HomeMy WebLinkAboutCopperfalls Restaurant - Settlement Email attachment received by the City of Auburn on December 17, 2014 @ 1:26
p.m. from George Filiss:
December 17, 2014
Mayor Nancy Backus
25 Main St.
Auburn, WA, 98001
Mayor Backus:
In response to your email dated December 17, 2014, we will accept your offer. The city
will accept the restaurant in its current operable condition with all permanent fixtures,
tables, and chairs for the sum of $240,000.
Sincerely,
George Filiss and Giuseppe Nappo Date
Added per City of Auburn on December 22, 2014:
The signature above acknowledges the terms of the settlement letter dated December
17, 2014 from the City of Auburn and the receipt of check #431665 for the lease
settlement which includes the following terms:
• Vacation of the premises by January 2, 2015;
• Leave all permanent fixtures including chairs and table;
• Parties will not disparage or denigrate the other with respect to the restaurant,
the lease, or the settlement.
CIITTY�OF
Nancy Backus,Mayor
WASHINGTON 25 West Main Street* Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000
December 17, 2014
Mr. George Filiss SENT VIA EMAIL ONLY TO: gfiliss @gmail.com
KAVA , LLC gfiliss @hotmail.com
3110 Sumner Highway East
Lake Tapps, WA 98391
Copper Falls Restaurant
29630 Green River Rd.
Auburn, WA 98092 and
Pepe and George:
I met with the City Council to discuss the Copper Falls Restaurant issues, and the City
Council is supportive of seeing this matter go to court if we cannot reach an agreement.
With that, I must reject your most recent counterproposal. However, to resolve the
issues, I am authorized to offer you, today only, the sum of $240,000.00. This offer is
made pursuant to Rule 408 of the Washington State Superior Court Rules of Evidence,
and this offer will not be on the table tomorrow. If this is an acceptable amount, and you
are willing to vacate the Restaurant, leaving all permanent fixtures as well as the tables
and chairs, by January 2nd, 2015, 1 will have the payment made to you as quickly as I
can process that check. However, I must hear acceptance from you no later than 5:00
PM today. This proposal would, of course, also include the requirement that the parties
shall work in good faith to address any other issues that may surface with respect to this
transition, and the parties each recognize this settlement as an amicable resolution, and
neither party will disparage or denigrate the other with respect to the restaurant, the
lease or the settlement.
Please let me know if these terms are acceptable to you by 5:00 PM, today.
Thank you.
Sincerely,
1`4e W-kU.-I
Nancy Backus
Mayor, City of Auburn
cc: Michael Hursh, Director of Administration
Shelley Coleman, City of Auburn Finance Director
Daryl Faber, Director of Parks, Arts and Recreation
Daniel B. Heid, Auburn City Attorney
AUBURN * MOPE THAN YOU IMAGINED
Form W-9 Request for Taxpayer Give Form to the
(Rev.December 2011) Identification Number and Certification requester. I not
Department of the Treasury send to the IRS.
Internal Revenue Service
Name(as shown on your income tax return)
KAVA LLC
N Business name/disregarded entity name,if different from above
rn CopperFalls Restaurant and Bar
c,
a Check appropriate box for federal tax classification:
C
y Wo El Individual/sole proprietor E] C Corporation F] S Corporation ❑ Partnership F]Trust/estate
& g
C
Exem P
✓❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)►
t
0
--------------------------------- Payee
0
C H
a ❑ Other(see instructions)►
v
t Address(number,street,and apt.or suite no.) Requester's name and address(optional)
v
a 29630 Green River Rd.SE
m City,state,and ZIP code
u) Auburn,WA 98092
List account number(s)here(optional)
Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on the"Name"line Social security number
to avoid backup withholding.For individuals,this is your social security number However,for a —m —
resident alien,sole proprietor,or disregarded entity,see the Part I instructions on n page 3.For other
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a
TIN on page 3.
Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number
number to enter.
M26 - 0 1 4 1 3 1 5 1 3 8 3
Certification
Under penalties of perjury,I certify that:
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and
2. 1 am not subject to backup withholding because:(a)1 am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding,and
3. 1 am a U.S.citizen or other U.S.person(defined below).
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage
interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and
generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the
instructions on page 4.
Sign I signature of )
Here u.S.person► Date►
General Instructions Note.If a requester gives you a form other than Form W-9 to request
Section references are to the Internal Revenue Code unless otherwise your TIN,you must use the requester's form if it is substantially similar
to this Form W-9.
noted.
Definition of a U.S.person.For federal tax purposes,you are
Purpose of Form considered a U.S.person if you are:
A person who is required to file an information return with the IRS must •An individual who is a U.S.citizen or U.S.resident alien,
obtain your correct taxpayer identification number(TIN)to report,for •A partnership,corporation,company,or association created or
example,income paid to you,real estate transactions,mortgage interest organized in the United States or under the laws of the United States,
you paid,acquisition or abandonment of secured property,cancellation .An estate(other than a foreign estate),or
of debt,or contributions you made to an IRA.
•A domestic trust(as defined in Regulations section 301.7701-7).
Use Form W-9 only if you are a U.S.person(including a resident
alien),to provide your correct TIN to the person requesting it(the Special rules for partnerships.Partnerships that conduct a trade or
requester)and,when applicable,to: business in the United States are generally required to pay a withholding
tax on any foreign partners'share of income from such business.
1.Certify that the TIN you are giving is correct(or you are waiting for a Further,in certain cases where a Form W-9 has not been received,a
number to be issued), partnership is required to presume that a partner is a foreign person,
2.Certify that you are not subject to backup withholding,or and pay the withholding tax.Therefore,if you are a U.S.person that is a
3.Claim exemption from backup withholding if you are a U.S.exempt partner in a partnership conducting a trade or business in the United
payee.If applicable,you are also certifying that as a U.S.person,your States,provide Form W-9 to the partnership to establish your U.S.
allocable share of any partnership income from a U.S.trade or business status and avoid withholding on your share of partnership income.
is not subject to the withholding tax on foreign partners'share of
effectively connected income.
Cat.No.10231X Form W-9(Rev.12-2011)
I