HomeMy WebLinkAboutR-2017-058 Settlement Agreement with Dayle and Pauletta Champ RESOLUTION NO. R-2017-058
A RESOLUTION authorizing a settlement entered into by the City of Yakima to resolve and
settle the damage claim brought by Dayle and Pauletta Champ.
WHEREAS, on January 23, 2017, a damage claim was filed with the City Clerk's Office
by claimants Dayle and Pauletta Champ relating to a sewer backup that occurred on January 22,
2017, at their residence located in the 4700 block of Englewood Avenue, Yakima, Washington
98908, and
WHEREAS, the City of Yakima is a member of the Cities Insurance Association of
Washington ("CIAW") for most claims, including this claim, and the City has a $100,000
deductible on CIAW claims; and
WHEREAS, a settlement has been reached with the claimants to resolve and conclude
all claims in the matter; and
WHEREAS, final payment on this claim will be made by CIAW on behalf of the City in the
amount of $24,379 43 to the claimants Dayle and Pauletta Champ for payment of the balance
owed to Nathan Towell Construction for repairs and for personal property damages and
additional expenses, and
WHEREAS, the total amount, including prior payments, paid pursuant to the settlement
will be $64,136 98, and the City will pay the settlement through reimbursement to CIAW because
it is within the City's $100,000 deductible, and
WHEREAS, the City Council of the City of Yakima deems it to be in the interest of the City
to authorize the City Manager to consent to a settlement entered into by the City of Yakima and
the claimants to resolve and conclude the damage claim, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is authorized to consent to the settlement entered
into with the claimants in the Release and Settlement Agreement to resolve and settle the damage
claim brought by Dayle and Pauletta Champ
ADOPTED BY THE CITY COUNCIL this 16th day of May, 2017.
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ATTEST: Kathy C1pffey, .`, or
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Sonya lair ee, City CI 's":4'
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1101-0191a,
THIS RELEASE AND AGREEMENT 1
is made and entered into by and between DAYLE and t t CHAMP
referred to as "Claimants"'), and the CITY OF YAKIMA (hereafter referred to as "City")-
WHEREAS,
Damages
againstcalled the "Claim") with and
that Claimants sustained damages as a result of a sewer backup that occurred on
January 22, 2017, at the Claimants' residence that they own which is located at
4710 Englewood Avenue, Yakima, Washington (hereafter the ""Incident").
WHEREAS, Claimants and the City wish to settle and compromise the Claim.
NOW, THEREFORE, in consideration of the matters set forth in the foregoing
recitals MI
agreeand Claimants
consideration1. Settlement P!jyments of the g#3L. In
delivery of the Release and Settlement Agreement, r
Washington ("'CIAW") on behalf of the City delivers to the Claimants a final settlement
check in the sum of Twenty -Four e
Dolwork in their basement by Nathan Towell Construction, for contents damage and for
additional expenses incurred by claimants. In addition to this final payment, the
following payments previously have been made: on February lars
onbehalf
of the City delivered a
j check
}to the Claimants which was the requiredamountof %of the total
reconstruction cost for Nathan Towell Construction to begin work on the claimants'
e
CIAW on behalf of the Citdelivered
of Twenty -Two Thousand Three Hundred Twenty -Five and 32/100 Dollars ($22,325.32)
to Rainbow International ofYakima for mitigation servicesand content cleaning work;
and on April 10, 2017, CIAW on behalf of the City delivered a check in the sum of Two
Thousand Four Hundred Thirty -Two and 23/100 Dollars ($2,432.23) to the Claimants for
replacement of their washer, dryer and refrigerator. These prior payments totaled
$39,757.55. priorsettement
$39,757.55, which result in a total settlement amount of Sixty -Four Thousand One
Hundred Thirty -Six and 98/100 Dollars ($64,136.98) are the consideration for the
claimants' execution and delivery of this Release and Settlement
Agreement.
2. No Further Prosecution of the Claim._ In consideration of the payment b
the City of said Twenty -Four Thousand Three Hundred Seventy -Nine and 43/100
Dollars ($24,379.43) in a final settlement check, and the total settlement amount of ity-
LEASE AND SETTLEMENT AGREEMENT
Pagel of 5
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3. Release of the Cfty by the Claimants. In consideration of the payment by
the City of said Twenty -Four Thousand Three Hundred Seventy -Nine and 43/100
Dollars ($24,379.43) in a final settlement check, and the total settlement amount of Sixty -
Four Thousand One Hundred Thirty -Six and 98/100 Dollars ($64,136.98).. Claimants,
representatives of Claimants' estates, Claimants' beneficiaries, heirs, children,
grandchildren, successors and assigns do hereby irrevocably and forever release, acquit
and discharge the City and the City's elected officials, officers, directors, agents,
attorneys, employees, insurers, CIAW, successors and assigns, of and from and all
liabilities, claims, cross claims, counterclaims, actions, suits, damages, penalties, costs,
losses, expenses, interest, court costs, and attorney fees of any kind and nature
wh never, known or unknown, arising out of, relatin- to., or resulting from the Incident,
and for or relating to any claim related to any future sewage backup incident', if any at
Claimants' property where a functioning backflow valve at the Claimants' property
would prevent the Incident.
