HomeMy WebLinkAboutGunstone Settlement Agreement 2006r
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SETTLEMENT AGREEMENT AND
FINAL RELEASE OF CLAIMS
This SETTLEMENT AGREEMENT AND FINAL RELEASE OF CLAIMS
Agreement") is made as of the o2" day of 2006 by and among REED
GUNSTONE and DIANE GUNSTONE, husband and wife; CHARLES GUNSTONE, JR. and
IRENE GUNSTONE, husband and wife; REED C. GUNSTONE as Trustee for KRISTA R.
GUNSTONE and REED C. GUNSTONE, JR., a Washington Trust; J&G GUNSTONE
CLAMS, INC., a Washington corporation; DISCOVERY BAY LAND COMPANY, a
Washington corporation, collectively referred to (hereinafter as "Plaintiffs"); and
JEFFERSON COUNTY and its insurer, the WASHINGTON COUNTIES RISK POOL
hereinafter collectively referred to as "Jefferson County").
RECITALS
The Plaintiffs brought suit against Jefferson County in the case entitled Gunstone, et al.
v. Jefferson County, et al., Kitsap County Cause No. 99-2-00536-0 ("Lawsuit"). The action
arose from the washout of the Old Gardiner Road fill across Contractors Creek in Jefferson
County. Jefferson County counterclaimed against the Plaintiffs for the County's damages
arising from the incident. The County's counterclaim was settled in 2002.
The Plaintiffs and Jefferson County have now agreed to settle the Plaintiffs' claims
against Jefferson County. The terms of this Agreement are set forth below.
AGREEMENT
The Plaintiffs and Defendant Jefferson County hereby compromise and settle the
Plaintiffs' claims against the County as follows:
1. FOR AND IN CONSIDERATION OF the payment to Plaintiffs, hereby jointly
and severally acknowledged as the sole consideration amongst the Parties, of the sum of TWO
HUNDRED THOUSAND AND 00/100 DOLLARS ($200,000), Plaintiffs, their heirs, agents,
executors, administrators, successors and assigns, forever jointly and severally release, acquit
and forever discharge Jefferson County, its employees, officials, agents and insurers, from any
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594048 v 1 99971-001
and all claims by the Plaintiffs against the County for the Plaintiffs' damages, attorney's fees
and costs caused by, arising from, or in any respect related to, any of the incidents described
in the Fourth Amended Complaint for Damages in the Lawsuit, including but not limited to
claims of negligence, strict liability, trespass, nuisance, inverse condemnation, negligent
design, diversion of water, altering natural drainage course, channeling or diverting of water,
failure to maintain, obstructing, eroding, gathering or concentrating waters, and, engaging in
any intentional or negligent act whatsoever.
2. This Agreement encompasses all claims by the Plaintiffs for their damages,
attorneys fees and costs caused by, arising from, or in any respect related to, any of the events
and conditions described in paragraph 1, regardless of whether the Plaintiffs asserted such
claims in this action and regardless of whether such claims are actual or potential, have
accrued or will accrue in the future, or are presently known or unknown to the Plaintiffs or to
any of their agents, representatives or attorneys.
3. In making this Settlement Agreement, Jefferson County does not hereby make
any representation or admission that it was in any respect responsible or liable for any of the
Plaintiffs' damages.
4. No promise or inducement which is not herein expressed has been made to the
Plaintiffs in executing this Agreement. They do not rely upon any statement or representation
made by the County or any agent or any other person representing the County, concerning the
nature, extent or duration of said damages or losses or the legal liability therefor.
5. This document contains the ENTIRE AGREEMENT between the Parties
hereto, and the terms of this document are contractual and not a mere recital.
6. This Agreement and all terms and provisions herein shall inure to the benefit of,
and be legally binding upon the heirs, executors, personal representatives, successors and
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594048 v 1 / 99971-001
assigns of the Parties hereto. No third party beneficiaries are intended to be benefited by its
provisions.
7. In the event of any litigation to interpret or enforce this Agreement, including
but not limited to filing suit or requesting arbitration, mediation, or other alternative dispute
resolution process, and appeals in collateral actions relative to any such suit or proceeding, the
substantially prevailing party as determined by the court, or in the proceeding, shall be entitled
to recover its reasonable attorneys' fees and all costs and expenses incurred relative to such
suit or proceeding from the substantially non -prevailing party, in addition to such other relief
as may be awarded, provided, however, that, if the dispute is finally resolved in a mediation,
neither party shall recover its fees from the other, except to the extent any final agreement
reached between the parties to the mediation reflects any consideration of fees incurred by any
party.
8. If any term, convent, or condition of this Agreement is held to be invalid or
unenforceable in any respect, such invalidity or unenforceability shall not affect any other
provision hereof and this Agreement shall be construed as if such invalid or unenforceable
provision had never been contained herein.
9. The signatories to this Agreement warrant that each has the authority to execute
this Agreement and further state that they have carefully read the foregoing Agreement, had
the advice of their attorney, regarding it, know the contents thereof, and they sign the same as
their own free act.
