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Home My WebLink About4675 Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments Contract Number 4675 WEBG LLC Mutual Release Settlement & Hold Harmless Legal LGL File Class LEG 12-1 $40000.00 11/29/2007 11/29/2007 02/15/2009 GL $ AL $ E&O $ Insurance Total $ Insurance Review Date Vault 01/01/2009 MUTUAL RELEASE, SETTLEMENT AND HOLD HARMLESS AGREEMENT For the consideration of forty thousand dollars and 00/1 00 ($40,000.00) paid by the City of Bremerton, and release and dismissal of the all claims asserted against each other by the City of Bremerton and WEBG, LLC, a Washington Limited Liability Corporation (hereinafter "WEBG"), as pled in Kitsap County Superior Court Cause No. 06-2-01149-1 consolidated with Kitsap Superior Court Cause No. 06-2-01181-5, Washington State Court of Appeals, Division II Cause No. 36003-9-II, and United States District Court for the Western District of Washington at Tacoma Case No. C06-05685 RBL, WEBG and the City of Bremerton, (hereinafter "Mutual Releasors") release and forever discharge each other, and their respective officers, employees, agents, insurers, attorneys, and assigns, and all other entities and persons, from all claims, expenses, attorney's fees, causes of action and suits of any kind or nature which Mutual Releasors have or may later have on account of, or in any way arising out of, or related to the facts alleged or that could have been alleged resulting from the incident, casualty or events alleged in Kitsap County Superior Court Cause No. 06-2-01149-1 consolidated with Kitsap Superior Court Cause No. 06-2-01181-5, Washington State Court of Appeals, Division II Cause No. 36003-9-II, and United States District Court for the Western District of Washington at Tacoma Case No. C06-05685 and from any and all claims, past, present, and future, whether or not so alleged, and whether presently known or unknown, which may have arisen or may later arise out of, or be related to those events. All of these pending causes of actions shall be dismissed by the parties hereto with prejudice. As further consideration hereto, the City of Bremerton agrees to maintain, or reissue as appropriate, the Shoreline Substantial Development Permit Exemption No. BP05 00169, dated November 29, 2005 and related building permit issued to WEBG for property located at 2039 Wheaton Way, Bremerton and allow WEBG to reconstruct the building as permitted regardless of the current state of the structure. WEBG's permits and exemptions have been the subject of litigation and shall not be subject to time restrictions on expiration until any additional review by Bremerton has been completed. The City of Bremerton's obligations hereto are conditioned upon WEBG submitting additional construction plans showing framing and foundation plans for the first floor portion of the building where additional excavation and construction will be needed to remove unexpected fill. Core sampling and testing will also need to be done on some portions of the existing CMU wall and depending on the results of that testing WEBG may need to excavate and replace some or all portions of the existing foundation. Bremerton agrees these are permissible activities under WEBG's shoreline exemption and will promptly review any additional submittals for building code compliance without additional permit fees. WEBG shall not be required to submit for public works review unless it changes its site plan. Should WEBG desire to modify the structure from a restaurant to an office building without modifying the existing footprint, it will need to submit revised elevations and plans SETTLEMENT AGREEMENT - I showing revised framing, electrical, plumbing and mechanical systems to allow appropriate inspections by authorized governmental inspectors but shall not be required to pay additional permit fees and its shoreline exemption shall remain in place. If WEBG elects to build a structure that will exceed the current building envelope, WEBG acknowledges that it will be required to apply for new permits but fees already paid shall be credited to the new submittals. Furthermore, the City of Bremerton agrees that it will use its best efforts to expedite any and all future submittals with respect to the Shoreline Substantial Development Permit Exemption No. BP05 00169, dated November 29, 2005 and related building permit. Mutual Releasors understand and recognize that the future course of present damages cannot be predicted with certainty. Mutual Releasors assume the risk that the claimed damages may worsen in the future and/or that new damages that are not known may develop. Mutual Releasors acknowledge that its information regarding the claims made is sufficient to enter into this Agreement. Execution of this Agreement is not to be construed as an admission of liability or responsibility on the part of any party hereto. The parties released expressly deny liability for such claims. Regardless of the adequacy of the above consideration, the acceptance of this release shall not operate as an admission of liability on the part of the persons released. The Mutual Releasors warrant that no other person or entity has or has had any interest in the claim or causes of action referred to in this Agreement, and that they have the sole right and exclusive authority to execute this Agreement and receive any sums specified in it. The Mutual Releasors warrant that any liens or encumbrances placed on their respective claims or any entity with a subrogation interest will be satisfied from the proceeds of this settlement. The Mutual Releasors shall defend, indemnify and hold each other harmless should any other person claim to have an interest in the claims and injuries described in this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. This Agreement represents the entire agreement between the parties with respect to the subj ect matter hereof. All prior negotiations, agreements, representations, warranties or other matters of like or any other nature shall be of no further force or effect and are superseded by this Agreement. In the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof, the remainder of the Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. This Agreement shall be construed and interpreted pursuant to Washington law and any controversy or interpretation hereof shall be by state courts of Washington. Any captions throughout this Agreement are for convenience and reference only and shall not be held to expand, modify, amplify or aid in the interpretation, construction or meaning of this Agreement. SETTLEMENT AGREEMENT - 2 The undersigned Mutual Releasors hereby declare that the terms of this Agreement have been completely read and are fully understood and voluntarily accepted. The undersigned further declares that they have been given a full and fair opportunity to consider this Agreement, know that this Agreement releases potentially unknown claims and/or claims about which they have limited knowledge. WEBG, LLC ~ilM~ ~ ,~ . SUBSCRIBED AND SWORN to before me this ltb day of II nWkA:5.007. l!aIJVUJ/vJfy #A~ NOTARY PUBLIC for the State ofWashipgtop_ ' L Residing at: {--'trz/r 0 l>tlJJ!vz,' . My Commission Expires; 1l:. (7/;~~ . Name: !1/1/(1J/21:2!V C,,b; /1e(~'fY . CITY OF BREMERTON ~\, By, C () o'l \ '2>C)7 l".v'V\Cln \ ~a lIb'" SUBSCRIBED AND SWORN to before me this <YCf~day of l'fo\leN'bev ,2007. ~- ,. .' :.....' '. ..... ~ ,,-- '/' J' ,,', \,. " >,- \'!\' . , 8/ " . t".i \"" .~ ~,~ :, ~ ... .- !"~"."\ I ~v.. '".' ocr" ( >( < >~'{~')'\ /\ ,:,:'::~.: /, . I ~..! ':~!. T' ,\ j. "/ m: ,\ .....,'Il>.... >\, .-<;.~.J- " ....'" .. I t ~ .. ., " '.. IULl&.<< ( L101rr1 ~ NOTARY PUBLIC for the State of Washington Residing at:1Srt"rV\e[' b IN f\ My Commission Expires: Z. - l<x - / I Name: 'ltv:'lrnO\ 1/ S ~erY' /. '/'/ j:.,C ' SETTLEMENT AGREEMENT - 3