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Home My WebLink AboutITEM IX-B RESOLUTION NCI. 4 6 2 6 A RESOLUTION OF,THE GITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING, AUTHORIZING AND RATIFYING THE AGREEMENT FOR SETTLEMENT OF L:AWSUIT WITHOUT PREJUDICE WHEREAS, in connection a piece of property identified by the City of Auburn -as part of its eventual Auburn Environctiental Park, the owner made some. claims against the City and the State of Washington regarding that property; and WHEREAS, that property, a property which the City of Auburn has . interests in. purchasing for an agreed price, is located in the vicinity of 15t' Street Northwest and State Highway 167; and = WHEREAS, the parties, including the City of Auburn and the property owner, as well as the State of Washington, have, however, reached an . agreement in the resolution of any and all such claims and it is benefcial to the City to effect such resolution in.confocmity with the agreement of the parties. „ NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF AUBURN, ° KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. Thaf the Agreement for Settlement of Lawsuit without Prejudice, a copy of which is attached hereto, marlced as Exhibit A and incorporated herein by this reference, be, and: _the same hereby is, approved and the Mayor is authorized to execute the same and action taken :by the Mayor in furtherance thereof is hereby ratified. Resolution No. 4626 July 14, 2010 Page 1 of 2 . Section 2. The Mayor is hereby authorized to implement such . administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this day of , 2010. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST`. Danielle E. Daskam, City Clerk A ROV ' TO FORM: niel B, Hei , City orney _ . ;:r; - . - Resolution No. 4626 July 14, 2010 Page 2 of 2 EXHIBIT _"A" AGREEMENT FOR SETTLEMENT OF LAWSUIT WITHOUT PREJUDICE This AGREEMENT (this "Agreement") :is enfered into as of the day of , 2010,~ by and befinreen, the CITY OF AUBURN, a Washington municipal corporation (hereinafter the. "CITY"), the STATE OF WASHINGTON, a sovereign political entity (hereinafter the "STATE"), and THE AUBURN LAND. COMPANY, a Nevada Limited Partnership (hereinafter the "PROPERN OWNER"). RECITALS ' A. The PROPERTY OWNER is the owner of certain real property described a"s follows: The real property and all improvements thereon located in the City of Auburn, County of King, Washington, at the common address of 801 15th Street- Northwest, Aubum, Washington (King County Tax Parcel No. 1221049009) which is legally described as follows ("Property"): The northeast quarter afthe southwest quarter ofiSection 12, Township 21 North, Range 4 East, W:M., in King County, Washington; EXCEPT that portion condemned for State Highway under King County Superior Gourt Cause Number 718093 and conv.eyed to the City of Aubum by Govemor's Deed recorded under King County Recording number 7402270280; AND EXCEP.T portion for Railroad Right of Way as sstablished by instruments recorded under Auditor's File Nos. 214685 and 220487. B. PROPERTY OWNER filed a lawsuit against the CITY and the STATE, alleging inverse condemnation of the above-described Property. The parties have reached an agreement whereby the lawsuit, and all claims against the CITY and the STATE, shall be dismissed putsuant to an agreernent between the parties whereby the . CITY shall pay to the PROPERTY OWNER $75,000.00 as full and complete compensation for the settternent of the lawsuit. AGREEMENT NOW; THEREFORE, for good and valuable consideration, the receipt and . sufficiency of which are hereby 'mutUally acknowledged, PROPERIY OWNER, STATE ~ and CITY hereby agree as follows: : 1. Settlement of Lawsuit. The PROPERTY OWNER, the STATE and the CITY agree that upon-the payment by'the CITY to the PROPERTY OWNER of $75,000.00, the parties shall execute and file with the Court a Stipulation and Order of Dismissal AGREEMENT FOR SETTLEMENT OF LAWSUIT. WITHOUT PREJUDICE Page 1 of 3 Without Prejudice and withouf Costs in King County Superior Court Cause-No. 07-2- 16064-7 KIVT. The parties further agree that thereafter they shall promptly take any such steps as necessary to remove any encumbrances or clouds from the legal title of the pcoperty relating to said lawsuit. 