HomeMy WebLinkAboutRelease of Claims with Larry & Tonya BowersRELEASE OF CLAIMS
THIS RELEASE, executed this ~ ~ ~~ day of ~ Gt ~`~ , 2002,
by LARRY BOWERS and TONYA BOWERS, husband and wee, whose address is 641
N. Main Street, Meridian, Idaho 83642, (hereinafter "Bowers") and CITY OF
MERIDIAN, a municipal corporation, whose address is 33 East Idaho, Meridian, Idaho
83642 (hereinafter "Meridian") (collectively referred to as the "Parties.")
WITNESSETH:
WHEREAS, Bowers contracted with Stacy Construction, Inc., to purchase a home
located on Lot 20, Block 14, Thousand Springs Subdivision No. 3, Meridian, Idaho; and
WHEREAS, Bowers desired to construct a bonus room and have a window
placed in the gabled end of the roof above the first floor of the rear of the house; and
WHEREAS, due to the controversy that arose from the bonus room gabled
window, the Bowers made a claim for damages; and
WHEREAS, the Bowers and Meridian have now agreed to settle these disputes in
all matters between them relating to or arising out of Lot 20, Block 14, Thousand Springs
Subdivision No. 3, Meridian, Idaho, up to the date of the execution of this Release of
Claims and which might arise in the future; and
WHEREAS, the Bowers and Meridian now wish to confirm and memorialize
their settlement of all claims and disputes between them relating to this matter.
NOW, THEREFORE, the Parties covenant and agree as follows:
1. Bowers Release: In consideration of the amounts to be paid hereunder
and other valuable consideration, receipt of which is hereby acknowledged, Bowers, for
themselves, their heirs, successors, assigns, attorneys, agents and representatives, hereby
forever release and discharge the City of Meridian 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
Bowers ever had, now have, or may have in the future claim to have had against the
Released Parties for any losses, injuries or damages, whether anticipated or unanticipated,
resulting from, arising out of, or connected directly or indirectly with the decision made
by the City of Meridian regarding the property located on Lot 20 Block 14 in Thousand
Springs Subdivision No. 3, Meridian, Idaho, 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,
Release of Claims -Bowers -Page 1 of 5
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 Meridian.
2. Meridian Release: In consideration of mutual promises made hereunder
and other valuable consideration, receipt of which is hereby acknowledged, Meridian, for
themselves, their heirs, successors, assigns, attorneys, agents and representatives, hereby
forever release and discharge the Bowers and their 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
Meridian ever had, now have, or may have in the future claim to have had against the
Released Parties for any losses, injuries or damages, whether anticipated or unanticipated,
resulting from, arising out of, or connected directly or indirectly with the decision made
by the City of Meridian regarding the property located on Lot 20 Block 14 in Thousand
Springs Subdivision No. 3, Meridian, Idaho, 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 the Bowers.
3. Payment: Consideration of the promises and releases contained in this
agreement, and in full and final settlement of all claims Releasors may have or could
have against any of the Released Parties, as set forth in paragraph 1 of this agreement,
Releasors will receive the sum of FIFTEEN THOUSAND AND NO/100 DOLLARS
($15,000.00) in lieu of all other sums which are or might be payable by Meridian to the
Bowers.
4. Not an Admission: The Parties recognize that any payments or
agreement made pursuant to this agreement are not an admission of liability or
responsibility for, or in correctness of, all claims that were asserted.
5. Confidentiality of this Agreement: The Parties expressly agree that
they and their agents will not, at any time, directly or indirectly, except as expressly
authorized in writing by the other, publicize, divulge, or disclose to any person, entity , or
media representative, the amount of this settlement, except that Meridian or the Bowers
or their agents may disclose the fact of this settlement, and may further disclose this
agreement and the payment under this agreement to any governmental authorities to
whom disclosure is required by law, and the Parties may disclose to their legal financial
advisors and accountants to the extent necessary to receive professional advice, and then
only if such persons are expressly made aware of this confidentiality provision and agree
to be bound hereby, notwithstanding being obligated by law or professional ethical
standards to maintain the confidentiality ofsuch information.
Release of Claims -Bowers -Page 2 of 5
6. Actions Against Release: The Parties agree never to commence,
prosecute, or cause to be prosecuted against the other, any complaint, suit or proceedings
based on a claim, demand, cause of action, damage or liability which is being released in
this agreement.
7. Indemnity: The Parties 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 the Bowers,
brought on their behalf, or brought by any third party after the date of this agreement,
regarding the subject matter described in paragraph 1 of this agreement.
8. Breach: If one of the Parties breach the terms of paragraph 5 of this
agreement, the other 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.
