14-989 Extending the Coop Construction and Reimbursement Agmt with JLJCITY OF MERIDIAN RESOLUTION NO.
BY THE CITY COUNCIL: BIRD, BORTON, CAVENER,
MILAM, ROUNTREE, ZAREMBA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN EXTENDING
THE COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT WITH
JLJ ENTERPRISES FOR A 12 INCH WATER MAIN FROM THE INTERSECTION OF
OVERLAND AND LINDER ROADS WEST APPROXIMATELY 5000 FEET
WHEREAS, the City of Meridian entered into a Cooperative Construction and
Reimbursement Agreement with JLJ Enterprises on or about March 10-12, 2009; and
WHEREAS, the basis of the Agreement was for the reimbursement of a portion of a 12 inch
water main; and
WHEREAS, a copy is hereby attached to this resolution as Exhibit "A;" and
WHEREAS, the remaining balance owed on this project pursuant to the agreement is
$28,856.23 the entirety of which is to be paid from the assessment fees collected for the
development of Southridge Subdivision; and
WHEREAS, the Original Agreement was set to expire on or about March 11, 2014 the City
by a separate settlement agreement, a copy of which is attached as Exhibit `B," has agreed to extend
the Original Agreement until March 11, 2019; and
WHEREAS, any payments received between March 11, 2014 until March 11, 2015 by the
City pursuant to the Original Agreement shall be paid to the Bittercreek HOA as described in Exhibit
"B" and after that date shall then be paid to JLJ Enterprises, or its successor in interest, until the
expiration of the Agreement on March 11, 2019.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS:
Section 1. That the above noted Cooperative Construction and Reimbursement Agreement
with JLJ Enterprises and the City of Meridian entered into on or about March 10-12, 2009 is hereby
extended to March 11, 2019.
Section 2. That any payments received between March 11, 2014 and March 11, 2015 shall
be paid to the Bittercreek HOA. After the latter date the payments shall be paid to JLJ Enterprises,
or its successor in interest, until the expiration of the Agreement.
ADOPTED by the City Council of the City of Meridian, Idaho, this day of May, 2014.
APPROVED by the Mayor of;t4e&ityf-of,,Meridi
CITYT-MERIDIAN: _ ,,s, ,r Atte
s
Tammy de Weerd, Mayor Ja c
Idaho, this "day of May, 2014.
. Holman, City Clerk
RESOLUTION EXTENDING THE COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT WITH JLJ ENTERPRISES
AND THE CITY OF MERIDIAN ENTERED INTO ON OR ABOUT MARCH 10-12,2009
RESOLUTION EXTENDING THE COOPERATIVE CONSTRUCTION AND
REIMBURSEMENT AGREEMENT WITH JLJ ENTERPRISES AND THE CITY OF
MERIDIAN ENTERED INTO ON OR ABOUT MARCH 10-12, 2009
COOPERATIVE CONSTRUCTION
AND
REIMBURSEMENT AGREEMENT
12 -INCH WATER MAIN
FROM THE INTERSECTION OF OVERLAND AND 1-iNDER ROADS WEST
APPROXIMATELY 5000 FEET
THIS AGREEMENT made this1day of 2009, by and between the
CITY OF MERIDIAN, a municipscorporation, hereinafter called "CITY," and JW Enterprises,
Inc., hereinafter called "DEVELOPER",
WITNESSETH:
WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and
desires to construct approximately 6,000 fest of 12 -inch water main, along Overland Road,
to be owned, operated, and maintained by CITY to serve DEVELOPER's property, South
Ridge Subdivisions• (shown on Exhibit "A"), and has requested reimbursement for a portion
of the 12 -inch water main;
WHEREAS, upon recommendation of the Public Works Department, the City Council of
CITY accepted and approved the proposal of DEVELOPER to construct the said 12 -inch
water main system, subject to all conditions hereinafter provided by this Agreement;
NOW THEREFORE, in consideration of the foregoing premises, CITY and DEVELOPER
hereby agree:
A. Preparation of Plans,
DEVELOPER has prepared plans and specifications, drawings, instructions, bid
proposal and all other contract documents for the construction and installation of the
12 -Inch water main system (hereinafter called "Projecf'), shown on preliminary pians
(hereinafter called "Exhibit "13% including rights-of-way, grades and elevation, and
materials used in the construction and installation of said Project.
B. Final ,Approval of Plans.
Prior to commencement of construction, CITY shall approve or reject, in its discretion,
the Project plans. CITY and DEVELOPER shall acknowledge in writing the final plans,
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and said plans shall not thereafter be modified In any material way unless such
modifications are approved in writing signed by CITY and DEVELOPER.
