HomeMy WebLinkAboutR-2018-055 Damage Claim Settlement Agreements with Sandy Armijo and Carolyn PiersonA RESOLUTION
RESOLUTION NO. R-2018-055
authorizing consent to settlements entered into by the City of Yakima to
resolve and settle damage claims brought by Sandy Armijo and by Carolyn
Pierson.
WHEREAS, on February 12, 2018, a damage claim was filed with the City Clerk's Office
by claimant Sandy Armijo relating to a sewer backup that occurred on February 9, 2018, at his
residence located at 411 North 56th Avenue, Yakima, Washington, and
WHEREAS, on April 20, 2018, a damage claim was filed with the City Clerk's Office by
claimant Carolyn Pierson relating to the sewer backup that occurred at 411 North 56th Avenue,
Yakima, Washington, for damages to some of her personal property located at that location, and
WHEREAS, the City of Yakima is a member of the Cities Insurance Association of
Washington ("CIAW"), and the City has a $100,000 deductible on CIAW claims; and
WHEREAS, a settlement has been reached with each of 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 $87,264 41 to claimant Sandy Armijo for damages to his residence and for personal
property damages, and
WHEREAS, final payment on this claim will be made by CIAW on behalf of the City in the
amount of $1,325 to claimant Carolyn Pierson for her personal property damages, and
WHEREAS, the total amount paid pursuant to the two settlements will be $88,589.41, and
the City will pay the settlements through reimbursement to CIAW because they are 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 settlements entered into by the City of Yakima and
the claimants to resolve and conclude the damage claims, 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 each claimant in his or her Release and Settlement Agreement to resolve and settle the
damage claims brought by Sandy Armijo and by Carolyn Pierson.
ADOPTED BY THE CITY COUNCIL this 19th day of June, 2017
RELEASE AND SETTLEMENT AGREEMENT
THIS RELEASE AND SETTLEMENT AGREEMENT (hereafter the
"Agreement") is made and entered into by and between SANDY ARMIJO
(hereafter referred to as "Claimant") and the CITY OF YAKIMA (hereafter
referred to as "City").
WHEREAS, Claimant has filed a Claim for Damages (hereafter called the
"Claim") with and against the City of Yakima alleging, among other things, that
Claimant sustained damages as a result of a sewer backup that occurred on
February 9, 2018, when sewage from a City sewer line backed up into the
residence owned by the Claimant, located at 411 N. 56th Avenue, Yakima,
Washington, (hereafter the "Incident").
WHEREAS, Claimant and the City wish to settle and compromise the
Claim.
NOW, THEREFORE, in consideration of the matters set forth in the
foregoing recitals and the mutual covenants and other considerations contained
herein, the City and Claimant agree as follows:
1. Settlement Payment to Claimant by the City. In consideration for
the execution and delivery of the Agreement, CIAW, on behalf of the City, will
deliver to the Claimant, a settlement check in the sum of Eighty Seven Thousand
Two Hundred Sixty -Four Dollars and 41/100 ($87,264.41).
2. No Further Prosecution of the Claim. In consideration of the
payment of said Eighty Seven Thousand Two Hundred Sixty -Four Dollars and
41/100 ($87,264.41) settlement check, Claimant, Claimant's spouse(s),
representatives of Claimant's estates, Claimant's beneficiaries, heirs, children,
grandchildren, successors and assigns shall not further prosecute this Claim and
shall never, by reason of any matter or cause heretofore occurring or by any
reason of any matter or cause hereafter occurring relating to Claimant's alleged
damages from the Incident (whether said matter or cause is known or unknown,
developed or undeveloped, at the date of executing this Release and Settlement
Agreement), institute suit or action at law or in equity or otherwise execute any
judgement against the City and the City's elected officials, officers, directors,
agents, attorneys, employees, successors, assigns and CIAW, nor in any way aid in
the prosecution of any claim, demand or action for damages, costs, expenses or
compensation for loss to his person, property, or both, whether developed or
undeveloped, relating to Claimant's alleged damages from the Incident, or to any
claim related to any future sewage backup incident, if any, at Claimant's property
RELEASE AND SETTLEMENT AGREEMENT -1
where a functioning backflow valve at the Claimant's property would prevent the
Incident.
