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Home My WebLink AboutAG 07-103 - JAMI & JOHN MILLER DATE IN: 1. 2. 4. 5. 6. 7. 8. I DATE OUT:e I TO: __ CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP ORIGINATING DEPT.IDIY: l0J..JJ ORIGINATING STAFF PERSO;:PCA--\ ~t, cra..rc\t!5Y1EXT: \ TYPE OF DOCUMENT REQUESTED (CHECK ONE) o PROFESSIONAL SERVICE AGREEMENT 0 SECURITY DOCUMENT (E.G. AGREEMENT & o MAINTENANCE/LABOR AGREEMENT PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) o PUBLIC WORKS CONTRACT 0 CONTRACTOR SELECTION DOCUMENT o SMALL PUBLIC WORKS CONTRACT (E.G., RFB, RFP, RFQ) ,j~ (LESSTHAN$200,OOO) 0 CONTRACT AMENDMENT AG#: cl- \ Df o PURCHASE AGREEMENT) 0 CDBG (MATERIALS, SUPPLIES, EQUIPMENT) C(OTHER ~d.~ -to 'Z:>~ o REALESTATEDOCUMENT ~'{~ PROJECT NAME: '\'r\\\\.ey \'l -O..Q.. C' ~O\ . NAME OF CONTRACTOR: --s- ~ *' :Sob", (Y\~ ADDRESS: ~q~".V5 ~... n~COl.u. .t(.~\ u..x. ~ \a"....TELEPHONE SIGNATURE NAME: <=J>"'O"\ ~'. \\-v" U l TITLE ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT o INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE 3. DATE REQ. BY: TERM: COMMENCEMENT DATE: COMPLETION DATE: 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY 10. 11. CONTRACT REVIEW o PROJECT MANAGER o DIRECTOR o RISK MANAGEMENT et LAW INITIALIDATE APPROVED INITIALIDATE APPROVED ryPr<Z-. U \ \G\ \ 0"'\ ~~ INITIALIDATE APPROVED f-Ml-- 7/:2/07 lfI!o/b2 INITIAL/DATE APPROVED CONTRACT SIGNATURE ROUTING o LAW DEPARTMENT o CITY MANAGER o CITY CLERK o SIGN COPY BACK TO ORGINATING DEPT. ~ ASSIGNED AG# ()"""\ - \ O~~ o PURCHASING: PLEASE CHARGE TO: COMMENTS 07/05 AMENDMENT TO SETTLEMENT AGREEMENT AND RELESASE This Amendment. ("Amendment") is dated effective this <Jy feY day of "} M , 2007, and is entered into by Jami and John Miller ("Millers") and the City of Federal Way ("Cih"). A. Millers and the City entered into a Settlement Agreement ("Agreement") on May 23, 2007. B. Section 10.0 ofthe Agreement provided that the Agreement may only be amended by written agreement signed by the parties. C. Millers desire to amend the Agreement to extend the time line to restore the site to Jllly 15, 2007, and the City agrees. NOW, THEREFORE, the parties agree to the following terms and conditions: 1. Section 5.0 Restoration of Site is modified as follows: Millers agree to restore the site no later than July 15, 2007, through their contractor Jim Cron in accordance with the recommendations in the forester's report, which is stated in the original Agreement. 2. Full Force and Effect. All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. DATED the effective date set forth above. CITY OF FEDERAL WAY MILLERS By: 2# b-Z8-o7- ohn Miller APPROVED AS TO FORM: /~ti. ~~ City Attorney, Patricia A. Richardson K:\community development - cd\code enforcement\miller tree cutting\amendment to settlement agreement DATE IN: 1. 2. 4. 5. 6. 7. 8. 9. 10. DATE OUT: TO: CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP ORIGINATING DEPT.IDIV: \-.o..w ORIGINATING STAFF PERSON: ~ o::k ~ t (ha.rc:\~: \ TYPE OF DOCUMENT REQUESTED (CHECK ONE) o PROFESSIONAL SERVICE AGREEMENT o MAINTENANCE/LABOR AGREEMENT o PUBLIC WORKS CONTRACT o SMALL PUBLIC WORKS CONTRACT 3. DATE REQ. BY: o SECURITY DOCUMENT (E.G. AGREEMENT & PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) o CONTRACTOR SELECTION DOCUMENT (LESS THAN $200,000) o PURCHASE AGREEMENT) (MATERIALS, SUPPLIES, EQUIPMENT) o REAL ESTATE DOCUMENT (E.G., RFB, RFP, RFQ) o CONTRACT AMENDMENT o CDBG "t. OTHER t:,e.,~ Gav~ AG#: (!) / -/03 PROJECT NAME: ~\ \\e,- ~JlL ~-tM{")CA \ NAME OF CONTRACTOR: :Jo.r.I"'\\ 4 ~ Ohn m \ \\er ADDRESS: .;>qCOL\':l o>y,..... CUJ.A- ~, .