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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 , Vault Date: Comments � � 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 � 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 � By PATT T, M yor Date o `1-'a� - �l3 C\UsersUeme AnnWppDataU.ocal\M�crosoft\Wmdows\Temporary Intemet Files\Content IES�ELJQMMOC\4tF► Street utility conversion settlement - Sonano doc � Date __ �1. o7.`�J�/3------ l