HomeMy WebLinkAboutArcand, Jar J. and Deb - Release and Settlement Agreement RELEASE AND SETTLEMENT AGREEMENT
THIS RELEASE AND SETTLEMENT AGREEMENT (hereafter the "Agreement ")
is made and entered into by and between JAR J. ARCAND AND DEB ARCAND,
individually and on behalf of Santiago's Restaurant (hereafter referred to as
"Claimants ") and the CITY OF YAKIMA (hereafter referred to as "City ").
WHEREAS, Claimants have filed a Claim for Damages (hereafter called the
"Claim ") with and against the City of Yakima alleging, among other things, that
Claimants sustained damages as a result of a water leak that occurred on or about
October 25, 2014, when water from a City water line entered Santiago's Restaurant
located at 111 East Yakima Avenue, Yakima, Washington 98901.
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 and the mutual covenants and other considerations contained herein, the City
and Claimants agree as follows:
1. Settlement Payment to Claimants by the City. Simultaneously with and
in consideration for the execution and delivery of the Agreement, Cities Insurance
Association of Washington ( "CIAW ") , hereby delivers to the Claimant a settlement
check in the sum of Nineteen Thousand Five Hundred and 00/100 Dollars ($19,500.00)
made payable to "Jar Arcand and Deb Arcand." In December 2014, CIAW, on behalf of
the City, previously issued a check to the Claimants for $131.56 for the dryout services
performed by ServPro.
2. No Further Prosecution of the Claim. In consideration of the payment by
the City of said sum of $19,500.00 and the prior payment to Claimants of $131.56,
Claimants, representatives of Claimants, Claimants' successors and assigns, and
Santiago's 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 Claimants' and / or Santiago's Restaurant'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, agents, attorneys, employees, successors and
assigns, nor in any way aid in the prosecution of any claim, demand or action for
damages, costs, expenses or compensation for loss to their person, property, or both,
whether developed or undeveloped, relating to Claimants' and / or Santiago's
Restaurant's alleged damages from the Incident.
RELEASE AND SETTLEMENT AGREEMENT - 1
3. Release of the City by the Claimants. In further consideration of said
sum $19,500.00 and the prior payment to Claimants of $131.56, Claimants,
representatives of Claimants, Claimants' successors and assigns, and Santiago's
Restaurant do hereby irrevocably and forever release, acquit and discharge the City and
CIAW and the City's and CIAW's elected officials, officers, agents, attorneys,
employees, 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 sum of $19,500.00
and the prior payment to Claimants of $131.56, Claimants agree, represent and warrant
that Claimants realize and acknowledge, and agree to assume the risk, that actual
matters now unknown, unanticipated or misunderstood by Claimants in connection
with Claimants' and / or Santiago's Restaurant 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 Release and Settlement Agreement
have been negotiated and agreed to in light of the realization that Claimants
nevertheless intend to release, discharge and acquit the City and CIAW 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 Claimants. In
further consideration of the sum of $19,500.00 and the prior payment to Claimants of
$131.56, the Claimants shall defend, hold harmless and indemnify the City and CIAW,
the City's and CIAW's elected officials, officers, directors, agents, attorneys, employees,
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.
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 CIAW 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 water damage 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
410
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. Claimants Understand the Terms of This Agreement. In entering into
this Agreement, Claimants, through Claimants' authorized representative, represents
that Claimants have reviewed the terms of this Agreement and that those terms are
fully understood by the Claimants.
IN WITNESS WHEREOF, this Agreement has been signed by the Claimants and by the
City Manager.
\ � .10111. Date: PT c
'ar J. ■ rcana, individually and on
b • • .. • .. ntiago's Restaurant
14 ,
,/ / i Date: i.
a. Arcand, individually and o
be - f of Santiago's Restaurant
RELEASE AND SETTLEMENT AGREEMENT - 3
STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA )
On this day personally appeared before me Jar J. Arcand, to me known to be the
individual described herein and who executed the foregoing instrument, having
acknowledged to me that he had the authority to sign the same Release and Settlement
Agreement on his behalf and on behalf of Santiago's Restaurant, and acknowledged
that the foregoing instrument was signed by him as a free and voluntary act and deed
of him for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument.
{Y1 L
WITNESS my hand and official seal this (P day of Mareh, 2015.
� � V P�otARY •.�py Signatu - • rrf' I I 't
Zs. m • E xo = Print Name: BPC C s up-r" ( C W
. MY o2 1 0 � 120A NOTARY PUBLIC in and for the State of OO
J;•, ‘ c, 4 Washington residing at ( _,c0—t j L f
% 9 ' / T ''' My Commission expires
STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA )
On this day personally appeared before me Deb Arcand, to me known to be the
individual described herein and who executed the foregoing instrument, having
acknowledged to me that she had the authority to sign the same Release and Settlement
Agreement on her behalf and on behalf of Santiago's Restaurant, and acknowledged
that the foregoing instrument was signed by her as a free and voluntary act and deed of
her for the uses and purposes therein mentioned, and on oath stated that she was
authorized to execute said instrument.
1•i
WITNESS my hand and official seal this day of-Mar-ell, 2015.
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▪ . tos' _ Print Name: ' (' ,Fl ; ST A)R1c.7 (,.ev /\)
▪ My a 120
: NOTARY PUBLIC in and for the State of
Pue0�G \��� Washington residing at t rr & I l
TF O • . F . My Commission expires �-.- -
RELEASE AND SETTLEMENT AGREEMENT - 4
CITY OF YAKIMA
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By1111 Date: i f,. ---
Tony O'Ro ke, City Manager
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City Clerk 1 ��
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City Contract No.: 2015- C..)(_)S
RELEASE AND SETTLEMENT AGREEMENT - 5
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■ i PROPERTY PHOTO PROPERTY INFORMATION
i _ _ 'Parcel Address: 111E YAKIMA AVE, YAKIMA ,WA 98901
Parcel Owner(s): NETTL NETTLESHIP FAMILY TRUST
'
I Parcel Number: 19131923449 _ —_ Parcel Size: 2992 Square Feet -- —
'Property Use: Retail Eating _ __
) TAX AND ASSESSMENT INFORMATION
Tax Code Area (TCA): 331 'Tax Year: 2015
Improvement Value: $149500 __ _ Value: $26000_
I CurrentUse Value: $0 ICurrentUse Improvement: $0
,' New Construction:$0 Total Assessed Value:$175500
I
OVERLAY INFORMATION
Zoning: CBD __ 'Jurisdiction: Yakima (Urban Area Zoning Ordinance)
Urban Growth Area: Yakima — - ( Future Landuse Designation: (CBD) CBD Core Commercial (Yakima Urban Area Plan)
##FEMA: Not in flood lain X FIRM Panel Number: 53077C1032D
- LOCATION INFORMATION _
i+ Latitude:46° 36' 09.686" Pfm Longitude:-120° 30' 19.963" zmn a�_ R19Township:13 Section:19
—^
Narrative Description: YAKIMA: LOT 6 BLK 30 -- -- - "`_ -__ - - __._.__�
DISCL.AIfL�IEf', —
'MAP AND PARCEL DATA ARE BELIEVED TO BE ACCURATE, BUT ACCURACY IS NOT GUARANTEED; THIS IS NOT A LEGAL
DOCUMENT AND SHOULD NOT BE SUBSTITUTED FOR A TITLE SEARCH, APPRAISAL, SURVEY, FLOODPLAIN OR ZONING
VERIFICATION
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