9. Ownership of Claims: The Bowers represent and warrant to the
Released Parties that they are authorized and entitled to sign this agreement, and that they
own and have not sold, pledged, hypothecated, assigned or transferred the claims being
released herein, and the Bowers agree to indemnify and hold the Released Parties
harmless from any such claim that maybe asserted against the Released Parties by any
other person or entity regarding the subject of this agreement.
10. Careful Review of Agreement and Understanding of Release: The
Bowers represent that they have carefully read this agreement and understand its terms
and conditions without reservation. Bowers acknowledge that they have had ample
opportunity to consult with legal counsel of their choice regarding this agreement, have
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. The Bowers further
acknowledge that the Released Parties are not warranting or representing any tax
consequences of this agreement, and that they are relying on their own legal and/or tax
advisors and not on the Released Parties in that regard.
11. 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.
12. Entire Agreement: Both parties acknowledge and agree that, except as
may be required by law, they will keep the terms, amount and fact of this Agreement
completely confidential, except that they may reveal the terms of the Agreement to any of
Release of Claims -Bowers -Page 3 of 5
their attorneys, accountants, senior management, payroll and benefits administrators or
business consultants who need to know of the Agreement and its terms and who agree not
to reveal the existence, terms or amount of the Agreement further.
13. 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.
14. Governing Law: This agreement shall be governed by the laws of the
State of Idaho.
EXECUTED the day and year first above written.
THE "BOWERS":
Larry B s
Tonya Bo ers
STATE OF IDAHO, )
ss:
County of Ada, )
On this /~f~ day of ~~,4s.f , 2002, before me,
~a.~: cc L. • S-...: ~. ~ , a Notary Public, personally
appeared Larry Bowers and Tonya Bowers, husband and wife, known or
identified to me to be the persons whose names are subscribed to the within
instrument, and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
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Release of Claims -Bowers -Page 4 of 5
CITY OF MERIDIAN:
By:
Robe D. Corrie, Mayor
01111111111111//~~~~
ATTEST: .~~ \G~~ oaf q`1' ~~';
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William G. Berg, Jr. '~~-~a c~sT ~~~ ,'`~' ~O\
City of Meridian Clerk ~ '9 pP ~~
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STATE OF IDAHO, )
ss:
County of Ada, )
On this ~ day of ~i , 2002, before me, a notary
public, personally appeared ROBER D. CORRIE, known or identified to me to
be the Mayor of the City of Meridian, and William G. Berg, Jr., known or
identified to me the City Clerk of the City of Meridian, and known to me to be
the persons who executed the within instrument on behalf of the City of Meridian
and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
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Release of Claims -Bowers -Page 5 of 5
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ME~nwly ~ CITY of MERIDIAN
.;,.,.~.
~~ _ : 33 E Idaho Avenue
Meridian, Idaho 83642
CHECK REQUEST
PAY: Larr ~ Toh Q ~OWQrS REQUESTED BY: L'i . ~o~cc.~~
6 / /jZQ i I.. CHECK NEEDED BY: ~ d a
/yel-~'d~aw / 83~ ~f'Z PLEASE CHECK ONE: ^ Maii Check
®. Retum check to dept
DESCRIPTION AMOUNT
~e~/.-ernen-t ~r ~~-t C/airy. /SODO, °'°
G~'a rn. a e .~
ACCOUNT # ~ -- ~~=~ ~-~ ~~o~
CHECK TOTAL .~~5' .000. °=
-
DATE: ~- ~ ~~ ~ ~ DEPT. HEAD <=i'~"
DATE: D Z
~ ~i
1v1eJJ~t~C i arc; i u- i
Robert Corrie ~~ v ~ ~. ~l -~,~, ~ ~' ~ ~~ ~ " ~ ~~ ~~
From: Bill Nichols [wfn@whitepeterson.COM]
Sent: Wednesday, July 24, 2002 1:57 PM
To: Keith Bird (birdronaldkeith@msn.com); Robert D. Corrie (corrieb@meridiancity.org); Tammy de Weerd
(tdeweerd@msn.com ); William L. M. Nary (canary@cityofboise.org); Will Berg Jr.
(bergw@meridiancity.org)
Subject: Larry Bowers Claim
Mayor Corrie and Council Members
I have settled the Bowers claim for $15,000. I will prepare the necessary release of claims document and send it
to Bowers for signature. 1 will need a check for $15,000 made payable to Larry Bowers and Tonya Bowers,
husband and wife. It should indicate on the check that it is "Settlement of all Claims against the City of Meridian".
The check will be held and exchanged for the signed release.
Thank you.
P.S. I don't have Cherie McCandless' email address. If one of you could get that to me, I would appreciate it.
7/24/02