3. Release of the City by the Claimant. In further consideration of the
Eighty Seven Thousand Two Hundred Sixty -Four Dollars and 41/100 ($87,264.41)
settlement check, Claimant, Claimant's spouse(s), representatives of Claimant's
estates, Claimant's 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
whatsoever, known or unknown, arising out of, relating to, or resulting from the
Incident, and to any claim related to any future sewage backup incident, if any at
Claimant's property where a functioning backflow valve at the Claimant's
property would prevent the Incident.
4. Claimant Shall Install a Backflow Valve. In further consideration
of the Eighty Seven Thousand Two Hundred Sixty -Four Dollars and 41/100
($87,264.41) settlement check, and in order to prevent future sewer backups at his
property, Claimant agrees, represents and warrants to install, at his expense, a
properly functioning backflow valve at this property located at 411 N. 56th
Avenue, Yakima, Washington. With regard to said installation, Claimant also
agrees to, represents and warrants that he shall obtain the necessary City permit(s)
to install said backflow valve and that said backflow valve shall be installed in
accordance with the Yakima Municipal Code and all other applicable rules,
regulations and laws. Once said backflow valve is installed, Claimant will have it
inspected by a representative of the Codes Division of the City.
5. Assumption of Risk. In further consideration of the Eighty Seven
Thousand Two Hundred Sixty -Four Dollars and 41/100 ($87,264.41) settlement
check, Claimant agrees, represents and warrants that Claimant realizes and
acJ.rtowledges, and agrees to assume the risk, that actual matters now unknown,
unanticipated or misunderstood by him in connection with Claimant's 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 agrees, represents and warrants
that the releases in this Release and Settlement Agreement have been negotiated
and agreed to in light of the realization that Claimant nevertheless intends 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.
6. Indemnification and Hold Harmless of the City by Claimant. In
further consideration of the Eighty Seven Thousand Two Hundred Sixty -Four
Dollars and 41/100 ($87,264.41) settlement check, the Claimant, Claimant's
RELEASE AND SETTLEMENT AGREEMENT - 2
spouse(s), representatives of Claimant's estates, Claimant's beneficiaries, heirs,
children, grandchildren, successors and assigns shall defend, hold harmless and
indemnify the City, the City's elected officials, officers, directors, agents, attorneys,
employees, insurers, CIAW, successors and assigns, from any and all liabilities,
demands, taxes, claims, cross claims, counterclaims, actions, suits, damages,
penalties, costs, losses, expenses, interest, court costs, and attorney's fees of any
kind or nature whatsoever, known or unknown, arising out of, or resulting from
the Incident, including but not limited to subrogation claim(s) of any third party
arising from the described Incident.
7. No Admission of Liability. 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 in claims or lawsuits by other
Claimants relating to sewage backup claims. Notwithstanding the immediately
preceding sentence, this Agreement, if otherwise admissible, may be introduced
into evidence at any proceeding between or among the parties to enforce its terms.
8. Severability. If any provision of the Agreement is prohibited by law
or otherwise determined to be invalid or unenforceable by a court of competent
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.
10. Venue. The venue for any action to enforce or interpret this
Agreement shall lie in the Superior Court of the State of Washington for Yakima
County.
11. Claimant Understands the Terms of This Agreement. In entering
into this Agreement, Claimant represents that Claimant has reviewed the terms of
this Agreement and that those terms are fully understood by the Claimant.
IN WITNESS WHEREOF, this Agreement has been signed by Claimant and by the
City Manager.
DATED this 11 day of June, 2018
RELEASE AND SETTLEMENT AGREEMENT - 3
STATE OF WASHINGTON
) t.
) ss.
COUNTY OF YAKIMA )
On this day personally appeared before me Sandy Armijo, to me known to
be the individual described herein and who executed the forgoing instrument,
having acknowledged to me that the same was signed by Claimant as a free and
voluntary act and deed for the uses and purposes therein mentioned.
