE TO BWSA ASSETS. The City hereby quit claims to HOA any right, title or interest the
City may have to any and all assets of the BWSA including, but not limited to, Lot 7, Block 1 of the Plat
of Bittercreek Meadows Subdivision, the well located on Lot 7, all equipment associated with the well,
and water right Permit No. 63-31957.
5. ANNUAL INSPECTION OF BIOMICROBIC UNITS. From and after the Effective Date
until the Connection Date, the City, at the City's sole cost and expense, agrees to pay for the annual
inspection of each biomicrobic unit located on the Lots as required by applicable law. The City shall pay
for such inspections directly to Idaho Residential Wastewater Treatment Services, Inc. on behalf of each
Lot owner beginning the July 2014 -June 2015 billing year. In the event the City receives any
correspondence from Idaho Residential Wastewater Treatment Services, Inc. directed to the Lot owners
other than billing, the City shall forward these to the HOA address identified in Paragraph 17 of this
Agreement.
6. LICENSE. The HOA hereby conveys to the City a license to enter upon all lots within the
Bittercreek Meadows Subdivision to perform the obligations of the City undertaken in this Agreement.
The license will remain in effect for so long as the City has obligations under this Agreement.
7. ATTORNEY FEES. The City agrees the HOA. and Kelly are entitled to reasonable attorney fees
and costs as the prevailing party pursuant to the Water and Sewer Agreement (as defined in Section 10) in
an amount to be fixed by the Court pursuant to Idaho Rule o€.Civil Procedure 54. The City, HOA and
Kelly have been unable to reach agreement on the amount of attorney fees and costs due the HOA and
Kelly. Therefore, the City, HOA and Kelly agree to submit the matter to the court as part of the
resolution of the Lawsuit. The parties to this Agreement specifically authorize and hereby direct their
respective counsel to promptly after the Effective Date file with the court such motions, memoranda in
support or opposition of such motions and supporting affidavits and pleadings and request the court to
determine the amount of attorney fees and costs the HOA and Kelly are entitled to as the prevailing party.
8. PAYMENT OF UP TO $28,856.23. Providing the City receives adequate income from
assessments to require such payment, JLJ could be owed the sum of up to $28,856.23 from the City
pursuant to the terms of that certain Cooperative Construction and Reimbursement Agreement 12 -Inch
Water Main from the Intersection of Overland and Linder Roads West Approximately 5000 Feet dated
March 12, 2009 (the "Reimbursement Agreement"). JLJ has assigned such amount to the HOA and the
City hereby consents to the assignment, and will hereafter consent to the assignment of this
Reimbursement Agreement from the HOA back to JLJ at any point in the future while the Reimbursement
Agreement remains valid. The City agrees to pay the HOA the sum of up to $28,856.23 as it collects
assessment fees from the South Ridge Subdivision in accordance with the Reimbursement Agreement.
Such amounts shall be paid to Hawley Troxell and delivered to 877 Main St., Suite 1000, Boise, ID
83702, attention Timothy W. Tyree. The City agrees not to offset any amounts otherwise due the City
from JLJ or otherwise raise any defense to the payment of up to $28,856.23 other than the lack of receipt
of assessment fees from the South Ridge Subdivision or the expiration of term of the Reimbursement
Agreement. The City agrees to extend the term of the Reimbursement Agreement until March 11, 2019.
9. SETTLEMENT WITH HOMEOWNERS. HOA and Kelly agree to seek the approval and
execution by all members of the HOA to the Mutual Release Agreement attached hereto as Exhibit A.
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This Agreement is contingent on at least three-fourths of the members executing the Mutual Release
Agreement. The City agrees to execute the Mutual Release Agreement attached hereto as Exhibit A.
10. TERMINATION OF SEWER AND WATER AGREEMENT. The Amended Bittercreek
Meadows Agreement for Sewer and Water Service between the City, JLJ, Bittercreek, LLC and HOA, as
amended by the Second Amended Bittercreek Meadows Agreement for Sewer and Water Service
(collectively the "Water and Sewer Agreement") is hereby terminated as between HOA and the City,
and shall no longer be of any force or effect.
