Loading...
HomeMy WebLinkAboutSWP272004(1) (2) CITY OF RENTON ' �= Planning/Building/Public Works Department Earl Clymer, Mayor Lynn Guttmann,Administrator August 27, 1992 Mr. Don Gallagher 19225 Talbot Road South Renton, WA 98055 SUBJECT: North Fork Springbrook Creek Regional Bypass Pipeline Project Dear Mr. Gallagher: As you were notified by telephone on August 21 , 1992, the construction of the City of Renton/King County North Fork Springbrook Creek Regional Bypass Pipeline project started on August 24, 1992. We wanted to inform you of the project's construction to ensure that precautionary measures are taken to protect your trout farm from upstream construction activity. We are employing "Best Management Practice's" during construction to protect the water quality of the stream from erosion during construction. Appropriate erosion control measures are being utilized to protect against the siltation of surface water. We are confident that these measures are sufficient. This notification is to allow you to implement any secondary protection measures that you normally employ during flood events, which naturally cause the siltation of the stream. Construction is scheduled to be completed by October 1 , 1992. We appreciate your assistance. If you have any questions regarding this subject, please contact John Hobson at (206) 277-6179. Very truly yours /&JJ � 4� Ronald J. Straka, Acting Utility Engineering Supervisor Surface Water Utility C:DOCS:92-648:RJS:ps CC: Gregg Zimmerman John Hobson 200 Mill Avenue South - Renton, Washington 98055 w CITY OF RENTON Planning/Building/Public Works Department Earl Clymer, Mayor Lynn Guttmann, Administrator September 17, 1991 Mr. Don Gallagher Springbrook Trout Farm 19225 Talbot Road South Renton, WA 98055 SUBJECT: SOUTH FORK SPRINGBROOK CREEK SEPTEMBER 2, 1991 LANDSLIDE Dear Mr. Gallagher: We appreciate the information that you provided regarding the landslide that occurred in the Springbrook Creek Watershed on September 2, 1991 . On September 6, 1991 , our Stormwater Utility Engineering and Maintenance Division staff representatives investigated the site of the landslide. The location of the landslide was on the south side of the south fork of Springbrook Creek below the Springbrook Springs reservoir as your letter indicated. It appears that the slide was the result of a ground water spring surfacing near the toe of a steep slope which weakened the stability of the soils. The slope's failure and resultant landslide caused the siltation of Springbrook Creek, which is a water source for your trout farm. This event, which was very unfortunate, appears to be the result of natural causes primarily due to gravity and the fact that we are experiencing approximately twenty-five percent higher than average rainfall this year. The soil types and steep slopes in the watershed are conducive to erosion and landslides as evidenced by the amount of slide activity that has occurred over several years. We have considered the possibility of stabilizing the immediate landslide area and effected steep hillside slopes. However, it was decided that access to the landslide area would result in a disturbance to the stream and that equipment used would disturb the already unstable soils and the existing vegetation on the slope which is providing protection from erosion and landslides. The loss of any existing vegetation could accelerate the hillside erosion and further promote the slopes instability and associated landslides. This could impact your business more than what nature normally causes. 200 Mill Avenue South - Renton, Washington 98055 Springbrook Trout Farm Page 2- The earthslide of September 2nd is a natural occurrence in the Springbrook Drainage Basin and a full stabilization of that basin is not practical. Restoration of the immediate slide area we believe would create further erosion and could create slope instability in other areas. As happens in every rainy season, Springbrook Creek will become silty during periods of rainfall. When this happens you may wish to switch the trout farm to a clean alternate water source and divert all surface water inflows from Springbrook Creek to prevent impacts to your trout ponds. Again, thank you for the information regarding the September 2, 1991 landslide. We appreciate your informing us of this and other occurrences in the watershed. If you have any questions regarding our investigation of this problem, please contact Ron Straka, Stormwater Utility Civil Engineer at 277-5547 or Randall Parsons, Storm- water and Wastewater Utility Supervisor at 277-5548. Very truly yours, c (chard J. erson, P.E., Manager Utility Systems Division D:91-632:RJA:RJS:ps CC: Lawrence Warren, City Attorney Lynn Guttmann, Department of Planning/Building/Public Works Administrator Randall Parsons Ron Straka ROOK TRO Y / I� V< CO 6W.. _ 19225 Talbot Road South Renton, WA 98055 (206) 852-0360 r S`P 5 19�J 1 r� CITY OF RENTON Engineering Dep . — - GG?�-�.•�L"-� ./j1-c�-r�°—r`�c.t.-s-�-� .►�_J;���,w'�->.c.,L-'-�'-�i�� /97/ �p�-.f-l-s�' z-7s Group Reservations Accepted You Catch 'Em, We Clean 'Em. Trout Fishing for All Ages Picnic Area and Cooking Facilities Stock Your Pond with Rainbow Trout No License Needed PLANNING/ BUILDING/ PUBLIC WORKS DEPARTMENT MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 v ey 0 UTILITY SYSTEMS DIVISION - 235-2631 NT 0 TRANSPORTATION SYSTEMS DIVISION - 235-2620 TO: DATE: JOB NO. : RE: ATTN: GENTLEMEN: WE ARE SENDING YOU ❑ ATTACHED ❑ UNDER SEPARATE COVER VIA THE FOLLOWING ITEMS: o SHOP DRAWINGS ❑ PRINTS ❑ REPRODUCIBLE PLANS ❑ SPECIFICATIONS o COPY OF LETTER ❑ COPIES DATE NUMBER DESCRIPTION AND REMARKS THESE ARE TRANSMITTED AS CHECKED BELOW: o FOR APPROVAL ❑ APPROVED AS SUBMITTED ❑ RESUBMIT COPIES FOR APPROVAL o FOR YOUR USE ❑ APPROVED AS NOTED ❑ SUBMIT COPIES FOR DISTRIBUTION ❑ AS REQUESTED ❑ RETURNED FOR CORRECTIONS ❑ RETURN CORRECTED PRINTS o FOR REVIEW AND COMMENT o ❑ PRINTS RETURNED AFTER LOAN TO US COPIES TO: SIGNED TITLE IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE Juil—lU—j1 iIUN lu-JI Nrlf lTLll, i r—LLUUU Frill rtv, 1GJULJJJ4 I`t t . U1 WARREN, KEL,LOGG, BARBER, DEAN N & EO9NTES, P.S. ATTORNEYS AT LAW Method of Delivery (206)255-d67d Mail O SIT U•T ICE BOX 616 d 100 SOI I SECOND STREET { } RENTON,WASHINGTON 9W57 ( } land Delivered (-,,%*-Fax ( ) Other FAX NUMBER: 206-2SS-5474 TRANSMITTAL MEMO TO: ` 19/UQT7�l ,� c ' DATE: RE: FROM: IC_/�V� 1 01!' � � i�-✓�/d We have enclosed the following document(s): DATE DESCRIPTION ( } FOR YOUR INFORMATION ( PER YOUR REQUEST ( FOR SIGNATURE AND RETURN ( } PER OUR CONVERSATION ( } FOR REVIEW A_N'D COMMENT ( } PER OUR AGREEMENT ( ) FOR NECESSARY ACTION ( } SEE RAMARKS BELOW ( } FOR YOUR FILES ( } ( FOR YOUR APPROVAL ( } APPROVED AS NOTED FOR FAX TRANSMITTAL' This transmission consists of pages, including this cover page. If for some reason you do not receive all of the pa es, or it is not legible, please contact our office immediately. Remarks: t CITY OF RENTON Office of the City Attorney Earl Clymcr, Mayor Lawrence J, Warron M E M 4 TO: Randall Parsons, Storm and Waste Water utility Supervis FROM: David M. Dean, Assistant City Attorney DATE: June 4, 1991 RE: Springbrook Trout Farm Thank you for your memorandum of May 13, 1991 . Thank you also for the copies of the other memorandum dealing with the Springbrook trail acquisition. I received these in the midst of preparation for what turned out to be a fairly protracted King County superior Court jury trial. I have now reviewed Mr. Gallagher's letter and have outlined a factual response to those parts of Mr. Gallagher' s letter concerning the negotiations between his attorneys and the City of Renton. My office is currently scheduled to review this matter with the Parks Department and Public Works on Wednesday, June 12, 1991 in the Liberty Park Conference Room. This meeting will discuss the status of Mr. Gallagher's pending lawsuit in light of the potential acquisition of Mr. Gallagher's trout farm for City of Renton park purposes . After you have reviewed the enclosed background information, please give me a call . f RESPONSE TO APRIL 24, 1991 LETTER FROM DON GALLAGHER Mr. Gallagher's letter of April 24, 1991 references a mediation session which was held in May, 1990 in an attempt to settle the litigation which had been filed by Mr. Gallagher sometime earlier against Schneider Homes, King County and the City of Renton. All defendants were present. King County was represented by Chuck Maduell, the City of Renton was represented by David Dean and Schneider Homes was represented by Garth Schlemlien. Mr. Gallagher was represented by David Bricklin. Mr. Gallagher is seeking monetary damages for flooding to his property which occurred in a storm event in 1986 as well as damages for excess siltation in his trout ponds arising out of the alleged mislocation of a storm drainage pipe built by King County in the late 1970s . Mr. Gallagher attached to his April 24, 1991 letter a copy of the order that required King County to install and maintain a pipe directing water into the City of Renton's reservoir. The City of Renton had agreed under that order to periodically remove accumulated siltation in the settling basin. At the mediation, the various defendants agreed to pay Mr. Gallagher collectively the sum of $150, 000 .00 . The City of Renton's contribution to this settlement was $30,000 . 00 . The principle justification for any payment by the City of Renton was the cost of further defending the litigation. King County and the City of Renton further agreed that pursuant to the interlocal agreement between King County and the City of Renton certain improvements would be completed in the north fork of Springbrook Creek. The net effect of these improvements was intended to greatly reduce or eliminate further erosion of the north fork channel, and the subsequent deposit of that erosion downstream in Mr. Gallagher's trout farm ponds. Lastly, King County agreed to fulfil their responsibility under the 1978 settlement agreement by relocating the storm water drainage pipe so that storm water would be directed into the City of Renton' s reservoir settling basin. The City of Renton's position at the mediation was that the court order settling the earlier litigation imposed this duty upon King County. Unfortunately, King County now maintains that their agreement to relocate this pipe was conditioned upon both the City of Renton and Don Gallagher providing King County with a hold harmless agreement for the relocation of the pipe. If in fact this was this position of King County at the mediation, it was not communicated to the City of Renton. it is principally King County's insistence upon being provided this hold harmless that has been the stumbling block in signing a final settlement agreement . A second stumbling block has been a disagreement between all parties regarding the form of the release to be given by Mr. Gallagher to all defendants . Mr. Gallagher insists that the release should only apply to past damage and Schneider Homes and King County have insisted upon it operating 1 prospectively. Mr. Gallagher's letter is therefore factually incorrect in his assertion that everyone reached an oral agreement to settle his lawsuit. No agreement, oral or otherwise, was reached between the parties requiring the City of Renton to give King County a hold harmless agreement. Neither was there apparently any agreement on the form of the release. In actual fact, the first written settlement agreement received by the City of Renton following the mediation session bore little resemblance to the matters discussed at the mediation. Mr. Gallagher' s attorneys had arbitrarily inserted items which were not even discussed at the mediation. The most egregious of these additions sought to arbitrarily impose unrealistic time constraints on King County and the City of Renton to complete construction of the improvements to the north fork of Springbrook Creek. On June 7, 1991 my office received the attached letter from Mr. Gallagher's attorneys . This letter contains a new proposal intended to, resolve the current impasse. I hope to review this matter with the Parks Department and Public works Department at the meeting which is scheduled for June 12, 1991 . 