WITNESS my hand and official seal this // day of
CRAIG M. NANCE
STATE OF WASHINGTON
NOTARY PUBLIC
MY COMMISSION EXPIRES
08-18-18
CITY OF YAKIMA
By: r/
City ager
ATTEST:
Signa
Print
NOTARY PUBLIC in and for the State of
Washington residing at yi9-/ /"t 4 -
My Commission expires if" —/ 5
City Clerk
Resolution No. R-2018- D575-
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RELEASE AND SETTLEMENT AGREEMENT - 4
RELEASE AND SETTLEMENT AGREEMENT
THIS RELEASE AND SETTLEMENT AGREEMENT (hereafter the
"Agreement") is made and entered into by and between CAROLYN PIERSON
(hereafter referred to as "Claimant") and the CITY OF YAKIMA (hereafter
referred to as "City").
WHEREAS, Claimant has filed a Claim for Damages (hereafter called the
"Claim") with and against the City of Yakima alleging, among other things, that
Claimant sustained damages as a result of a sewer backup that occurred on
February 9, 2018, when sewage from a City sewer line backed up into the
residence owned by Sandy Armijo, located at 411 N. 56th Avenue, Yakima,
Washington, (hereafter the "Incident").
WHEREAS, Claimant and the City wish to settle and compromise the
Claim.
NOW, THEREFORE, in consideration of the matters set forth in the
foregoing recitals and the mutual covenants and other considerations contained
herein, the City and Claimant agree as follows:
1. Settlement Payment to Claimant by the City. Simultaneously with
and in consideration for the execution and delivery of the Agreement, CIAW, on
behalf of the City, will deliver to the Claimant, a settlement check in the sum of
Thirteen Hundred Twenty -Five Dollars and 00/100 ($1,325.00).
2. No Further Prosecution of the Claim. In consideration of the
payment of said Thirteen Hundred Twenty -Five Dollars and 00/100 ($1,325.00)
settlement check, Claimant, Claimant's spouse(s), representatives of Claimant's
estates, Claimant's beneficiaries, heirs, children, grandchildren, successors and
assigns shall not further prosecute this Claim and shall never, by reason of any
matter or cause heretofore occurring or by any reason of any matter or cause
hereafter occurring relating to Claimant's alleged damages from the Incident
(whether said matter or cause is known or unknown, developed or undeveloped,
at the date of executing this Release and Settlement Agreement), institute suit or
action at law or in equity or otherwise execute any judgement against the City and
the City's elected officials, officers, directors, agents, attorneys, employees,
successors, assigns and CIAW, nor in any way aid in the prosecution of any claim,
demand or action for damages, costs, expenses or compensation for loss to her
person, property, or both, whether developed or undeveloped.
3. Release of the City by the Claimant. In further consideration of the
Thirteen Hundred Twenty -Five Dollars and 00/100 ($1,325.00) settlement check,
RELEASE AND SETTLEMENT AGREEMENT -1
Claimant, Claimant's spouse(s), representatives of Claimant's estates, Claimant's
beneficiaries, heirs, children, grandk hildren; 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 whatsoever, known or
unknown, arising out of, relating to, or resulting from the Incident.
4. Assumption of Risk. In further consideration of the Thirteen
Hundred Twenty -Five Dollars and 00/100 ($1,325.00) settlement check, Claimant
agrees, represents and warrants that Claimant realizes and acknowledges, and
agrees to assume the risk, that actual matters now unknown, unanticipated or
misunderstood by him in connection with Claimant's 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 agrees, represents and warrants that the releases in
this Release and Settlement Agreement have been negotiated and agreed to in
light of the realization that Claimant nevertheless intends 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.