11. PLAINTIFF'S REPRESENTATIONS AND WARRANTIES. Plaintiffs represent and warrant
to the City as follows:
(a) Authority. HOA is a corporation duly formed and validly existing under the laws of the
state of Idaho. Any individuals entering into this Agreement on behalf of HOA have authority to bind
HOA. Entering into this Agreement and consummation of the transactions contemplated hereby have
been duly authorized by all necessary corporate action and do not violate HOA's articles of incorporation,
bylaws or any agreement to which HOA is a party.
(b) Transfer. Plaintiffs, individually and collectively, have not assigned or transferred any
of its rights, claims or demands of whatsoever kind against the City related to or arising out of the
Lawsuit to any other person or entity.
(c) Independent Review. Plaintiffs have been advised to consult counsel of their choice,
that at the time of the execution of this Agreement, each was represented by counsel of his/its choice and
has consulted with or had the opportunity to consult with his/its counsel and has been fully advised
concerning the scope and binding, legal effect of this Agreement, the amounts of settlement, and all of the
terms, conditions, covenants and other provisions of this Agreement and the fact that this is a legal and
enforceable agreement. Plaintiffs acknowledge that they have relied entirely on their own counsel and
their own knowledge and assessment of the Lawsuit and of all other circumstances in making this
Agreement. Each person subscribing his signature hereto represents that he has personally read and
understood all of the terms and provisions of this Agreement in its entirety and that he is authorized to
enter into this Agreement on his personal behalf and on behalf of any entity on whose behalf he executes
it.
12. THE CITY'S REPRESENTATIONS AND WARRANTIES. The City represents and
warrants to Plaintiffs as follows:
(a) Authority. The City is a municipal corporation duly formed and validly existing under
the laws of the state of Idaho. Any individuals entering into this Agreement on behalf of the City have
authority to bind the City. Entering into this Agreement and consummation of the transactions
contemplated hereby have been duly authorized by all necessary action and do not violate the City's
ordinances or any agreement to which the City is a party.
(b) Transfer. The City has not assigned or transferred any of its rights, claims or demands
of whatsoever kind against Plaintiffs related to or arising out of the Lawsuit to any other person or entity.
(c) Independent Review. The City has been advised to consult counsel of its choice, that at
the time of the execution of this Agreement, the City was represented by counsel of its choice and has
consulted with or had the opportunity to consult with its counsel and has been fully advised concerning
the scope and binding legal effect of this Agreement, the amounts of settlement, and all of the terms,
conditions, covenants and other provisions of this Agreement and the fact that this is a legal and
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enforceable agreement. The City acknowledges that it has relied entirely on its own counsel and its own
knowledge and assessment of the Lawsuit and of all other circumstances in making this Agreement. Each
person subscribing his/her signature hereto represents that he/she has personally read and understood all
of the terms and provisions of this Agreement in its entirety and that he/she is authorized to enter into this
Agreement on on behalf of any entity on whose behalf he/she executes it.
13. MUTUAL RELEASE. Except for performance of this Agreement, Plaintiffs and the City, on
behalf of themselves and on behalf of their heirs, administrators, executors, personal representatives,
successors and assigns, and on behalf of their past, present and future officers, directors, employees,
agents, legal representatives and attorneys, and insurers, do hereby forever release, remise, discharge, and
acquit the other (Plaintiffs and each of them release the City, and the City releases Plaintiffs and each of
them) and their past, present and future officers, directors, employees, agents, legal representatives and
attorneys, and insurers, of and from any and all, in all manner of, actions, causes of action, claims, suits,
debts, sums of money, covenants, contracts, controversies, agreements, compromises, variances, rights,
damages, losses, costs, legal or other expenses, attorneys' fees, judgments, executions, obligations, claims
and demands of any kind whatsoever, whether vested or contingent, in law or in equity, foreseen or
unforeseen, suggested or unsuggested, known or unknown, now asserted or not asserted, which any of the
opposing parties ever had, shall or may have, as a result of or by reason of or in connection with the
Water and Sewer Agreement, the Revised Nullification Agreement and/or the Lawsuit and/or claims or
potential claims that each of the parties to this Agreement have or may have been obligated to assert
against each other in said Lawsuit.