4. Claimants Shall Install a Backflow Valve. In consideration of the payme
by the City of said Twenty -Four Thousand Three Hundred Seventy -Nine and 43/1
Dollars ($24,379.43) in a final settlement check, and the total settlement amount of Sixt
Four Thousand One Hundred Thirty -Six and 98/100 Dollars ($64,136.98), and in order
prevent future sewer backups at Claimants" property, Claimants agree, represent a
t
warrant to install, at Claimants' expense, a properly functioning backflow valve at t
property located at 4710 Englewood Avenue, Yakima, Washington. With regard to sai
installation, Claimants also agree to, represent and warrant that Claimants shall obta
the necessary City permit(s) to install said backflow valve and that said backflow val
a M icival Code and all other ---,Iica �1)
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rules, regulations and laws,. and complete the installation within six months of the dal
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of settlement. Once said backflow valve is installed, Claimants will have it inspected by
a representative of the Codes Division of the City.
KVMBUFPM
matters now unknown, unanticipated or misunderstood by them in connection with
Claimants" alleged damages from the Incident may have given or hereafter give rise to
causes of action, claims, losses and expenses which are presently unknown,
unanticipated or unsuspected, or misunderstood, and further agree, represent and
warrant that the releases in this -R -We- Aggree-.-.-.e��t hcwe b2 -en neRtg�iated
and agreed to in light of the realization that Claimants nevertheless intend to release,
discharge and acquit the City from any such controversies, damages, costs, losses and
expenses which in any way are related to the Incident.
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demands, taxes, claims, cross claims, counterclaims, actions, suits, damages, penalties,
costs, losses, expenses, interest, court costs, and attorneys fees of any kind or nature
what%w-v-er, kx-rLw-D-4r unkneiAr:i�-2risixg out of, or resulting fro.-.�n flke,1Acident, i;wludinx
but not limited to subrogation claim(s) of any third party arising from the described
Incident.
-7. No Admission of Liabilfty. It is understood and agreed that this
Agreement is the compromise of a disputed claim, and that the payment made herein is
not to be construed as an admission of liability on the part of the City and the parties
hereby released, and that said releasees deny liability therefor. This Agreement is not
intended to be admissible against any party as an admission of liability and/or fault,
including but not limited to claims or lawsuits by other claimants relating to sewage
backup claims. Notwithstanding the immediately preceding sentence, this Agreement,
if othArw�o-aa4wui"-�&6, mi��= 2t :-xvxy prwcevw6ft, beiii"ee-i-rm
among the parties to enforce its terms.
8. Severability. If any provision of the Agreement is prohibited by law or
I
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jurisdiction, such provision shall not affect the validity of the remaining provisions of
this Release and Settlement Agreement.
9. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
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IN WITNESS WHEREOF, this Agreement has been signed by Claimants.
DATED this —�- day of May, 2017.
By:
DAYLE'tHAMP
By: /
PAUL TA CHAMP
STATE OF WASHINGTON
)ss.
COUNTY OF YAKIMA
On this day personally appeared before me, to me known to be Dayle Champ,
the individual described herein and who executed the foregoing instrument, having
each acknowledged to me that the same was signed by him as a free and voluntary act
and deed for the uses and purposes therein mentioned.
WITNESS my hand and official seal thisdayof May, 2017.
4 E NSCHUH
A7MINTREKE 71
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mistary paithe Signatur S
S= stm Of Washington Print la ea ti
7MyARQ4ntMfft EWM Jun 13, 2020 NOTARY PUBLIC in and for the State of
— — — — — — — — — — — - Wasl-tington residing at \Aalawa
My Commission expires
RELEASE AND SETTLEMENT AGREEMENT
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STATE OF WASHINGTON
COUNTYE YAKIMA )
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WITNESS my hand and official seal this-1—day of May, 2017,
Notary Public
state of Washington
My Appointment Expires Jun 13, 2020
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 6.H.
For Meeting of: May 16, 2017
ITEM TITLE: Resolution authorizing a settlement agreement to resolve and settle
the damage claim brought by Dayle and Pauletta Champ
SUBMITTED BY: Helen A. Harvey, Senior Assistant City Attorney
SUMMARY EXPLANATION:
This matter is on for consideration of a Resolution authorizing the City Manager to consent to a
settlement entered into by the City of Yakima to resolve and settle the damage claim filed by
Dayle and Pauletta Champ on January 23, 2017. In their damage claim, the claimants alleged
damages from a sewer backup that occurred on January 22, 2017 at their residence located in
the 4700 block of Englewood Avenue.
The claim against the City of Yakima has been settled for $64,136.98, subject to the presentation
of the settlement before the Yakima City Council for its consideration. A copy of the Release and
Settlement Agreement is attached. Previous payments have been made on this claim in the
amount of $39,757.55. The Resolution authorizes the City Manager to consent to an additional
payment to claimants in the amount of $24,379.43, for a total settlement amount of $64,136.98,
which includes the previous payments of $39,757.55. Because the settlement is within the City's
deductible of $100,000 with CIAW, the settlement amount is to be paid by the City through
reimbursement to CIAW.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Trust and Accountability
APPROVED FOR ,■.
SUBMITTAL: City Manager
STAFF RECOMMENDATION:
Adopt Resolution.
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date
resolution 5/912017
Release and Settlement Agreement 5/8/2017
Type
Co%er Memo