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SETTLEMENT AND RELEASE AGREEMENT
<br /> THIS SETTLEMENT AND RELEASE AGREEMENT ("Agreement") is made and entered into
<br /> between Public Utility District No. 1 of Snohomish County, a Washington State municipal
<br /> corporation ("District"), and the City of Everett, a Washington State municipal corporation ("City
<br /> of Everett" or "Everett"). The District and Everett are also referred to herein individually as
<br /> "Party" and collectively as "Parties".
<br /> WHEREAS, on August 7, 2020, Everett filed a damage claim with the District seeking
<br /> $366,000 in damages and costs due to a January 9, 2019 recloser incident("Incident") at the City
<br /> of Everett Water Filtration Plant.
<br /> WHEREAS, on January 6, 2021, the City of Everett filed an amended damage claim
<br /> ("Damage Claim") with the District seeking$374,663.34 in damages.
<br /> WHEREAS, the District and the City of Everett desire to resolve the Damage Claim and
<br /> avoid litigation and costs and expenses associated with litigation.
<br /> NOW, THEREFORE, in consideration of the mutual covenants and other consideration
<br /> contained herein,the District and Everett agree as follows:
<br /> 1. Settlement Payment of$260,000.00. Upon receipt of this executed Agreement,
<br /> the District shall deliver to the City of Everett a settlement check in the total amount of Two
<br /> Hundred and Sixty Thousand Dollars (US$260,000.00) in full settlement of the above referenced
<br /> Damage Claim ("Settlement Payment").
<br /> 2. Release of the District. In consideration of the Settlement Payment, the City of
<br /> Everett irrevocably and forever releases, acquits, and discharges the District, its elected officials,
<br /> officers, directors, agents, attorneys, employees, successors and assigns, of and from any and all
<br /> liabilities, claims, cross claims, counterclaims, actions, suits, damages, penalties, fines, costs,
<br /> losses, expenses, interest, court costs, and attorney's fees of any kind or nature whatsoever,
<br /> known or unknown, arising out of, relating to the Incident and the Damage Claim.
<br /> 3. Hold Harmless and Indemnification of the District. The City of Everett expressly
<br /> agrees to hold harmless and indemnify the District, its elected officials, officers, directors,
<br /> agents, attorneys, employees, successors and assigns, from any and all liabilities, demands,
<br /> taxes, claims, cross claims, counterclaims, actions, suits, damages, penalties, fines, costs, losses,
<br /> expenses, interest, court costs, and attorney's fees of any kind or nature whatsoever, known or
<br /> unknown, arising out of, relating to, or resulting from any claim, action, suit or any other
<br /> proceeding asserted by the City of Everett or by any of the City of Everett's employees,
<br /> consultants, contractors, subcontractors, vendors, or agents that arise from or relate to the
<br /> Incident and the Damage Claim.
<br /> 4. No Admission of Liability. This Agreement is not, and should not be construed
<br /> as, an admission of liability by either Party to the other Party or any other party. Neither this
<br /> Agreement, nor the fact that a settlement has been reached regarding the Incident and Damage
<br /> Claim, nor the consideration exchanged herein, shall be admissible into evidence against either
<br /> Party as an admission of any liability and/or fault. Notwithstanding the immediately preceding
<br /> Everett Settlement and Release Agreement pg. 1
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