HomeMy WebLinkAbout001088 Original Contract City of Port Angeles
Record # 001088
Settlement Agreement and Release
The City of Port Angeles ("The City") and Judith Galgano, an unmarried individual,
hereby enter in to this settlement agreement and release under the following terms:
The City has a potential nuisance action against Ms. Galgano regarding the debris left on
her property located at 719 Caroline Street following the April 5, 2016 fire. The parties
have reached a comprehensive settlement of all rights, claims, causes of action, disputes,
and contested issues related to or arising from the nuisance action at 719 Caroline Street
in Port Angeles, WA. This Settlement Agreement and Release is made for the purpose
of compromising and settling all disputes among the parties.
1. Ms. Galgano hired a Washington State licensed contractor to complete the
demolition and disposal of the damaged structure and foundation as well as
restore and stabilize the bluff by May 20, 2016. The work was performed with
the consideration for the safety of workers, the City's Waterfront Trail, and
surrounding properties. Ms. Galgano did:
a. Complete the removal of the home debris, the foundation, and the
infrastructure.
b. Remove the wood retaining wall, exposed concrete dead man anchors, and
support cables
c. Remove the disturbed loose soil, cobbles, boulders that may slide down
the bluff.
d. Regrade and re-vegetate the upper portion of the bluff to assure stability
and safety.
e. Coordinate the lowering of overhead communication cables, electrical
lines, and the capping of the sewer line.
2. Because of Ms. Galgano's diligence, the City will:
a. Waive 50% of the total tipping fees at the Port Angeles Transfer station.
The total was $12,937.68.
b. Allow Ms. Galgano to pay the remaining $6,468.84 on an extended
payment plan. The total cost will divided into twelve equal installments of
$539.07. Ms. Galgano will pay one installment monthly beginning in
December 2016. The full amount will be paid by December 31, 2017.
Each payment will be made by the last business day of the month,
excluding weekends and holidays. If any payment is more than 30
calendar days past due, there will be an assessment of one-percent interest
per month on the total unpaid balance.
3. Ms. Galgano irrevocably and unconditionally forever releases and discharges the
City and its affiliates, officers, agents, attorneys, insurers, directors and employees
and any officer, director, insurer, attorney and or employees of any subsidiary or
affiliated entity of the City from any and all claims, causes of action, charges,
allegations or complaints, of any and all kinds, known or unknown, arising out of
or in regards to the April 5, 2016 fire.
4. This Settlement Agreement and Release documents the complete agreement of
the parties. All prior negotiations, agreements, and discussions are superseded
and merged into this document. Except as expressly stated in this document, the
parties have made no written or oral agreements.
5. The City and Ms. Galgano hereby declare that each has carefully reviewed the
terms of this Settlement Agreement and Release and knows it's contents, that
each has voluntarily accepted it's terms after consultation with their respective
attorneys or after affirmatively detennining not to consult with an attorney. Each
declares that they sign this Settlement Agreement and Release as an act of free
will.
Dated e C� The City of Port Angeles
By:
Mr. Dan McKeen
City Manager for the City of Port Angeles
Dated 6 / s. Judith Galga o ,
ti
Wa AGREEMENTS&CONTRACTS\2014 Agents&Contra Baublits settlement' release.doc
i
i
i