Loading...
HomeMy WebLinkAboutR-2004-100 Boise Cascade Corporation Settlement & Release AgreementRESOLUTION NO. R-2004- 100 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Settlement and Release Agreement with Boise Cascade Corporation to resolve the City's claims against Boise Cascade Corporation for past sewer charges. WHEREAS, RCW 35.67.020 provides the City with full authority to control and regulate the provision of sewer services, including the authority to collect the charges for such services; and WHEREAS, the City has made a claim against Boise Cascade Corporation to collect sewer undercharges; and WHEREAS, Boise Cascade Corporation has agreed to settle the City's claim by payment of $337,500.00, and has requested that the City enter into a settlement agreement entitled "Release in Full;" and WHEREAS, the City Council finds it to be in the best interest of the City to authorize and direct the City Manager to enter into and execute the attached settlement agreement with Boise Cascade Corporation; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council of the City of Yakima hereby authorizes and directs the City Manager of the City of Yakima to execute the attached settlement agreement entitled "Release in Full" with Boise Cascade Corporation. ADOPTED BY THE CITY COUNCIL this 6th day of July, 2004. Paul P. George, Mayor ATTEST: Karen R. Roberts City Clerk RELEASE IN FULL RECEIVED OF BOISE CASCADE CORPORATION ("BOISE") as the Released Party, the sum of Three Hundred Thirty -Seven Thousand, Five Hundred and No/100 Dollars ($337,500.00), by BOISE'S Draft Number 0001543069 made payable to the CITY OF YAKIMA ("CITY"). IN CONSIDERATION of said sum the City of Yakima hereby completely releases and forever discharges BOISE, and each of its officers, directors, employees and agents, of and from any and all past and present claims, demands, obligations, actions, causes of action and rights, whether sounding in tort or in contract, including such as may arise in the future, which seek recovery for wastewater utility charges and fees relative to the operation of the BOISE mill formerly located in the City of Yakima, Yakima County, Yakima, Washington and billings on CITY'S sewer account numbers 8620 and 8623. AS PART OF THE CONSIDERATION of the agreed settlement, CITY hereby agrees to defend, indemnify and hold harmless BOISE, and its respective officers, directors, employees, agents, assigns, successors and/or representatives, from all claims and actions, now or in the future, as may arise out of the wastewater and/or sewer billings and billings on accounts for CITY's wastewater account numbers 8620 and 8623, which have or may result from or arise out of the actions of CITY. AS PART OF THE CONSIDERATION of the agreed settlement, BOISE hereby agrees to defend, indemnify and hold harmless CITY, and its respective officials, officers, directors, employees, agents, assigns, successors and/or representatives, from all claims and actions, now or in the future, as may arise out of the wastewater and/or sewer billings and 1 billings on accounts for CITY's wastewater account numbers 8620 and 8623, which have or may result from or arise out of the actions of BOISE. IT IS HEREBY EXPRESSLY AGREED AND UNDERSTOOD that the payment of said sum is not, and is not to be construed as, an admission on the part of the Parties of any liability whatsoever in consequence of said claim, but that payment is in compromise and settlement of a claim which is denied and disputed by the said Parties. THE UNDERSIGNED HEREBY DECLARES that the terms of this settlement have been completely read and that the CITY and BOISE have had an opportunity to discuss the contents of this Release with their attorneys. The undersigned hereby declares that the terms of this settlement have been fully understood and voluntarily accepted for the purpose of making a full and final settlement of any and all claims of injury and damages, disputed or otherwise, on account of the aforesaid claims. DATED at Yakima, Washington, this sQ p day of July, 2004. CITY OF YAKIMA By: R. A. Zais Jr., ity Manager ATTEST: Karen R. Roberts, City Clerk DATED at ii©ise , Idaho , this 13th day of July, 2004. BOISE CASCADE CORPORATION Vi.AkBy: Its: 2 STATE OF WASHINGTON ) ) ss. County of Yakima ) On this 02(0 day of July, 2004, before me personally appeared R. A. Zais, Jr., to me known to be the City Manager of the City of Yakima, a Washington municipal corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned. STATE OF County of NOTARY N PUBLIC 414 Print Name: Vl V a- / 8 f?X 1401 &- Notary Public in and for the State of Washington, residing at Yakima. My commission expires (o'' -O (o On this j 3 rc day of July, 2004, before me personally appeared 2,4e, I- fr,/v &/- to me known to be the r,ncy, �,'a /moi,,, ,,.