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HomeMy WebLinkAboutZachary Beschorner - Settlement Agreement - 9.20.2021 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Agreement") is made and entered into as of September 20 , 2021 by and between Zachary Beschorner ("Beschorner") and the City of Waterloo, Iowa(the "City"). Whereas, Beschorner is the owner of property at 1103 Commercial Street, Waterloo, Iowa ("1103 Commercial"), and City is the owner of adjacent property with a former address of 1107 Commercial Street(the "City Property"); and Whereas, City demolished a structure on the City Property and in connection with the project disconnected a sewer pipe shared by the two properties, and to restore sewer service to 1103 Commercial Beschorner had to incur expenses for repair or replacement of infrastructure (the"Claim"); and Whereas, the parties wish to provide for payment to Beschorner to resolve his Claim for compensation on the terms and conditions set forth in this Agreement. Now,therefore,the parties hereby agree as follows: 1. Statement of Intention. The parties, and each of them, desire by this Agreement to conclude and resolve all matters in any way relating to the liability of City to Beschorner arising from or in any way connected with the Claim and all matters related thereto. 2. Payment. Within 30 days after Beschorner's execution and delivery of an original signature copy of this Agreement to City and invoices that substantiate expenses incurred by Beschorner with respect to the Claim, City will pay Beschorner the sum of$7,227.85, or such lesser amount as is supported by the invoices. 3. Release. Beschorner does hereby irrevocably and unequivocally release, acquit, and forever discharge City, its elected officials, officers, employees, contractors and agents (the "Releasees") from any and all liability of any type or nature whatsoever with respect to the Claim and all matters related directly or indirectly thereto, including but not limited to all claims, demands, causes of action, fees, costs, and expenses, including but not limited to attorney's fees and expenses, whether known or unknown, which Beschorner may now or in the future have against any of the Releasees, whether based on statute or existing at common law, at law or in equity, or sounding in tort or contract,relating in any way to the Claim or any other allegation of damage or injury allegedly caused by or arising from the acts or omissions of any Releasee upon or about the City Property or 1103 Commercial (cumulatively, the "Released Claims"). This release covers all injuries and damages, whether known or unknown, or which may hereafter appear or develop, arising in any way from the subject matter of this Agreement. 4. Covenant Not to Sue. Each party agrees that it shall not institute, prosecute or in any way aid in the institution or prosecution against the other party of any claim, demand, action, or cause of action for damages, costs, expenses or recoupment for or on account of any damage or loss allegedly arising from or in connection with 1103 Commercial or the Claim. 5. Complete Defense. This Agreement may be pled as a full and complete defense to, and may be used as a basis for an injunction against, any action, proceeding at law or in equity, or other judicial or non judicial proceedings that Beschorner may institute, prosecute, or maintain against City or any Releasee. 6. No Reliance; Advice of Counsel. The undersigned, and each of them, acknowledges that execution of this Agreement is based upon its own personal knowledge and belief or the knowledge and belief of its officials and/or officers and not upon representations made by any other party. Each party acknowledges that it has consulted or has had the opportunity to consult with independent legal counsel to have questions answered about the legal effect of this document before executing it. 7. Compromise Settlement. This Agreement and the releases being given pursuant hereto are executed and entered into as a compromise settlement of the Claim, liability for which is expressly denied by City, and payment of the above sum does not constitute an admission of liability on the part of City. It is further understood and agreed that this Agreement is made to avoid the risk, expense, and inconvenience of legal proceedings and to terminate all controversies or claims for damages or losses arising out of or resulting from the matters described in the recitals and in Section 3 above. 8. Severability. In the event any provision of this Agreement is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect to the greatest possible extent. 9. Further Documents. The parties agree to execute all documents necessary to effectuate the terms and conditions of this settlement. 10. General. This Agreement represents the full mutual agreement between the parties, and no promise or expectation of any other or further consideration has been made to the undersigned, or to any of them, by any person. This Agreement is binding on the parties and the respective successors, assigns, heirs, and personal representatives of each, and it may not be modified or amended without the mutual written consent of all parties. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one and the same Agreement. EACH OF THE UNDERSIGNED PARTIES HAS READ THIS AGREEMENT, HAS HAD THE OPPORTUNITY TO CONSULT WITH THE PARTY'S OWN LEGAL COUNSEL, AND UNDERSTANDS ITS TERMS. THIS AGREEMENT IS SIGNED FREELY AND VOLUNTARILY. IN WITNESS WHEREOF,the parties have executed this Settlement Agreement and Release as of the date first set forth above. [signatures on next page] 2 CITY OF WATERLOO, IOWA By: F1/1 Hl-� Zachary Bescho er Quentin Hart, Mayor Attest: '+ F419e Kelley Felchle, City Clerk 3