2: , Notices. All. notices, demands and other commu.nications required or permitted . to be given hereunder shall be in writing, and shall be sent by personal delivery (including by means of professional messenger or courier service) or cegistered or certified mail, postage-prepaid, return-receipt requested: Notice shall be deemed to have been given if personally delivered, upon receipt, and if sent by mail, three (3) days after cluly deposited in the U.S. Mail. The parties' respective addresses for notices are as follows: If to CITY: With copies to: City of Auburn City Attorney's Office Human Resources Department City of Auburn 25 West Main Street 25 West Main Street Auburn, WA 98QQ1-4998 Aubum, WA 98001-4998 Attn: Direetor of Human Resources Attn: City Attorney If to PROPERTY OWNER: With copies to: Aubum Land Company Steven A. Reisler Attn: Donald Dombrowski, MD Attorney at Law 7545 Spanish 'Bay Road 4500 Sand Point Way NE Ste 250 Las Vegas, Nevada 89113 Seattle, WA 98105-3941 If to. STATE: And to: Washington State Dept. of Transportation Washington State Dept. of Transportation Attn: NW Region Real Estate Services Manager Attn: Director, of Enterprise Risk Management. 15700 Dayfon Avenue North P.O. Box 47418 P.O. Box 330310 Olympia, WA 98504-7418 Seattle; WA 98133-9710 , Notice of change of address shall be given by written notice in the manner detailed _in this Section 2: 3. General. This Agreement may be modified only in writing, signed by CITY, STATE, and PROPERTY 01NNER. Any waivers hereunder must be in writing. No waiver of any right or remedy in the event of default. hereunder shall constitute a waiver of such right or remedy in the event of any subsequent default. This Agreement shall be govemed by the laws of the Stafe of Washington. This Agreement is for the benefit only of the parties hereto and shall inure to the benefit of and bind the heirs, personal ~ rbpTesentativee, successors, and permitted assigns of the parties hereto. The invdlidity or unenforceability of any provision of this Agreement. shall not affect the validity or enforceability of any other provis.ion hereof. This. Agreement may be :executed in counterparts, each of which shall be deemed an o,riginal, but all of which together shall constitute one and the same instrument. Signatuces transmitted by email or facsirnile- - shall be deemed originals. FOR SETTLEMENT OF LAWSUIT WITHOUT PREJUDICE Page 2 of 3 4. Each of the provisions of this Agreement has. been reviewed and negotiated, and represent the combined work product of the Parties hereto. No presumption or ofher rules of construction which would interpret the provisions of this Agreement in favor of or against the Party preparing the same shall be applicable in connection with xhe construction or inferpretation of any of the provisions of this Agreement. 5.. . Attorneys' Fees. 1n the event suit or action is instituted to interpret or enforce the terms of this Agreement, the prevailing party therbin shalF be entitled to recover from the other party such sum as the Court may adjudge re.asonable as attorneys' fees, including fees incurred at trial, on any appeal and in any petition for review. 6. City Council Approval. The signature of the .Mayor of the City of Auburn hereon binds the Ci_fy of Auburn herein and acknowledges the approval of the City Council of ' this Agreement: SIGNED in duplicate original as of the date first above written. : CITY OF AUBURN THE AUBURN LAND COMPANY By Peter B. Lewis, Auburn Mayor Name - Title . ATTEST: STATE OF WASHINGTON Danielle E. Daskam, Aubum City Clerk John Jensen, NW Region RES Mgr. Washington State Dep't of Transportation John Milfon, Enterprise Risk Mgt. Dir. _ Washingfon State Dep't of Transportation APPROVED AS TO FORM: APPROVED AS TO FORM: Daniel B. Heid,.Aubum CityAttomey- lan.& Northrip, WSBA# 21105 Assistant Attomey General - AGREEMENT FOR SETTLEMENT OF LAWSUIT WITHOUT FREJUDICE . Page 3 of 3 _ -J