The URL can be used to link to this page

Home My WebLink AboutITEM VIII-B-5 (RES 4262). Distributed at the November 5, 2007 City Council meeting by City Attorney Daniel B. Heid RESOLUTION NO. 4 2 6 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A SETTLEMENT AGREEMENT WITH DAVID ALLEN DAVIS FOR DISPUTED COSTS RELATED TO LOCAL IMPROVEMENT DISTRICT NUMBER 250 WHEREAS, the City of Auburn approved Local Improvement District (LID) No. 250 related to required parking spaces in connection with the Truitt Building built by David Allen Davis; and WHEREAS, by the terms of the LID Agreements, the parking spaces were to be controlled by the City; and WHEREAS, based on communications between City representatives and David Allen Davis, David Allen Davis thought that he was entitled to control and use of the LID No. 250 parking spaces; and WHEREAS, David Allen Davis sought relief of the LID costs as an alternative to litigating the control and use of such parking spaces, and the City and David Allen Davis were able to negotiate a settlement of the matter acceptable to both parties. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is authorized to execute an Agreement with David Allen Davis to settle the issues related to the LID No. 250 parking spaces in substantial conformity with the Release and Settlement Agreement, a copy of Resolution No. 4262 November 5, 2007 Page 1 of 2 which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of , 2007. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Resolution No. 4262 November 5, 2007 Page 2 of 2 EXHIBIT "A" RELEASE AND SETTLEMENT AGREEMENT WHEREAS on January 1, 2004, the Undersigned David Allen Davis entered into an LID- Preformation And Guaranty Agreement with the City of Auburn, Washington, wherein Mr. Davis agreed to pay to the City of Auburn annual installment payments toward the repayment of what is known as LID Number 250 for reimbursing the City for the cost of construction for 8S parking stalls in the parking garage now known as the Auburn -Sound Transit Garage; and WHEREAS the basis of that Agreement -was that the renovation of a commercial building by Mr. Davis in downtown Auburn and its intended uses would require the provision of eighty-five.(85) parking spaces for use by its patrons; and it is therefore AGREED: That for and in consideration of the payment of two hundred thousand and no/100 ($200,000.00) paidto me as indicated herein below and receipt of which is hereby acknowledged, David Allen Davis, being of lawful age does hereby and for my heirs, executors, administrators. successors and assigns, release, acquit and forever discharge the. City of Aubui~i and their agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations, associations or partnerships of and from any and all claims, actions, expenses and compensation whatsoever under state or federal law, which I now have or which may hereafter ace.rue to me on account of or in any way growing out of anv and all known and unkno~~~n, foreseen and unforeseen damages and the consequences thereof resulting or to result Ii-om the allocation of parking sj~aces at the Aubul~l - Sound Transit Garage related to .the City of Auburn Local Improvement District N~unber 250. Specifically, relating to the creation of said Local Improvement District No. 250 and the communications that suggested, not withstanding the terms of the Local Improvement District Preformation and Guarantee Agreement that up to eighty Iive (85) parking spaces would be available to David Allen Davis for his use and that when contrasted with the actual language of the agreement, those parking spaces were not made available and were deprived from David Allen Davis' use. Because of the previous issuance of the building permit by the City and David Allen Davis's reliance upon verbal communications and not the written language of the Local Improvement District Preformation and Guarantee Agreement that he would have those parking spaces and the pressure that was put on Mr. Davis to execute the agreement in order to occupy and use the structure that he renovated in accordance with the building permits that were issued by the Ciry, this