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HomeMy WebLinkAbout26-078.00 Spokane Tree Pro - Settlement AgreementAWN 000%� SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT AND RELEASE ("Agreement") is entered into by and between SPOKANE TREE PRO (hereinafter referred to as "STP"), and the CITY OF SPOKANE VALLEY, a municipality (hereinafter referred to as the "City") and is effective on the last date of execution established below. STP and the City are sometimes hereinafter referred to collectively as the "Parties." I. RECITALS A. STP is the appellant and the City is the respondent in two administrative appeals filed with the City's Hearing Examiner. B. The appeals dispute the Notice and Order related to code enforcement case number NUI-2026-0045 and the Notice and Order related to code enforcement case number NUI-2026-0055. The Notice and Orders imposed civil penalties for municipal code violations as set forth in more detail therein, issued by the City to STP (hereafter the "violations"). C. The Parties enter into this Agreement to settle and resolve all of the claims and disputes between them arising out of the subject matter hereof, including all claims made or that could have been made in the appeals, pursuant to the terms of this Agreement. II. AGREEMENT NOW THEREFORE, in consideration of the foregoing and the mutual promises set forth below, and other good and valuable consideration the parties therefore agree: 1. Recitals Incorporated by Reference. The Parties incorporate the above Recitals as part of their Agreement as if fully restated herein. 2. Closure and dismissal of Code Enforcement Case NUI-2026-0055. Immediately following execution of this Agreement by all Parties and the City's receipt of the payment identified in Section 3, the City shall close and dismiss with prejudice code enforcement case number NUI-2026-0055. This includes the rescission of the monetary penalty assessed against STP and refund of the appeal application fee associated with the appeal of NUI-2026-0055. STP elects to apply and subtract said refund amount from the payment due to the City pursuant to Section 3. 3. Payment. Subject to the following terms and conditions, STP agrees to pay the City $2,000.00 (hereafter "Payment"). $1,418.00 shall be paid by cashier's check or certified check. The balance shall be paid by applying the refund detailed in Section 2. Payment will be made to the City by not later than May 29, 2026, and will be directed to City of Spokane Valley, 10210 E. Sprague Avenue, Spokane Valley, WA 99206. Upon timely payment, the City will mark the violation associated with NUI-2026-0045 "paid" and will take no further action to enforce the Notice and Order. 4. Dismissal of Pending Appeals. STP hereby withdraws both appeals. 5. Future Violations. The City's closure of NUI-2026-0046 and NUI-2026-0055 pursuant to the terms of the Agreement is with prejudice. The City retains its right to enforce future violations of the Spokane Valley Municipal Code. 6. Mutual Release and Discharge of Claims. The Parties hereby waive, release, and forever discharge each other from any and all past, present, or future claims, demands, obligations, actions, causes of action, claims, rights, damages, costs, attorneys' fees, consultants' fees, experts' fees, losses of services, expenses and compensation of any nature whatsoever ("Claims"), whether based in tort, contract, civil rights law, constitutional provisions, statutory rights, local laws, the common law, equity, or any other theory of recovery, which they have or which may hereafter accrue or otherwise be acquired, which are, or might have been, the subject of NUI-2026-0046 and NUI-2026-0055 or arisen therefrom. This release and discharge of all Claims shall also apply to each Party's past, present, and future officers, attorneys, agents, servants, representatives, employees, predecessors and successors in interest, and assigns, and all other persons, firms, or corporations with whom any of the former have been, are now, or may hereafter be affiliated. The mutual releases granted herein is a full and general release, with no Claims reserved. This release and the terms of this Agreement are fully binding and constitute a complete settlement by the Parties, and the heirs, assigns, and successors of each. 7. Interpretation. This Agreement has been reviewed and revised by legal counsel for all Parties, and no presumption or rule construing ambiguity against the drafter of the document shall apply to the interpretation or enforcement of this Agreement. 8. Authority. By executing this Agreement, each Party represents and warrants that it has taken all necessary steps under its corporate authorities to authorize such act, and that its execution of this Agreement is valid and binding for all purposes articulated herein. Each signatory to this Agreement represents and warrants that he or she has full power and authority to execute and deliver this Agreement on behalf of the Party for which he or she is signing, and that he or she will defend and hold harmless the other Parties and signatories from any claim that he or she was not fully authorized to execute this Agreement on behalf of the person or entity for whom he or she signed. 9. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original, but all of which shall constitute one (1) instrument. Delivery of the executed counterpart of this Agreement via facsimile or electronic mail in portable document file format (.pdf) shall be as effective as delivery of an originally signed executed counterpart of this Agreement. 