HomeMy WebLinkAboutR-1990-D5794 Yakima Fruit & Cold StorageRESOLUTION NOD 5794
A RESOLUTION authorizing execution of a Settlement Agreement
with Yakima Fruit and Cold Storage, Oregon Fruit
Products, and Watermill Bins.
WHEREAS, Yakima Fruit and Cold Storage, Oregon Fruit
Products, and Watermill Bins have commenced a Superior Court
lawsuit against the City of Yakima for the November 17, 1987
fire loss of fruit storage bins in Yakima, Washington; and
WHEREAS, the City of Yakima desires to settle all claims
with Yakima Fruit and Cold Storage, Oregon Fruit Products, and
Watermill Bins arising out of the November 17, 1987 fire loss
of fruit storage bins; and
WHEREAS, the three aforementioned plaintiffs have agreed
to settle all claims arising out of said fire for the amount
of FIFTY THOUSAND DOLLARS ($50,000.00); and
WHEREAS, the City Council deems it to be in the best
interest of the City of Yakima to settle the aforementioned
lawsuit with the named plaintiffs, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk are hereby authorized
and directed to execute the attached and incorporated Settle-
ment Agreement and Release with Yakima Fruit and Cold Storage,
Oregon Fruit Products, and Watermill Bins; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
YAKIMA:
The City Clerk is hereby directed to transmit executed
copies of the aforementioned Settlement Agreement to Don
Schussler, together with a draft in the amount of FIFTY THOU-
(res/yakfruit.jv)
SAND DOLLARS ($50,000.00) payable to plaintiffs' attorney
Bogle & Gates, Attorney at Law Trust Account (Yakima).
ADOPTED BY THE CITY COUNCIL this ///7//day of
1990.
ATTEST:
City
Jerk
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(res/yakfruit.jv)
SETTLEMENT AGREEMENT AND RELEASE
THIS SETTLEMENT AGREEMENT AND RELEASE (Agreement) is
entered into this ?) day of C,' e , 1990, by and between
YAKIMA FRUIT & COLD STORAGE, a Washington corporation (YFCS),
OREGON FRUIT PRODUCTS, an Oregon corporation (Oregon), WATERMILL
BINS, a Washington corporation, (Watermill) and CITY OF YAKIMA, a
municipal corporation (City).
RECITALS:
A. YFCS owns and operates a fruit warehouse and bin
storage yard located in Yakima, Washington. At its storage yard
YFCS stores and did store in 1987, fruit bins belonging to it and
to other warehouse.
B. The City owns and/or has an easement over property
adjacent to YFCS storage yard. On or about November 17, 1987, a
fire started on this easement and spread to YFCS storage yard,
consuming a large number of fruit bins and also a small work shed
owned by YFCS.
C. Subsequent to the fire, YFCS, Oregon and Watermill
filed suit against the City contending it negligently caused the
fire and resulting damage. The City responded to this suit by
denying all allegations and contending that one or more of the
complaining parties was negligent or comparatively negligent and
caused their own damage.
D. Since suit filing, the parties have discussed the
various disputes and all parties now wish to resolve those
disputes without any admission as to the merits or lack of merits
of the underlying litigation as between the parties. To
accomplish this, YFCS, Oregon, Watermill and the City now agree
to settle their disputes upon the terms set forth below.
SETTLEMENT TERMS:
1. City Payments to Parties.
To resolve the parties dispute, the City agrees to pay
in settlement to YFCS, Oregon and Watermill jointly, the sum of
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FIFTY THOUSAND DOLLARS ($50,000). This amount shall be paid in
full within thirty (30) days of Agreement execution. All parties
agree this payment may be made by delivering one check in this
amount to the Bogle & Gates law firm, attorneys and agents for
YFCS, Oregon, and Watermill. Once paid, the settlement funds
will be divided between YFCS, Oregon and Watermill, pursuant to a
separate agreement and it is agreed the City shall have no
further responsibility for the division
funds.
or payment of settlement
2. Litigation Dismissal and Release
In consideration for the settlement payment set forth
in paragraph 2, YFCS, Oregon and Watermill each agrees on behalf
of itself, its insurers, agents, employees, predecessors,
successors and assigns, to release the City from all further
liability with regard to the subject fire loss and each named
entity further agrees to execute and file a dismissal with
prejudice of the February 1988 filed litigation against the City
3. Miscellaneous
This Agreement constitutes the entire agreement between
the parties and there are no other agreements express or implied.
All parties have been jointly represented by counsel in the
preparation of this Agreement and the Agreement is to be deemed
jointly prepared by all parties. Nothing in this Agreement is
intended to nor should be construed as an admission on the part
of any party as to the merits of its or another's position and
this Agreement has been executed as a matter of good faith
compromise only, to resolve the parties outstanding disputes.
YAKIMA FRUIT & iCOLD STORAGE
BY: �,-Z, Af'✓
It
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OREGON FRUIT PRODUCTS
BY: , ��1 (
Its:
WATERMILL BINS CITY OF YAKIMA
BY:
Its:
:)RBY : `
Its: City Manager
Attest:
City Clerk
City Contract No. 90-57
City Resolution No. D-5794
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