8 . 13/48 4. i i M I i{ �I 3 2 1 T2AN .SM I T CONF I RMRT ION REPORT >k >k Journal No . 001 Receiver 92718319 Transmitter RENTON PARKS Date Jun 10 ,91 16 :03 Time 00 'S8 Mode NORM Document 02 Pages Result 0 K w CITY OF RENTON Office of the City Attorney Earl Clymer, Ma' a Lawrence J. Warren � ��C1111991 of R�NTQN C1Tl n.-r,c. F,.n�,Xneering M E M O TO: Randall Parsons, Storm and Waste Water Utility Supervisor FROM: David M. Dean, Assistant City Attorney DATE: June 4, 1991 RE: Springbrook Trout Farm Thank you for your memorandum of May 13, 1991 . Thank you also for the copies of the other memorandum dealing with the Springbrook trail acquisition . I received these in the midst of preparation for what turned out to be a fairly protracted King County Superior Court jury trial . I have now reviewed Mr. Gallagher' s letter and have outlined a factual response to those parts of Mr. Gallagher' s letter concerning the negotiations between his attorneys and the City of Renton. My office is currently scheduled to review this matter with the Parks Department and Public Works on Wednesday, June 12 , 1991 in the Liberty Park Conference Room. This meeting will discuss the status of Mr. Gallagher' s pending lawsuit in light of the potential acquisition of Mr. Gallagher' s trout farm for City of Renton park purposes . After you have reviewed the enclosed background information, please give me a call . Post Office Box 626 - 100 S 2nd Street - Renton, Washington 98057 - (206) 255-8678 RESPONSE TO APRIL 24, 1991 LETTER FROM DON GALLAGHER Mr. Gallagher' s letter of April 24 , 1991 references a mediation session which was held in May, 1990 in an attempt to settle the litigation which had been filed by Mr. Gallagher sometime earlier against Schneider Homes, King County and the City of Renton. All defendants were present. King County was represented by Chuck Maduell, the City of Renton was represented by David Dean and Schneider Homes was represented by Garth Schlemlien. Mr. Gallagher was represented by David Bricklin. Mr. Gallagher is seeking monetary damages for flooding to his property which occurred in a storm event in 1986 as well as damages for excess siltation in his trout ponds arising out of the alleged mislocation of a storm drainage pipe built by King County in the late 1970s . Mr. Gallagher attached to his April 24, 1991 letter a copy of the order that required King County to install and maintain a pipe directing water into the City of Renton' s reservoir. The City of Renton had agreed under that order to periodically remove accumulated siltation in the settling basin. At the mediation, the various defendants agreed to pay Mr. Gallagher collectively the sum of $150, 000 . 00 . The City of Renton' s contribution to this settlement was $30, 000 . 00 . The principle justification for any payment by the City of Renton was the cost of further defending the litigation. King County and the City of Renton further agreed that pursuant to the interlocal agreement between King County and the City of Renton certain improvements would be completed in the north fork of Springbrook Creek. The net effect of these improvements was intended to greatly reduce or eliminate further erosion of the north fork channel and the subsequent deposit of that erosion downstream in Mr. Gallagher' s trout farm ponds . Lastly, King County agreed to fulfil their responsibility under the 1978 settlement agreement by relocating the storm water drainage pipe so that storm water would be directed into the City of Renton' s reservoir settling basin. The City of Renton' s position at the mediation was that the court order settling the earlier litigation imposed this duty upon King County. Unfortunately, King County now maintains that their agreement to relocate this pipe was conditioned upon both the City of Renton and Don Gallagher providing King County with a hold harmless agreement for the relocation of the pipe. If in fact this was this position of King County at the mediation, it was not communicated to the City of Renton. It is principally King County' s insistence upon being provided this hold harmless that has been the stumbling block in signing a final settlement agreement . A second stumbling block has been a disagreement between all parties regarding the form of the release to be given by Mr. Gallagher to all defendants . Mr. Gallagher insists that the release should only apply to past damage and Schneider Homes and King County have insisted upon it operating 1 prospectively. Mr. Gallagher' s letter is therefore factually incorrect in his assertion that everyone reached an oral agreement to settle his lawsuit. No agreement, oral or otherwise, was reached between the parties requiring the City of Renton to give King County a hold harmless agreement. Neither was there apparently any agreement on the form of the release. In actual fact, the first written settlement agreement received by the City of Renton following the mediation session bore little resemblance to the matters discussed at the mediation. Mr. Gallagher' s attorneys had arbitrarily inserted items which were not even discussed at the mediation. The most egregious of these additions sought to arbitrarily impose unrealistic time constraints on King County and the City of Renton to complete construction of the improvements to the north fork of Springbrook Creek. On June 7, 1991 my office received the attached letter from Mr. Gallagher's attorneys . This letter contains a new proposal intended to resolve the current impasse. I hope to review this matter with the Parks Department and Public Works Department at the meeting which is scheduled for June 12, 1991 . 8 . 13/48 2 r � ? fJ BRICKLIN & GENDLER ATTORNEYS-AT-LAW JUN 07 19911 SUITE 1015 FOURTH AND PIKE BUILDING 1424 FOURTH AVENUE WARREN, KEILOGG, BHR: ER, SEATTLE, WA 98101 DEAN & FOTJTES, P,S. DAVID A. BRICKLIN (206) 621-8868 MICHAEL W. GENDLER FAX (206) 621-0512 June 6 , 1991 David M. Dean Warren, Kellogg, Berber, Bean.& Foster P.O. Box 626 100 South Second Street Renton, WA 98057 Garth A. Schlemlein Betts, Patterson & Mines 800 Financial Center 1215 Fourth Avenue ., Seattle, WA .98161-1090 Charles `Maduell _ Office of the Prosecuting Attorney King County, .-Washington,. E550 King. County..Courthouse, 516 Third Avenue Seattle, WA 98104 Re: Gallagher v. King County, et al . Dear Gentlemen: Our new trial date is looming. ever closer and the need for undertaking substantial discovery and pre-trial preparation is upon us . For over a year we have attempted without success to complete a settlement for which we thought there was agreement. I write at this time to make another effort to complete the settlement, this time taking a new tack. This letter is written for settlement purposes only. No part of this letter may, be used against my client' s interest without the consent- of my client and his attorney. Recently, I have discussed the possibility of filing a motion to compel the City of Renton to effectuate the settlement agreed to last spring. I still believe that is a viable option. I note that there is case law in this state that confirms the right of parties to enforce an oral settlement. See David M. Dean Garth A. Schlemlein Charles Maduell June 6 , 1991 Page 2 Strottlemyre v. Reed, 35 Wn. App. 169 ( 1983 ) . I am not dissuaded by David Dean' s challenge to our ability to take his deposition. Pursuant to Civil Rule 26 , discovery may be had "regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action. " CR 26 (b) ( 1) . Clearly an alleged settlement of litigation relates to the subject matter of the litigation. If our effort to enforce the settlement is not successful, we are completely prepared to litigate the underlying action. I do not need to reiterate the strength of our liability claims or the magnitude of the previously identified damages . Your willingness to contribute a total of $150,000 in settlement of the dispute and to take remedial action, too, vouches for the merits of our claim. Instead, I want to focus on the current dispute regarding the terms of the settlement and propose a new method for resolving it. The dispute essentially involves two items . One, is Renton' s responsibility to sign a hold harmless agreement unless, in good faith, it determines that relocating the outfall on the south fork is likely to cause damage to other property owners . Second, there has been a question about the prospective nature of the release. Rather than debate those items further, Don Gallagher is prepared to accept an additional $20, 000 in return for making the release operate prospectively, and releasing King County and the City of Renton from their obligations concerning relocation of the outfall in the south fork. The $20, 000 amount (which would bring the total settlement to $170, 000) finds support in four different approaches . First, Don Gallagher has suffered additional damage in the year which has elapsed since the settlement was first reached. There have been major rainstorms on two different occasions (December, 1990 and April, 1991) . Don has incurred out-of-pocket expenses fending off flood waters this winter that exceed $4, 000 . The additional physical damage caused by this winter' s flood waters resulted in remedial expenses of an additional $3,000 ( for additional material and labor) . Most significantly, Don will incur another year of additional expense in b rown trout instead of eyed out eggs . As we documented for you prior to the mediation last spring, this additional expense runs between $12 , 000 and $18, 000 annually and would not be incurred but for David M. Dean Garth A. Schlemlein Charles Maduell June 6 , 1991 Page 3 `the defendants ' wrongful conduct and Don' s inability to remedy the damage which has occurred. In sum, Don has sustained additional damages of between $19 ,000 and $26 , 000 . A second approach is to consider the additional expense which Don will incur in lieu of King County and'Renton relocating the outfall into the south fork. Essentially, because of the additional sedimentation which will continue out of the south fork, Don will need to construct a more substantial check dam to create a pond on. his own property which will act as a sett ing pond. Don estimates the expense of constructing the dam and the value of the property flooded by the sediment pond to be approximately $20, 000 . A third approach is to consider the savings to King County and Renton by foregoin re ,ocatiQp of the south fork pipe; and the avoidance of risk for all 'defendants if the release acts prospec ive�y.TFiese tangible and intangible savings are worth in excess of $20, 000 . A fourth approach is simply to look at the time value of the settlement funds which you agreed to pay last April but which you have held for over a year. Compound interest on the $150, 000 for fourteen months would amount to approximately $20, 000 . We are entitled to the interest either in equity or on the theory that the amount of the debt had been reduced to a sum certain, allowing for the accrual of prejudgment interest . Several of these approaches operate cumulatively. For instance, Don is probably entitled to the "$20, 000 plus" damages under the first approach; the $20, 000 remediation expense under the second approach; and, perhaps, the pre-judgment interest under the fourth approach. From this perspective, our $20, 000 increment offer now is manifestly reasonable. I should warn you in advance that the $20, 000 figure is not negotiable . As you can understand, Mr. Gallagher feels taken advantage of already. We believe that the additional $20 , 000 is a fair amount in light of the above circumstances . Of course, we do not care how it is split among the three defendants . f l David M. Dean Garth A. Schlemlein Charles Maduell June 6 , 1991 Page 4 We look forward to your response at the earliest possible date. This offer will expire on June 21, 1991 . Very truly yours , BRICKLIN & GENDLER David A. Bricklin DAB/mby cc: Don Gallagher r r �/�-ti10q-LC� ? g7s CITY OF RENTON CITY OF RENTON M E M O R A N D U Mc- ngineeringDept. DATE: May 7, 1991 TO: Dick Anderson, Utility Systems Manager.