Laserfiche WebLink
3 <br />investigation and remediation costs and other costs; <br />2.3 WHEREAS, in or around September 2007, the City of Everett submitted an <br />application for inclusion of the Site in the Voluntary Cleanup Program of the Washington <br />Department of Ecology (“Ecology”) with respect to alleged contaminants and/or pollution at the <br />Site; and by letter dated October 29, 2007 and/or by letter dated August 1, 2008, Ecology issued a <br />letter to the City of Everett acknowledging its VCP Claim submissions, referencing “VCP No.: <br />NW1731” and containing Ecology’s “advisory opinion” regarding the City’s completion of a <br />proposed cleanup action under authority of the Model Toxics Control Act (collectively referenced <br />below as the “VCP Claim”); <br />2.4 WHEREAS, Safety issued or is alleged to have issued certain insurance policies <br />to the City of Everett; <br />2.5 WHEREAS, on or about October 2022, the City of Everett tendered the VCP <br />Claim and the alleged site contamination at the Site to Safety Companies for defense and <br />indemnity, including pre-tender costs, under one or more of the Safety Policies; <br />2.6 WHEREAS, a dispute exists between the City and Safety concerning whether <br />Safety is obligated, in whole or in part, to defend or indemnify the City in connection with the <br />Site and/or the VCP Claim, to pay any costs relating to, arising out of and/or in connection with <br />Environmental Contamination at, around, or emanating from the Site or otherwise, and whether <br />Safety has any obligation to the City under the certain alleged insurance policies; <br />2.7 WHEREAS, the Parties believe it is in their best interests to fully and finally <br />resolve all disputes and any and all past, present and future disputes, without further litigation or <br />Claim proceedings, relating to, arising out of and/or in connection with the Site, the VCP Claim, <br />and any and all alleged obligations of the Policies with respect to Claims concerning the Site and <br />the VCP Claim; <br />2.8 WHEREAS, the Parties acknowledge their belief that confidentiality of the terms <br />of this Settlement Agreement is not feasible for a public entity such as the City of Everett and <br />accordingly, the Parties have determined not to include confidentiality provisions in this <br />Settlement Agreement but leave to each Party their respective positions; and <br />2.9 WHEREAS, the Parties acknowledge that this Settlement Agreement’s <br />effectiveness is explicitly made contingent on approval by the Everett City Council, such that the <br />Everett City Council’s failure to approve this Settlement Agreement will render this Settlement <br />Agreement (i) null and void, and (ii) improper for either Party to subsequently reference in any <br />proceeding between the Parties. <br />2.10 NOW THEREFORE, intending to be legally bound, and in consideration of the <br />mutual promises and other good and valuable consideration set forth herein, the receipt and <br />sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: