HomeMy WebLinkAbout5227Contract Number. 5227
Vendor. SORIANO BROTHERS INVESTMENT CO
Sub�ect Settlement Agreement and Release
Department: Legal
File Class LEG 12-1
Begin Date 2/25/2013
End Date:
Review Date
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SETTLEMENT AGREEMENT AND RELEASE
1 Parties This settlement agreement and release ("Agreement") is entered into on
the date fully executed below by and between Sonano Brothers Investment Co a Waslungton
limrted partnership, owner of certam property located at or ad�oming 4`" Street in the Crty of
Bremerton affected by this agreement, hereinafter referred to as "Owner" and the Crty of
Bremerton, hereinafter referred to as "City"
2 General Recitals The City recently converted overhead uhlrties to underground
utilrties m the alley between 4`� Street and Burwell Street Owner is required to connect Owner's
property to the utilrties after the utility conversion Owner has ob�ected to incurring the costs of
said connechon and has asserted a claim agamst the Crty By this Agreement, the parties mtend
to resolve Owner's claim and to release the Crty from all liability related to the Owner's costs of
connection
3 Terms of Settlement In consideration of the Crty paymg 62 5% of the cost for
Owner to connect to the utilrties, Owner agrees to connect to the underground utilrties, and as set
out in detail below, discharge the City of its claim, release the Crty from,-any liabilrty related to
the connection, and hold the City harmless from any claims related to the connection The parties
agree that the total cost of connection is $57,038 80, which includes the cost assessed by Puget
Sound Energy (PSE) in the amount of $8,386 00 as well as Bird Electric Corporation
("Contractor"), the electrical contractor performmg the utilrty connection m the amount of
$48,652 80 The City's shaze of the cost at 62 5% is $35,649 25 which includes $5,241 25 to be
paid to PSE and $30,408 00 to be paid to Contractor
Crty will deliver to Owner checks made payable directly to PSE and Contractor for the
Crty's share of the payment The City will deliver these checks to Owner witlun 15 days of
receipt of the mvoices and acceptance of the same If the checks are not timely delivered by the
Crty to Owner or by the Owner to PSE or Contractor, then the party at fault will pay all related
interest and penalties assessed, if any, and mdemmfy and hold the other party harmless for the
same This obligation supersedes paragraphs 4 and 5 in the event of a conflict
Owner shall choose and enter mto a contract with the Contractor to perform the
connection The Crty will not be a party to Owner's contract with the Contractor The Crty's
payment to the Contractor does not create any contractual relationslup wrth the Contractor or
guarantee Contractor's work or m any way create a duty between the Crty and the Owner
regardmg the Contractor's workmanship
4 Release For the considerahon stated above, Owner agrees on behalf of himself,
his heirs, successors and assigns to forever release and forever discharge the City and rts
officials, employees and agents from all claims of any kmd or nature Owner has or may later
have related to the facts alleged or that could have been alleged resultmg from the
undergroundmg, conversion and connection of uhlrty services to Owner's properties by
Contractor Acceptance of tlus release is not to be construed as an admission of liabilrty or
responsibihty on the part the Crty The Crty expressly demes liability or responsibility for such
claims Regardless of the adequacy of the above consideration, the acceptance of tlus release
shall not operate as an admission of liabilrty on the part of the City to Owner or its contractors
5 Hold Harmless The Owner warrants that no other person or entrty has or has had
any interest m the claim or causes of action referred to m this release, and that he has the sole
right and exclusive authonty to execute this release and receive any sums specified m it The
Owner shall defend and mdemrufy the City and hold the Crty harmless should any other person
or entrty claim to have an interest in the claims and m�uries descnbed in this release relatmg to
Contractor's work to connect Owners properties to the underground utilrties
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6 Jurisdiction This Agreement shall be construed m accordance with the laws of
the State of Washmgton The provisions of this Agreement have been negotiated by the parties,
and when mterpreting the provisions of tlus Agreement, there shall be no presumption of
draftsmanship for or agamst erther party Should any lrtigation result from this Agreement, each
party is responsible for its own litigahon costs and attorney's fees
7 Terms Accepted. The Owner hereby declares that the terms of tlus release have
been completely read and are fully understood and voluntanly accepted The Owner further
declares that he has been given a full and fair opportuiuty to consider this release and knows that
this release releases potentially unknown claims and/or claims about which he may have limrted
knowledge.
CITY O� �REMERTON
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By PATT T, M yor
Date o `1-'a� - �l3
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settlement - Sonano doc
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