10. Time is of the essence of this Agreement.
11. The Agreement will be interpreted equally against all parties.
12. This Agreement shall be governed by and construed in accordance with the laws
of the State of Washington, except to the extent preempted by federal law. Venue for any
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594048 v / 99971-001
action arising out of or relating to this Agreement shall lie in Jefferson County Superior Court.
13. Any notices required or allowed to be furnished pursuant to the terms hereof
shall be provided to the Parties as set forth below at the addresses indicated below. Notices
hereunder shall be in writing and may be hand delivered, mailed, delivered by overnight
courier service or, if facsimile numbers are provided below, transmitted by facsimile. Copies
of all notices must be furnished to the attorneys for the parties as set out below:
Plaintiffs:
Reed Gunstone
P.O. Box 4118
Sequim, WA 98382
Attorneys for Plaintiffs:
Pete Buck
BUCK & GORDON
1011 Western Avenue, Suite 902
Seattle, WA 98104
Telephone: 206-382-9540
Facsimile: 206-626-0675
Karen A. Willie
Law Offices of Karen A. Willie
11 West McGraw Street
Seattle, WA 98119
Telephone: 206-223-1060
Facsimile: 206-223-0168
Jefferson County:
John Fishbach
County Administration
Jefferson County Courthouse
Jefferson County
Port Townsend, WA 98368
594048 v1 / 99971-001
Counsel for Jefferson County:
Mark R. Johnsen
KARR TUTTLE CAMPBELL
1201 Third Avenue, Suite 2900
Seattle, WA 98101
Telephone: 206-224-8020
Facsimile: 206-682-7100
14. This Agreement may be executed in counterparts, each of which shall be
deemed an original and all of which together shall constitute one and the same instrument. In
addition, delivery of executed counterparts of this Agreement one another via facsimile shall
have the same legal effect as delivery of an original, and any such delivery shall be promptly
followed by delivery of the executed hard copy.
PLAINTIFFS
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594048 v1 / 99971-001
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Approved as to .
By: —
K ren Willie
Plaintiffs' Counsel of Record
JEFFERSON COUNTY:
Approved:
By:
John lshbach
Its Administrator
Approved as to Form:
By: !4
Mark Johnsen
Defendant's Attorney of Record
STATE OF WASHINGTON)
A / )
ss.
COUNTY OF & fitl
On this day personally appeared before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally appeared Reed C.
Gunstone and Diane Gunstone, husband and wife, to me known to be the individuals
described in and who executed the within and foregoing instrument, and acknowledged that
they signed the same as their free and voluntary act and deed, for the uses and purposes
therein mentioned.
KIM
594048 v 1 199971-001
Given under my hand and official seal this .-Z7Qay of CC4-0,- , 2006.
J. L GERBER
NOTARY PUBLIC P int Na e: J.L. GERBER
STATE OF WASHINGTON OTA PUBLIC in and f r the State of
CONVIAISSION EXPIRES Was mgton, residing atMAY23. 2010 My commission expire 7 0
STATE OF WASHINGTON)
ss.
COUNTY 0e,&e )
On this day personally appeared before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally appeared Irene
Gunstone, individually and on behalf of the Estate of Charles Gunstone, Jr. and their
marital community to me known to be the individual described in and who executed the
within and foregoing instrument, and acknowledged that she signed the same as their free and
voluntary act and deed, for the uses and purposes therein mentioned.
Given under my hand and official seal this Z- w of , 2006.
J. L GERBER
NOTARY PUBLIC
STATE OF WASHINGTON
COM.'JISSION EXPIRES
MAY 23, 2010
STATE OF WASHINGTON)
ss.
COUNTY OF
P int Na e. J.L. ERB
PUBLIC in and:
4= of
Washington, residing at
My commission expires 2we.
On this. -:2,? 77,
day of). , 2006, before me personally
appeared Reed C. Gunstone, to me known (or proven on the basis of satisfactory evidence) to
be the Trustee under that certain Krista R. Gunstone and Reed C. Gunstone, Jr. Trust
dated / 9 07 , and who executed the within and foregoing instrument, and
acknowledged the said instrument to be h is free and voluntary act and deed, as Trustee,
for the uses and purposes therein mentioned.
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594048 v / 99971-001
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the
day and year first above written.
J. L GERBER
NOTARY PUBLIC
STAI•E CF WASHINGTON
CO NMISSION EXPIRES
MAY 23. 2010
Print N mel. J
NOTAR UBLIC M
Washington, residing at
My commission expires`
of
STATE OF WASHINGTON)
ss.
COUNTY OF ([ adt- vl )
On this 7' ' of 20 L , before me personally
appeared jk ,Q
day
u n STs NE , to me known (or proven on the basis
of satisfactory evidence) to be the e&-S1DE!VT- of J&G
Gunstone Clams, Inc., the corporation that executed the within and foregoing instrument, and
acknowledged that said instrument to be the free and voluntary act and deed of said
corporation for the uses and purposes therein mentioned, and on oath stated that _/? e-- was
authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of
said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the
day and year first above written.
