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Home My WebLink AboutRelease of Claims Agreement with Wanda BuckertCity of Meridian, Public Works Engineering /nterOffice Memo ,~ Will Berg Frone Karie Glenn CC: Date: 10/17/2003 Re: Original Documents for Safekeeping VIII, RECEIVE City of Meridian City Clerk Office I am sending this document to you for safekeeping as insh~uded by Bill Nichols. I have processed a purchase order for $500.00 to be sent to Tits. Ruckert to satisfy this release (432-04-103). ~- Let me know if you have any questions. From the desk of Karie A Glenn Dept. Specialist Supervisor Public Wortcs: €ngineering Division 660 E Watertower Ste 200 Meridian, Idaho 83642-2600 (208) 898-55~ Fax: (208) 898-9551 • Page 1 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW KEVIN E. DINIUS ]ULIE KLEIN FISCHER CHRISTOPHER D. GABBERT WM. F. GlcnnY, III T. GUY HALLAM, ]R.= ]ILL $. HOLINKA D. SAMUEL JOHNSON WILLIAM A. MORROW WILLIAM F. NICHOLS• CANYON PARK AT THE IDAHO CENTER 5700 EAST FRANKLIN ROAD, SUITE 200 NAMPA, IDAHO 83687-?901 TEL (208) 466-9272 FAX (208) 466-4405 E-Mail: wfn®whitepetersan.com CHRISTOPHER S. NYE PHILIP A. PETERSON ERICA $. PHILLIPS ERIC S. ROSSMAN TODD A. ROSSMAN TERRENCE R. WHITE•• NICHOLAS L. WOLLEN •ALSO ADMITTED IN OR Gary Smith Meridian Public Works Meridian, Idaho Re: Buckert Release Dear Gary: October 13, 2003 •"ALSO ADMITTED IN WA The original release needs to be filed with the City Clerk who will put it away for safekeeping. It does not have to be recorded. Sincerely, WHITE PETERSON William F. ichols RELEASE OF CLAIMS THIS RELEASE, executed this ~ ~ day of October, 2003, by Wanda Buckert, whose address is 971 E. Wells Circle, Meridian, Idaho 83642, hereinafter referred to as "Releasor," and the City of Meridian, a municipal corporation, Ada County, Idaho, hereinafter referred to as "Releasee." WITNESSETH: WHEREAS, Releasor and Releasee are parties to a sewer main easement which crosses Releasor's property; and WHEREAS, Releasee permitted Dennis Bailey to connect to said sewer main from property which adjoins the parcel owned by Releasor, and which connection resulted in gravel, rocks, and other material being deposited on Releasor's property (Ada County Assessor parcel number 85443010200, Lot 20, Magic View Subdivision, Amended); and WHEREAS, Releasor has made claims against Releasee; and WHEREAS, Releasor and Releasee have now agreed to settle these disputes in all matters between them relating to or arising out of the Dennis Bailey sewer connection, up to the date of the execution of this Release of Claims and which might arise in the future; and WHEREAS, the parties now wish to confirm and memorialize their settlement of all claims and disputes between them relating to this matter; NOW, THEREFORE, Releasors covenant and agree as follows: 1. Releasors' Release. In consideration of the amounts to be paid hereunder and other valuable consideration, receipt of which is hereby acknowledged, Releasors, for themselves, their heirs, successors, assigns, attorneys, agents and representatives, hereby forever release and discharge the City of Meridian, Idaho, and its, successors, assigns, legal representatives, agents and attorneys (collectively referred to as "Released Parties"), from any and all claims, causes of action, damages, liabilities, expenses, fees and costs, which Releasor ever had, now has, or may has in the future claim to have had against the Released Parties for RELEASE OF CLAIMS - 1 any losses, injuries or damages, whether anticipated or unanticipated, resulting from, arising out of, or connected directly or indirectly with the Dennis Bailey sewer connection up to the date of this agreement, including but not limited to, negligence, breach of contract; breach of any covenant or duty of good faith and fair dealing; violation of any statutory or administrative rules, regulations or codes; fraud of any nature, including consumer fraud; interference with prospective advantage; conspiracy; intentional infliction of emotional distress; negligent infliction of emotional distress; misrepresentation of any kind; or any other claims sounding in tort; claims for breach of contract; and including claims for punitive or consequential damages, and attorney fees; and all allegations, express and implied, that were or could have been asserted against Releasee. 