HomeMy WebLinkAbout001210 Original ContractCity of Port Angeles
Record # 001210
Settlement Agreement and Release
The City of Port Angeles ('The City) and Geri Thompson, an unmarried individual,
hereby enter in to this Settlement Ageement and Release under the following terms:
Ms. Thompson has a land-use agreement with the City of Port Angeles
that extends through July 1, 2017 whereby Ms. Thompson runs a BMX
race track at the City's Lincoln Park. Part of the race track includes
several buildings and improvements with disputed ownership. Ms.
Thompson claims the City owes her for the buildings and
improvements on the property (the Claim).
2. The parties wish to terminate the land-use agreement prior to the July
1, 2017 expiration date.
3. The parties have reached a comprehensive compromise and settlement
of the Claim. This Settlement Agreement and Release sets out the
terms and conditions of the parties' compromise and settlement of the
Claim.
4. As the full and complete consideration to Ms. Thompson for
compromise and settlement of the claim, the City will pay Ms.
Thompson $5000. The land-use agreement will terminate as April 21,
2017.
5. Ms. Thompson will have until April 21, 2017 to remove any of her
personal property. Any items donated to the BMX track used for
operating and improving the track will be property of the City.
7. By signing this Settlement Agreement and Release no party admits
any wrongdoing.
8. As consideration to the City, Ms. Thompson inevocably and
unconditionally forever releases and discharges the City and its
affiliates, officers, agents, attomeys, insurers, and employees from any
I
6. As of April 2I,2017 at the close of business, Ms. Thompson will have
no interest in the City-owned property, the BMX track, or any
improvements or personal property that remain on BMX track property
at Lincoln Park. The City will have full and complete title to any
improvements or personal property that remain at the Lincoln Park
BMX track as the close of business on April 21,2017 .
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 Claim and the land-use agreement.
9. This Settlement Agreement contains all the agreements and
commitments of the Parties relating to the claims referenced in this
Settlement Agreement. This Settlement Agreement is intended by the
Parties as a final expression of their agreement and, therefore,
incorporates all negotiations of the Parties and is the entire agreement
of the Parties. This Settlement Agreement may not be amended,
waived or modified in any way without the prior written consent of all
Parties.
10. In entering into this Settlement Agreement, each Party hereto
represents that it has relied upon the advice of an attomey of its own
choice concerning the legal consequences of this Settlement
Agreement; that the terms of this Settlement Agreement have been
completely read and explained to each Party by its attomeys; and that
the terms of this Agreement are fully understood and voluntarily
accepted.
I 1 . Each Party represents and warrants that no other person or entity has,
or has had, an interest in the claims, demands, obligations, or causes ol
action refened to in this Settlement Agreement and that each Party has
the sole right and exclusive authority to execute this Agreement.
12. This Settlement Agreement shall be construed in accordance with the
laws of the State of Washington, notwithstanding the operation of any
conllict or choice of law statutes or decisional law to the contrary.
Venue for any dispute arising from or related to this Settlement
Agreement shall be in the Superior Court of Clallam County,
Washington.
13. 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.
p4"4.4lat ) tl The C f Port Angeles
By:
Mr. Dan McKeen
City Manager for the City of Port Angeles
Ms. Geri Thomson
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