Kelease And Settlement Agreement is intended only to settle the issue of the availability of all 85 parking spaces and damages that may or may not have occun-ed to Mr. Davis from the lack of parking actually available in the Auburn -Sound Transit Garage. IT IS FURTI-IER AGREED: Release Page 1 of 4 ~~ Pie ~ <4 {a 3 That by signing this Release and Settlement Agreement, that the payment of the consideration therefore: (1) does not constitute an admission_of any liability by the City of Auburn, and, in fact, the City disputes the claim and denies liability; (2) includes full and final settlement of my claims, both present and future, arising from I.,ocal Improvement District No. 250 and the language of the LID Preformation and Guaranty Agreement ~u1d applies to any and all past and future damages which might be claimed by me as related thereto; and (3} David Allen Davis agrees to pay from these settlement proceeds any person, corporation, or entity who has a lawful lien or subrogation claim against these funds. Mr. Davis does further agree, as consideration of the payment in the amount above, to defend, indemnify, and hold harmless the City of Auburn from any such liens, subrogation claims, or other such claims of any person ar entity claiming any interest in the settlement funds being paid pursuant to this Agreement and further agrees, as consideration of the payment in the amount above, that the City of Auburn shall have total and exclusive use of the parking spaces as provided for in the Local Improvement District. It is understood by the parties that this Agreement does not create any new parking provision condition which would require the additional expenditure of fiords by Mr. Davis in order to continue. to occupy and use his adjacent commercial building. It is further agreed that alJ other teens and conditions of the Local Improvement District formation and guarantee- agreement as approved by City of Auburn Resolution Number 3701 which are not inconsistent ti~-ith the terms of this Release and Settlement Agreement shall ~be in full force and effect and recognized as such b}- the parties hereto. `fhe undersigned agree that no promise, inducement or agreement not herein expressed has been made to either ol~ihe undersigned, and that this Releasecontains the entire agreement between the parties hereto, and that the terms o1~ this Release are contractual and not mere recital- This Settlement Agreement shall be construed and interpreted according to the laws of the State of Washington. THE CITY OF AUBURN DOES NOT I_,EGALLY REPRESENT THE UNDERSIGNED. THE UNDERSIGNED UNDERSTANDS ANY QUESTIONS REGARDING THIS RELEASE SIIOULD BE DIRECTED TO HIS OR HER OWN PERSONAL ATTORNEY PRIOR TO SIGNING. THE UNDERSIGNED UNDERSTANDS IT. HAS READ THE FOREGOING RELEASE AND FULLY ~~~ ~~~,6~~ ~.~~ ~: Release Page 2 of 4 ,. ~Iq "~6 4g6a, Sig d and Sealed an elivered this "~ day of /l (.~ 2007. l DAVID ALLEN DAMS State of Washington ) )ss .. County of King ) I certify" that I know or have satisfactory evidence that David Allen Davis is the person who appeared before me and said person acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes men 'one •n the instrument. -~_ ~. ! ~ ~ ',~ ~, _" r,. ~ ~ _ ~. ,,~~~`~ ' ~ '~r~.,~, ~~; NOTAR ~~ UBLIC in and for the ~~.•• ~,~~`~~~ ~~~~ °•~~~"~~~ State of Washi to F ~ 1 c° ~ ~~•_ C~ ~ Residing at: ~ ~ ~, ~~ ,y ~ ' rn ~ ~ ~, : ~ My Commission Expires: ~ ~~ ~z~r~ ~., >~ ~-~. .F~ aZ ~9~~`~;ry¢p0. 9 !f ~; ~ ~°~~ 'y~~i .- ~,:CJ c Release :°°,~°~~ °~; Page ~ of 4 ,~~~ Signed and Sealed and Delivered this day of , 2007. THE CITY OF AUBURN, WASHINGTON By: Title: State of Washington ) )ss .. County of King ) I certify that I know or have satisfactory evidence that _ (name) is the person who appeared before me and said person aclulowledged that he/she signed this instrument as the (titled for the City of Auburn, Washington, with full authority to do so and to hereby bind the City of Aubunl to the terms hereof; and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument. NO'1~ARY PUE3LIC in and for the. State of Washington Residing at ___ I~~Iy Commission I~xE~ires: Release Page 4 of 4