HomeMy WebLinkAboutCONSENT Settlement Agreement JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Environmental Health & Prosecuting Attorney's Office
DATE: August 11,2025
SUBJECT: Settlement Agreement
STATEMENT OF ISSUE:
In 2021, a new septic system was installed at a Jefferson County residence. Unfortunately, all parties
involved did not realize the septic system was inadvertently designed, permitted, and installed too close to a
neighboring well. This issue was recently being brought to the county's attention, and all parties timely
worked together in a collaborative manner to remedy the situation. All parties are in agreement on a
proposed Settlement Agreement.
ANALYSIS:
WAC 246-272A-0210 sets location standards for septic systems. The parties have successfully identified an
alternative location on the subject property that allows for proper set back distance from the neighboring
well. Work is anticipated to begin this week to relocate the septic system.
FISCAL IMPACT:
The county will pay 40% of the relocation costs, which amounts to$7,837.72 dollars.
RECOMMENDATION:
Staff respectfully requests that BoCC approve the attached Settlement Agreement and make a motion to
authorize the BoCC Chair to sign the Settlement Agreement on behalf of BoCC.
REVIEWED BY:
Jos eters,County Administrator Date
SETTLEMENT AGREEMENT
BETWEEN JEFFERSON COUNTY, SHOLD EXCAVATING, INC.,AND SUZANNE
MARTIN,AN INDEPENDENT SEPTIC DESIGNER
This Settlement Agreement between Jefferson County (County), a municipal corporation,
Shold Excavating, Inc. (Shold), a licensed corporation, and Suzanne Martin (Martin), a septic
system designer, (collectively the Parties)is hereby dated and made effective this
(day) of (month), 2025.
WHEREAS, in 2020 the Parties worked on a project to design and install a new septic
system located at 392 Juanita Drive, Brinnon,WA 98320(Subject Property); and
WHEREAS,WHEREAS, Ms. Martin designed the system,the County permitted the
septic system, and Shold install the septic system as per the designed and permitted plans; and
WHEREAS,unfortunately all Parties did not realize the septic system was inadvertently
designed,permitted and subsequently installed too close to a neighboring property's well,
resulting in a violation of WAC 246-272A-0210; and
WHEREAS,upon this matter being brought to their attention,the Parties worked together
to identify an alternative location on the Subject Property that accommodates an appropriate
setback distance from the neighboring property's well;
WHEREAS, Shold has provided an invoice dated July 2, 2025, for completing the re-
installation of the septic system to the alternative location on subject project at cost for
$19,594.30 dollars;
WHEREAS,the Parties have longstanding, good working relationships and wish to
resolve this matter amicably;
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WHEREAS,the Parties wish to timely settle and resolve any claims and potential claims
arising out of, or relating to,the misplaced septic system, subject to the terms and conditions of
this Settlement Agreement(Agreement); and,
WHEREAS, the purpose of this Agreement is to forever settle and resolve the disputes,
claims and controversies between and among the Parties, existing as of the date the last Party
signs this Agreement.
NOW THEREFORE, the Parties by and through their signatures agree to settle on the
following terms:
1. Consideration. The Parties agree as follows:
1.1. Within 5 business days of his execution of this Agreement, the County shall issue
a permit approving a new septic system for the Subject Property and re-installation shall occur as
soon as is reasonably possible, based on the Parties schedules, and in coordination with the
subject property owner.
1.2. Within 10 days of its execution of this agreement, Ms. Martin shall pay 60% of
the re-installation cost($11,756.58 dollars)to Shold in full settlement of all claims in this matter.
1.3. Within 10 days of its execution of this agreement, the County shall pay 40% of
the re-installation cost($7,837.72 dollars)to Shold in full settlement of all claims in this matter.
1.4. Upon Ms. Martin's and the County's full and fmal payment of the full settlement amount
set forth in Sections_1.2 and 1.3, fully executed copies of this Agreement having been exchanged between
the Parties, and successful completion of the re-installation of the septic system on the Subject Project,the
Parties shall exchange written confirmation of project completion.
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2. Release. The Parties agree to not bring any claims against each other, including
any other claims for damages, debts, losses, expenses, warranty, attorney's fees, rights of action,
and causes of action, whether statutory, contractual, based in tort, and whether at law or in
equity, past, present or future, known or unknown, that may exist on the date the last Party signs
this Agreement.