C. Solicitation of Bids.
DEVELOPER will solicit bids for construction using the City Purchasing Department's
bid procedures at a minimum. DEVELOPER Shall work with the City Purchasing
Manager in developing the bid and establishing a due date. A representative of the
City Purchasing Department must attend the bid opening. DEVELOPER will award
the construction contract to the lowest responsible bidder after obtaining concurrence
from the CITY Purchasing Manager of low bidder and City Council approval.
D. Contract Terms.
DEVELOPER shall provide CITY with a copy of the executed construction contract(s)
prior to the stark of any construction. All construction contract(s) shall include, at a
minimum, the following previsions:
1. A requirement that the contractor provide payment and performance bonds in the
amount of one hundred percent (100%) of the total Project cost naming CITY as an
additional beneficiary as required by the Public Works Contractors License Act,
Chapter 19, Title 54 of the Idaho Code.
2. A requirement that the successful bidder be licensed as a public works contractor
as required by Idaho State Statute 54-1902.
3. A requirement that the construction of the Project shall be in accordance with the
approved designs, plans, and specifications and be Substantially Complete by June 1,
2009. Forthe purposes of this Agreement, the term "Substantially Complete" shall
mean that the Project and all components thereof can be safely used for their intended
purpose(s) despite the fact that some item or items remain uncompleted.
4. A provision that the time for Substantial Completion will only be extended by (a)
acts of God, (b) war, (c) delays caused by CITY, (d) weather, (e) review and/or
approval processes required by outside agencies not otherwise parties to this
Agreement (t) any request for extension of time approved in writing by CITY.
5. A requirement that the contractor shall maintain liability insurance insuring against
bodily injury or death with, limits of not less than One Million Dollars ($1,000,000.00)
per person and per occurrence, and property damage with a limit of One Million
Dollars ($1,000,000.00) per occurrence, naming the City as an additional insured and
provide a certificate of said insurance prior to the start of construction. Said
requirement is extinguished upon acceptance of Project by City.
6. A provision that the contractor shall indemnify CITY and DEVELOPER from any
and all claims by third persons arising out of the performance of the contract.
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7. �A provision, that the contractor shall comply with all applicable laws, rules, and
regulations, and that the contractor shall secure all applicable permits and pay all
applicable fees.
8. A provision providing at least a one (1) year warranty on the operation and
materials of the Project, which warranty shall be assignable to CITY, to be secured by
the posting of a performance bond in favor of City upon project completion in the
amount of ten percent *(10%) of the total Project cost,
E. Conditions Precedent to Execution of Construction Contract(s).
Prior to execution of any construction contract, the following conditions shall be
satisfied:
1. Prior to the start of construction in 2009 the DEVELOPER shall secure financial
surety acceptable to ACHD guaranteeing the completion of the Overland Road
realignment project.
2. DEVELOPER shall provide proof to CITY that the completion of the Overland Road
realignment project has not been canceled or postponed,
3. DEVELOPER shall obtain written approval from CITY of the form and terms of such
construction contract, which approval may be withheld for any reason, including but not
limited to DEVELOPER's failure to obtain a construction contract that contains the
provisions required by this Agreement, but which approval shall not otherwise be
unreasonably withheld.
4. Any easements required for the Project or the construction thereof shall be deeded
to CITY and recorded prior to construction of the Project.
P. DEVELOPER and CITY Responsibility for Costs.
Because the DEVELOPER will construct the Project, as shower on Exhibit "B", it is
mutually agreed that the cost of the Project will be subject to actual cost verification by
CITY. DEVELOPER shall fund 100% of the cost of the Project, estimated at
$229,896.90.
The -City will reimburse the DEVELOPER for 60% of the project estimate (subject to
cost verification) less an administration fee of $9,384.60 as listed In paragraph J.
Go Construction of the Prolect.
1. DEVELOPER shall install and, construct the Project in compliance with and subject
to all conditions provided herein.
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2. DEVELOPER shall obtain and/or provide all engineering, surveying, contract
administration, and/or permanent and temporary easements necessary for the
construction of the Project.
3. DEVELOPER shall undertake and/or provlde all testing, sampling and other
normally conducted measures for quality control/quality assurance regarding any and
all installed systems,
4. CiTY shall provide inspection services for the construction of the Project in
accordance with CITY standards.
H. Chance orders to Construction Contract,
DEVELOPER shall obtain the written approval of CITY before approving any change
order to the construction contract. In the event of a change order, CITY and
DEVELOPER shall execute an amendment to this Agreement to record the amount of
the change order to be reimbursed to DEVELOPER, if any. In the event that a change
order or other amendment to ,the construction contract results In a cost savings, CITY
and DEVELOPER shall execute an amendment to this Agreement to reflect how the
cost savings will be allocated between CITY and DEVELOPER.