The parties hereto specifically waive the provisions of any law, whether imposed by statute, regulation or
otherwise, that a general release does or may not extend to claims that the party does not know or suspect
to exist in its favor at the time it gives a release.
14. NO ADMISSION OF LIABILITY. This Agreement made and effected hereby is a compromise
and settlement of the claims by and against the opposing parties hereto, and neither this Agreement, any
payments made pursuant hereto nor any provisions herein shall be construed as an admission of liability
by any party hereto, the same being denied. This Agreement is intended by all parties hereto merely to
avoid further litigation and to buy their peace.
15. DISMISSAL OF LAWSUIT. The parties to this Agreement specifically authorize and hereby
direct their respective counsel to execute a Stipulation and Order of Dismissal with prejudice in the
pending lawsuit referred to above and to file the Stipulation and Order of Dismissal in the court upon the
execution of this Agreement. The parties further agree that, in the event either party claims a breach of
this Agreement following its execution, the following provisions shall apply to any suit brought by the
party claiming a breach of this Agreement:
(a) Presiding Judge. The parties consent and agree to Judge Lynn Norton, District Judge of
the Fourth Judicial District of the State of Idaho, presiding over any action brought by either party for the
breach of this Agreement, and that any such suit shall be filed and heard in the Fourth District Court of
the State of Idaho, in and for the County of Ada.
(b) Scheduling. The Parties hereby agree and consent to the following time limitations
being placed upon any action brought by either party for the breach of this Agreement upon the filing of
any action for such breach:
(i) Upon the filing of such suit, discovery (including, but not limited to,
interrogatories, requests for production, requests for admission, subpoenas, depositions, and discovery
involving expert witnesses) shall be allowed for no more than four (4) months following the filing of the
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answer by the defending party, with all such discovery to be concluded (including responses to written
discovery) by the end of the four month period.
(ii) All dispositive motions (including motions to dismiss and motions for summary
judgment) must be filed and heard no later than sixty (60) days following the conclusion of discovery.
(iii) A trial shall be scheduled so as to begin no later than ten (10) months from the
date the suit is filed with the court.
(iv) No deviation from the time parameters imposed herein shall be allowed except
through the stipulation of the parties or by leave of the court with good cause showing. It is the intent of
the parties by agreeing to these time limitations that any action for a breach of this Agreement be heard
and resolved expeditiously by the court, and that any exception to these time limits should be granted
only for reasons that would cause material prejudice to the requesting party if such exception is not
granted, and that the requesting party has acted in good faith and has not caused or materially contributed
to the situation causing a need for an extension.
16. NO RELEASE OF JLJ, BWSA AND JEWETT. This Agreement shall not compromise, limit
or affect the claims Plaintiffs have against JLJ, BWSA and Jewett and Plaintiffs reserve for themselves
the full and complete rights to pursue the Lawsuit and claim any and all damages and/or remedies against
JLJ, BWSA and Jewett. This Agreement does not release and shall not be construed as a release of JLJ,
BWSA and Jewett.
17. NOTICES. All notices given pursuant to this Agreement shall be in writing and shall be given by
personal service, by United States mail or by United States express mail or other established express
delivery service (such as Federal Express), postage or delivery charge prepaid, return receipt requested,
addressed to the appropriate party at the address set forth below.
City: City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
HOA: Bittercreek Meadows Subdivision Homeowners Association,Inc.
3891 W. Daisy Creek St
Meridian, ID 83642
Kelly: Tim Kelly
3891 W. Daisy Creek St
Meridian, ID 83642
18. ENTIRE AGREEMENT. This Agreement and the exhibits attached hereto constitute the entire
agreement between the parties. No representations, warranties or promises have been made except those
set forth in this Agreement. Any agreement hereafter made shall be ineffective to change, modify or
discharge the Agreement in whole or in part unless such agreement is in writing and signed by all of the
parties hereto.