J. L GERBER
NOTARY PUBLIC Pri Na .
CTA(
E i WASHINGTON
NO PUBLIC —in an ' r e tate ofCOI," °. ISSION EXPIRES
MAY 23 2010 Washington, residing at _
My commission expires /p
STATE OF WASHINGTON)
COUNTY OF X)
ss.
f_1On day of 20 before me personally
appeared ce-r1 !&T 6' , to me known (or proven on the basis
of satisfactory evidence) to be the gF-cw15edj— of Discovery
Bay Land Company, the corporation that executed the within and foregoing instrument, and
acknowledged that said instrument to be the free and voluntary act and deed of said
corporation for the uses and purposes therein mentioned, and on oath stated that _be—, was
1594048 v I / 99971-001
authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of
said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the
day and year first above written.
J. L GERBER
NOTARY PUBLIC
STATE WASHINGTON
COPS ,'AISS!0N EXP RES
MAY 23 2010
9V,4"
Pri Na
NO PUBLIC in
Washington, residing at5Z, My commission expires 1
STATE OF WASHINGTON)
ss.
COUNTY OFQ )
On this day of , 2006, before me personally appearedJohnFishbach, to be known (or proven on the basis of satisfactory evidence) to be the
a*t for Jefferson County, the municipal corporation that executed the
within an"d foregoing instrument, and acknowledged that said instrument to be the free and
voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on
oath stated that A -Q was authorized to execute said instrument and that the seal affixed, if any,
is the corporate seal of said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the
day and year first above written.
20 print Name: L L
NOTARY PUBLIC in and for the State of
s Washington, residing at
My commission expires
594048 v 1 / 99971-001
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Honorable Leonard W. Costello
RECEIVED FOR FILINGKITSAPCOUNTYCLERK
NOV Og20
DAVID W PETERSON
SUPERIOR COURT OF WASHINGTON FOR KITSAP COUNTY
REED C. GUNSTONE and DIANE )
GUNSTONE, husband and wife; CHARLES )
GUNSTONE, JR. and IRENE GUNSTONE, ) NO. 99-2-00536-0
husband and wife; REED C. GUNSTONE as )
Trustee for KRISTA R. GUNSTONE and )
REED C. GUNSTONE, JR., a Washington ) STIPULATION FOR AND
Trust, J&G GUNSTONE CLAMS, INC., a ) ORDER OF DISMISSAL
Washington corporation; DISCOVERY BAY )
LAND COMPANY, a Washington corporation,)
Plaintiffs, )
V. )
JEFFERSON COUNTY, a Washington )
municipal corporation, )
Defendant. )
COME NOW plaintiffs and defendant Jefferson County, by and through their
respective attorneys of record, and stipulate that all claims asserted by plaintiffs against
Jefferson County in the above -captioned action shall be dismissed with prejudice and without
any costs or fees. The parties further represent that with the entry of the attached order, all
claims in this lawsuit shall have been dismissed.
STIPULATION FOR AND
ORDER OF DISMISSAL - 1
594085 v1 / 13165-052
a. ( )ffrce$
KARR-TUT,rLE•CAMPBELL
1 Pmfessional.ServireCorponition
1201 Third Avenue, Suite 2000, Seattle, Washington 681013028
Telephone (206) 228-1519, Facsimile (206) 682-1100
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DATED this 3141/ day of SC-
r `
Keiren A. Willie, WSBA #15902
Attorney for Plaintiffs
Mark R. Johnsen, WS13A #11080
Karr Tuttle Campbell
Attorney for Defendant
Jefferson County
ORDER
This matter having come before the Court upon the above stipulation for dismissal,
and the Court approving thereof, now, therefore
It is hereby ORDERED that the claims asserted by plaintiffs herein against defendant
Jefferson County are dismissed with prejudice and without costs.
DONE IN OPEN COURT this d) day of 14100")fm rev , 2006.
Presented by:
Mark R. Johnsen, WSBA #11080
Karr Tuttle Campbell
Attorney for Defendant Jefferson County
Approved as to form; notice of presentation waived:
L T/. ' .
STIPULATION FOR AND
ORDER OF DISMISSAL - 2
594085 v / 13165-052
LEONARD W. COSTELLO
Honorable Leonard Costello
Lau'(>ffires
KARR•Tu'rTLE-CAMPBELL
i PmfessionafNervireCotpointion
1201 Third Avenue, Suite 2900, Seattle, Washington 98101-3028
Telephone (206) 223-1813, Facsimile (206) 682-7100
I Karen A. Willie, WSBA #15902
2 Attorney for Plaintiffs
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Law office
STIPULATION FOR AND KARR•TUTTLE•CAMPBELL
ORDER OF DISMISSAL - 3 1 Pmfcaa(oeafSend ac:crpomtinn
594085 vi / 13165-052 1201 Third Avenue, Suite 2900, Seattle, Washington 881015028
Telephone (206) 228-1813, Facsimile (206) 682-7100