10. Notices. All notices, demands, statements, and requests (collectively, the "notice") required to be given under this Agreement must be in writing and shall be deemed to have been properly given or served as of the date hereinafter specified: (i) on the date of personal service upon the person to whom the notice is addressed or if such person is not available the date such notice is left at the address of the person to who it is directed, (ii) on the date the notice is postmarked by the United States Post Office, provided it is sent prepaid, registered or certified mail, return receipt request, (iii) on the date the notice is delivered by a courier services (including Federal Express, Express Mail, UPS or similar operation) to the address of the person to whom it is directed, provided it is sent prepaid, return receipt requested, or (iv) on the date 2 A40*4 001*1 sent via email to the email address of the person to whom it is directed, provided it is sent prior to 5:00 p.m. Pacific time on the day of submission (otherwise, it shall be deemed received the next business day). The address of the signatories to this Agreement is set forth below: City of Spokane Valley: c/o Jenny Nickerson City of Spokane Valley 10210 E. Sprague Avenue Spokane Valley, 99206 And a copy to: Office of the City Attorney c/o Caitlin Prunty City of Spokane Valley 10210 E. Sprague Avenue Spokane Valley, 99206 cprunty@spokanevalley.org Spokane Tree Pro: Ben Stanton 9116 E Sprague Avenue, # 441 Spokane Valley, WA 99206 And a copy to: Northwest Corporate Counsel c/o David Bingaman P.O. Box 141997 Spokane Valley, WA 99214 david@nwcorporatecounsel.com Each Party shall have the right at any time, upon at least ten (10) days' prior written notice, thereof in accordance with the terms, provisions and conditions hereof, to change its respective address and to specify any other address within the United States of America; provided however, notwithstanding anything herein contained to the contrary, in order for the notice of address change to be effective it must actually be delivered. Refusal to accept delivery of a notice or the inability to deliver a notice because of an address change which was not properly communicated shall not defeat or delay the giving of a notice. 11. Headings. The headings used in this Agreement are for convenience only and shall not be used to interpret the terms of this Agreement. 12. Severability. This Agreement does not violate any federal or state statute, rule, regulation, or common law known; but any provision which is found to be invalid or in violation of any statute, rule, regulation, or common law shall be considered null and void, with the remaining provisions remaining viable and enforceable to the extent permitted by law. Adukk OWMIN 13. Dispute Resolution. It is the Parties' intent to work cooperatively and to resolve disputes concerning this Agreement in an efficient and cost-effective manner. a. Settlement Meeting. If any dispute arises between the Parties relating to enforcement of this Agreement, then the Parties shall meet and seek to resolve the dispute in good faith, within twenty (20) days after a Parry's request for such a meeting. b. Unresolved Disputes. In the event that the Parties are unable to resolve their dispute at the Settlement Meeting, either Party may commence an action in Spokane County Superior Court to enforce this Agreement. C. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws principles. Venue for any dispute under this Agreement shall lie exclusively in the Spokane County Superior Court, and the Parties hereby waive any claim of forum non conveniens. d. Specific Performance and Materiality. The Parties specifically agree that damages are not an adequate remedy for breach of this Agreement and that the Parties are entitled to compel specific performance of all material terms of this Agreement by any Party in default hereof. All terms and provisions of this Agreement are material. e. Attorneys' Fees. In any judicial action to enforce this Agreement, the prevailing party (or the substantially prevailing party, if no one party prevails entirely) shall be entitled to reasonable attorneys' fees, expert witness fees, and costs, including fees and costs incurred in the appeal of any ruling of a lower court. 14. No Waiver of Right to Demand Performance. No failure on the part of any Party to exercise and no delay in exercising any right or remedy under this Agreement shall operate as a waiver thereof; nor shall any single or partial exercise by any Party of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right. 15. Full Understanding. The Parties each acknowledge, represent and agree that they have read this Agreement; that they fully understand the terms thereof, that they have had the opportunity to be fully advised by their legal counsel and any other advisors with respect thereto; and that they are executing this Agreement after sufficient review and understanding of its contents. 16. Final and Complete Agreement. This Agreement is integrated and constitutes the final and complete expression of the Parties on all subjects relating to NUI-2026-0046 and NUI- 2026-0055. This Agreement may not be modified, interpreted, amended, waived, or revoked orally, but only by a writing signed by all Parties. This Agreement supersedes and replaces all prior agreements, discussions and representations on all subjects discussed herein, without limitation. No Party is entering this Agreement in reliance on any oral or written promises, inducements, representations, understandings, interpretations, or agreements other than those contained in this Agreement. 51 A*4 rms. IN WITNESS WHEREOF, the Parties have signed this Agreement as set forth by the signatures appearing below. SPOKANE TREE PRO, a Washington limited liability company Ben anton, on behalf of STP Date: [ice APPROVED AS TO FORM M j David Bingaman, Attorney for Spokane Tree Pro CITY OF SPOKANE VALLEY, a Washington municipal corporation ohn Hohman, City Manager Date: the City/Attorney