19. ATTORNEY FEES. In the event of any suit, act or other proceeding arising under the terms of
this Agreement, or in connection with this or any of the provisions of this Agreement, the prevailing party
shall be entitled to an award of and to recover reasonable attorney fees set by the court and not by a jury
and to an award of and to recover other costs incurred in that suit, action or proceeding, in addition to any
other relief to which it may be entitled, including any appeal thereof.
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20. COUNTERPARTS. This Agreement may be executed simultaneously in one or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute one and
the same instrument. Facsimile or electronic transmission of any signed original document shall be the
same as delivery of the original.
21. GOVERNING LAW. This Agreement and the rights and obligations of the parties hereto shall
be controlled, governed, interpreted and construed according to the laws of the State of Idaho in all
respects.
22. HEADINGS AND TITLES. It is understood and agreed that all of the headings and titles, and
all of the subheadings and subtitles, are inserted as a matter of convenience and reference only, and in no
way define, limit, extend or describe the scope or intent of this Agreement.
23. DRAFTING. The undersigned parties acknowledge that they and their respective counsel are
responsible for the drafting of this Agreement.
24. SURVIVAL. The representations, warranties, and covenants set forth in this Agreement shall
survive the closing and shall be deemed to be material and to have been relied upon by all parties.
25. CONTINGENCY. Notwithstanding execution of this Agreement by Plaintiffs, Plaintiffs'
obligations under this Agreement are contingent upon the JLJ, BWSA, Jewett and Renascence, LLC
agreeing to dismiss the Lawsuit on terms and conditions acceptable to Plaintiffs.
[Signature Page(s) Follow]
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Tim Kelly
Date:
Attest:
Deputy City Clerk
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Bittercreek Meadows Subdivision Homeowners
Association, Inc.
LN
Rob McCarvel, President
Date:
City of Meridian:
By:
Tammy de rd, Mayor
Date:
45406.0001.6120430.7
EXHIBIT A
MUTUAL RELEASE AGREEMENT
This Mutual Release Agreement ("Release Agreement") is made by and between the individual
homeowners who execute this Agreement below and the City of Meridian ("City").
1. BACKGROUND. Bittercreek Meadows Subdivision Homeowners Association, Inc. ("HOA")
and Tim Kelly ("Kelly") commenced an action in the District Court for the Fourth Judicial District of the
State of Idaho, in and for the County of Ada, case number CV -OC -12-05319 (the "Lawsuit') against the
City, Renascence Properties, LLC ("Renascence"), JLJ Enterprises, Inc. ("JLJ"), Bittercreek Meadows
Water & Sewer Users Association, Inc. (`BWSA") and James L. Jewett ("Jewett'). The HOA and Kelly
(collectively "Plaintiffs") desire to compromise and settle the Lawsuit, as between Plaintiffs and the City,
to settle any and all claims and disputes existing between Plaintiffs and the City and to mutually release
each other, all according to the provisions of a Settlement and Mutual Release Agreement between
Plaintiffs and the City (the "Settlement Agreement'). The Settlement Agreement is contingent on the
members of the HOA executing this Release Agreement.
2. HOMEOWNERS. Each homeowner listed below is individually referred to as a "Homeowner"
in this Release Agreement and collectively as the "Homeowners". Each Homeowner is independently
entering into this Release Agreement, separate and apart from each and every other Homeowner, as
though each Homeowner signed a separate agreement with the City. The liability of each Homeowner
under this Release Agreement is several and no Homeowner shall be liable for any breach or alleged
breach of this Release Agreement caused by or related to any other Homeowner. Any Homeowner,
acting alone, may enforce the terms of this Release Agreement.
3. HOMEOWNER REPRESENTATIONS AND WARRANTIES. Each Homeowner represents
and warrants to the City as follows:
(a) Authority. Any individuals entering into this Release Agreement on behalf of each
Homeowner have authority to bind the Homeowner. Entering into this Release Agreement and
consummation of the transactions contemplated hereby have been duly authorized by all necessary
actions and do not violate any agreement to which the Homeowner is a party.
