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21-049.00 FNF Investments: Sullivan Wellesley Intersection Improvements bgl 1 2 3 4 5 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 9 IN AND FOR THE COUNTY OF SPOKANE 10 CITY OF SPOKANE VALLEY, a 11 municipal corporation of the State of Case No. 2020-3460-32 12 Washington, SE 1-1'LEMENT AGREEMENT 13 Petitioner, 14 v. 15 Spokane County Assessor FNF INVESTMENTS, LLC, a Washington Parcel Number 45021.5907 and 16 limited liability corporation, and KEATON 45021.5909 17 FLANIGAN, an individual; 18 Respondents, 19 20 and, 21 22 WASHINGTON WATER POWER CO., now known as AVISTA 23 CORPORATION, a Washington State 24 corporation; INLAND POWER AND 25 LIGHT, CO., a Washington State Cooperative Association; the WTW 26 REVOCABLE LIVING TRUST; and 27 All Unknown Owners and Unknown 28 Tenants, 29 Necessary Parties. 30 31 Petitioner, the City of Spokane Valley and Respondents FNF Investments, LLC and 32 SETTLEMENT AGREEMENT—Page 1 E'ITER,MCMAHON,LAMBERSON, • VAN WERT&ORESKOVICH,P.C. 618 WEST RIVERSIDE AVENUE,SUITE 210 SPOKANE,WASHINGTON 99201 (509)747-9100 1 Keaton Flanigan, in the above-captioned matter, have reached an accord and settlement 2 which will resolve all claims and causes of action by and between all of the parties and do 3 4 hereby agree as follows: 5 6 A. Petitioner shall pay to Respondents, in consideration of the agreements set forth below, 7 by depositing in the Registry of Spokane County Superior Court the total sum of 8 9 $46,500.00, due within 21 days of the date of approval of this Agreement by the City of 10 Spokane Valley City Manager. 11 12 -B. In consideration of said payment, Respondents agree to grant to Petitioner the portion 13 of property subject to condemnation as set forth in the Petition for Condemnation. 14 15 Respondents shall also execute the necessary deeds consistent with the terms of this 16 agreement, including proof of signing authority on behalf of Respondent FNF 17 18 Investments, LLC, and shall deliver the necessary deeds and any accompanying tax 19 forms to Petitioner upon signature of this Agreement. 20 21 C. Upon signature of this Agreement by the parties, approval of the City of Spokane 22 Valley City Manager,'receipt of the executed deeds, and receipt of full payment as set 23 24 forth in this Agreement, Petitioner's counsel shall prepare, and all parties shall sign, a 25 Stipulated Judgment,Decree of Appropriation, and Order of Dismissal with Prejudice. 26 27 D. Each of the parties shall bear their own costs and attorney fees not expressly set forth in 28 29 this Agreement and shall execute such pleadings or other writings necessary to 30 effectuate the terms of this Agreement. 31 32 E. The parties mutually agree and acknowledge that this settlement constitutes a full, fmal SETTLEMENT AGREEMENT—Page 2 E I1'ER,McMAHON,LAMBERSON, VAN WERT&ORESKOVICH,P.C. 618 WEST RIVERSIDE AVENUE,SUITE 210 SPOKANE,WASHINGTON 99201 (509)747-9100 1 and complete release of any and all claims or causes of action against one another or 2 any other party named in the Petition for Condemnation, which was made part of the 3 4 Petition for Condemnation, or could have been claimed in any Petition against the - -- - 5 — named Respondents as it relates to the underlying cause of action which forms the basis 6 7 of this dispute. 8 9 F. In any action—to enforce—the terms of this agreeit eni; the pevatlitig-party stall be - - ---- 10 entitled to reimbursement of costs and attorneys' fees incurred therein. 11 12 - - - ----- -- - T - 13 SIGNED AND AGREED TO: 14 ETTER, McMAHON, LAMBERSON, - - - 15 VAN WERT, & ORESKOVICH, P.C. 16 By: n ! ottu,_ Dated: 5-J 2l 2-4 17 ME G AN ( . CLARK, WSBA#46505 18 Atto - or Petitioner 19 20 By: Dated: Z- 21 FNF INV NTS, LLC 22 SBRT N j -i,un Respondent 23 ' 24 25 ifBy: Dated: 5/ l2 1z 26 N FLANIGAN Respondent K cl ElCl f1f oat&7 27 28 29 30 31 32 SETTLEMENT AGREEMENT—Page 3 ETTER,MCMAHON,LAMBERSON, VAN WERT&ORESKOVICH,P.C. 618 WEST RIVERSIDE AVENUE,SUITE 210 SPOKANE,WASHINGTON 99201 (509)747-9100 1 By: mAti40-1,‘_ Dated: 2, 2 Z ,k� 11� 1 2 CALHO City Manager 3 City of Spokane Valley • 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 - 27 28 29 30 31 32 SETTLEMENT AGREEMENT—Page 4 E•1TER,MCMAHON,LAMBERSON, VAN WERT&ORESKOVICH,P.C. 618 WEST RIVERSIDE AVENUE,SUITE 210 SPOKANE,WASHINGTON 99201 (509)747-9100