2. Payment. In consideration of the promises and releases contained in this agreement, and in full and final settlement of all claims Releasor may have or could have against any of the Released Parties, as set forth in paragraph 1 of this agreement, Releasor will receive the sum of Five hundred Dollars and no/100 ($500.00) in lieu of all other sums which are or might be payable by Releasee to Releasor. ,b~ 3. Not an Admission. Releasor recognizes that any payments or agreement made pursuant to this agreement are not an admission by any of the Released Parties of liability or responsibility for, or the correctness of, all claims that were asserted by Releasor. ,~ 4. Actions Against Releasee. Releasor agrees never to commence, prosecute, or cause to be prosecuted against Releasee, any complaint, suit or proceedings based on a claim, demand, cause of action, damage or liability which is being released in this agreement. 5. Indemnitv. Releasors agree to indemnify the Released Parties and to hold them harmless from all expenses and costs, including reasonable attorney's fees, incurred by the Released Parties in their defense of any claims brought by Releasor, brought on her behalf, or brought by any third party after the date of this agreement, regarding the subject matter described in paragraph 1 of this agreement. RELEASE OF CLAIMS - 2 W~ J~ ~o ~?' Breach. If Releasor breachs the terms of paragraph 4 of this agreement, Releasee shall be entitled to take such action as is deemed necessary, including but not limited to, seeking injunctive relief, and further shall be entitled to recover damages and reasonable attorney's fees. ~'Y ~'~ 7 -8r Ownerslu_:p of Claims. Releasor represents and warrants to the Released Parties that she is authorized and entitled to sign this agreement, and that she owns and has not sold, pledged, hypothecated, assigned or transferred the claims being released herein, and Releasor agrees to indemnify and hold the Released Parties harmless from any such claim that may be asserted against the Released Parties by any other person or entity regarding the subject of this agreement. ~' ~~ $.~' Careful Review of Agreement and Understanding; of Release. Releasor represent that she has carefully read this agreement and understands its terms and conditions without reservation. Releasor acknowledges that she has had ample opportunity to consult with legal counsel of her choice regarding this agreement, has not relied on any representations or statements of the Released Parties or their counsel with respect to the subject matter of this agreement, understand that this is a release, relinquishing and releasing in their entirety the claims they have or may have against the Released Parties that are described in paragraph 1 of this agreement. Releasor further acknowledges that the Released Parties are not warranting or representing any tax consequences of this agreement, and that she is relying on her own legal and/or tax advisors and not on the Released Parties in that regard. JI41' ~'~ `~. ~' Severability. If any portion or portions of this agreement may be held by a court of competent jurisdiction to conflict with any federal, state, or local law, and as a result such portion or portions are declared to be invalid and of no force or effect in such jurisdiction, all remaining provisions of this agreement shall otherwise remain in full force and effect and be construed as if such invalid portion or portions had not been included therein. ~ ~~ ~ 0 ~~ Entire A egr ement. Releasor acknowledges and agrees that no representations or promises have been made to or relied upon by her or by any person acting for RELEASE OF CLAIMS - 3 or on her behalf in connection with the subject matter of this agreement which is not specifically set forth herein. All prior representations and promises made by any party to Releasor, whether in writing or orally, are understood by the Releasor to be merged in this agreement. ~-~~' ~~, ~-2~ Binding Effect. This agreement shall be binding upon and shall inure to the benefit of the parties, their respective heirs, beneficiaries, personal representatives, successors and assigns. ~yj,. ~~ 12,13' Governing Law. This agreement shall be governed by the laws of the State of Idaho. EXECUTED the day and year first above written. RELEASOR: ~~%~:~ Wanda Buckert STATE OF IDAHO ) ss: County of Ada ) On this ~D ~ day of r~G~o bei'' , 2003, before me, the undersigned, personally appeared Wanda Buckert, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. \1111111r4r ~ .~`'~~~t ~ • S rr''•. +~ vQ;~ ~'y ; Notary Public for Idaho SOT AR y = = My commission expires: / ~- ~ s o (SEAL) ,o :~ V B LAG '~: ,~ ~~,~~? -.~~qfF OF ~~P.~. rrrrr 1111f1-,, RELEASE OF CLAIMS - 4