3. Representations and Warranties. The Parties represent and warrant as follows:
3.1. That Ms. Martin expressly has the authority to execute this Agreement and that
this Agreement as so executed shall be binding upon Ms. Martin, her heirs, executors,
administrators, agents,representatives, successors, and assigns;
3.2. That, upon approval of the Board of County Commissioners, the County
expressly has the authority to execute this Agreement and that this Agreement as so executed
shall be binding upon the County, its agents, representatives, successors, and assigns;
3.3. That Shold expressly has the authority to execute this Agreement and that this
Agreement as so executed shall be binding upon the corporation, its agents, representatives,
successors, and assigns;
3.4. That the representations, terms, and conditions of this Agreement shall endure
forever and shall survive the execution of this Agreement and the settlement of the claims
described in it; and,
3.5. That the Parties have read and fully understand and assent to the representations,
terms, and conditions of this Agreement.
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4. General Conditions. The parties agree to the following general conditions:
4.1. Controlling Law. It is understood and agreed that this Agreement is entered into
in the State of Washington. It is agreed that this Agreement shall be governed by and construed
in accordance with the laws of the United States and of the State of Washington as if applied to
transactions entered into and to be performed wholly within Washington between Washington
residents. No Party shall argue or assert than any law other than Washington law applies to the
governance or construction of this Agreement.
4.2. Entire Agreement. No representation or promise not expressly contained in this
Agreement has been made. The Parties to this Agreement further acknowledge that they are not
entering into this Agreement based on any promise or representation, expressed or implied,
which is not expressly contained in this Agreement. This Agreement supersedes any prior
agreement with respect to those subjects embraced within this Agreement. This Agreement
memorializes the entire agreement of the Parties.
4.3. No Assignment. The Parties represent, warrant and agree that they have not
assigned, transferred, conveyed, encumbered or in any manner otherwise disposed of all or any
portion of the claims, actions, causes of action, suits, potential causes of action, demands,
disputes, rights, obligations, or interests of any nature or kind whatsoever covered by this
Agreement,whether before or after they occurred, regardless of whether they have occurred as of
the date of this Agreement.
4.4. No Inducements. The Parties acknowledge that there have been no inducements
or representations upon which any of the Parties have relied entering into this Agreement, except
as expressly set forth in this Agreement.
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4.5. No Third-Party Beneficiaries. The Parties do not intend, and nothing in this
Agreement shall be construed to mean, that any provision in this Agreement is for the benefit of
any person or entity who is not a Party.
4.6. Modification of this Agreement. This Agreement may be amended or
supplemented only by a writing that is signed by duly authorized representatives of all the
Parties.
4.7. Signature in Counterparts. The Parties agree that separate copies of this
Agreement may be signed by each of the Parties and this Agreement will have the same force
and effect as if all the Parties had signed the original.
4.8. Electronic Signatures. The Parties agree that electronic signatures sent by email
will have the same force and effect as original signatures.
4.9. Cooperation. The Parties agree that they shall facilitate, in good faith, the
effectuation of this Agreement.
4.10. Voluntary Undertaking. The Parties acknowledge that they have read this
Agreement and are fully aware of the contents of this Agreement and its legal effect.
4.11. Investigation and Complete Understanding. The Parties acknowledge that they
have made such investigation of the facts pertaining to this Agreement and all matters contained
herein as they deem necessary, desirable, or appropriate. The Parties expressly understand that
the facts later may turn out to be other than or different from the facts now known or believed to
be true. The Parties expressly assume the risk of such different facts and agree that all provisions
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of this Agreement shall remain in all respects effective and enforceable and not subject to
termination or rescission by reason of any such different facts.
4.12. Independent Legal Advice and Investigation. In entering into this Agreement, the
Parties acknowledge that they have had the opportunity to receive independent legal advice from
their own counsel and have relied on their own investigation and upon the advice of their own
attorney with respect to the advisability of making the settlement provided in this Agreement.
4.13. No Oral Waiver. No term or provision of this Agreement will be considered
waived by either Party, and no breach excused by either Party, unless such waiver or consent is
in writing signed on behalf of the Party against whom the waiver is asserted. No consent by
either Party to, or waiver of, a breach by either Party, whether express or implied, will constitute
a consent to,waiver of, or excuse of any other, different, or subsequent breach by either Party.
