Release of Claims with Buckert, Wanda for Sanitary Sewer
RELEASE OF CLAIMS
TIllS 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
1Tom 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. R5443 0 10200, 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"), 1Tom 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 - I
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any losses, injuries or damages, whether anticipated or unanticipated, resulting ftom, arising out
of, or connected directly or indirectly with the Dermis 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; ftaud of any nature, including consumer ftaud; 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.
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2.
Payment. In consideration of the promises and releases contained in this
agreement, and in full and fina1 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/IOO ($500.00) in lieu of all other sums which are or
might be payable by Releasee to Releasor.
..
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.
Indemnity. Releasors agree to indemni:!Y the Released Parties and to hold
them harmless ftom 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
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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 linúted
to, seeking injunctive relief, and further shall be entitled to recover damages and reasonable
attorney's fees.
/J'y ~ ~ 1..g:
Ownership 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 indelllIlÜÿ and hold the Released Parties harmless ITom any such claim that
may be asserted against the Released Parties by any other person or entity regarding the subject
of this agreement.
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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.
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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 fun force and effect and be
construed as if such invalid portion or portions had not been included therein.
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Entire Allreement.
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
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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.
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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.
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Governine; Law. This agreement shall be governed by the laws of the
State ofIdaho.
EXECUTED the day and year first above written.
RELEASOR:
J~~
Wanda Buckert
*
STATE OF IDAHO
ss:
County of Ada
On this 1f)"?1 day of klohf-V' . 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.
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Notary Public for Idaho
My comrnission expires: ('I.-/i"'./ of-
RELEASE OF CLAIMS - 4
City of Meridian, Public Works
Engineering
InterOffice Memo
RECEIVED
OCT 2 2 2003
'nil
V\liIlBeJt
City of Meridian
City Clerk Office
From: Kane Glenn
CCI
Date: 10/17/2003
ReI
Original Documents for Safekeeping
V\lill,
I am sending this document to you for safekeeping as instructed by Bill Nichols. I have processed
a purchase ortier for $500.00 to be senna Ms. Buckerttosali5fy1his release (432-D4-103).
Lei me know if you have any questions.
From the desk of...
Karie A Glenn
Dept. Specialist Supervisor
Publio Wor1<s: Engineering Division
660 E Waterlower Ste 200
Meridian, Idaho 83642.2600
(208) 898-5500
Fax: (208) 898-9551
. Page 1
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, EA.
ATTORNEYS AT LAW
KEVIN E. DINIUS
JUUE KLEIN FISCHER
CHRISTOPHER D. GABBERT
WM. F GIO,^,. III
TGUyHALLAM.JR.'
JILL S. HOUNKA
D. SAMUEL JOHNSON
WILLIAM A. MORROW
WILUAM F N<CHOLS'
CANYON PARK AT THE IDAHO CENTER
5700 EAST FRANKLIN ROAD, SUITE 200
NAMPA, IDAHO 83687.7901
TEL (208) 466.9272
FAX (208) 466,4405
E-Mail: wfu@WbRepetmon.tom
CHRI<TOPHER S. N"
PHIUP A. PETERSON
ERICA S. PHILUPS
ERIC S. ROSSMAN
TODD A. ROSSMAN
TERRENCE R. WHITE"
NICHOLAS L. WOLLEN
"ALSO ADMITTED IN WA
'mo ADMITTED IN OR
October 13, 2003
Gary Smith
Meridian Public Works
Meridian, Idaho
Re:
Buckert Release
Dear Gary:
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
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