AG 07-103 - JAMI & JOHN MILLER
DATE IN:
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7.
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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\
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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
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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
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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 $200,000)
o PURCHASE AGREEMENT)
(MATERIALS, SUPPLIES, EQUIPMENT)
o REAL ESTATE DOCUMENT
(E.G., RFB, RFP, RFQ)
o CONTRACT AMENDMENT
o CDBG
"t. OTHER t:,e.,~
Gav~
AG#: (!) / -/03
PROJECT NAME: ~\ \\e,- ~JlL ~-tM{")CA
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NAME OF CONTRACTOR: :Jo.r.I"'\\ 4 ~ Ohn m \ \\er
ADDRESS: .;>qCOL\':l o>y,..... CUJ.A- ~, .+ ~.,...t'L\ ~ ,~ TELEPHONE
SIGNATURE NAME: ---c:J TITLE
ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT
o INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE
TERM: COMMENCEMENTDATE:~ ~OO\ COMPLETIONDATE:_~ ~06't.
TOTALCOMPENSATION$ \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 - -
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$ 5 CXX) .00 (j0\ ... 'O:;)oo-cn .. \ -14 \0
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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
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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
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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.
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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 - -
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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
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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