HomeMy WebLinkAboutNicole Ramos, Randall and Jeanne Lenz Settlement Agreement SETTLEMENT AGREEMENT AND RELEASE
THIS AGREEMENT is entereB into this a~y-day of ccw�� 20� by and
between Nicole Ramos, and Randall G. Lenz and Jeanne Marie z, hereinafter collectively referred to
as "CLAIMANTS;' and the City of Auburn, Washington, a municipal torporetion, hereinafter referred to
as"CITY."
WITNESSETH,
WHEREAS, the Claimants are current and previous owners of property located at 610 27`" St.,
S.E.,Aubum,�WA 98002, described mo�e particularly as follows:
- LOT NINE, RE-PLAT OF TRACT NO. 5, HILENS PARK ADDITION TO AUBURN, ACCORDING
TO THE PLAT THEREOF RECORDEO IN VOLUME 61 OF PLATS, PAGE 49, RECORDS OF
KING COUNTI',WASHINGTON; and
WHEREAS, for an indeterminate number of years, the Claimants have paid sewer bills to the City
of Aubum, in the apparent understanding tFiat tFie above referenced property was served by City sewer
services; and
WHEREAS, unbeknownst to the Claimants and the City, the above referenced property was not �J�"
served by City sewer, but was served, instead, by a private septic system on the properry; and � M�
.�
WHEREAS, on the '2� S day of 2014, the sep[ic system on said
property failed, which resutted in the claimants' recognition the need to obtain sewer services from
the tiry to serve this property;and
WHEREAS, the Claimants fled a claim against the City seeking damages for their costs and
expenses; and
WHEREAS, tFie parties have hatl the opportunity to discuss the issues and hade reached an
agreement to resolve and settle the claims filed herein. ,
NOW THEREFORE, IT IS HEREBY AGREED as follows:
That for and in consideration of full and complete settlement of all current and possible future
daims related to the Claimant's payment of sewer utility charges;the City shall promptly arrange for and
pay the costs of having the above referenced property connected to the City's sewer system. The
Claimants agree ro allow the contrector provided by the City to enter onto the above referenced
properry for the purposes of connecting the residence thereon to the Cit�s sewer system.The Gty_sFiall
also reimburse.,Claimant, Nicole Ram6s, the amount''of`$719.69 for her out=of,-potket.costs related
hereto:
Claimants shall, at their own expense, ensure that the existing septic system is decommissioned
within 30 days of connec[ion to the Ciry's sewer system in accordance with Chapter 13.20 of tFie Auburn
Ciry Code.
It is FURTHER AGREED as follows:
SETTLEMENT AGREEMENT AND RELEASE
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This settlement extinguished any and all pending, potential and possible claims by and from
CLAIMANTS and their heirs, exewtors, administrators, successors and assigns, against the City related,
in any way, to the claims filed with the City, or to payment of sewer utility tharges to the City prior to
the effective date of this Agreement.
Undei this Settlement Agreement, CLAIMANTS does further hereby release, acquit and forever
discharge the City of Auburn and its officers, agents, servants, successors, heirs, executors,
adminis[rators 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
CLAIMANTS may now have or whith may hereafter attrue to CLAIMANTS on account of or in any way
growing out of any and all known and unknown, foreseen and unforeseen damages and the
consequences thereof resulting or to result from the matters involved with said claims.
CLAIMANT agrees by signing this Release and Agreement, that the payment of the consideration
therefore: (1) does not constitute an admission of any liability by the CITY, and, in fact,the CIN disputes
the claim and denies liability; and (2) includes full and final settlemen[ of all the CLAIMANT's claims,
both present and future, arising from this event and applies to any and all past and future injuries,
damages, and medical expenses(including any injuries not now knbwn or the extent of which is not now
known and which may later develop, be discovered, or w'orsen); (3) the CLAIMAN7 agrees to pay from
these settlement proceeds any person, corporetion, or entity who has a lawful lien or subrogation claim
against these funds for any medical bills, insurance payments, attorney's fees, and/or the claims of any
governmental entiry. CLAIMANT agrees to defend, indemnify, and hold harmless the CITY from any such
liens, su6rogation claims, or other such claims of any person or entity ciaiming any interest in the
settlement funds being paid pursuan[to this agreement.
The undersigned further declare(s) and represent(s)that no promise, inducement, or agreement
has tieen made to the Undersigned, and tHat this Release contains ihe entire agreement between the
parties hereto, and that the terms of this Release are contrattual and not a mere recital and that it is
intended to be binding on my/our/its heirs,executors, administrators, successors,and assigns.
7his Settlement Agreement shall be construed and interpreted according to the laws of [he
State of Washington.
THE CITY OF AUBURN DOES NOT LEGAILY REPRESENT THE UNDERSIGNED. THE UNDERSIGNED
UNDERSTANDS ANY QUESTIONS REGARDING THIS RELEASE SHOULD BE DIRECTED TO HIS OR HER OWN
PERSONAL ATTORNEY PRIOR TO SIGNING.
THE UNDERSIGNED CLAIMANTS HAVE READ THE FOREGOING SETfIEMENT AND RELEASE, AND
FULLY UNDERSTAND IT AND AGREE TO IT.
Signed,Sealed and Delivered this a2 day of Juru. , 20�.
CLAIMANTS CITY OF AUBURN
/ .f G!/�i ll� a 7 `�
Niwle Ramos ancy Bacb , fayor
SETTLEMENTAGkEEMENTAND RELEASE
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' ��� Attested 6y:
Randall G. Lenz � ���!
� �'n' Danielle E. Daskam, Ciry Clerk
(.�'l'�'C
ea ne Marie Lenz Ap ved as to m:
Daniel B. , City Attorney
SETTLEMENTAGREEMENTAND RELEASE
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