-' Dan Clements, Administrative Services Administrator FROM: n mann, Administrator Plann- ' uilding/Public Works Department SUBJECT: Springbrook Trout Farm The four day storm of April 4, 5, 6, and 7th has recreated the conditions which may have adversely affected the Springbrook Trout Farm and other properties in the immediate vicinity. During the Mayor's staff meeting of April 8th, a discussion ensued regarding the repetitive nature of muddy waters flowing near and through the Trout Farm with a consequent history of litigation claims and counter claims. We decided to investigate the condemnation of the Trout Farm for public purposes in order to avoid possible further costs of litigation and claims. This department "volunteered" to take the lead in preparing an agenda bill and an issue paper for presentation to the City Council. I have received the following information: Who What Leslie Betlach Information regarding possible funding sources related to open space and park purposes and additional data clarifying the public purposes behind a such a condemnation action. Larry Warren A brief overview of the legal history of the City's involvement with the Springbrook Trout Farm and observations clarifying the Administration's legal position. Springbrook Trout Farm (A/ May 7, 1991 ri 4 4" Page 2 P J MP r To complete the "picture", we need: ( Who What 2 � Dan Clements Information regarding the history of insurance claims and payments to date and any other financial information or insurance related information which would clarify possible sources of financing for condemnation action. (See Leslie's memo, attached). Dick Anderson A vicinity map and site specific map showing the location of the storm drainage issues and factual data regarding engineering and ��a"`�tl'�' maintenance concerns, including King County's proposed storm drainage line to the west'of our Springbrook utility area and any other �Apr�ry6 pertinent technical information. 1 If each of you could provide this information to me by May31Ek, I will aggregate it into •`t�" an issue paper so that we cc-4n► present it in executive session to the Council. If you have other suggestions or concerns, please give me a call. Thank you for your help with this issue. cc: Leslie Betlach Jack Crumley Larry Warren 6/sprinbrk/LAG/bh PUBL�, City of Renton Parks and Recreation CITY � MEMORANDUM TO: Lynn Guttman, Administrator FROM: Leslie A. Betlach, Open Space CoordinatorV I SUBJECT: Springbrook Trail Open Space Bond Issue Project DATE: April 10, 1991 John Webley brought to my attention that the Springbrook Trout Farm has once again flooded during the most recent heavy rainfall and considerable damage has been done. The Open Space Bond Issue Program has funds available for open space acquisition in this area which has been specifically identified as the Springbrook Trail Corridor. The exact location of this trail corridor has not yet been determined, as we are primarily in the very early stages with this particular project. However, we are familiar with the locale and have met with the owner of the trout farm. I have attached a brief project summary outlining the funding, project description, accomplishments to date and projected 1991 goals. In addition, I included Exhibit A of Resolution No. 2785 pertaining to Springbrook Trail. This is part of the Interlocal Agreement between the City and King County. This exhibit identifies the project phases and projected cash flow by year and quarter. The County's sale of bonds are based on this exhibit. A total of$423,388.00 open space bond funds are available for acquisition. Coordination of property acquisition, with city utilities for joint projects is a viable option. In addition, one of the goals of the Open Space Program is to leverage this money for additional grant monies. Ultimately, we could double the above figure if we apply for and receive a grant from the I.A.C. (Interagency Committee for Outdoor Recreation). Another funding source to increase the available monies is application to the King County Conservation Futures Levy Fund. Typically a maximum of$100,000.00 has been awarded per project in the past. It should be noted, however, that preparing grant applications is a long and competitive process and that receipt of grant monies is not a sure thing. Also, Washington Wildife Recreation Coalition (W.W.R.C.) grant monies can not be utilized for purchase of land that has been condemned. Therefore, the city could be limiting itself in leveraging the Open Space Bond funds depending on whether the land to be acquired has been condemned. The Park Department staff would like to coordinate with you and discuss opportunities and options for land acquisition in the Springbrook Trail Corridor. Should you have any questions, please contact John Webley or myself. C: John Webley Sam Chastain LB/sp RESOLUTION NO. 2785 SUBURBAN CITIES OPEN SPACE PROGRAM CITY OF: RENTON QUARTERLY CASH FLOW PROJECTIONS PROJECT: Springbrook Trail EXHIBIT A BOND PROCEEDS* S423,388 ALLOCATED BOND PRINCIPAL: S400,903 P R O J E C T P H A S E S Bond Proceeds Cash Flows Administration Acquisition Design Construction Total QUARTER ( I I I I I I 1st/90 I I I I I I I I I i I I I 2nd/90 ( ! I I I I 1 I I I I I I I I I I i I I I 3 rd/90 I ( ( I I I I 8,082 8,082 I 8,082 j 4th/90 I ( 1 l I 1 I ! I I I I I I I 315,306 I 11,918 I 303,388 I I i 315,306 1st/91 ( ! 1 ! I 1 I I I I I I I I I 100,000 I 9,637 I 90,363 I I 1100,000 2nd/91 ( ! ! 1 1 I I I i I 1 I I I ( I 1 I I 1 I 3rd/91 ( I I I I F i I I I I I I I I I I I I I 4th/91 ( ( I I I I I I I I I I I I I I I I I I I 1st/92 I I I I I I I I I I i i I I 2nd/92 ( I I I I I I I I I I I I I 3rd/92 ( I I ( I I I I i I I I I I 4th/92 ( ( I I I I I PROJECT 8 S423,388 $ 29,637 $393,751 $423,388 PHASE TOTALS -- +-^------ ------------------ •NOTE: "BOND PROCEEDS" equals the total allocated bond principal plus the expected interest earnings. Actual earnings will be determined by the bond sale, and by the rate of spending. r= SPRINGBROOK TRAIL FUNDING Source of Funds Amount Open Space Bond Proceeds $423,366.00 -TOTAL t PROJECT DESCRIPTION ! This acquisition will enable the City to extend the planned Springbrook Trail from Talbot Road west and north until it reaches the wetland area east planned tort Ss system that 7. This trail will also connect to the Panther Creek Wetlands and p Y will ultimately lead to Renton's Civic Center where there is ready access to the Cedar River Trail system. Park Department acquisitions will be coordinated with the City's Public Works Department acquisitions in both the Springbrook and Panther Creek project areas. ACCOMPLISHMENTS Preliminary investigation of potential parcels and discussion with vicinity property owners 1991 PROJECT GOALS Identification of parcels for potential acquisition Make contact with property owners Coordinate acquisition program with city utilities for possible joint projects Monitor Valley Medical Center Development Program (master planning) for inclusion of trail system (36) CITY OF RENTON MEMORANDUM DATE: Monday, May 13, 1991 TO: David Dean,Assistant City Attorney FROM: Randall Parsons,Storm and Waste Water Utility Supervisor SUBJECT: SPRINGBROOK TROUT FARM Per our phone conversation last week, enclosed is the letter,dated April 24th, 1991,to the Mayor from Mr. Gallagher. As we discussed, it appears that the issues he has raised for response involve the settlement you have been involved with between him and King County. Let us know if you plan to respond for the Mayor or if you need any technical information from us. Enclosed is a copy of the right-of-entry we received that Mr.Gallagher has endorsed to King County and to us as their"assigns". King County is proceeding with the condemnation process and currently the hearing is scheduled for November. I would suspect that Chuck Madwell, King County's Deputy Prosecuting Attorney is either handling the condemnation process or is aware of it. Call me at 277 - 5548 if you have any questions. RP:rp CC. Dick Anderson Enclosures t GBROOK ROUT fi 19225 Talbot Road South Renton, WA 98055 (206) 852-0360 PLLS $ P/Z�j;VZf April 24 , 1991 F-°/Z" �, y S�cNAI-T-�. The Honorable Earl Clymer Mayor of Renton n Renton Municipal Building 200 Mill Avenue South Renton, WA 98055 Dear Mr . Mayor : Thank you for listening to me on a major problem of flooding and siltation at my trout farm eturng the to theltrout farm fast heavy rom in storm . Within 30 minutes of my r our visit, Mr . Ron Olson and Mr . Richard Anderson came out to my trout farm to discuss temporary corrections to help respond to the current problem . Within a very short time , they had a contractor at the Springbrook watershed brook Creek . This the channelization of the North Fork of Spr q action taken was prompt, correct and helped to reduce the o my ponds , consequently saving my trout siltation going int farm from a slow and lingering death . Again, I would like to request your assistance or help in another related matter . However first, a little background information is required . Considerable damages to my trout farm occurred during a heavy rain storm in 1986 . As a result , a lawsuit was eventually filed by myself against King County, City of Renton, and Schneider Homes . This case was settled through arbitration by oral agreement in May, 1990 . Part of this settlement included an agreement by King County and the City of Renton to implement an earlier court order to redirect a storm drain back into the Springbrook watershed reservoir . Redirecting the storm drain would help correct the longstanding ith affects Springbrook Creek generally and siltation problem w I am attaching the trout farm in particular . aching a copy of the earlier court order which King County and Renton agreed to implement as part of the May , 1990 settlement . You will notice on the court order that the City of Renton and King County and agreed to make this correction . o r ction . Despite it thn May, 1990 order the the reneged comma project has never been implemented . You Catch 'Em, We Clean 'Em Group Reseruattons Accepted Trout Fishing for All Ages Stuck Your Pond with Rainbow Trout Picnic Area and Cooking Facilities No License Needed The Honorable Earl Clymer April 24 , 1991 Page 2 At the settlement conference in May, 1990 , King County agreed to be responsible for implementing the rerouting of the storm drain provided that Renton and myself held King County harmless for any damage that might result from the project . Now, despite everyone ' s oral agreement to that settlement , my understanding is that Renton refuses to sign a settlement agreement that includes those terms . In other words , the City is the chief stumbling block at this point . But my damages are continuing to mount . It this settlement is not