(b) Transfer. Homeowner has not assigned or transferred any of its rights, claims or
demands of whatsoever kind against the City related to or arising out of the Lawsuit to any other person
or entity.
(c) Independent Review. Homeowner has been advised to consult counsel of their choice,
that at the time of the execution of this Release Agreement, Homeowner was represented by counsel of
her/his/its choice or has elected not to be represented and has consulted with or had the opportunity to
consult with her/his/its counsel and has been fully advised concerning the scope and binding legal effect
of this Release Agreement, the amounts of settlement, and all of the terms, conditions, covenants and
other provisions of this Release Agreement and the fact that this is a legal and enforceable agreement.
Homeowner acknowledges that he/she/it has relied entirely on his/her/its own counsel and his/her/its own
knowledge and assessment of the Lawsuit and of all other circumstances in making this Release
Agreement. Each person subscribing his/her signature hereto represents that he/she has personally read
and understood all of the terms and provisions of this Release Agreement in its entirety and that he/she is
authorized to enter into this Release Agreement on his/her personal behalf and on behalf of any entity on
whose behalf he/she executes it.
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4. THE CITY'S REPRESENTATIONS AND WARRANTIES. The City represents and
warrants to Homeowners as follows:
(a) Authority. The City is a municipal corporation duly formed and validly existing under
the laws of the state of Idaho. Any individuals entering into this Agreement on behalf of the City have
authority to bind the City. Entering into this Agreement and consummation of the transactions
contemplated hereby have been duly authorized by all necessary action and do not violate the City's
ordinances or any agreement to which the City is a party.
(b) Transfer. The City has not assigned or transferred any of its rights, claims or demands
of whatsoever kind against Homeowners related to or arising out of the Lawsuit to any other person or
entity.
(c) Independent Review. The City has been advised to consult counsel of its choice, that at
the time of the execution of this Agreement, the City was represented by counsel of its choice and has
consulted with or had the opportunity to consult with its counsel and has been fully advised concerning
the scope and binding legal effect of this Agreement, the amounts of settlement, and all of the terms,
conditions, covenants and other provisions of this Agreement and the fact that this is a legal and
enforceable agreement. The City acknowledges that it has relied entirely on its own counsel and its own
knowledge and assessment of the Lawsuit and of all other circumstances in making this Agreement. Each
person subscribing his/her signature hereto represents that he/she has personally read and understood all
of the terms and provisions of this Agreement in its entirety and that he/she is authorized to enter into this
Agreement on on behalf of any entity on whose behalf he/she executes it.
5. MUTUAL RELEASE. Homeowners and the City, on behalf of themselves and on behalf of
their heirs, administrators, executors, personal representatives, successors and assigns, and on behalf of
their past, present and future officers, directors, employees, agents, legal representatives and attorneys,
affiliates, subsidiaries, partners, and insurers, do hereby forever release, remise, discharge, and acquit, the
opposing parties (Homeowners and each of them release the City, and the City releases Homeowners and
each of them) to this Release Agreement and their past, present and future officers, directors, employees,
agents, legal representatives and attorneys, affiliates, subsidiaries, partners, and insurers, of and from any
and all, in all manner of, actions, causes of action, claims, suits, debts, sums of money, covenants,
contracts, controversies, agreements, compromises, variances, rights, damages, losses, costs, legal or
other expenses, attorneys' fees, judgments, executions, obligations, claims and demands of any kind
whatsoever, whether vested or contingent, in law or in equity, foreseen or unforeseen, suggested or
unsuggested, known or unknown, now asserted or not asserted, which any of the opposing parties ever
had, shall or may have, as a result of or by reason of or in connection with the Water and Sewer
Agreement, the Revised Nullification Agreement and/or the Lawsuit and/or claims or potential claims that
each of the parties to this Agreement have or may have been obligated to assert against each other in said
Lawsuit.
