Loading...
HomeMy WebLinkAboutRelease and Settlement Agreement with Simunich, Joe & Katherine for Ustick Propertyht~A CCIf;VTY RECORDER ~. ~1~~'f~ tdRVARRO ~'' i ~~ 6~~Fl0 is~~ ~~ zs ~n s= ~$ R~co~~~~- ~u~s~ ~ ~ ORIGINAL COUNTERPART F F E.-.._,.,...,, Q F P ~1 T Y ~~ 9~~~1 }~32 RELEASE AND SETTLEMENT AGREEMENT Parties: Joe Simunich and Katherine Simunich City of Meridian THIS AGREEMENT DATED this ~ day of U ~ , 1999, by and among the below named parties, who do hereby agree as follows: Section 1. Parties. The named parties to this Release and Settlement Agreement are: 1.1 Joe Simunich and Katherine Simunich, husband and wife, whose address is 955 West Usticlc Road, Meridian, Idaho 83642, hereinafter referred to in this Release and Settlement Agreement as "Simunich". 1.2 City of Meridian, a Municipal Corporation, having its principal place of business at 33 East Idaho, Meridian, Idaho 83642, hereinafter referred to in this Release and Settlement Agreement as "City". Section 2. Claim. The word "Claim" as used in this agreement means and includes any type of liability or threat of liability whether past, present or future, including but not limited to, costs, bills, expenses, damages, demands, actions, causes of action, and judgements of every kind, name and nature, which may exist under either legal or equitable principals of law arising out of the construction of a sewer interceptor across a portion of the "Simunich" Real Property, which "Real Property" is more particularly described in Exhibit "A" attached hereto, which construction back filling and compaction, it is claimed, have created a dam effect to the flow of the ground water across the "Simunich" "Real Property", creating soft ground surface conditions along a portion of the east side of the sewer interceptor line. Section 3. Payment and General Release. "City" has agreed to settle all of "Simunich" claim under the term of this Release and Settlement Agreement in consideration of and in exchange for the sum of FOUR RELEASE AND SETTLEMENT AGREEMENT THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($4,500.00), and the "City" will permit "Simunich", or their successor's in interest, permission to connect the existing septic tank that services the residence at 955 W. Usticlc Road, Meridian, Idaho, on the "Simunich" Real Property to the City's Sewer System, without a connection fee, but subject to any other standard agreement of the "City" for the extension of sewer services outside of the "City" limits, all of which as receipt in sufficiency of which "Simunich" does hereby acknowledge and release and forever discharge of the "Claim" the "City" and any of its engineers, and/or contractors all of whom whether employed or by contract service designed and/or constructed the sewer interceptor referenced in the "Claim". Section 4. Warrant. "Simunich" represents and warrants that no other person or entity has any right or interests in "Simunich's" "Claim"; that "Simunich" has not sold, assigned, transferred or in any other way disposed of "Simunich's" "Claim"; and that "Simunich" has the sole right and authority to execute this Release and Settlement Agreement and to receive the monetary consideration stated in paragraph 4. Section 5. No Admission of Liability. This Release and Settlement Agreement is not an admission of liability by either party or shall it be construed as such. Section 6. This Agreement is the Entire Agreement. "Simunich" states that no promise, inducement or agreement, except those stated in this Release and Settlement Agreement, has been made to him to induce him to make or sign this Release and Settlement Agreement; that this Release and Settlement Agreement constitutes the entire agreement between "Simunich" and the "City", and that the terms of this Release and Settlement Agreement are contractual and not mere recitals. Section 7. Law Governing this Agreement. This Release and Settlement Agreement is entered into and made in the State of Idaho. It involved events which occurred within Idaho. This Agreement shall, therefore, be governed by Idaho law. RELEASE AND SETTLEMENT AGREEMENT - 2 Section 8. Acknowledgment that Simunich has Read and Understands this Agreement. "Simunich" represents that, in entering into this Release and Settlement Agreement, "Simunich" has fully