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Home My WebLink About18-098 - Masitalo Jessica / Griffin Steve - Public Safety Plan Settlement Agreement18-098 Council Approval 6/18/18 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS JESSICA MASITALO and STEVE GRIFFIN, a martial community (collectively "Masitalo") and the CITY OF TUKWILA, a Washington municipal corporation ("the City"), collectively ("the Parties"), hereby enter into this Settlement Agreement. I. RECITALS A. On November 6, 2017, the Tukwila City Council adopted Ordinance No. 2554, authorizing the City to acquire all property rights necessary to complete its Public Safety Plan Projects (the "Projects") through negotiation and/or the use of eminent domain, if necessary. B. On December 8, 2017, the City filed a Petition in Eminent Domain seeking to acquire real property located at 15022 Military Road South, Parcel #0041000480, in the City of Tukwila, King County, Washington, as legally described on Exhibit A of said agreement (the "Property"), for the City to complete the Projects. C. Hee Yeol Kang and See Jee Kang ("Kang") are the owners of the Property. MASITALO is a lessee on the Property. D. The Parties desire to resolve any and all issues related to the City's acquisition of the Property by entering into this Agreement. The Parties intend that this Agreement will fully resolve these matters and that MASITALO waives any and all rights to bring litigation related to the City's acquisition of the Property, the Projects, or relocation expenses. NOW, THEREFORE, for and in consideration of obligations and exchange of promises set forth herein, the Parties agree as follows: II. AGREEMENT 1. City Payment. The City shall pay MASITALO the sum of Ten Thousand Dollars and No/100 ($10,000.00), which payment shall be made to MASITALO as follows: (1) payment in the amount of $5,000 to be paid within thirty (30) days after execution of this Agreement and (2) payment of the remaining balance of $5,000 to be paid within thirty (30) days after MASITALO has vacated the Property and such vacation has been verified by the City, provided that all other settlement conditions have also been met. Payments will be made by check made payable to MASITALO and mailed to: 15022 Military Road South, Tukwila, WA 98168. 2. Vacation of Property. The City shall provide MASITALO with thirty (30) days' written notice prior to the anticipated date that the City will acquire title to the Property. MASITALO agrees to vacate the Property within this 30-day period or by April 30, 2019, whichever occurs sooner. Nothing in this agreement shall affect MASITALO's rights under their lease with Kang nor MASITALO's ability to vacate the Property prior to receiving the City's 30-day notice. SETTLEMENT AGREEMENT - 1 3. Participation in Condemnation Proceedings and Release. In exchange for payment provided to MASITALO under this Agreement, MASITALO knowingly and voluntarily agrees to release and forever discharge the City (including its past and present officers, officials, directors, shareholders, employees and successors in interest) from all claims, demands, liabilities, and causes of action of any nature related in any way to the City's acquisition of the Property, the Project, relocation assistance under chapter 8.26 RCW or federal law, or arising from MASITALO's current lease agreement with Kang, whether the bases of such claims, demands, liabilities, and/or causes of action are currently known or unknown and whether such claims, demands, liabilities, and/or causes of action have accrued in the past or will first accrue in the future. MASITALO agrees not to contest public use and necessity of the Project and agrees to grant the City provide reasonable access to the Property for the purpose(s) of permitting the City and its agents to conduct surveys, building assessments, environmental assessments, and other related inspections, should such a need arise. MASITALO further agrees not to not move to vacate any judgments against it that have arisen from the City's condemnation proceedings to acquire the Property. 4. Subleases and Assignment. MASITALO affirms and acknowledges that is has no subleases in the tenant space it currently occupies. MASITALO agrees not to enter into any subleases, and MASITALO shall not assign this Agreement without the express written consent of the City. 5. Insurance. MASITALO must maintain tenant insurance with liability limits of at least $100,000. Proof of insurance is required within 15 days of execution of this Agreement. 6. No Admissions. This Agreement does not constitute an admission of liability by the Parties. In the event of future inquiries, the Parties agree not to disparage any other with respect to the subject matter of this Agreement. This paragraph does not preclude or otherwise impact the City's obligation to comply with the Public Records Act, nor does it preclude either party from seeking to enforce the terms of this Agreement. In any dispute resolution proceeding between the Parties in connection with this Agreement, the prevailing party will be entitled to recover its reasonable attorneys' fees and costs from the other party. 7. Remedies. Upon MASITALO's vacation or abandonment of the Property, the City will consider any property left on the Property to be abandoned property of no value. MASITALO consents to having any personal property, garbage, or waste left at the Property after the tenancy terns, or after MASITALO abandons the property, discarded at MASITALO's expense. In the event of non-compliance with any term of this agreement, such non-compliance shall be deemed a default condition resulting in MASITALO forfeiting the final payment of $5,000. In the event of default, the City retains sole discretion to seek repayment of the initial payment of $5,000. In the event of default, the City may terminate all of MASITALO's rights herein. 8. Authority. The signatories to this Agreement represent that they have the full right and authority to enter into this Agreement on behalf of the Parties and the full right and authority to fully bind the Parties to the terms and obligations of this Agreement. MASITALO further represents affirms and acknowledges that there are no subleases to the tenant space it currently occupies, and MASITALO expressly agrees not to enter into any such subleases. SETTLEMENT AGREEMENT - 2 9. Entire Agreement; Venue; Attorneys' Fees. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. 10. Effective Date. The effective date of this Agreement is the date of mutual execution of the Agreement. 11. Knowing and Voluntary Execution. The Parties hereto enter into this Agreement knowingly, willingly, voluntarily, freely, and without any coercion. The parties have been advised to consult with an attorney concerning this Agreement and have had adequate opportunity to seek the advice of legal counsel in connection with this Agreement. AGREED TO BY: THE CITY OF TUKWILA a Washington municipal corporation J19 Approved as to foiuu: Rachel B. Turpin City Attorney MASITALO ssica Masitalo SETTLEMENT AGREEMENT - 3 NOTARY ACKNOWLEDGEMENT STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Jessica Masitalo is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. DATED this 70day of t,t rye-- , 2018. Printed Name(Lb4z,9 De de_or) Notary Public in and for the State of Washington. My commission expires /), ' / fri WASO NOTARY ACKNOWLEDGEMENT STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Steve Griffin is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. DATED this 2O day of L r'A-Q' -- , 2018. \\111Ite CaintA toN Printed Name: ip-,' < / n ► / iD i Cl �� L (' Notary Public in and for the State oashington. My commission expires I) - / / C1 C)►'►n��.,. WASH SETTLEMENT AGREEMENT - 4