+ ~.,...t'L\ ~ ,~ TELEPHONE SIGNATURE NAME: ---c:J TITLE ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT o INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE TERM: COMMENCEMENTDATE:~ ~OO\ COMPLETIONDATE:_~ ~06't. TOTALCOMPENSATION$ \t qq~. 00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABORfAARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY CONTRACT REVIEW o PROJECT MANAGER o DIRECTOR o RISK MANAGEMENT o LAW INITIALIDATE APPROVED INITIALIDATE APPROVED 11. CONTRACT SIGNATURE ROUTING INITIALIDATE APPROVED o LAW DEPARTMENT , B>CITYMANAGER ~ /oj /1//3 - ~/c;i3/D-7 o CITY CLERK /J$ ..>:<:'SIGN COPY BACK TO ORGINATING DEPT. ({)f If{ 67 ~ ASSIGNED AG# tJ7 - I t2.'!) L o PTTPrUA C'TlI.T,". lH EASE CHARGE TO: T~ /tJa; U~ COMMENTS - - ~\~ ~~ 'f,oL ....\I~ ~ \f\\lJVJ~ ~ ~ ~ - '-\<bO $ 5 CXX) .00 (j0\ ... 'O:;)oo-cn .. \ -14 \0 07/05~ \. CX:O. It\) 00\- ?-;;lOO-OlL\.... 55q.~ - 1...\ \0 ~ 93S.c:p ~ o...c.J:.k 0.0 lC>.c::OO ~ ~s INITIALIDATE APPROVED ,.' ORIGINAL SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Agreement") is entered into by Jami and John Miller ("Millers") and the City of Federal Way ("City"). RECITALS 1. The City issued a Notice of Violation Order to Correct Violation No. 06-104618-VO (''Notice'') on October 20, 2006, for the unauthorized removal and trimming oftrees on City property. 2. A dispute exists between the parties regarding the amount of damage set forth in the report by Washington Forestry Consultants, Inc. 3. The parties desire to enter into this Agreement in order to avoid the expense and uncertainty of further disputes and/or litigation and, therefore, mutually agree as follows: AGREEMENT/RELEASE 1.0 Fine. The Millers agree to pay to the City a Five Thousand Dollars ($5,000) fine. 2.0 Notice to Neighborhoods. The Millers agree to pay to the City One Thousand Dollars ($1,000) to reimburse the costs for notifying neighborhoods that it is a violation of the City Code to remove and/or trim vegetation on City property. 3.0 Mitigation Costs. The Millers agree to pay to the City Ten Thousand Dollars ($10,000) as mitigation costs. 4.0 Forester Appraisal Cost. Millers agree to reimburse the City Nine Hundred Ninety-Three Dollars ($933.00) for the Washington Consultants' forestry appraisal. 1 .. 5.0 Restoration of Site. Millers agree to restore the site no later than July 1, 2007, through their contractor, Jim Cron in accordance with the recommendations in the forester's report, which states: There are large volume of debris from the topping and felling of trees. Since there is no vehicle access to the area of cutting, it will require labor to 'treat' the debris. It is recommended that the debris be bucked into 6 ft. or shorter lengths and hand-piled on site. The piles should be no wider than 8 feet diameter and no higher than 6 feet. The piles can be placed randomly across the cutting area, but should be selectively located where less desirable (e.g. blackberry) vegetation occurs. 6.0 Payment. Millers agree to pay a total sum of Sixteen Thousand Nine Hundred Ninety-Three Dollars ($16,993.00) in equal monthly installments for the next twenty-four (24) months in the amount of Seven Hundred Eight and 04/100 Dollars ($708.04) on or before the 5th day of each month. The payments shall be submitted to: The City of Federal Way P.O. Box 9718 Federal Way, WA 98063-9718 Attn: Jeri-Lynn Clark 7.0 Release. 