HomeMy WebLinkAboutAgreements/Contracts - Fairgrounds�Y RRR
14�21_020
r '
SETTLEMENT AGREEMENT AND GENERAL RELEASE
County of Grant a/k/a Grant County Fair and Fairground (referred to as "Claimant"), and Grant County
Chillin & Grillin; Rita Reyna ("Insured") enter into this Settlement Agreement and General
Release (referred to as "Settlement Agreement"), for the considerations set forth within, on this 27
day of January 2022.
1. Settlement Pavment
Within a reasonable time following the execution of this Settlement Agreement, Insured, through its
insurer, agrees to pay the County of Grant a/k/a Grant County Fairground the sum of Nine Hundred Fifty -
One Dollars and 20/100 ($951.20) for the purpose of a full and final release of all claims associated with
the Claimant's alleged property damage claim that occurred on or about September 10, 2021. The Insured
has previously paid Claimant One Thousand Dollars and 00/100 ($1,000.00). The entire settlement
amount is One Thousand Nine Hundred Fifty One Dollars and 20/100 $1,951.20.
2. Release of Claims
In consideration of the payment referred to above, the receipt and sufficiency of which is hereby
acknowledged, Claimant, individually, and for and on behalf of its heirs, administrators, successors and
assigns, hereby release, acquit and forever discharge Grant County Chillin & Grillin; Rita Reyna, and their
past, attorneys, agents, servants, representatives, employees, corporations, subsidiaries, affiliates,
partners and partnerships, insurers and its agents, MGAs, coverholders, and third -party administrators
(including Certain Underwriters at Lloyds, London, subscribing to policy EH -771321-2390430, Beazley PLC,
and TransEleven Claims Managers, Inc.), predecessors and successors -in -interest, and all other persons or
entities for whose conduct they may be liable ("Releasees"), of and from any and all claims, demands,
damages, causes of action, suits and liabilities which Claimant now has or which may hereafter accrue,
because of, arising out of or in any way connected with any act or omission committed by Releasees prior
to the date of this Settlement Agreement, including specifically, but without limitation, damage to its fair
grounds from vehicles at the Grant County Fairground located at 3953 Airway Drive NE, Moses Lake, WA
98837 on or about September 10, 2021.
Claimant understands and agrees that the sum paid as specified in this Settlement Agreement constitutes
full and complete satisfaction of all claims it now has or which may hereafter accrue against Releasees by
reason of acts and omissions committed prior to the date of this Settlement Agreement, and that this is a
document of release of all claims including, but not limited to, claims for: loss or impairment of earning
capacity, loss of wages and salary, and all other employment and income losses of every kind and
character; consequential damages; statutory damages, multiple damages, punitive damages, attorney's
fees and legal costs; and claims of every other kind and character against Releasees arising from or relating
to acts and omissions committed prior to the date of this Settlement Agreement.
3. General Release
Claimant hereby acknowledges and agrees that the release of claims against Releasees is a general
release, and they further expressly waive and assume the risk of any and all claims for damages against
Releasees which exist as of this date, but which it does not know of or suspect to exist, whether through
ignorance, oversight, error, negligence, or otherwise and which, if known, would materially affect its
decision to enter into this Settlement Agreement. Claimant further agrees to accept payment of the sum
Grant County Chillin & Grillin; Rita Reyna — Grant County
Settlement Agreement and General Release
Page 2
specified in this Settlement Agreement as a complete compromise of matters involving disputed issues of
law and fact and fully assumes the risk that the facts or law may be otherwise than they believe.
4. Warranty of Capacity to Execute Agreement
Claimant's representative represents and warrants that:
(a) They are over eighteen years of age;
(b) No other person or entity has or has had any interest in the claims, demands, obligations
or causes of action referred to in this Settlement Agreement;
(c) They have the sole right and exclusive authority to execute this Settlement Agreement
and receive the sum specified in it, including the legal capacity to execute this Settlement
Agreement;
(d) They have not sold, assigned, transferred, conveyed or otherwise disposed of any of the
claims, demands, obligations or causes of action referred to in this Settlement
Agreement.
5. Disclaimer of Liability
Claimant acknowledges and agrees that it accepts payment of the sum specified in this Settlement
Agreement as a full and complete compromise of matters involving disputed issues; and neither payment
of the sum specified herein nor the negotiation for this settlement shall be construed as admissions of
any of the parties; that no past or present wrongdoing on the part of Releasees shall be implied by such
payment or negotiation, since any and all wrongdoing or fault is expressly denied.
7. Entire Agreement and Successors -In -Interest
Claimant acknowledges and agrees that this Settlement Agreement contains the entire agreement
between them and Releasees with regard to the matters set forth in this Settlement Agreement, and that
this Settlement Agreement shall be binding upon and inure to the benefit of the executors, administrators,
personal representatives, heirs, indemnitors, successors, officers, directors, employees and assigns of
each.
8. IRS Reporting and Hold Harmless
Claimant agrees that it has not relied on any advice from Releasees concerning the tax consequences of
the payment made pursuant to this Settlement Agreement, but is relying on its own judgment and advice
of its accounting professionals. Claimant expressly acknowledges and warrants that it is, and shall be,
responsible for all of its federal, state, and local tax liabilities which result from its receipt of the above
payment, and it hereby warrants that Releasees shall bear no responsibility for any such tax liabilities.
Claimant further agrees to indemnify and hold Releasees harmless in the event that Releasees are
assessed with any taxes, fines, penalties, or interest by the IRS (or any other federal, state, or local
government agency) relating to the payments made pursuant to this Settlement Agreement. Claimant
agrees that should any tax liability arise or accrue to them under state or federal tax law as a result of any
Grant County Chillin & Grillin; Rita Reyna — Grant County
Settlement Agreement and General Release,
Page 3
payment made under this Settlement* Agreement, It will paV any and" all such finally determined
Qbligation5, without seeking indemnity or reimbursement from Relea.5ees.
91 Representation of Comprehension of Document
In entering into this Settlement Agreement, Claimant/ Claimant's representative represents that it has
read the terms of this SiktlAmi�nt A�reempnt and that it fully understands and voiuntarIly accepts them.
10, Seve
If any section or part of this Sottlam!nt Agreement is held to be invalid by a court of law., the remaining
portions of this release shall continue to be in full force and effect.
DATED thls-�n day of
JAMES MCKIERMAN FOR GRANT COUNTY AKA GRANT
COUNTY MR AND FAIRGROUNDS
SUBSCRIBED AND .SWORN to b0fore Me or) this day of Om 2022,
NOTARY PUBUC
STATE "ASHINGTON
JASON SMITH
MY COMMISSION EXPIRES
JUNE 18, 2025
COMMISSION # 21023265
NOTARY IC
I'M
RITK REYNA,, INDIVIDUALLY LF OF GRANT
COUNTY CHILQN & GRILLIN
`h SUBSCRIBED AND SWORN to before mt airl this day of y)
N 1
% I
Y PUBLIC
STATFVWASHINGTON
NOTARY PUBLIC
JAISON SMITH
MY COMMISSION EXPIRES
JUNe 18, 2026
COMMISSION # 21023265
Yea Nay
ellll��D
BOARD OF COUNTY COMMISSIONERS
Abstain GRANT COUNTY,, WASHINGTON
x
ATTEST:
Approved as to form,
(G 611(6t ),
(PrinjNje)
(Signei)
Deputy Prosecuting Attorney
Date; (/ 7/ jo"x)�
Danny E. one, Chair
R o b J nes i hair
A
Cindy Cart r, Me�mber
qj�4