The parties hereto specifically waive the provisions of any law, whether imposed by statute, regulation or
otherwise, that a general release does or may not extend to claims that the party does not know or suspect
to exist in its favor at the time it gives a release.
6. NO ADMISSION OF LIABILITY. This Release Agreement made and effected hereby is a
compromise and settlement of the claims by and against the opposing parties hereto, and neither this
Release Agreement nor any provisions herein shall be construed as an admission of liability by any party
hereto, the same being denied. This Release Agreement is intended by all parties hereto merely to avoid
further litigation and to buy their peace.
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7. NO RELEASE OF JLJ, BWSA AND JEWETT. This Agreement shall not compromise, limit
or affect the claims Homeowners have or may have against JLJ, BWSA and Jewett and Homeowners
reserve for themselves the full and complete rights to pursue the Lawsuit and claim any and all damages
and/or remedies against JLJ, BWSA and Jewett. This Agreement does not release and shall not be
construed as a release of JLJ, BWSA and Jewett.
8. ENTIRE AGREEMENT. This Release Agreement and the exhibits attached hereto constitute
the entire agreement between the parties. No representations, warranties or promises have been made
except those set forth in this Release Agreement. Any agreement hereafter made shall be ineffective to
change, modify or discharge this Release Agreement in whole or in part unless such agreement is in
writing and signed by all of the parties hereto.
9. ATTORNEY FEES. In the event of any suit, act or other proceeding arising under the terms of
this Release Agreement, or in connection with this or any of the provisions of this Release Agreement, the
prevailing party shall be entitled to an award of and to recover reasonable attorney fees set by the court
and not by a jury and to an award of and to recover other costs incurred in that suit, action or proceeding,
in addition to any other relief to which it may be entitled, including any appeal thereof.
10. COUNTERPARTS. This Release Agreement may be executed simultaneously in one or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute one and
the same instrument. Facsimile or electronic transmission of any signed original document shall be the
same as delivery of the original.
11. GOVERNING LAW. This Release Agreement and the rights and obligations of the parties
hereto shall be controlled, governed, interpreted and construed according to the laws of the State of Idaho
in all respects.
12. HEADINGS AND TITLES. It is understood and agreed that all of the headings and titles, and
all of the subheadings and subtitles, are inserted as a matter of convenience and reference only, and in no
way define, limit, extend or describe the scope or intent of this Release Agreement.
13. SURVIVAL. The representations, warranties, and covenants set forth in this Release Agreement
shall survive the closing and shall be deemed to be material and to have been relied upon by all parties.
City of Meridian:
By:
Tammy 1eerd, Mayor
Date:1�Cem
[Homeowner Signature Page(s) Follow]
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LOT 1
Lance Beeson
Donna Beeson
LOT 3
Nathon Argon
Sonny Argon
LOT 5
Chris Satchwell
April Satchwell
LOT 8
Paul Orlando
Caryn Orlando
LOT 10
Aaron Whitman
Janice Whitman
LOT 12
Greg Gould
LOT 14
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LOT 2
Troy Larsen
Suzy Larsen
LOT 4
John Hobson
Marianne Saunders
LOT 6
Dan Cheney
Tonya Cheney
LOT 9
Jenifer Brown
Tony Brown
LOT 11
Spencer Hill
Sara Hill
LOT 13
Kevin Wittmuss
Amy Wittmuss
LOT 16
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Amber Cullum
Mike Cullum
LOT 17
Brett Webb
Alex Webb
LOT 19
Sabrina Wilson
Shawn Wilson
LOT 21
BANK OF THE WEST
By:
Name:
Its:
LOT 23
Kelly Adams
Sue Adams
LOT 25
Les Oliver
Suzi Oliver
Settlement and Mutual Release Agreement - 12
Chris Wells
Katie Wells
LOT 18
Jeff Obenchain
Jenny Obenchain
LOT 20
Jared Papa
Holly Papa
LOT 22
Erik Richardson
Maggie Richardson
LOT 24
Tim Kelly
Susan Kelly
LOT 26
Rhonda McCarvel
Rob McCarvel
45406.0001.6120430.7