I. Completion of the Prolect.
1. It is the desire of the City and in agreement with the Developer that this project be
substantially completed by June 30, 2009 to be in alignment with the Ada County
Highway District's needs for the road system in this area. The DEVELOPER and the
CITY discussed and agreed to this completion date on September 16, 2008 in a City
Council meeting.
2, Upon final completion of the Project, DEVELOPER shall furnish to CI'T'Y written
certification that the Project has been completed in accordance with the approved .
plans. Within fifteen (1 a) days after delivery of the certificate.0 completion, CiTY shall
either accept the same or provide a written itemization of those matters it reasonably
finds to be non -conforming with the approved plans, in which case DEVELOPER shall
promptly cause the remediation of all non -conforming matters,
3. Upon completion of the Project, DEVELOPER shall deliver to CITY comprehensive
as -built drawings for the Project in both a reproducible, printed format, on both mylar
and in electronic files In AutoCAD format.
4, Upon completion of the Project, DEVELOPER shall complete all paperwork
necessary to assign to CITY the contractor's one (1) year warranty of the work and
materials on the Project.
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a. Upon completion of the Project, DEVELOPER shall represent and warrant that the
Project is free and clear of all liens and encumbrances not created by or with the
written consent of CITY.
6. Upon completion of the Project, CITY'shall issue an approval letter accepting
ownership to DEVELOPER.
J. ftrnburserneritto DP ELOPER.
Because DEVELOPER will construct the Project, CITY shall reimburse to
DEVELOPER 50% 50% of the project estimate (subject to cost verification) less an
administration fee of $9,384.60 as listed below.
Construction Cost $229,896.90
City portion of Construction Cost $115,214.20
Less Administration fee of -$ 9,384.60
Design & Engineering Costs $ 12,806.25
Soft Costs $ 10 220.38
Total City Responsibility $128,856.23
CITY to pay $100,000.00 to DEVELOPER within thirty (30) Day's upon project
completion, which shall be no later than June 30, 2009 unless delay is caused by
something outside the control of the DEVELOPER, and CITY's acceptance of the
project. The City shall not be obligated to pay any amount after June 30, 2009 unless
the DEVELOPER can prove to the CITY that they delay was outside of his control. if
such showing is made the CITY may allow for a reasonable period of time to cure the
default and shall pay this amount at the later designated date,
The CITY Project Manager well conduct an audit of this agreement on a quarterly basis,
beginning three months from the date of this agreement, and reimburse the
DEVELOPER the remainder of the. CITY's responsibility in. accordance with this
agreement from the assessment fees..collected during the aO t period for the
DEVELOPERS property, South Ridge Subdivision.
K. Term of Agreement.
Payments shall continue under this agreement for a period of 6 (five) years from the
date of execution of this agreement by CITY, or until DEVELOPER is reimbursed the
full amount of $128,858.23, whichever occurs first. The City ordinance in effect at the
time of -execution of this agreement does not allow the term of this agreement to
extend beyond 5 (five) years. If the DEVELOPER has not been reimbursed the
estimated "amount as shown above after five.(6) years from the date of this agreement,
and if the CITY ordinance has been amended to allow this agreement to be extended
beyond a five year period, then this agreement may be extended by mutual Agreement
of the CITY and the DEVELOPER. This provision is intended to allow CITY to
Page 5of11
consider extending this agreement if allowed by ordinance and does not commit CiTY
to agree to such an extension if allowable.
L. Mater and Sewer Lines on DEVELOPER's Property.
As a condition for CITY entering this Agreement, DEVELOPER has or will request and
submit to inspections by the Public Works Department and/or the Building Department
of CiTY whenever a building is to be connected to any and all portions of the Project
constructed and installed bn and/or within DEVELOPER's property.
M. Compliance with Laws.
1. In constructing and installing the Project on and/or within its property,
DEVELOPER, at its sole expense, shall comply with any and all laws, orders and
regulations of f=ederal, State and local authorities and at DEVELOPER's sole expense
shall obtain any and all licenses or permits which may be required for or in the course
of the performance of this Agreement.
2. Upon connection to the City of Meridian water and sanitary system, DEVELOPER
shall abide by all applicable CiTY laws, rules and regulations pertaining to water and
sanitary sewer systems,
N. Indemnification and Insurance.
DEVELOPER shall include in all contracts between DEVELOPER and the contractors
the indemnification and insurance requirements as set forth in this paragraph. All
contractors shall indemnify and save and hold harmless CITY and DEVELOPER from
and for any and all losses, claims, actions, judgments for damages, and/or Injury to
persons or property and' lasses and expenses caused or incurred by contractorsr their
servants, agents, employees, guests, and/or business invitees, and not caused by pr
arising out of tortious conduct of CITY or ifs employees or its DEVELOPER. In
addition all contractors shall maintain, and specifically agrees that it will maintain,
throughout the pendency of this Agreement, liability insurance in which CITY and
DEVELOPER shall be named insured in the minimum amount as specified in the Idaho
Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. "The limits of such
insurance shall not be deemed a limitation of the covenants to Indemnify and save and
hold harmless CITY and DEVELOPER, and if CITY and -DEVELOPER become liable
for an amount in excess of the. insurance limits herein provided City and DEVELOPER
covenants and agrees to indemnify and save and hold harmless CITY from and for all
such losses, claims,•actions and/or judgments for damages and/or liability to persons
and/or property. DEVELOPER shall provide CITY with a certificate of insurance
evidencing DEVELOPER'S compliance with the requirements of this paragraph by
filing such proof of insurance with the City Purchasing Manager. In the event the
insurance minimums of the Idaho Tort Claims Act are changed, CITY shall notify
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DEVELOPER of such change, and DEVELOPER shall immediately submit proof of
compliance with the changed limit. City hereby indemnifies and saves and holds
harmless DEVELOPER from and for any and all losses, claims, actions judgments for
damages, and/or injury to persons or property and losses and expenses caused or
incurred by CITY, its servants, agents, employees, -and those parties under the control
or direction of the CITY. The duty to indemnify shall also include the duty to defend
DEVELOPER at the CITY'S cost.
0. No Assignment.
DEVELOPER shall not assign any portion of this Agreement or any privilege here
under, either voluntarily or involuntarily, without the prior written consent of the CITY,
which consent shall not be unreasonably withheld.
P. Remedies upon Default.
1. Default by DEVELOPER. In addition to such other remedies at law or inequity that
CiTY may have, in the event DEVELOPER fails or neglects to perform its obligations
under the terms and provisions of this Agreement in the time and manner required
herein, CITY may withhold any reimbursement due to DEVELOPER hereunder until
such default is corrected to the satisfaction of CITY.
2. Default by CITY. In the event CITY fails or neglects to perform its obligations under
the terms and provisions of this Agreement in the time and manner required herein,
DEVELOPER shall be entitled to all remedies available at law or in equity.
Q. Attornev Fees.
Should either party find it necessary to employ an attorney for representation in any
action seeking enforcement of any provision of this Agreement, or to recover damages
for breach of this Agreement, or to resolve any disagreement as to the interpretation of
this Agreement, the unsuccessful party in any final judgment or award entered
pursuant to such action shall reimburse the prevailing party for all reasonable costs,
charges and expenses, including attorneys' fees expended or incurred by the
prevailing party in connection therewith and In connection with any appeal, and the
same may be included in such judgment or award. This provision shall be deemed to
be a separate contract between the parties and shall survive any default, termination or
forfeiture of this Agreement.
R, Notices.
Page 7 of I I
Any notice desired by the parties and/or required by this Agreement shall be sent via
United States Mail, registered or certified mail, postage prepaid, return receipt
requested, and shall be addressed as follows;
CITY:
City Engineer
City of Meridian
33 E. Broadway Ave, Suite # 102
Meridian, Idaho 83642
with copy to:
Purchasing Manager
City of Meridian
33 E. Broadway Ave, Suite # 106
Meridian, Idaho 83642
DEVELOPER:
JLJ Enterprises Inc.
1660 Carol Street
Meridian, Idaho 83642
Such notice shall be deemed delivered if and when delivery is accepted orthree (3)
days after deposit in the United States Mail. Either party shall have the right to change
its address by delivering to the other party a written notification thereof in accordance
with the requirements of this section.
S. Governing Law,
This Agregment shall be governed by and construed in a_peordance with the laws„of the
State of Idaho and the ordinances of the City of Meridian.
All exhibits to this Agreement are incorporated by reference and made a part of this
Agreement as if the exhibits were set forth in their entirety in this Agreement.
U, gntil re Agreement,
This Agreement and the exhibits hereto constitute the full and entire understanding and
agreement between the parties with regard to the transaction contemplated herein, and
Page 8 of 11
no party shall be liable or bound to any other in any manner by any representations,
warranties, covenants and.agreements except as specifically set forth herein.
The term "DEVELOPER's Property" in the Agreempnt shall mean the parcels shown
on Exhibit "A" attached hereto, and more specifically all of the property Included in the
South Ridge Subdivision,
W. Binding Effect.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their heirs, successors and assigns, and shall survive any transfer by DEVELOPER of
DEVELOPER'S Propgrty.
X. Reports and Information;
At such times and in such forms as the CITY may require, DEVELOPER shall furnish
to CITY such statements, records, reports, data.and information as the CITY may.
request pertaining to matters covered by this Agreement.
Y. Audits and inspectlans.
At anytime during business hours and as often as the CITY may deem necessary,
there shajI be made available to.the CITY for examinatign all of DEVELOPER's..
records with respect to all matters covered by this Agreement. DEVELOPER shall
permit the CITY to audit, examine, and copy such records, and to make,audits of all
contracts, invoices, materials, payrolls, records of personnel, conditions of employment
and other data relating to all matters covered by this Agreement.
Z. Construction and Severability.
If any part of this Agreement is held to be invalid or unenforceable, such holding will
not affect the validity or enforceability of any other part of this Agreement so long as
the remainder of the Agreement is reasonably capable of completion.
Page 9 of 11
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their
duty authorized officers the day and year first above written,-
DEVELOPER:
ritten;
DEVELOPER: JLJ Enterprises, Inc
Tittle
t2-bv�
Bate
BYY
�l6
TAMMY de WPARD, MAYOR Date
FQ
..r�-H Vr iTY o
Approved as to Content
TH WATTS, PURCHASING MANAGER
Dated:
i
Page 10 of 11
STATE OF IDAHO )
County of Ada )
On this 12' day of_&A116 k 2009, before me the undersigned, a
Notary Public in and for said State, personally appeared -ame s L, Se-y'dil
known or identified to me to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
At k -
Notary Pu 46 For Idaho
Residing at; AIAM �" p °®��' a �� �
Commission Expires:_- - 1- t i - Z.n i s +®` QP I'D
STATE OF IDAHO )
) ss
County of Ada }
On this day of.- M c,V- cy, 2009, before me the undersigned, a
Notary public in and for said State, personally appeared TAMMY de WEERD and Jain,
GCOY' 1141_-l%M, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, who
executed the within Instrument and acknowledged to me.that they executed the -same on
behalf of the.City of Meridian
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
Residing at: K
Commission Expires:
Page 11 of 11
RESOLUTION EXTENDING THE COOPERATIVE CONSTRUCTION AND
REIMBURSEMENT AGREEMENT WITH JLJ ENTERPRISES AND THE CITY OF
MERIDIAN ENTERED INTO ON OR ABOUT MARCH 10-12, 2009
1"m
SETTLEMENT 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" ), Bitterereek 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, BIock 1 of the Bitterereek
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 I and Lot 2 is a Sewer Line but the portion of the sewer
Settlement and Mutual Release Agreement - 1
45406.0001.6120430.7
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 of 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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45406.0001.6120430.7
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 PIaintiffs 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
Settlement and Mutual Release Agreement - 3
45406.0001.6120430.7
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 ,fudge. 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 fling of the
Settlement and Mutual Release Agreement - 4
45406.0001.6120430.7
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,lnc.
3891 W. Daisy Creek St
Meridian, ID 83642
Kelly: Tim Kelly
3891 W. Daisy Creek St
Meridian, ID 83642
18. ENT= 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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45406.0001.6120430.7
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 PIaintiffs.
[Signature Page(s) Follow]
Settlement and Mutual Release Agreement - 6
45406.0001.6120430.7
Tim Kelly
Date:
Attest:
Deputy City Clerk
Settlement and Mutual Release Agreement - 7
Bittercreek Meadows Subdivision Homeowners
Association, Inc.
so
Rob McCarvel, President
Date:
City of Meridian:
Date:
Tammy de Weerd, Mayor
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. Bitterereek Meadows Subdivision Homeowners Association, Inc. ("HOA")
and Tim Kelly ("Kelly") commenced an action in the District Count 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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45406.0001.6120430.7
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.
(e) 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 lie/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.
S. 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 Iaw 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.
Settlement and Mutual Release Agreement - 9
45406.0001 ,6120430, 7
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.
S. 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:
Tammy de Weerd, Mayor
Date:
[Homeowner Signature Page(s) Follow]
Settlement and Mutual Release Agreement - 10
A-1 -
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
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 Witt miss
LOT 16
45406.0001.6 120410 7
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
Holl Py apa
LOT 22
Erik Richardson
Maggie Richardson
LOT 24
Tim Kelly
Susan Kelly
LOT 26
Rhonda McCarvel
Rob McCarvel