4.14. Opportunity to Consult with Legal Counsel. All Parties agree they had the
opportunity to have the assistance and advice of competent, independent legal counsel in
reviewing this Agreement.
4.15. Joint Negotiating and Drafting Effort. The Parties acknowledge and agree that
the negotiating of this Agreement has been a joint effort by the Parties and that this Agreement
shall not be deemed negotiated solely by any one of the Parties. The terms of this Agreement
shall be interpreted fairly and in accordance with their intent and not for or against any one of the
Parties. The Parties further acknowledge and agree that each of the Parties possess equal
bargaining power with respect to this Agreement. The Parties agree and acknowledge that while
the County drafted this Agreement, a draft version was sent around to all Parties to review,
comment,and edit prior to final signature by all Parties.
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4.16. Admissibility of this Agreement. Any evidence of the existence, terms or
negotiation of this Agreement shall be inadmissible in any litigation, provided, however, that
such evidence may be offered in any dispute concerning this Agreement itself and the Parties
may offer such evidence in response to any allegation of misconduct by them. This Agreement
has been entered into in reliance upon the provisions of Rule 408 of the Federal Rules of
Evidence ER 408, and similar state law provisions in other states which preclude the introduction
of evidence regarding settlement negotiations or agreements.
4.17. No Admission of Liability. The payment of the amounts described in this
Agreement is for the compromise of disputed claims, and neither such payment nor its receipt
shall be construed as an admission by either Party. By entering into this Agreement, the Parties
make no admission that they have any liability or obligation to each other or to any other person.
Each Party understands and agrees that nothing in this Agreement is intended to nor shall be
deemed nor construed to be an admission of liability by any Party in any respect or to any extent
whatsoever.
4.18. Severability. Provided it does not result in a material change in the terms of this
Agreement, if any provision of this Agreement or the application of this Agreement to any
person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of
this Agreement and the application this Agreement shall not be affected and shall be enforceable
to the fullest extent permitted by law.
4.19. Additional Documents and Action. Each Party to this Agreement agrees to
execute, or cause their counsel or representatives to execute on their behalf, any additional
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documents and to take any further action which may reasonably be required to fulfill the
obligations of the Parties under this Agreement.
IN WITNESS WHEREOF, the undersigned have executed this Settlement Agreement
on the date inserted by their respective signatures.
(SIGNATURES FOLLOW ON NEXT PAGES)
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RECEIVED
JUL 2 8 2025
Jenerson Lounty
Environmental Public Health
SUZANNE MARTIN
Dated: 2.8 -aLNt z4=' By:
Suzanne Martin
STATE OF WASHINGTON )
) ss
COUNTY OF JEFFERSON )
SUBSCRIBED AND SWORN to before me thisiehday of Kl , 2025 by
SUZANNE MARTIN.
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4. ss1O"E'0�i)4 , otary Pub is in and he Stake of
'.0 167S7S '"s 5 Washington, residing at-%,-,r-
L € S
N� y�sk2i Zt 4". My Commission Expires pi ) �Zc
Ill, O;WAS`;\``��
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JEFFERSON COUNTY
Dated: By:
Heidi Eisenhour, Chair
Jefferson County Board of Commissioners
STATE OF WASHINGTON )
ss
COUNTY OF JEFFERSON )
SUBSCRIBED AND SWORN to before me this—day of , 2025 by
, known to be the of
JEFFERSON COUNTY.
Notary Public in and for the State of
Washington, residing at
My Commission Expires
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SHOLD EXCAVATING, INC.
Dated: 7 23/Zp 2 By: l/M•/71 j A . Jo hh Soul
V
Representative: //4,09,>
STATE OF WASHINGTON )
ss
COUNTY OF JEFFERSON )
SUBSCRIBED AND SWORN to before me this.23f day of it( , 2025 by
I /���
�, i p A L A con , known to be the✓c P/tsieIe t oS4o(ol EXrava 1n to of
JEFFERSON COUNTY.
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`����a�uuuu►,,,,�� G f
p.���..•' j,�,, Notary Public in and for the St e of
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00TAR� ? Washington, residing at o rt ,t116614
PueoG
• • • My Commission Expires&,pfets , fi 16)4,
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