read the terms of this Release and Settlement Agreement; and Simunich fully understands and voluntarily accepts the terms of this Release and Settlement Agreement. Section 9. Effects of Agreement on Other. This Release and Settlement Agreement shall be binding upon each of the named parties and upon any and all of their spouses, family members, successors, representatives, attorneys, assigns, agents, employees, members, servants, estates, insurers, reinsurers, underwriters, heirs, executors, administrators, holding companies, subsidiary and/or related entities, and any and all other persons acting for, by or through said party on their behalf. Section 10. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the holding of invalidity, illegality or unenforceability shall not affect or impair, in any way, the validity, legality or enforceability of the other provisions of this Agreement. Section 11. Counterparts. This Agreement may be executed in two counterparts, each of which shall be an original, but all of which shall be deemed the same document. IN WITNESS WHEREOF this Agreement has been executed this day of 5~ , 1999. ~~ ~oe Simunich ~- Katherine Simunich RELEASE AND SETTLEMENT AGREEMENT - 3 CITY OF MERIDIAN ATTEST: /~/ A William G. Berg, Jr. City Clerlc Resolution No. STATE OF IDAHO,) County of Ada, ss. a Robert D. Corrie t~i(YtlY~7ffrrtr . ,~~ ~fi o~ ~' r '~' ~ f Fa Y SQL w. t- s,. CIS' ~ Y . `, fffl!!lf1111i111ii~\\\\ On this ~ day of ~Ql,[Ull 5 ~ , in the year 1999, before me, ~p.NNr~er /11UDrt~ , a Notary Public, personally appeared JOE SIMUNICH and KATHERINE SIMUNICH, 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. ~~ ~ (SEAL) ~T,~,~~, ~ ~~ ~ ~4~G s ~' ~'©•~ ~''9TF nF t9~'•~~~ ~u Nota Pub for Idaho Com fission Expires: a` RELEASE AND SETTLEMENT AGREEMENT - 4 STATE OF IDAHO,) County of Ada ss. On t 's ~~ day of , in the year 1999, before me, ~nn otary Public, personally appeared ROBERT D. CO E and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, 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 first above written. +~~~o~G NL L~ S f •.. • N~ . ~ (S-}~ ~oTA.R~ Z °'k ~ ~~ S ~ " ~UBL~G •~o~~~®'® w'°~O e ~sF°~~,»e~e~aea°°°i msg1Z:lWorklMlMeridian 15360M1SimunichlSettle.Agr ~ 1 Notary ublic for Idaho Commission Expires: RELEASE AND SETTLEMENT AGREEMENT - 5 20' PERMANENT ScWER ~SEMEIVTS AND 7 00' TE3VIPORARY SHIVER CONSTRUCTION EASc:VfE?VTS a5~ WEST UST1C}C ROAD BOISE, IDAHO 83642 A PERMANE,'VT EASEMENT SHALL BE c0 Fc=~ WIDE AND A TEMPORARY EASEMENT SHALL BE 100 FE=~ WIDE. BOTH EASdV1ENT5 SHALL BE CONTINUOUS AND PARAL ~? TO THE FOLLOV+~!NG DEJO'RIP~r CENTEriL1NE SITUATED IN THE SOUTHEAST 1 /4 OF THE NORTHWEST 1 /4 OF SECTION 1, TOWNSHIP 3 NORTH, t=iANCE 1 WEST, 601Sc-MEniDIAN, ADA COUNTY, IDAHO, AND IS MORE PARTICiJLARLY DESCAIBE~ AS FOLLOWS: COMMENCING AT A POINT THAT 1S 87.51 FE=D NORTH AND 3,772.78 FED ~~ WEST OF THE EAST 1 /4 CORNER OF SAID SECTION 1, SAID 1/4 CORNER BEARS S00°16'23'W A DISTANCE OF 2,658.28 Ft~.~ FROM THE NORTHWEST CORNER OF SAID SE~~TION 1, SAID POINT BEING THE REAL POINT OF BEGINNING. THENCE N32°25'43'1= FOR A DISTANCE OF 105.63 FED ~ TO A POINT; THENCE S89°4S'08'c FOR A DISTANCc OF 270.25 Fc~T TO A POINT, THENCE N00°26'54-E FOR A DISTANCE OF 743.00 FEAT' I O A POINT, SAID POINT BEING THE TERMINUS OF THIS DESCRIPTION. Also A PERMANENT EgSEy1ENTSHALLBE20 FE~i WIDE (10 Fc=i NORTH AND 10 FE.t SOUTH) AND A TEMPORARY EASEMENT SHALL BE 100 FE~~ WIDE (20 Fc=i NORTH AND 80 F``i SOUTH). 80TH EASEMENTS SHALL BE CONTINUOUS AND PARAL!_E~ DESCRIBED CENTERLINE SiTUATF~ IN THE SOUTHEAST 1 /4 OF THE NORTHWES Ol /41 OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE-MEAIDIAN_ ADA COUNTY, IDAHO, AND IS MORE PAR i ICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT THAT IS 918.56 F~~ NORTH AND 3,440.08 Fc~i WEST OF THE CAST 1 /4 CORNER OF SAID SECTION 1, SAID 1 /4 CC;~NER BEARS S00°16'23'W A DISTANCE OF 2,6:,8.28 Fi=~~ FROM THE NORTHWEST CORNER OF SAID Sc,TION 1, SAID POINT BEING THE REAL POINT OF BEGINNING. THENCE Soo°-~g'28•E FOR A DISTANCE OF 125.14 F~ i~ TO A POINT; THENCE S37°11'13'c FOR A DISTANCc OF 9.61 F~~ TO A POINT MORE OR LESS, ON THE CAST LINE OF SAID PARCE?~ SAID POINT BEING THE TERMINUS OF THIS DESCRIPTION. THETE\/fPORARY SCNER CONSTRUCTION EASE\/1E~1TS DEJCRIBED A60VE Si-iALi = tF!RE FEBRUARY 28, 1x02.