HomeMy WebLinkAboutSettlement Agreement - Jerry Waters Settlement Agreement
City of Auburn&Mr. Jerry J. Waters
THIS.AGREEMENT.is entered into this 8 day of March , 2024 by Mr.
Jerry J Waters, hereafter referred to as "Mr. Waters," and the City of Auburn, a municipal
corporation of Washington,hereafter referred to as City.
RECITALS
WHEREAS,the City is the owner of the Mountainview Cemetery,which was established
in 1890; and
WHEREAS, in 1978,the City cemetery sold niche number 68 to William and Jacqueline
Neville; and
WHEREAS, in 1984, the City accidentally re-sold niche number 68 to Mr. Waters. In
addition, Mr. Waters-purchased niche number 69. Mr. Waters paid in full at the time and was
provided a deed for the two niches. Both niches are located in the West Side Mausoleum; and
WHEREAS, the next year, the City accidentally re-sold niche number 69 to Edna G
Stewart; and
WHEREAS, in 1985 and 1995,niche 69 was occupied by Edna and Gordon Stewart after
their passing; and
WHEREAS, in 1997.and 2000,niche 68 was occupied by William and Jacqueline Neville
after their passing; and
WHEREAS, in 2023 the City discovered that Mr. Water's niches were occupied by non-
family members; and
WHEREAS, although Mr. Waters was unable to produce the deed for the niches,the City
offered to compensate Mr.Waters for his loss by giving him two substitute niches. Since the West
Side Mausoleum was full,the replacement niches were located in an exterior location; and
WHEREAS,Mr. Waters declined the City's offer but agreed to resolve the matter through
a payment by the City to him of$2,000.00. The parties agree that the City's payment of the sum
will entirely resolve all allegations and claims against the City.
SETTLEMENT AND RELEASE
Whereas Mr. Waters and the City desire to enter into a full and complete settlement of
claims and to execute a release discharging the City from,any liability or obligation,Mr. Waters
and the City agree as follows:
Payment of Funds. Upon completion of a W9 (attached),the City shall pay to Mr.
Waters $2,000.00 via check. The check shall be payable to Jerry J. Waters. The City shall
Settlement Agreement 1
deliver the settlement check to Mr. Waters within 14 days of execution of this Settlement
Agreement by both parties.
Release and Covenant Not to Sue. Mr. Waters, individually and representing any
marital community, and for all heirs, successors, assignees,principals, agents, and
representatives does hereby release, relinquish, and discharge the City, its officers, agents, and
employees from all claims, causes of action, suits,attorney's fee, and liabilities of any kind,
character or nature whatsoever,known or unknown,fixed or contingent, whether based in
contract, statute,tort, or otherwise, arising out of or related to the saleand use of niche 68 and
69. Mr. Waters covenants that he will never hereafter, individually or in a representative
capacity, institute or maintain any action at law or in equity against the City; its agents, officers
or employees on account of any claim or liability released herein.
Denial of Liability. This Settlement Agreement expresses the full and complete
settlement of a dispute. This Settlement Agreement does not constitute an adjudication or
finding on the merits and is not an admission of liability.
Warranty of No Assignments. Mr. Waters warrants and represents that he hasnot made
any assignment or transfer of any right, claim, demand, cause of action, or liability covered by
this Agreement.
Reliance Upon Own Judgment. In entering this Agreement,the parties represent that
they have relied upon the advice of their attorney, who are attorneys of their own choice,and that
each party fully understands the terms of this Agreement.
Complete Agreement. This instrument constitutes and contains the entire agreement
and understanding concerning the Settlement between Mr. Waters and the City, and supersedes
and replaces all prior negotiations and all prior agreements proposed or otherwise.
Costs. Each party agrees it shall bear all that party's own costs and fees of any kind and
shall have no liability for any fees or costs incurred, includingattorney fees, by the other party.
Binding on Successors and Assigns. All the terms and conditions of the Settlement
Agreement and its exhibits shall be binding upon and inure to the benefit of the City and Mr._
Waters and their respective heirs, successors, and assigns.
Effective Date. The effective date of this Agreement shall be March 8th , 2024..
CITY OF AUBURN JERRY J.WATERS
ancy B , Mayor � '/
Approved as to Form
Q 0
Douglas P. Ruth,Asst. City Attorney
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