7.1 General Release. In exchange for good and valuable consideration, receipt of which is hereby acknowledged, City hereby releases and forever discharges the Millers from any and all claims or potential claims, demands, damages, liabilities and causes of action of any kind or nature whatsoever, known or unknown, arising out of Notice. The Millers hereby release and forever discharge the City from any and claims or potential claims, demands, damages, liabilities and causes of action of any kind or nature whatsoever, known or unknown, arising out of the Notice. 7.2 Voluntary Release. The Millers and the City understand and acknowledge the significance and consequences of this Agreement, and acknowledge that it is voluntary and has not been given as a result of coercion. The Parties expressly confirm that it shall be fully binding. In entering into this 2 :. Agreement, the Millers represent that they have relied upon the advice of their representative of choice, and the terms of this settlement are completely understood and voluntarily accepted. 8.0 Governing Law and Venue This Agreement shall be construed and interpreted in accordance with the laws ofthe State of Washington, and venue shall be in King County. 9.0 Complete Agreement This Agreement represents and contains the entire settlementagreement between and among the Parties in connection with the subject matter of this Agreement, and shall be binding upon and shall inure to the benefit of the executors, administrators, personal representatives, heirs, and successors and assigns ofthe Millers. It is expressly acknowledged and recognized by the Parties that any oral representations or written documents other than this Agreement are specifically terminated. 10.0 Modification This Agreement cannot be modified, amended, and provisions cannot be waived except through express, written documents executed in the same formality as this Agreement. 11.0 Effectiveness of Agreement This Agreement shall become effective upon execution ofthis Agreement by all Parties. CITY OF FEDERAL WAY By: ~~ Neal Beets City Manager 5/z'sJo7 I . MILLERS ~~~ Date: Date: S- ... 2 Z -- 0 '1 APPROVED AS TO FORM: -Il~I2, ~~~ Patricia A. Richardson Federal Way City Attorney K:\community development - CD\Code enfurcement\miller-tree-cutting\settlement agr 3 Page 1 of 1 Kathleen Rogers - Miller Tree Cutting-View Cliff Greenbelt From: To: Subject: Kathleen Rogers Greg Vause; Steve Ikerd Miller Tree Cutting-View Cliff Greenbelt The Law Dept. now has an executed copy of the Settlement Agreement in this matter which will be filed with the City Clerk. Would each of you please advise of the amount due to your individual departments, together with the accounting code to which payment will be applied. Copies of the agreement are being sent to you for your records. Thanks. Thanks. 6)/ ,>-,/ ~~ _ ~ 1- d-~r ~ ~J ~ . '. .~/~ t ~ ~ Cv~~~ WU2 ~ -- ~ J- . -- 0 (7 ().. L: Y _ - wiJ ~~jv-w~L ~ ~ ~~ry~ ~r/ y? U~~ _ /lb-'-G, ~1-to ~. -1--1~n frl^ J-~d <J~r' . ~'^- ~ ~ 9/7 to.CbO -t7 <:o\-\\()O-~~5-c::rllo-M-4~ \f~ < 5. 000 ('\~ tv=> , . oeD . a ppra. i"E060 \ Q. ~'3 ,au \.,\.,)0.. W-~.. C-(J'f"'~v...\\o.~ ~ \I~UV~ -~ - . - ~\ (J.J d.