finalized, I will be forced to return to Superior o ( date for November, 1991 ) . Y damages will be considerably higher than those for which I settled last May, 1990 . Apparently, the other attorneys in the case are considering bringing a motion to force Renton to sign a settlement document consistent with the all this legal of maneuvering .oral menLegal t . Personally, fees for I do no everyone continue to mount . Based on the above information , I request your assistance to help resolve this problem. If the City of Renton does have just cause not to sign a settlement agreement consistent with the terms of the oral agreement , I would like to have those reasons explained to me clearly . I have been willing to discuss other alternatives but, to date , none have been acceptable to all of the parties . Mr . Mayor, we both have similar goals . One of yours is to get public support to protect the Renton aquifer . Mine would be to get public support to protect Springbrook Creek and continue to operate a trout farm that has been in operation over 45 years . Sincerely, Do- n Gallagher MAY 1 2 1978 1 2 3 4 5 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY 6 DONALD J. GALLAGHER and ) MARY D. GALLAGHER, d/b/a ) 7 SPRINGBROOK TROUT FARM, ) NO, 8 1 9 3 3 5 8 Plaintiffs ) ORDER OF DISMISSAL 9 vs ) 10 CITY OF RENTON, a municipal ) 11 corp. , & KING COUNTY, a ) municipal corporation ) 12 and Defendants 13 CITY OF RENTON, ) 14 Third Party Plaintiff 15 vs ) 16 HOWARD SCHWICHT CONST. CO. , ) 17 Third Party Defendant 18 19 THIS MATTER having come on regularly before the undersigned 20 Judge of the above entitled Court upon agreement of the parties 21 as evidenced by the signatures of their attorneys hereto, due 22 cause appearing therefor, it is hereby 23 ORDERED, ADJUDGED AND DECREED that Plaintiffs ' cause of 24 action against the City of Renton for inverse condemnation 25 based upon alleged excessive taking of water be and the same 26 is hereby dismissed. with" prejudice, and it is further 27 ORDERED, ADJUDGED AND DECREED that Plaintiffs ' cause of 28 action against the City of Renton and King County for damages 29 caused by excessive siltation be and the same is hereby 30 dismissed upon condition that King County install and maintain 31 a pipe directing water into the City of Renton ' s Reservoir 32 ORDER OF DISMISSAL PAIN 6 WARREN Page 1 ip0.O..[COHD. ..LD O..•.0.BOX:2* Rr.rO w. WwS,��r.crON 9805! 253 BO78 1 Settling Basin and upon the City of Renton maintaining the 2 depth in said settling basin by removing accumulated siltation 3 at least once a year and upon signing by Plaintiff of a hold 4 harmless agreement in favor of the City and King County due 5 to the maintenance of this diversion system and settling basin, 6 and it is further 7 ORDERED, ADJUDGED AND DECREED that the Third Party Action 8 against Howard Schwicht Construction Co . be and the same is 9 hereby dismissed.with prejudice. 10 DONE IN OPEN COURT this day of May, 1978 . 11 J U D G E 12 13 Presented by: 14 Lawrence J . Warren. Attorney 15 for City of Renton 16 17 Approved for Entry and Notice of Presentation Waived: 18 19 MichaelHanis, Attorney or ?0 Donald J . Gallagher et ux 21 22 Darrell y re , Attorney or 23 King County 24 25 Mic ael Patterson, . Attorney 26 for Howard Schwicht COnst- Co . 27 28 29 30 31 32 PAIN h WARREN w TT0I 1• IT V w 100[O.i[COMO IT LOO.. OOY U• R[wrOw. —1.1 C+O. 0005] 255-D67a �? King County Surface Water Management Division Depanment of Public tVork> :30 Dexter Horton Building -.Y ,- 710 Second Avenue - r _ Seattle, Washington 9810� t=i�r'll'.�;". ::' -� (206)296-6585 February 4 , 1991 Mr. Randall Parsons, Utility Supervisor Department of Public Works City of Renton Municipal Building 200 Mill Avenue South Renton, WA 98055 RE: Springbrook Creek Regional Facilities - Right of Entry Dear Mr. Parsons: Enclosed is the Right of Entry for Construction document from Donald J. Gallagher for the above-referenced project. Construction for the pipeline may therefore begin as soon as the necessary permits are obtained and the project is advertised. Thank you for your attention in this matter. If you have any questions pl --ase contact Doug Chin, Project Management and Design Unit Senior Engineer, at 296-6519. Sincerely, Lar G' bons, P.E. Supe ising Engineer Project Management and Design Unit LG:DC:ad W16:LT15 Enclosure cc: Pearl McElheran , Manager, Real Property Division ATTN: Ralph Long, Supervisor, Acquisitions Section Don Olsen, Right of Way Agent Jim Kramer, Manager, Surface Water Management Division ATTN: Ken Guy, Assistant Manager Susan Thomas, Intergovernmental Relations Coordinator Doug Chin, Senior Engineer, Project Management and Design Unit RIGHT OF ENTRY FOR CONSTRUCTION SPRINGBROOK REGIONAL POND_ FILE N0. 31 - H3.2(30)- (project, Installation or Activity) (Tract Number or other Property Identification) THE UNDERSIGNED, hereinafter called the "Owner, " in consideration of the total compensation to be paid by King County, hereinafter called the "County, " for all land or easement rights hereinafter described, to be determined by subsequent agreement between the owner and the County, or by judicial proceedings, hereby grants to the County, a permit or right-of-entry upon the following terms and conditions: 1 . The Owner hereby grants to the County an irrevocable right to enter upon the lands hereinafter described from the date of this instrument, or until completion of the hearing to be scheduled and subsequent Immediate Use and Possession Agreement, Grantee will request and Grantor agrees to grant said Immediate Use & Possession Agreement. Construction work to be performed according to project design. Grantee shall act with all due haste to secure said hearing date. 2. All tools, equipment, buildings, improvements, and other property taken upon or placed upon the land by the County shall remain the property of the County and may be removed by the County at any time within a reasonable period after the expiration of this permit or right-of-entry. 3. The County shall have the right to patrol and police the lands hereinafter ' described during the period of this permit or right-of-entry. 4 . It is understood and agreed that if the County does not acquire title or other necessary interest in said land prior to t►re expiration of this permit or right-of-entry, or any renewal thereof, tyre County agrees to be responsible for any damage arising from the activity of the County or its agents on said lands, in the exercise of rights under this permit or right--of-entry, and shall repair such damages, or, in lieu thereof and at t►re option of the County, shall make a cash settlement with the Owner. The land affected by this permit or right-of-entry is located in the Country of King, State of Washington, and is described on the attached Exhibit "A". IN WITNESS WHEREOF, tile said Grantor has hereunto signed his name the day and year first above written. GRANTOR GRANTOR STATE OF WASNINGTON) 1 ) SS COUNTY OF KING ) On this day personally appeared before memo me known to be the individuals) described in and who execut d the within and foregoin .instrument, and acknowledged that It signed t►re same as 'r—_ free and voluntary act and deed, for the uses and purposes therein mentioned. ., Given under my hand and official seal this day of 19 NOTARY PUBLIC ii.n and for tie Of Washington, residing at A Gallagher, Donald File :51, Parcel :12 I:ji)) DI1ALtjAEJL_HAS!tjHWr ')'HIS INDENTIME made this (fav of hereinafter called the GUANT011, and King County, t4ashilli(lon, a pl.)[Uic.il subdivision of the State of Washington, hereinafter called the GRANTEN. WITNESSF.,'I'll: Iflie"Cas, the I;I?AN*I'()Ii herein is the otuer or that ccwtuiu pure:el of land described its follows: That per Lion of Trac-1. 9, §pringfirtmit Acre Tracts, according In the )tilt Illereof recorded W Volume 12 or Plats, page HO, in Idlig (%""to WaA,Wqk"j, lying Northeasterly of it title described Is Coliminlicing at the N""humt corner of said Trilvl. 9; thf,"lli' South WORL uhmg the Bast side, 271A0 few In the 'hile i,nini or Rugo,ing or the herein described Him; thetwe North 78-2 1'.12" 14e8l, reel.; I hinit-e- North 2fib09'56" Wes I, 106.78 feel.; thonce: North 83u20'0Z" West, 289.79 Net; thtnic..- North 701,34'.16" %Vest, 222.76 feet; I hence North 75-38'37" hest, 190.83 feet; thence North 72q 144" West, 5455 Net to the North !We of I'mml. 9 and the lelininus of tile described Hilt.; FXCETT tile North 100 feet of tilt! Bast 175 legit thereot. 'fill! said Grantor, for and in collsideralion of into other valuable vousideratim), ve F—Tl--,-,--b-Y c-ln.wledgd, (i, receipt "he " is i -) by these Presents bargain, sell, con- Vey, and Confil"ll unto said GRANTEE, its miccumourm and assigns, jj tight of a.N. Ille"t for 11 drainage AcHILY oveq through, across and under lb" pnqm"y described, situated in Kind; county, IJashin4tun, Iwilla Ill,we particularly described #is fi'llows: E;-eillent: The True Point or Hegv"wg I.&, In SonUet.esl corner of t: I'll't or Springbrook Terrace; I ht!"Cu lilong Ill(- North I.ine nI' saill 1,1.;jf:t 9, btnuing North 85-12'27" l4est. 473..-)3 It-oi; till.-twe South 7 2,-1 1'44" PAst, 1:19.55 feet; I hence South 75138'37" h js I, 190.8:3 feel.; t I i t-i i c e South 7 0,3-1116" I..as t, L,_,'2.7 t; fl,-j; I fituive South 8.IQ20'02" liasl, 289.79 re u I.; I hVu(i! South 26-09'56" lust, 106.7 H feel.; t I i e)11,e South 78,2 1'42" host, 22.() 1*(.,(.I; theiwir Norl It Z5-491 19" I-Vest, re I hence North 8 IoZZ'29" hiest., 180.04 feel.; I hence North 690 I VO I" West, 159.35 feet; I hence Northwesterly 67-98 feet, ilI/L, to the True Point of Beginning, all ill TruCt 9, Springbrook Acre Tracts, according In the pWt thereof recorded in Voll"lle 12 of Plats, Page 60, hi NW9 Mlimly, Wushkwhlii. CONTAINS AN ARRA OP 39,489 St'jl. I;-I,. (-)1? ().91 W11ES, �I/L. Said Grantee, its sucressorm and usdglis, shall have the right at such time as "a" be necessary, to eider upon said properly hn- the pinjinse or ing, maintaining and repairing said drainage facility. IN WITNE'S8 IVIII!TEOF said GRANTOR has herelloto sel his hoed mid s.•al the one nud Y(:lji. lirsl above writivil. GUANTOR GUA N1 OU WAS IIING'I'W-J t'r,11N1'1 ul• NING 1 r,u Ihis ,I;.I}• I,f _ _ _ 19 hl:l'I,rl: lull I1et•til,n;111•. nl,lnr,u•Ir,l Iwfor'1: luc 1�11n1J 11 It, he the iullk illmila Ifes,•ril,c•II it, ;111d lllt'd the 1'rn•1-gnur,r i Lltitrllnr1r111, Innl rlrl.Inn:luJ�c11 Ihnl Ihl•1 sill 1:11 IIlir anluu as I but r Irl, ;,1111 hullnrp u. 1 ;unl Ifc„I• t„I' IIll! II-ws ;m,I I111rI,1,11'K LIwr'1.111 ill, I1I,n11••1. GIVI•N hest nln,�,• lrrrll• n. Nn1;11.1' 1•uhlir In ;Intl h-v Ihl• S1;11,- I,t I�LItilli,i>••I,nl, r,rtiiJiu_ :il: w d I..I LUUII 'I OPI 111 I ILL 7I.JU la .lil7 CITY OF RENTON MEMORANDUM Date: May 21, 1991 CITY OF RENTON -ineering D2p . TO: Lynn Guttmann FROM: Dan Clements RE: Springbrook Trout Farm Insurance Claims This correspondence will follow-up on our discussions regarding Springbrook Trout Farm claims and related insurance losses. Since January of 1986 the City has incurred claims, losses, and attorney fees amounting to some $98,505. We do not have fees associated with earlier losses, but my estimate is that total claims and attorney fees would be in the neighborhood of$125,000. As we have discussed, since we have a known liability at this juncture, it is my assumption that we will be more subject to claims in the event of future flooding. Hopefully this responds to your questions. If you need any additional information, please feel free to give me a call. DC/csk cc: Larry Warren Jay Covington C:\CORRESP\springbr • OOK TROUT �C Co s 19225 Talbot Road South 2�^JDI1liL , Renton, WA 98055 (206) 852-0360 April 24 , 1991 Dec The Honorable Earl Clymer P a/fp Mayor of Renton Renton Municipal Building 200 Mill Avenue South NTOV Renton, WA 98055 �iT�� O� R` o $ Dear Mr . Mayor : You for listening to me on a major problem of flooding Thank y trout farm during the last heavy rain and siltation at my return to the trout farm from storm. Within 30 minutes of my out to our visit, Mr . Ron Olson temporary corrections r . Richard d tonhelperespond my trout farm to discuss Pthe had a to the current pthelespri.ngbrook Within a very watershed to restorethe contractor at Tin brook Creek. This channelization of the North correct of d helped to reduce the siltation going into my action taken was Prompt' oponds , consequently saving my trout farm from a slow and lingering death. I would like to request your assistance or help in Again, a little background another related matter. However first, Considerable damages to mya re result, t farm information is required. a occurred during a heavy rain storm self l s against King County, lawsuit was eventually filed by y City of Renton, and Schneider Homes . This case was settled through arbitration by oral agreement in May, 1990 . an agreement by King County and the this settlement included City of Renton to implement brook waters earlier court order t d watershed reservoir. a storm drain back intoSpring Redirecting the storm drain would helpbrookeCreeke generally and with affects Spring g siltation Problem articular . I am attaching a copy of the the trout farm in p earlier court order h 1MayK11990Csettlemendt ReYtoonw agreed notice implement as part o on the court order that ection. Despiity of te the courtsorder uand agreed to make this correction . the renewed commitment to implement it in May, 1990 , the project has never been implemented. You Catch 'Ern, We Clean 'Ern. Group Reservations Accepted Trout Fishing for All Ages Stock Your Pond with Rainbow Trout Picnic Area and Cooking Facilities No License Needed The Honorable Earl Clymer April 24 , 1991 Page 2 At the settlement conference in May,ting e rerouting0 , King County agreed f the storm to be responsible f r implandnmyself held King ouonty harmless drain provided that ro ect . Now, for any damage that might result from the p j despite everyone ' s alien on agreement to toat sign e atlsettlement ement, MY understanding is that agreement that includes those terms . In other words, the City is the chief stumbling block at this point . But my damages are continuing to mount . I f this settlement is no(we have finalized, superiorwill be forced to return to Superior Court My damages will be considerably date for November, 1991) . higher than those for which I settled last May, 1990 . se are Apparently, the other attorneys in the force Renton to sign aasettlementndodcumeng bringing a motion to consistent with the terms of the oral settlement . Person lly, I do not like all this legal maneuvering Legal for everyone continue to mount . Based on the above information, I request your assistance to help resolve this problem. If the City of Renton does have just cause not to sign a reementent greement I with ould 1 ke tolhavetthose the terms of the oral g I have been willing to reasons explained to me clearly to date, none have been discuss other alternatives but acceptable to all of the parties . Mr . Mayor, we both have similar goals . One of yours is to get public support to protect the Renton aquifer . Mine would be to get public support to protect Springbrook Creek and continue to operate a trout farm that has been in operation over 45 Yeats . Sincerely, Do"" n Gallagher " kAY 12 1978 1 2 3 4 5 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY 6 DONALD J . GALLAGHER and ) MARY D . GALLAGHER, d/b/a ) 7 SPRINGBROOK TROUT FARM, ) NO 8 1 9 3 3 5 8 Plaintiffs ) ORDER OF DISMISSAL 9 vs ) 10 CITY OF RENTON, a municipal ) 11 corp. , & KING COUNTY, a ) municipal corporation 12 and Defendants ) 13 CITY OF RENTON, ) 14 Third Party Plaintiff ) 15 vs ) 16 HOWARD SCHWICHT CONST. CO . , ) 17 Third Party Defendant ) 18 19 THIS MATTER having come on regularly before the undersigned 20 Judge of the above entitled Court upon agreement of the parties 21 as evidenced by the signatures of their attorneys hereto , due 22 cause appearing therefor, it is hereby 23 ORDERED, ADJUDGED AND DECREED that Plaintiffs ' cause of 24 action against the City of Renton for inverse condemnation 25 based upon alleged excessive taking of water be and the same 26 is hereby dismissed With:- prejudice ,. and it is further 27 ORDERED, ADJUDGED AND DECREED that Plaintiffs ' cause of 28 action against the City of Renton and King County for damages 29 caused by excessive siltation be and the same is hereby 30 dismissed upon condition that King County install and maintain 31 a pipe directing water into the City of Renton ' s Reservoir 32 ORDER OF DISMISSAL PAIN & WARREN Page 1 ATTORNEYS AT LAW 100 90. SECOND ST, BLDG.. P. O. BOX 62• RENTON. WASHINGTON 98055 253-8676 Q I Settling n Basin and upon the City of Renton maintaining the 2 depth in said settling basin by removing accumulated siltation 3 at least once a year and upon signing by Plaintiff of a hold 4 harmless agreement in favor of the City and King County due 5 to the maintenance of this diversion system and settling basin, 6 and it is further CREED that the Third Party Action 7 ORDERED, ADJUDGED AND DE 8 against Howard Schxoicht Construction Co . be and the same is 9 hereby dismissed.with prejudice . 10 DONE IN OPEN COURT this day of May, 1978 . 11 J U D G E 12 13 Presented by: 14 . . Lawrence J . Warren, Attorney 15 for City of. Renton 16 17 Approved for Entry and Notice of Presentation Waived: 18 19 is ae Hanis , Attorney or 20 Donald J . Gallagher et ux 21 22 Darre Sy re , Attorney or 23 King County 24 25 Mic ael Patterson, . Attorney 26 for Howard Schwicht Const . Co . 27 28 29 30 31 32 PAIN 8 WARREN ATTORNEYS AT LAW ]DO DO. SECOND ST. BLDG., P. O. IIOX 62# RENTON. WASHINGTON 08055 zss-8678 e R � CITY OF RENTON Office of the City Attorney Earl Clymer, Mayor eE 7IVED sIllel l/ PO LIC Vc 091K. DEFT. CITY C = rRrENr'ON April 15, 1991 Ce: `ex •,#- T0: Lynn Guttmann, Administrator Department of Planning/Building/Public Work L��, ; FROM: Lawrence J. Warren, City Attorney RE: Springbrook Trout Farm and SRrincibrook Springs CITY OF RENTON Dear Lynn: Ergineering Dept. You have asked that I prepare a historical review of the litigation involving the City of Renton and Donald Gallagher d/b/a the Springbrook Trout Farm. There have been three lawsuits, with the third suit still ongoing. The first suit sought damages for siltation damage to the trout farm caused when a slide occurred in the Springbrook Springs area and water within the impoundment was sent down the creek in a wave. Thereafter, the slide area eroded depositing additional silt. The city participated in a settlement with Mr. Gallagher. The second lawsuit alleged that the city was allowing less water to escape down Springbrook Creek than it should, and furthermore that siltation damage was occurring. I was able to get the lawsuit dismissed by proving that more water was going down the creek than had historically been the case. The present lawsuit grew out of the road washout that occurred several years ago and the resulting siltation. The alleged cause of the road washout was the fact that a culvert was blocked by trees and other debris washed down the north fork of Springbrook Creek. The north fork was accepting substantially more water because a King County plat had installed a surface water detention system that was not adequately designed. The suit was nearly settled, but King County is demanding a hold harmless from the City of Renton which we are refusing to give. Subsequent to the near-miss settlement, we have had two other metrological events that have caused significant siltation and will probably lead to additional claims by Mr. Gallagher. As this area has become developed, the erosion potential has increased. Mr. Gallagher' s trout farm has never been a particularly successful operation, and he apparently looks for someone to blame for that fact. Trout apparently require clear Post Office Box 626 - 100 S 2nd Street-Renton, Washington 98057- (206) 255-8678 } Lynn Guttmann, Administrator April 15, 1991 Page 2 water with a minimum of silt. Periodically the trout farm trout ponds receive significant siltation loads, and in each instance Mr. Gallagher then feels obliged to file a claim or suit against the city. It would appear that this practice will continue, if not accelerate. It would appear financially prudent for the City of Renton to try and acquire the Springbrook Creek corridor, including Mr. Gallagher's trout ponds . As you know, I made such a suggestion a year or so ago. We now have some money in the parks budget to acquire the Springbrook Creek trail corridor. Since we are still involved in a lawsuit, the acquisition by the city might actually prove to minimize the damages in the lawsuit, or at least forestall future damage claims . If I can provide you with any further information please let me know. Lawrence Warren LJW:as . cc: Mayor Clymer A8 . 68 : 64 . r/Z 6 2 Post-it'"routing request pad 7664 ROUTING - REQUEST Please L/ READ To ❑ HANDLE ❑ APPROVES and ❑ FORWARD ❑` RETURN 1D- l G41 ❑ KEEP OR DISCARD ❑ REVIEW WITH ME Date ✓ From G . s S (Z9V1Sul 4nlp Go.,i CITY OF RENTON MEMORANDUM DATE: November 26, 1990 TO: David Dean, Assistant City Attorney FROM: Dick A on, Utility System qr SUBJECT: Springbrook Trout Farms v. City of Renton, et ux et al. Springbrook Settlement: t,r 1. There are four parties to the settl�ent with each dismissing all claims against the other. Who has what claim agai Renton and what is Renton's claim against other parties? 2. The Release and Hold Harmless is too broad and must be narrowed to specific conditions and criteria. Renton cannot hold harmless King County for actions, etc. that are the sole negligence of King County or its agents and contractors. When by-pass is constructed by King County, the City should be protected against liability arising during construction. If King County takes future action that changes the by-pass flows (either through issuing permits for development/construction, or diversion of flows, etc), then City should not be obligated to hold harmless. The hold harmless agreement should be attached as an exhibit to the settlement. 3. What is the Good Faith Determination referred to on Page 2? *lf— 4. Item #4 on Page 2: The Interlocal Agre ent terms have note(been satisfied,w artr- Th Zgreement requiresextensio QE=a=a@-w=agre@ The �s settlement agreement may be meanin less and unenforceabl Interlocal Agreement d � 3i I --Ae,�s Aa�..+-6.,r � nroi„t .. It 5. Page 3: Hold Harmless concern same as above. 6. Page 3: Good Faith Effort: What if King County data and analysis is in error? This requires our determination based on erroneous data and analysis and then we must further aggravate the Cit 's position by holding King County harmless. This �d >� makes absolutely5o sense and is c�efipitely GgGontrary to publiic pol, (w�4 y �+.� �� A bb 1'Pam✓l a.+ ..� -r 1k,fo"., �..e w 4 r'l� ✓" d w � � CIO r�'oo� wo J �3 mb re 26, 1990 -�1�t !� V' ��7ro v, �, UoH Page Two Vr o r✓„L, d(f 7. Item #4, Page 3: Is it to be understood that if the City allows relocation of the by-pass pipe, the City incurs the added duty of annually dredging the reservoir, whereas by not approving the relocation of the by-pass pipe we are not contractually obligated to annual dredging? 8. Item #5, Page 3: Same comment as previously made on Interlocal Agreement. i i 9. Page 4 Re: Donald Gallagher: Do we need a drainage easement for the Springbrook storm drain to be constructed pursuant to the interlocal agreement with King County? '1-77-7 .u�,•a W47 v►-.�— S�tM.� "s�.+�- r+Av JNr d ✓a/vc tt.,c d ax.r.a^-d 6y j10., O/s 10. Item #1 under 11 Parties: This provision seems inconsistent since fulfillment of all terms conditions of a settlement agreement are required in order to settle nd the litigation. If one of the terms cannot be fulfilled and the litigation i not ended, then none of the terms should be binding and valid. 11. Release and Discharge of Claims (Item 4, Page 2): Shouldn't the r e be specific to the claim under King County #88-2-16153-4? SPRNGBRK/RJA:If �VION �`� � /'rils ei✓t9iY JV�' 'b" C d Al®w o vim w DRAFT SETTLEMENT AGREEMENT This Settlement Agreement is entered into by and between Donald Gallagher, King County, the City of Renton, and Schneider Homes , Inc . The parties hereto make the following mutual i agreements . A. Schneider Homes , Inc. agrees : 1 . To pay Donald Gallagher upon execution of this agreement $61 , 000 . 00 in settlement of his claims against Schneider Homes , Inc . 2 . To dismiss its claims against the other parties to this i Agreement in King County Superior Court Cause No . 88-2-16153-4 . ; 3 . To sign all papers necessary to effectuate this Agreement . i' B. King County agrees : 1 . To pay Donald Gallagher upon execution of this Agreement $56 , 000 . 00 in settlement of his claims against King g i� County. I 2 . To dismiss all of its claims against the other parties to this Agreement in King County Superior Court Cause No. 88-2- 16153-4 . 3 . To relocate within 90 days of receipt of the Hold Harmless Agreements referenced in this paragraph, or as soon thereafter as weather permits and any applicable permits can be obtained (e .g. Department of Fisheries and Army Corps of Engineer G ry ep- R�r+arorJ� SE.flO ceyw O,e Ipermits) , the outfall of the "bypass pipeline" to a point at or ji 910-783.agr i I DRAFT upstream of the City of Renton' s reservoir. The term "bypass pipeline" means the stormwater pipeling that runs beneath 200th Street S . E. and discharges water/in the City of Renton reservoi The term "reservoir" means the reservoir located in the City of Renton watershed adjacent to the City of Renton ' s infiltration galleries . King County' s agreement to relocate the outfall as required by this paragraph is conditioned on Donald Gallagher and the City of Renton approving relocation of the outfall by executing a Release and Hold Harmless Agreement releasing King County from any liability which might result from relocating the �j outfall or downstream drainage as specified in this paragraph . The Hold Harmless Agreements must be delivered to King County within 30 days of execution of this Agreement, or King County will not be required to relocate the outfall as specified in this j paragraph. King County agrees to provide Renton and Gallagher at the time of execution of this Agreement with all data and analysis it has regarding the potential impacts associated with relocating the outfall in order to allow Renton to make its good ,� 7 --------- —.�_ _— faith dat-ejom.ination . _ 3 y Ne,,, ? wH,� t-✓�2� �� ? 4 . To complete a" ll obligation of King County under the Springbrook Watershed Capital Improvement Projects Interlocal Agreement with the City of Renton which relate to the Springbrook Drainage Improvement Project described in the deposition of Larry Gibbons taken on March 20, 1990 . 5 . To sign all documents necessary to effectuate this Agreement . 910-783.agr _ 2 DRAFT C. The City of Renton agrees : 1 . To pay Donald Gallagher upon execution of this Agreement $33 , 000 . 00 in settlement of his claims against the City of Renton. J 2 . To dismiss all claims against the other parties to this h Agreement in King County Superior Court Cause No . 88-2-16153-4 . Q 3 . To provide to King County within 30 days of execution of this Agreement the hold harmless agreement referenced in 0 Paragraph B. 3 . to allow the relocation of the bypass pipe outfall 3 V unless the City of Renton makes a good faith determination thatp there is a reasonable probability of significant harm to Renton' s ? e relocation of the outfall . This good property as a result of th Q faith determination shall be based upon the data and analysis n1 ti submitted by King County under Paragraph B. 3 . of this Agreement v and any other existing data and analysis deemed relevant by the Q+ City of Renton to its determination . 4 . If the bypass pipe outfall is relocated pursuant to Paragraph B. 3 . above, to maintain the depth in the reservoir by removing accumulated siltation at least once a year . . 5 . To complete all of the obligations of the City of Renton under the Springbrook Watershed Capital Improvement Projects Interlocal Agreement with King County which relate to the Springbrook Drainage Improvement Project described in the deposition of Larry Gibbons taken on March 20 , 1990 . 6'. To sign documents necessary to effectuate this agreement . 3 - 910-783.agr CITY OF RENTON 1;7R Office of the City Attorney Earl Clymer, Mayor Lawrence J. Warren M E M O '" t �Ec RECEIVe[1 i� � ► , �. KS DE . Lynn Guttmann Ty OF � i a0N Public Works Director ,, ;; "�J J FROM: David M. Dean OF 34 RENTON Assistant city Attorneyering Dept. �ne DATE: November 20, 1990 RE: Don Gallagher, Springbrook Trout Farms v. City of Renton I am forwarding to you a copy of a letter from the attorney for Mr. Gallagher with a revised Settlement Agreement attached. The principal area of continuing dispute has to do with Section C, Paragraph 3 of the Settlement Agreement. The language proposed by Mr. Bricklin is different from the language proposed by King County. As you will recall, we are somewhat uncomfortable giving King County a hold harmless in any event but are considering that option as long as we can retain control over whether or not the pipeline is actually moved. My principal concern is an anticipated challenge by Mr. Gallagher after we have executed the settlement documents to our "good faith determination" that the bypass pipe outfall should not be relocated. The language proposed by Mr. Bricklin requires "sound engineering analysis" to support our decision. I would like your staff's input on this language and how comfortable they would be with making such a determination. Post Office Box 626 - 100 S 2nd Street - Renton, Washington 98057 - (206) 255-8678 i BRICKLI N & G EN DLER ATTORNEYS-AT-LAW SUITE 1015 FOURTH AND PIKE BUILDING 1424 FOURTH AVENUEin9 r SEATTLE,WA 98101 b;'r, /' O DAVID A. BRICKLIN ti``;_, MICHAEL W.GENDLER (206)621.8868 November 16, 1990 Chuck Maduell Garth A. Schlemlein Office of the Prosecuting Attorney Betts, Patterson & Mines Civil Division 800 Financial Center E550 1215 Fourth Avenue King County Courthouse Seattle, WA 98161-1090 516 Third Avenue Seattle, WA 98104-2312 David M. Dean Warren, Kellogg, Barber, Bean & Foster P.O. Box 626 100 South Second Street Renton, WA 98057 Re: Gallagher v. King County, et al . Dear Counsel: Enclosed please find a revised draft of the Settlement Agree- ment. This draft of the Settlement Agreement differs from the draft I previously circulated in the following respects: 1. Paragraph B. 3 . has been changed per Chuck Maduell ' s request to give the County 90 days (instead of 60 days) to relocate the bypass pipeline and to add as a precondition to triggering the clock receipt of applicable pEl.LiLLlts 2 . In Paragraph C. 3 . , the July 1, 1990 date has been replaced with the phrase "within 30 days of execution of this document. " 3 . Paragraph D. 3 . has been added. I am also enclosing a copy of a document entitled Release and Discharge of Claims. This is in the same form as the prior Release which I circulated over a month ago. I am aware of the continuing disagreement concerning the manner by which the City will make its good faith determination as to whether relocating the bypass pipeline will cause any damage. I am also aware that Garth' s client has expressed some concern over the form of the release. Nonetheless, it appears the time Chuck Maduell, et al. November 16, 1990 Page 2 has come to fish or cut bait on this Settlement Agreement. Consequently, please be advised that I intend to re-note this matter for trial on December 3 , 1990 unless we have a signed Settlement Agreement by that date. Though the prospect of a new trial setting is daunting enough in terms of litigation costs alone, please also be aware that Mr. Gallagher' s damages have continued to accumulate in the months since our initial settlement agreement. Mr. Gallagher has suffered another $6, 000 to $7, 000 in lost income resulting from the original damaging events. Despite the additional lost income he has suffered and the damage from last week's heavy rains, Mr. Gallagher is still, for the moment, willing to sign a release which eliminates his claims for these additional damages. Mr. Gallagher is willing to do this even without insisting upon additional compensation in settlement of these claims. I can assure you, however, that if it becomes necessary for us to return to the courtroom, we will insist upon full compensation for all damages suffered. Very truly yours, BRICKLIN & GENDLER --&,Y, (k� �,,, David A. Bricklin DAB:psc Enclosures cc Don Gallagher (with enclosures) SETTLEMENT AGREEMENT This Settlement Agreement is entered into by and between Donald Gallagher, King County, the City of Renton, and Schneider Homes, Inc. The parties hereto make the following mutual agreements. A. Schneider Homes, Inc. agrees: 1. To pay Donald Gallagher upon execution of this Agreement $61, 000. 00 in settlement of his claims against Schneider Homes, Inc. 2 . To dismiss its claims against the other parties to this Agreement in King County Superior Court Cause No. 88-2- 16153-4 . 3 . To sign all papers necessary to effectuate this Agreement. B. King County agrees: 1. To pay Donald Gallagher upon execution of this Agreement $56, 000 . 00 in settlement of his claims against King County. 2 . To dismiss all of its claims against the other parties to this Agreement in King County Superior Court Cause No. 88-2- 16153-4 . 3 . To relocate within 90 days of receipt of the Hold Harmless Agreements referenced in this paragraph, or as soon thereafter as weather permits and any applicable permits can be obtained (e.g. , Department of Fisheries and Army Corps of 1 5. To sign all documents necessary to effectuate this Agreement. C. The City of Renton agrees: 1. To pay Donald Gallagher no later than June 8, 1990 $33 , 000 . 00 in settlement of his claims against the City of Renton. 2 . To dismiss all claims against the other parties to this Agreement in King County Superior Court Cause No. 88-2- 16153-4 . 3 . To provide to King County within 30 days of execution of this document the hold harmless agreement referenced in Paragraph B. 3 . to allow the relocation of the bypass pipe outfall unless the City of Renton makes a good faith determina- tion based upon sound engineering analysis that there is a reasonable probability of significant harm to Renton's property as a result of the relocation of the outfall. 4 . If the bypass pipe outfall is relocated pursuant to Paragraph B. 3 above, to maintain the depth in the reservoir by removing accumulated siltation at least once a year. 5. To complete all of the obligations of the City of Renton under the Springbrook Watershed Capital Improvement Projects Interlocal Agreement with King County which relate to the Springbrook Drainage Improvement Project described in the deposition of Larry Gibbons taken on March 20, 1990. 6 . To sign documents necessary to effectuate this agreement. 