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HomeMy WebLinkAboutRalph & Sons -Termination agreement -Quote #22437S Fisher Golf Course pole installation projectAGREED TERMINATION OF AGREEMENT BETWEEN THE CITY OF YAKIMA AND RALPH & SONS This Agreed Termination of Agreement ("Termination") is entered into by and between the City of Yakima, a local government municipality ("City"), and Ralph & Sons ("Contractor"). The City and Contractor may collectively be referred to as the "Parties." RECITALS WHEREAS, the Parties entered into a contract dated April 8, 2025, identified as Contract No. 22437S, for the installation of ten poles at Fisher Park Golf Course ("Contract"); and WHEREAS, Contactor has indicated it wishes to terminate the Contract. The Parties now wish to enter into this Termination to avoid any required notice of termination required under the Contract and to allow the City to procure a new Contractor to perform the services at Fisher Park Golf Course. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows: 1. Termination: The Contract is hereby terminated as of the date this Termination is fully executed. Since the parties mutually agree to terminate the Contract, both parties hereby waive any written notice or other any other requirement to terminate as contemplated in the Contract. 2. Final Payment: The City agrees to make a final payment of $0 (zero dollars) to Contractor, representing full and final compensation for all services rendered and costs incurred through the termination date. Contractor acknowledges that this payment fully satisfies any and all claims it may have under the Contract. 3. Waiver and Release of Claims: Contractor hereby waives, releases, and forever discharges the City, its officers, employees, and agents from any and all claims, demands, causes of action, or liabilities of any kind, whether known or unknown, arising out of or related to the Contract. 4. No Admission of Liability: This Termination is not and shall not be construed as an admission of liability or wrongdoing by either Party. Contract Termination — 224375 5. Survival: Except as expressly stated herein, this Termination does not waive, modify, or avoid any terms and/or conditions of the Contract. IN WITNESS WHEREOF, the Parties have executed this Termination as of the date(s) set forth below. CITY OF YAM Name: Title: Ci Date: Contract Termination — 224375 RALPH & SON, By: Name: Mariza Sanchez Title: General Contractor Date: 05/01/25