~~ about:blank 5/24/2007 Page 2 of2 I am not familiar with the background/details of this settlement agreement so am not sure what accounts or who should receive the payments initially. If I know which department is incurring the expenses and where the expenses were or will be charged, Finance can accept the payments and post them appropriately, But until we know the above we won't know what to do with the payments, Tho >>> Pat Richardson 5/22/2007 12:50 PM >>> I'm drafting a settlement agreement with the Millers in which they agree to reimburse the City for mailing costs, appraisal and mitigation costs, and agree to pay a fine. I'm guessing that the funds will be disbursed to different accounts. . I need to set forth the manner of submitting monthly payments and not sure what to say to flag the different accounts. Is there one person who should receive the payments, and then the account numbers can be worked out internally? Your timely response would be greatly appreciated as I'm trying to get this out ASAP. Thanks. Pat . file:/ /C: \Documents%20and%20Settings\default\Local %20Settings\ T emp\G W} 00004 .HTM 6/1212007 I: Toriia~ Proct6-r~- Re: ~Two ~things - - I. n _ _ __ _ _.~ _ u .__ ____.____ __ ~___ __.. _ -'-~ag.El J-'I From: To: Date: Subject: Pat Richardson. Jeri-Lynn Clark 6/12/20078:20:46 AM Re: Two things Jeri-Lynn, The Clear Channel matter needs Council input. I should have an answer by next Wednesday. I assume the Clerk doesn't have the account # on the routing slip. I am copying Tonia to help track down the ##, Pat >>> Jeri-Lynn Clark 6/12/20077:59 AM >>> Clear Channel - What is the outcome from yesterday's meeting with the CM? Settlement - I still have not heard back from anyone with an acct #, I need to get this settled today. I have had the checks in my safe longer than I am supposed to, Can you please help me with this today? Thank you for your assistance! Jeri-Lynn Clark 253-835-2526 cc: Tonia Proctor ~ ~ r a r" cY'/ I'\~ cfYJ"r ,~eS 0" o {'" / QU(,l\~ -1> L s --\-0 \L\r'\no-r) ~v.)o\,t- u,y.. ~ _.fY'>1l d\:, ~ \~ - ~~. Page 1 of2 Donna Hanson - Re: Miller Trees - Installment Payments From: To: Date: Subject: CC: Pat Richardson Jeri-Lynn Clark; Steve Ikerd 6/6/2007 10:25 AM Re: Miller Trees - Installment Payments Donna Hanson; Kathy McClung A copy of the agreement is attached. I understood that the Clerk would forward a copy of the agreement when the accounts were identified. I can't find the e-mail correspondence where Parks and CD identified account #, and am copying them so they can provide the information, Pat >>> Jeri-Lynn Clark 6/6/2007 9: 1 0 AM >>> I have just received the first payment from the Millers in the amount of $800,00. Have you decided on which accounts and amounts that will go in each? Please let me know ASAP if possible. Also, can I please have a copy of the agreement? Thank you for your assistance! Jeri-Lynn Clark 253-835-2526 >>> Pat Richardson 6/4/2007 8:40 AM >>> Under the settlement agreement, the funds are identified for CD purposes as well. The Urban Forestry Account seems appropriate for the $10,000 mitigation. Not sure where the money came from for the appraisal of $900+. CD gets $1000 for notices, and there is the fine of $5,000, Pat >>> Steve Ikerd 6/1/2007 3:19 PM >>> I would suggest putting the funds in the Urban Forestry Account 001-7100-335-576-80-480 >>> Pat Richardson 5/22/2007 1 :49 PM >>> Thanks. I identified Jeri-Lynn as the party to whom payments should be made. CD and Parks can work out the account numbers. I'll get you a copy of the agreement when it is signed. Pa t >>> Tho Kraus 5/22/2007 1 :48 PM >>> Hi Pat, file:/ /C: \Documents%20and%20Settings\default\Local%20Settings\ T emp\G W} 00004 .HTM 6/12/2007