3 D. Donald Gallagher agrees: 1. To dismiss all claims asserted against the other parties to this agreement in King County Cause No. 88-2-16153- 4 including the Release attached hereto as Exhibit A. 2 . To provide to King County within 30 days of execution of this Agreement, the Release and Hold Harmless Agreement relating to the bypass outfall as per the condition precedent specified in Paragraph B. 3 . above. 3 . To stipulate within 30 days of execution of this Agreement to an order of immediate use and possession of his property for purposes of the Springbrdok Drainage Improvement Project referenced in Paragraphs B.4. and C. 5. of this Agree- ment. All parties agree: 1. That if any obligation in Paragraphs B. 3 , B. 4 , C.4, or C. 5 of this agreement does not mature because the condition precedent does not occur, all other obligations under this agreement remain binding and valid. 2 . In any action to enforce the terms of this agreement, the prevailing party shall be awarded reasonable attorney' s fees, expenses, and costs. DATED this day of , 1990 . DONALD GALLAGHER Date: 4 ACING COUNTY By: Its: Date: CITY OF RENTON By. Its: Date: SCHNEIDER HOMES, INC. By: Its: Date: settlea. 132 5 % -, CITY OF RENTON Office of the City Attorney Earl Clymer, Mayor Lawrence J. Warren November 9 1990 a (� TO: Lynn Guttmann, Administrator Planning/Building/Public Works Department 1 w 13 FROM: David M. Dean, Assistant City Attorney CITY CF polTON RE: Springbrook Trout Farms v. City of Renton, et ux et al. EnginEcring Dear Lynn: I am enclosing a proposed Draft Settlement Agreement which our office has been in the process of negotiating with the plaintiff and the other defendants in the above-referenced litigation. I have held certain preliminary discussions with Randall Parsons concerning the proposed language in this agreement. Before agreeing to the language contained in this draft, or suggesting further modifications, I would appreciate your review of this agreement, and in particular the City of Renton's obligations as contained in paragraph C on page 3. An earlier meeting was held between our office, Dick Anderson, Randall Parsons, and John Webley to review the city's position in this matter. We are concerned about the city agreeing to give King County a Hold Harmless Agreement for relocation of the outfall pipeline. The county had agreed, by a prior court order, to relocate this outfall pipeline which they are now adamant that they will not do without a Hold Harmless Agreement from the city. The language suggested by King County is intended to essentially give us veto power over relocating the pipeline if we make a good faith determination that there will be significant harm to our property as a result of the relocation. The other language in this paragraph attempts to define how the good faith determination will be reached, as well as allowing us to ascertain what would be relevant in reaching that determination. Based upon our prior experience with Mr. Gallagher, we anticipate further challenges to our "good faith determination" if we determine that the relocation will cause harm to the City of Renton's property. Based upon our preliminary review and the opinion of King County's engineers, it is quite likely that we will refuse to allow relocation of the pipeline. Alternatively, we could simply stand on our refusal to provide a Hold Harmless Agreement, but it has become increasingly apparent that it is unlikely this lawsuit will settle if we adopt that position. I would appreciate your staff's input on the proposed language, and whether or not there are additional concerns of which I am unaware. David M. Dean DMD:as. Encs. cc: Clymer Mayor CI Y Y Jay Covington ` Dick Anderson,✓ �= Randall Parsons A8.62:56. Post Office Box 626 - 100 S 2nd Street -Renton, Washington 98057 - (206) 255-8678 DRAFT SETTLEMENT AGREEMENT This Settlement Agreement is entered into by and between Donald Gallagher, King County, the City of Renton, and Schneider Homes , Inc . The parties hereto make the following mutual agreements . A. Schneider Homes , Inc . agrees : 1 . To pay Donald Gallagher upon execution of this agreement $61 , 000 . 00 in settlement of his claims against Schneider Homes , Inc . 2 . To dismiss its claims against the other parties to this Agreement in King County Superior Court Cause No . 88-2-16153-4 . 3 . To sign all papers necessary to effectuate this Agreement . B. King County agrees : 1 . To pay Donald Gallagher upon execution of this Agreement $56 , 000 . 00 in settlement of his claims against King County. 2 . To dismiss all of its claims against the other parties to this Agreement in King County Superior Court Cause No. 88-2- 16153-4 . 3 . To relocate within 90 days of receipt of the Hold Harmless Agreements referenced in this paragraph, or as soon thereafter as weather permits and any applicable permits can be obtained (e .g . Department of Fisheries and Army Corps of Engineer C1T-/ eF RC A-ror'1, 55'fl4 permits , the outfall of the "bypass pipeline" to a point at or - 1 - 910-783.agr DRAFT upstream of the City of Renton' s reservoir. The term "bypass pipeline" means the stormwater pipelin that runs beneath 200th r�� d o w� s�•�,,., Street S . E. and,Xdischarges waterjin the City of Renton reservoi The term "reservoir" means the reservoir located in the City of Renton watershed adjacent to the City of Renton ' s infiltration galleries . King County' s agreement to relocate the outfall as required by this paragraph is conditioned on Donald Gallagher and the City of Renton approving relocation of the outfall by executing a Release and Hold Harmless Agreement releasing King County from any liability which might result from relocating the �outfall or downstream drainage as specified in this paragraph . The Hold Harmless Agreements must be delivered to King County within 30 days of execution of this Agreement, or King County will not be required to relocate the outfall as specified in this paragraph. King County agrees to provide Renton and Gallagher at the time of execution of this Agreement with all data and analysis it has regarding the potential impacts associated with relocating the outfall in order to allow Renton to make its good •; 7 faith d.e.trmi_nation . 37 �wH.�� 4 . To complete all obligations` of King County under the Springbrook Watershed Capital Improvement Projects Interlocal Agreement with the City of Renton which relate to the Springbrook Drainage Improvement Project described in the deposition of Larry Gibbons taken on March 20, 1990 . 5 . To sign all documents necessary to effectuate this Agreement . 2 - 910-783.agr DRAFT C . The City of Renton agrees : 1 . To pay Donald Gallagher upon execution of this Agreement $33 , 000 . 00 in settlement of his claims against the City 0 of Renton. 4 2 . To dismiss all claims against the other parties to this h Agreement in King County Superior Court Cause No . 88-2-16153-4 . A 3 . To provide to King County within 30 days of execution R , of this Agreement the hold harmless agreement referenced in Q Paragraph B. 3 . to allow the relocation of the bypass pipe outfall 3 v unless the City of Renton makes a good faith determination that there is a reasonable probability of significant harm to Renton ' s property as a result of the relocation of the outfall . This good54 Q faith determination shall be based upon the data and analysis (� submitted by King County under Paragraph B. 3 . of this Agreement C/ and any other existing data and analysis deemed relevant by the r City of Renton to its determination . 4 . If the bypass pipe outfall is relocated pursuant to Paragraph B. 3 . above, to maintain the depth in the reservoir by removing accumulated siltation at least once a year . 5 . To complete all of the obligations of the City of Renton under the Springbrook Watershed Capital Improvement Projects Interlocal Agreement with King County which relate to the Springbrook Drainage Improvement Project described in the deposition of Larry Gibbons taken on March 20 , 1990 . 6 . To sign documents necessary to effectuate this agreement . 3 - 910-783.agr A FT D. Donald Gallagher agrees : 1 . To dismiss all claims asserted against the other parties to this agreement in King County Cause No . 88-2-16153-4 including the Release attached hereto as Exhibit A. 2 . To provide to King County, within 30 days of execution of this agreement, the Release and Hold Harmless Agreement relating to the bypass outfall as per the condition precedent specified in Paragraph B . 3 . above . 3 . To stipulate within 30 days of execution of this Agreement to an order of immediate use and possession of his property for purposes of the Springbrook Drainage Improvement Project referenced in Paragraphs B. 4 . and C . 5 . of this Agreement . All parties agree: 1 . That if any obligation in Paragraphs B . 3 . , B. 4 . , C . 4 . , or C . 5 . of this Agreement do not mature because the condition precedent does not occur, all other obligations under this Agreement remain binding and valid . 2 . In any action to enforce the terms of this Agreement, the prevailing party shall be awarded reasonable attorney' s fees , expenses , and costs . 4 - 910-783.agr DRAFT DATED this day of , 1990 . DONALD GALLAGHER Date : KING COUNTY By: Its Date : CITY OF RENTON By: Its Date : SCHNEIDER HOMES, INC . By: Its Date : 5 - 910-783.agr DRAFT RELEASE AND DISCHARGE OF CLAIMS 1 . The undersigned, Donald Gallagher, for himself and his heirs , legal representatives , owners , agents , officers , or assigns , in consideration of the sum of One Hundred Fifty Thousand Dollars ( $150 , 000 . 00 ) and other valuable consideration , receipt of which is hereby acknowledged, does hereby release , discharge, and forever acquit Schneider Homes , Inc . , King County, and the City of Renton and their owners , agents , officees , or assigns , from any and all claims , actions , liability, and demand for any loss or damage, known or unknown , on account of , or in any way related to or arising out of the undersigned ' s Complaint in King County Superior Court Cause No . 88-2-16153-4 , ana each and every cause of action contained therein or arising out of the incidents alleged therein, including any damages which may ahve been sustained by the undersigned as a result of design and construction of the stormwater detention system of the Parkridge East development , including, but not limited to, the detention pond and overflow pipeline which conveys stormwaters from a detention pond adjacent to S . E . 200th Street to the north fork of Springbrook Creek or the continued discharge of stormwaters from a bypass pipeline lying under 200th Street S . E . into the south fork of Springbrook Creek at a point downstream from the City of Renton ' s reservoir adjacent to Renton' s infiltration galleries . 2 . Schneider Homes hereby releases King County and City of Renton from all claims and causes of action, known or unknown, - 1 - 910-783.: DRAFT which Schneider Homes has asserted or could assert against them or against any of them, arising out of the litigation filed by Donald G. Gallagher in King County Superior Court under cause number 88-2-16153-4 including, but not limited to, the design and construction of the Parkridge East development . 