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4817
D LANE HOMES CO
Settlement - Forest Ridge Park
Legal
LEG 12-1
04/08/2009
05/01/2009
02/15/2011
01/01/2011
Settlement Paid
"
,
SETTLEMENT AGREEMENT BETWEEN THE CITY OF BREMERTON
AND D LANE HOMES CO.
THIS AGREEMENT is entered into between the City of Bremerton (hereinafter "the
City") and D Lane Home Co.
Whereas, D Lane Homes Co. developed property adjacent to Forest Ridge Park, which is
owned by the City; and
Whereas, during D Lane Homes Co.'s development of the property adjacent to Forest
Ridge Park, dirt excavated from the development was moved onto Forest Ridge Park, covering
the roots of some trees located in Forest Ridge Park; and
Whereas, the City retained Sound Urban Forestry to determine the health, impact and
appraised value of 21 trees in Forest Ridge Park near 0 Lane Homes Co.' s development; and
Whereas, Sound Urban Forestry prepared a report dated November 8, 2006, attached and
incorporated herein as Exhibit A to this Agreement; and
Whereas the City claims that the 21 trees identified in Exhibit A were damaged and that D
Lane Homes Co. is liable for the damage; and
Whereas, D Lane Homes denies the extent of the damage and denies its liability for
damage to the trees; and . .
Whereas, the parties intend to resolve the City's claims against D Lane Homes by this
Agreement;
NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:
1. D Lane Homes Co. will remove ten trees from Forest Ridge Park, identified as
trees 2, 3, 4,5,6,7,8,9,10, and 11 in Exhibit A by May 1,2009;
2. D Lane Homes Co. will to pay the City One Thousand, Five Hundred dollars
($1,500.00) by May 1,2009;
3. The City will provide D Lane Homes Co. access to all of the trees to be removed
upon reasonable notice;
4. Upon completion of the removal of the trees identified in paragraph 1 above, the
City will release D Lane Homes Co. and its shareholders, owners, officers and
employees from any claims the City has against D Lane Homes, its shareholders,
owners, officers and employees for damage done to the trees identified in Exhibit
A;
Settlement Agreement - page I
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5. This Agreement represents the entire agreement between the parties with respect
to the subject matter hereof, and all prior negotiations shall be of no further force
or effect and are superseded by this Agreement;
6. 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.
7. This Agreement shall be construed and interpreted pursuant to Washington law and
any controversy or interpretation hereof shall be by state courts of Washington.
IN WITNESS WHEREOF, the parties below have executed this agreement.
D LANE HOMES CO. THE CITY OF BREMERTON
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Print Name: S'(~p 1i-~N1 B (2.Jf::1!
Title: P(LtJi;SIl)~
Date: .3 J).. 7/0 _
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Settlement Agreement - page 2