-- of Boise Cascade Corporation, a corporation, that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned. Print Nam�0 _nPr� o eSS F. YLJ Notary Public lic in and for the State of (6 r1- H O , residing at 2-'5'3] 66: My commission expires (v -] a009\,-) LEGAL DEPARTMENT 200 South Third Street Yakima, Washington 98901-2830 July 27, 2004 Ms. Laura D. McAloon Paine, Hamblen, Coffin, Brooke & Miller, LLP 717 West Sprague Avenue, Suite 1200 Spokane, WA 99201-3505 Re: Boise Cascade Wastewater Charges Dear Laura: Thank you for sending Boise Cascade Corporation's check in the amount of $337,500, which has been forwarded to the City Finance Department for deposit. Enclosed is a copy of the executed Release in Full, which has been executed by both the City and Boise Cascade. Thank you for working with the City to resolve this matter. I look forward to meeting you in the future. Sincerely, it, 6 C -11,„,.,,d.„ Helen A. Harvey HAH/ tar Enclosure cc: Dick Zais, City Manager Rita Anson, Manager, Finance Department Doug Mayo, Manager, Wastewater Division Jeffrey M. Kreutz, Meyer, Fluegge and Tenney, P.S. Divis oii (50g) 57-5-6030 Criminal D11'iS1011 (509) 575-6033 ° Fax (509) 575-6160 On" Or Y.�.:. LEGAL DEPARTMENT ?fOSouth 7llin' Street,Yaldma,Washington 93901 0E9)575 -EOM Fax( 61G0 PRIVILEGED AND CONFIDENTIAL COVERED BY THE ATTORNEY -MEW AND ATTORNEY WORK PRODUCT PRIVILEGES MEMORANDUM July 26, 2004 TO: Finance Department FROM: Helen A. Harvey, Assistant City Attorneyw' SUBJ: Boise Cascade Billing Matter - Settlement Check in the Amount of $337,500 is enclosed On July 6, 2004, the City Council approved a settlement with Boise Cascade in the amount of $337,500. Boise Cascade's settlement check in the amount of $337,500.00 has arrived at the Legal Department, with a settlement release that has been executed by Boise Cascade. Enclosed is the check in the amount of $337,500.00, for deposit by the City. cc: Dick Zais, City Manager Doug Mayo, Manager, Wastewater Division THE LAW OFFICE OF c PAINE, HAMBLEN, COFFIN, BROOKE & MILLER LLP Laura D. McAloon Attorney at Law (509) 455-6036 lmcaloon @painehamblen.com Helen A. Harvey Assistant City Attorney City of Yakima Legal Department 200 South Third Street Yakima, WA 98901-2830 717 WEST SPRAGUE AVENUE SUITE 1200 SPOKANE, WASHINGTON 99201-3505 (509) 455-6000 FAX: (509) 838-0007 www.painehamblen.com July 20, 2004 Re: Boise Cascade/Sewer Charges Dear Helen: RFC F h .rJ• JUL2 2001 CITY LEGAL DEPT, Enclosed please find Boise Cascade Corporation's draft number 1543069 in the amount of $337,500 which represents the full and final settlement of the City of Yakima's Sewer Account Numbers 8620 and 8623. Also enclosed is an executed original of the Release in Full. Thank you for your assistance in bringing this matter to final resolution. I look forward to the chance to meet with you in person at one of the upcoming WSAMA meetings. Very truly yours, PAINE, HAMBLEN, COFFIN, BROOKE & MILLER LLP f if! .ura P . McAloon cc: Kindra Hansen, Boise Cascade 1:\Spodocs\14941\00020\Itr\O0I93437 WPD.kc A Limited Liability Partnership Paine Hamblen Spokane • Paine Hamblen Spokane Valley • Paine Hamblen Tri -Cities •Paine Hamblen Coeur d'Alene BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO. 4/1/ a FOR MEETING OF: July 6, 2004 ITEM TITLE: Consideration of a resolution authorizing and directing the City Manager of the City of Yakima to execute a Settlement and Release Agreement with Boise Cascade Corporation to resolve the City's claim against the Boise Cascade Corporation for sewer charges. SUBMITTED BY: Rita Anson, Finance Director Doug Mayo, Wastewater Manager CONTACT PERSON / TELEPHONE: Rita Anson, 575-6070 SUMMARY EXPLANATION: The City of Yakima and Boise Cascade Corporation have reached an agreement related to sewer undercharges that had accrued as a result of a faulty sewer meter. Boise Cascade Corporation has agreed to settle the City's claim for these charges with payment of $337,500. Boise Cascade Corporation has proposed entering into a release of claims by the City, conditioned on its payment of the settlement amount. The resolution will allow the City to resolve this matter by authorizing the City Manager to execute a Release Agreement relating to Boise Cascade Corporation. Resolution X Ordinance Other (Specify) Contract Mail to (name and address): Phone: Funding Source APPROVAL FOR SUBMITTAL: V City Manager STAFF RECOMMENDATION: Adopt resolution. BOARD RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2004-100.