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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