5. Indemnification and Hold Harmless of the City by Claimant. In
further consideration of the Thirteen Hundred Twenty -Five Dollars and 00/100
($1,325.00) settlement check, the Claimant, Claimant's spouse(s), representatives of
Claimant's estates, Claimant's beneficiaries, heirs, children, grandchildren,
successors and assigns shall defend, hold harmless and indemnify the City, the
City's elected officials, officers, directors, agents, attorneys, employees, insurers,
CIAW, successors and assigns, from any and all liabilities, demands, taxes, claims,
cross claims, counterclaims, actions, suits, damages, penalties, costs, losses,
expenses, interest, court costs, and attorney's fees of any kind or nature
whatsoever, known or unknown, arising out of, or resulting from the Incident
relating to Ms. Pierson's personal property, including but not limited to
subrogation claim(s) of any third party arising from the described Incident.
6. No Admission of Liability. 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 in claims or lawsuits by other
Claimants relating to sewage backup claims. Notwithstanding the immediately
preceding sentence, this Agreement, if otherwise admissible, may be introduced
into evidence at any proceeding between or among the parties to enforce its terms.
RELEASE AND SETTLEMENT AGREEMENT - 2
1
7. Severability. If any provision of the Agreement is prohibited by law
or otherwise determined to be invalid or unenforceable by a court of competent
jurisdiction, such provision shall not affect the validity of the remaining provisions
of this Release and Settlement Agreement.
8. Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington.
9. Venue. The venue for any action to enforce or interpret this
Agreement shall lie in the Superior Court of the State of Washington for Yakima
County.
10. Claimant Understands the Terms of This Agreement. In entering
into this Agreement, Claimant represents that Claimant has reviewed the terms of
this Agreement and that those terms are fully understood by the Claimant.
IN WITNESS WHEREOF, this Agreement has been signed by Claimant.
DATED this \ \ day of June, 2018
By: Q\ --
CAROL
' PI SON
STATE OF WASHINGTON
COUNTY OF YAKIMA
) ss.
On this day personally appeared before me Carolyn Pierson, to me known
to be the individual described herein and who executed the forgoing instrument,
having acknowledged to me that the same was signed by Claimant as a free and
voluntary act and deed for the uses and purposes therein mentioned.
Z..4&WITNESS my hand and official seal this / / day of June, 2018.
CRAIG M. NANCE
STATE OF WASHINGTON
NOTARY PUBLIC
MY COMMISSION EXPIRES
08-18-18
Resolution No. R-2018-055-
Signatu
Print Na
NOTARY PUBLIC in and for the State of
/114-/vG67
Washington residing at
My Commission expires e - /cP �d
RELEASE AND SETTLEMENT AGREEMENT - 3
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
1
Item No. 6.F.
For Meeting of: June 19, 2018
ITEM TITLE: Resolution authorizing consent to settlements entered into by the
City of Yakima to resolve and settle damage claims brought by
Sandy Armijo and by Carolyn Pierson
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 two
settlements entered into by the City of Yakima ("City') to resolve and settle the damage claims
filed by Sandy Armijo on February 12, 2018, and by Carolyn Pierson on April 20, 2018. In their
damage claims, the claimants alleged damages from a sewer backup that occurred on February
9, 2018 at the residence of Mr. Armijo located at 411 North 56th Avenue. Mr. Armijo's claim is for
damages to the residence and for personal property. Ms. Pierson's claim is for damages to
some personal property.
The claim against the City brought by Sandy Armijo has been settled for $87,264.41, and the
claim against the City brought by Carolyn Pierson has been settled for $1,325.00, for a total
settlement amount of $88,589.41, subject to the presentation of the settlements to the Yakima
City Council for its approval. A copy of each Release and Settlement Agreement is attached.
Because the total of the settlements is within the City's deductible of $100,000 with CIAW, the
settlement amounts will to be paid by the City through reimbursement to CIAW.
ITEM BUDGETED:
Yes
STRATEGIC PRIORITY: Public Trust and Accountability
APPROVED FOR
SUBMITTAL:
STAFF RECOMMENDATION:
Adopt Resolution.
2
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
• Res d uti on 6/11/2018 Resolution
• Settlement Agreement -Armijo 6/11/2018 Backup Material
• Settlement Agreement - Pierson 6/11/2018 Backup Material