3 . King County hereby releases Schneider Homes and City of Renton from all claims and causes ofa ction, known or unknown, which King County has asserted or could assert against them or against any of them, arising out of the litigation filed by Donald G . Gallagher in King County Superior Court under cause number 88-2-16153-4 including, but not limited to, the design and construction of the Parkridge East development . �-� �S 1 a W�S� 4 . City of Renton hereby releases King County and Gl1o�-. Schneider Homes from all claims ahnd causes of action, known or unknown, which City of Renton has asserted or could assert against them or against any of them, arising out of the litigation filed by Donald G. Gallagher in King County Superior Court under cause number 88-2-16153-4 including, but not limited to, the design and construction of the Parkridge East development . It is acknowledged that in making this settlement the undersigned parties fully understand the following : A. No promise or agreement not herein expressed has been made to the undersigned, other than those agreements set forth in the document entitled "Settlement Agreement" entered into this 2 - 910-783.r DRAFT date by and between Schneider Homes , Inc . , King County, the City of Renton, and the undersigned . B . In executing this release , the undersigned are not relyong on any statement or representation made to them by the parties released hereby or by anyone who has acted for or on their behalf , but is relying solely upon their own judgment and that of their attorneys . C . Donald Gallagher commenced suit for damages in King County Superior Court under Cause No . 88-2-16153-4 and in further consideration of said payment, Donald Gallagher does hereby agree to dismiss said lawsuit with prejudice and without costs . D . This is a final resolution of the dispute, both as to legal liability for the matters claimed in the aforesaid lawsuit and the nature and extent of the damage which the undersigned have sustained, as well as all questions of liability and damage otherwise related to the incident herein described, and it is further understood that liability is denied and this full and final settlement shall never be treated as an admission of liability at any time or in any manner whatsoever . E . The undersigned hereby declare that the terms ,ofthis release have been completely read, are fully understood, and are voluntarily accepted for the purposes ofmaking a full and final compromise, adjustment, and settlement of any and all claims , disputed or otherwise . 3 - 910-783.r DRAFT DATED this day of 1990 . DONALD GALLAGHER KING COUNTY By: Its : CITY OF RENTON By: Its : SCHNEIDER HOMES, INC . By: Its : 4 - 910-783.r f �► CITY OF RENTON MEMORANDUM DATE: November 26, 1990 TO: David Dean, Assistant City Attorney W-a 190- FROM: Dick Anderson, Utility Systems Manager SUBJECT: Springbrook Trout Farms v. City of Renton, et ux et al. I have reviewed the draft Settlement Agreement for the above-referenced litigation as requested by your November 9th memo. My comments are as follows: 1. There are four parties to the settlement with each dismissing all claims against the other. Who has what claim against Renton and what is Renton's claim against other parties? 2. The Release and Hold Harmless is too broad and must be narrowed to specific conditions and criteria. Renton cannot hold harmless King County for actions, etc. that are the sole negligence of King County or its agents and contractors. When by-pass is constructed by King County, the City should be protected against liability arising during construction. If King County takes future action that changes the by-pass flows (either through issuing permits for development/construction, or diversion of flows, etc), then City should not be obligated to hold harmless. The hold harmless agreement should be attached as an exhibit to the settlement. 3. What is the Good Faith Determination referred to on Page 2? If we agree to this, Mr. Gallagher should agree to accept our "Good Faith Determination" without challenge. This should be listed in Section D. 4. Item #4 on Page 2: The Interlocal Agreement terms have not yet been satisfied. The Interlocal Agreement requires extension as it currently expires December 31, 1990. The settlement agreement may be meaningless and unenforceable if the Interlocal Agreement is not amended. 5. Page 3: Hold Harmless concern same as above. David Dean November 26, 1990 Page Two 6. Page 3: Good Faith Effort: What if King County data and analysis is in error? This requires our determination based on erroneous data and analysis and then we must further aggravate the City's position by holding King County harmless. This makes absolutely no sense and is definitely contrary to public policy. Why not allow us to review King County's information now and make our "Good Faith Determination"? 7. Item #4, Page 3: Is it to be understood that if the City allows relocation of the by-pass pipe, the City incurs the added duty of annually dredging the reservoir, whereas by not approving the relocation of the by-pass pipe we are not contractually obligated to annual dredging? 8. Item #5, Page 3: Same comment as previously made on Interlocal Agreement. 9. Page 4 Re: Donald Gallagher: Do we need a drainage easement for the Springbrook storm drain to be constructed pursuant to the Interlocal Agreement with King County? Why not secure an easement now as a value ($2,725) has already been determined by Don Olsen, instead of just "use and possession"? 10. Item #1 under All Parties: This provision seems inconsistent since fulfillment of all terms and conditions of a settlement agreement are required in order to settle and end the litigation. If one of the terms cannot be fulfilled and the litigation is not ended, then none of the terms should be binding and valid. 11. Release and Discharge of Claims (Item 4, Page 2): Shouldn't the release be specific to the claim under King County #88-2-16153-4? Today we received your November 20th memo with proposed modifications to the Settlement Agreement offered by David Bricklin, Attorney for Gallagher. The above comments are still applicable. SPRNGBRK/RJA:lf i o � � . v e c di z t�! i 7_ �� i '• :r ,� �i,��� „r- f F. �,, , j.;c. .try � •�1,,, d ' �""fit-eyy� �'��1�� � \ .3�.. F ; i�+�'� f�' �a°.' �'X .per,i C - � VL lit yy { >n 3 il tf �� t+.. t �• • � a �y k r Ay— WAS 14 �i• I` a Y : i� ... ' 3' •1 fi � to x I FYI co "pq' ,i, • �d r'� i,..rq y z� �¢ a,�3 !�x t �' ..,y r►it x '°N�¢'�(i �ja;M�`t"Yi�' �i °p t � fl `� ��. ., ,'*�,�♦�k ��# � �4 57} (A.' v ; f'H '..sfC' ••�i: �,"ik _ .A�, w, 'I�7'`?"y�s� g;r }•f, t" , vY�'R.-- .� r�` '�' k 1°f!}� 4�r'' f a M T A4 r �" �`." Y��' ttq - r - =. ¢ . ''i l•�`j �'„�Ty"� Sk ,?yg; i:. al � It �, � ���� �`� �t � ��' }¢,`�,$ ^'�• � .. ._ .,fit� � ` �_1� l� < �s� � , i Sii� `{' is }•a �ii°a 4 �' "'Yt n i a4Ya. ��en's �t^r � r � 7 ��� d �`Px¢V } � �" �_. � t "'R. t �•a#� � i' r" <� s..:<Y'�b � '1rY�#� - 5. °1 6..� �.?� •v zr,.. ''+� �� t, a�t,��' � .t A'1.1Q] .I � yll' S a.se x z�r��' �+a � 4 ° JJ■,pq � �v`� �.''s§ �' t�{ i �{'� �`, MEMO + 45,6 } !•►sea .. .c= +�SY +t �`: 'a►,#i4Y��a$$alA�i�fr�$f�y+ M�`3 'i:. ':,'^f' �j, t!''.k3„1�`wt./r:�,i fib P 'z• i'i•�'r' `� '7 f' ���1�i �$$�;$ oQ r. •"� -F�4°.i..� - � rr,r ,.tfF; r� '�•� �} Y•••x• „� � � "< O}+al', i �1_�.14$1h ta$3i{��tty� : �..:v °t �.� ' i oe i.�. ,♦ r �k� in... Y y). Wp' 3'. !:!�s•�� x�, ,x �. � $i� pia �$$$r,ni iYr�t sssxrmWil Ilk r,.' �� qx i r$. �'i}'A$ 4 t J$ _K st� •� t� �•d�sav� ',a L-�t P�i$": �•.. r16f .. i$f e..►Y. • •!�p'x' �i � x '>t t�. • e i•.'s4''�'�+'ij. _ � � � 1�1 . . ►R$i�9D►4."�'�►@Cai►f$t�,l'; �j ��..i ,S -x4 yy .. �� ,.<'� iyi. �.�♦ ��� • ° t. +�^< i;.: �,'►dry„ 4$!ro 0$4�6'? y �v � j�., 'hi r� Ai�a�i.�'iiSt'�� C i„ f t� jj � ►$d4 �t�a��A$$O►¢► t �' !•t •' . �+°' �t. �e`s�i�':a"�.;:,`:i.i�+' .���•k q�_ 1 t S,f�re .r'�F�r$$aA$r$4$a$$ _ ,� 1r•r� ,,. `� �$1!$��$$$$$��1'a$$$$��%w,►;fir FA) � ,� ��l.'r - � r},,,,, <�'�v � d, �� ai' � �:,`�� 4 t pE�w.$►�4��16a�$��+�O�.fP$�a�$�a�$'a�• "�. •.a }.. p ia► *iaf'ya'� tp��aiaiai+.eai9c:1$���$1$a'i, i t3°' 7 ► bati'ya�rs�$�$$$.O$i�•R! a } � - ii 7:�3 .. ... �✓a•.��.�•.'v�:��ti��itL4. {rt�°�,j�.y���� .;}B:iri#.�i.?�3��iA3trh's4:f.7i�%� -��`� r+i '�' • :�'. KINf Ys'j #:i r 4 7711 :� ��{, .��i�j � It`f '.} �„ ���� � ���� �f� �y �J•►� � f w �� �p'�q � 3 .,t��` r i- }/.� S �� �.�.� ,� f�• xv"'�� <F'"v�Y?i r � v ��, Ff�'�. ` �1� ����'x' p���' '�"Y�r '���� �' ,�.. w4. > I,•t�;._.f� \� �9� �` �� � ��fiF ,�� > i �,'� pit'• /�: �,)• e �'�..,�:�"�� : ts,�.q '���' �' �',• .; � f�' .� �� ..�� s�� t •s- �._a ,V .�,� «a"'�l�f,.a� s � ..ietj, r�i•'�'''�� '° �"':�° � � �tr �' A s'" sr� �i'i '1 'a 'tf loll, .k t1omit Y' r A'g w j: ,.-e aiy3 . Not,", ", oil �{. ),.� �-F;�"�It�E f �7,.;� 5,ys�. �`,�.,,,•du.�� �a..'_k�-g"� �?n,� t�.'r ��.. r��. � �i{ � y �..r ��'•`�`��� [a A. li 4., 1�; 3 ,^� T �,.Xi Y� ►� b F LM R,) � '�.A ►> : � > SAT ��`t^�4 � 'Mr, �� �t¢�; c ��^ yk� F miet:k�' ► � c r �A"/� �',Y>� �� k , V7, JIV . . r r ""'°F► � d y y r� .�N r = Yyy. �ry RRRR :; l . pp Ir # ( r 1- �� � r� t ,� ?t�•�,;� ,F'"^�'i.. � ,��'�p�,.a:.l+r,...,,,4,�,,. L .� {}y r Y� ar.4�. .. � ., �'.�}: 1► r sw- �:%.` f<<,i.. 'f, p,.;>! Y� y }� ETA �.? e,�to,, ., ITO ;emu �! � ,r y{"`-? a �,�' 1 F , i'•+' i .. ._ !'�Zi/•_ri't�. :,}¢�SAC+8`.� '�'�� �.r t .. ./.�u4 ) Y^ .tila� ,.,'��"���. .,�^ �. ° g e. rs� 9i 4 • 3 ` f 4t1�r j Yv 14 t a k G sf� �4G � 'Mai ► ��;z. � r r E* # �+1 tt + f� 4 , �} y�p ,r ! �1� "� e{f �f�• ; 8,. k .,, r `:,.y1 .. 1 '$` `" ' ' f ,iAi �a ',': ellAll WIN, k er',y."� � r t •`,� ",ir 1 ,,.� is � yr, 11,`XIS L k we All v v -s y , `»"''".'_ �i 11)�Y�•�.." ��' '� ' }ail. l ;�5pp :P =3" 35ti ¢ Se,' Sir 4. • 3 r � i >g ary. 4.i E 7 F r x � x lfr +. ` �< ti :a _ .:��•fix _. . .. . ACCOUNT PURCHASE ORDER t1EPTWO, FUNCT11 =4 City of Renton r 200 MILL AVE.S. RENTON;WA.9W55 - (206)235-2616 INSTRUCTIONS P.O.DATE: :-: r c , 1. Send,invoices in TRIPLICATE to Purchasing Division, City of Renton. �S 2. All prices are F.O.B.destination unless otherwise stated.: 3. Indicate the Purchase Order Number on Invoice and all labels. SHIP TO '" 4. Label all shipments as specified'on the Purchase Order,and enclose } Packing Slip with each shipment. Y i '��r. y1 c1•- 't ..;Tv ` �1°4 •art , << � � �� ��_ n ?5x _a Lti rr y� . )UANTITY DESCRIPTiO w = UNIT PRICE ESTIMATE AMOUNT '_ fi Rr Yo� C}{ufJ'. t?-�Ii �K/ ? �' '. L +r � �"r�. ER116f i AA vY _ _ ,ENT tit UNDERSIGNED DO HEREBY CERTIFY L , — L , "►�' TY OF PERJURY,THAT THE MATERIALS HAVE l { '3 H —"; T K= ?4' FURNISHED, THE SERVICES RENDERED OR THE f N T a l( PERFORMED AS DESCRIBED HEREIN,AND THAT THE IS A JUST,DUE AND UNPAID OBLIGATION AGAINS F7- CITY OF RENTON, AND THAT I AM AUTHORIZE( AUTHENTICATE AND CERTIFY TO SAID CLAIM. r SIGNED: _ asm r AUTHORIZED BY/�' A�/ 1 f�- .L .,�—/ —TOTAL;;.- , y� _� �,, , �I !1 L1Cp VD RCHASING SUPE ISO U�iIIC(7 INVOICE GARY MERLI NO CONSTRUCTION CO. 2558 -General Contracting- (206) 762-9125 9125 - 10th Avenue South Seattle, WA 98108 �!! f f ofa l"A I j� DATE March 15, 1986 S 0 CITY OF RENTON MAR 1 8 19�n D 200 Mill Ave. _ o Renton, Wa. 98055 - JOB SITE Springbrook Road Repair DATE DESCRIPTION PRICE AMOUNT As per Work Sheets: Labor 9,352.27 20% 0 & P 1,870.45 11,222.72 Material 22,894.15 15% 0 & P 3,434.12 26,328. 27 Equipment 19,593.51 19,593.51 Sub-Work 4,142.13 4,556.34 10% 0 & P 414.21 TOTAL AMOUNT DUE. $61,700.84 C TY OF PI:NTON N }, U41 , FW CHASlN(, DEFT. 2 __ .. - - 2 3 ftE� _. \c 3 s 8 _ 9 to to 77Z12 �y� . 11 13 T / I 7 13 14 - i�2 14 16 15 is 19 I - - - 19 20 21 I 21— — — --- 22 22 23 23 24 25 -- - - 26 -- - — 21 26 _. .8 -- - - - 30 30 31 31 31 -- _ 33 -- -- 100,0�� - - _ - - 35 36 36 37_.-... 38 38 39 - - _. 40 39 - - _— 40 ------ - ®WILSON!ONES COMPANY G7204 GREEN 7204 DUff ---_------ --- MADE IN U.S A. --- � .71 4 4 el 7 - sdlM ENO - - 5 se.%�.zGli�� � 110 I s 9 ,9 10 11 _ So,�o 7�[�C�C. 12 11 12 3 13 - - - — -- 14 14 15 15 � is17 ,s - - - -5 -- _ 16 -- - -- --- --- 20 21 21 22 22 23 -- -- - �(.L/e �it��� 23 - _ 24 15 —.(EGG /77� 26 26 21 30 29 - -- - - - 30 31 31 -- - 32 2 33 33 34 34 - 35 35 36 36 31 1 — - — - - 38 38 39 39 - - a0 40 ®WIL90N JONE9 COMPANY G7204 GREEN 7204 BUFF MADE IN U 9 A. RAN oil ATTENTION: BOB BERGSTROM MAR ANITA � G M 1' WilsonJones Cal �03�0���/S.SNZ •30.�/ . QG, (��� 70� GRAYl1NE FORM"-901 3-PART Q 1"3,PRINTED IN U.S.A.