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Home My WebLink AboutAgreement APPLICANT 4/19/2006 , . .. SETTLEMENT AGREEMENT BETWEEN: David S. Corey and/or Corey Development. LLC 3956 Mirror Pond Way Eligene,OR 97408 (Developer) AND: Arlen Kopperud Marceil Kopperud 3238 North 16th Street Springfield, OR 97477 , . 4-IQ-O& Date Recelved.- Planner: (Kopperuds) (Hereinafter collectively refen'ed to as the "parties") RECIT ALS A. Developer has received tentative subdivision approval for LEGACY EST A TES, Tax Lot 500. SW y., Sec. 24, T, 17 S., R. 3 W., W.M., Springfield. Lane County. Oregon (8 September 2005). 8. Kopperuds are landowners and live in close proximity to LEGACY EST A TES and have made complaints to the City of Springfield Urban Planning Commission regarding the development of LEGACY EST A TES, ineluding but not limited to complaints about roadway issues and the well that was dug by Marceil Kopperud's father. C. The parties have agreed to resolve the outstanding issues regarding LEGACY EST A TES and all other disputes or potentia] disputes in accordance with .the temlS of this Settlement Agreement. SETTLEMENT AGREEMENT Now thercfore. in consideration of the foregoing recitals which are incorporated herein as though fully set forth, and in consideration of the mutual promises on the part of each party to be kept and performed. the parties agree as follows: 1. Release. 1.1 Kopperuds hereby irrevocably and forever release and discharge Developer, their successors. assigns. employees. agents, and representatives from any and all claims. demands. suits, actions. liability, damage. cost. fees: and expenses of every kind whatsoever, including attorney fees, known and unknown, now existing or contemplated by Kopperuds against Developer regarding the development of LEGACY ESTATES. the hand-dug well. and the SETTLEMENT AGREEMENT Page I 0 f 4 . , . . placemcnt of roadways, exccpt as set forth herein. Kopperuds hereby agrec that they will not make any further complaints to the City of Springfield or any other administrative agency, court. person, or any other complaints of any nature regarding the development of LEGACY EST A TES. Koppemds agree they will not file any appeal of the tentative subdivision approval for LEGACY EST A TES. and nor, to the extent allowed by law. shall they join in or testify on any appeal filed by others. Kopperuds further agree that they will not take any action to impcdc the development of LEGACY EST A TES and/or the granting of any approvals for LEGACY EST A TES and that they will not cncourage any others to take action to impede the development of LEGACY ESTATES. 2. Consideration for Release. 2.1 In consideration for the releases herein. Developer shall take the following actions after Developer acquires title to Tax Lot 500: 2.].1 Dcveloper shall decommission the hand-dug well located on the eastern edge of Tax Lot 300 (Tax Lot 300 is an approximate 2 foot wide strip of property adjacent to the Kopperuds' home). Developer will hire a well- drilling company to decommission the well. 2.1.2 Developer shall remove the power pole located next to the well and fill in the hole. 2.1.3 Developer will grant the Kopperuds a property line adjustment by adding the westerly 15 feet of Lot 15 of the tentatively approved LEGACY EST A TES subdivision to Tax Lot 17-03-24-31-00300. (See Exhibit A attached hereto showing the approximate location of the property line adjustment). The property line adjustment will be recorded after Developer acquires title to Tax Lot 500 and prior to the final LEGACY ESTATES subdivision approval and recording of subdivision plat. The property. line adjustment will be by warranty decd with Developer warranting that the property is free and e1ear of all encumbrances except those easements, which are of public record and/or benefit said westerly 15 feet. The parties acknowledge that if Developer does not acquire title to Tax Lot 500 then Developer will not be required to make thc property line adjustment. The property line adjustment must be completed before the decommissioning set forth above is started. 2.1.4 In the event Developer does not acquire title to Tax Lot 500, this Agreement shall be null and void and Kopperuds shall have no obligation to Developer for any costs and expcnses incurred by Developer with respect to perforn1ance of this Settlement Agreement. 3. Nondisparal!:ement. The parties agrec that they will make reasonable efforts to avoid disparagemcnt of each other and that they will not makc negative public statements about each othcr. SETTLEMENT AGREEMENT Pagc 2 0 f 4 . . 4. Attornev Fees, In any proceeding to enforce or interpret this Settlement Agreement, the prevailing party shall be entitled to recover from the losing party reasonable attorney fees. costs. and expenses incurred by the prevailing party before and at any trial, arbitration, bankruptcy. or other proceeding, and in any appeal or review, 5. Modification. No modification of this Settlement Agreement shall be valid unless it is in writing and is signed by all of the parties, 6. Inteeration, This Settlement Agreement is the entire Settlement Agreement of the parties, There are no promises, ternlS, conditions, or obligations other than those contained in this Settlement Agreement. This Settlement Agreement shall supersede all prior communications, representations, and Settlement Agreements, oral or written, of the parties, 7. Intewretation. The paragraph headings arc inserted for the convenience of the reader. and unless specifically limited by the tenns of any paragraph to such paragraph. are not intended to limit the application of the tenns of any particular paragraph. 8. Severability. The invalidity of any tenn or provision of this Settlement Agreement shall not affect the validity of any other provision, 9. Waiver. Waiver by any party of strict performance of any provision of this Settlement Agreement shall not be a waiver of or prejudice any party's right to require strict perfornlance of the same provision in the future or of any other provision. 10. Hindine Effect. Subject to restrictions in this Settlement Agreement upon assignment, if any. this Settlement Agreement shall be binding on and inure to the benefit of the heirs. legal 'representatives, successors, and assigns of the parties, 11. Governine Law. This Settlement Agreement shall be interpreted and enforced according to the laws of the State of Oregon. Venue shall be in Lane County, Oregon. 12. Representation. Each of the parties hereto acknowledges that each has been represented by counselor sought such legal or other advice as he or she deemed necessary during the negotiations on the drafting and execution of this agreement and that each party has thoroughly reviewed this agreement. The l1lle of construction that a written agreement is constl1led against the party preparing or drafting such agreement shall specifically not be applicable in the interpretation of this agreement or any documents executed or delivered under this agreement. 13. Chanee of Facts, It is understood by the parties hereto that the facts under which this agreement is made may hereafter prove to be other than or different from facts now known bv any pany or believed by any party herein to be true. Each of the parties hereto expressly accept~ and assumes the risk of the facts proving to be different and each of the parties hereto agrees that all of the terms of this agreement shall be in all respects effective and not subject to telTIlination or rescission by any such difference of facts. SETTLEMENT AGREEMENT Page 3 of 4 . . 14. Counterparts. This Settlement Agreement may be executed in multiple counterparts, each of which shall constitute one Settlement Agreement, even though all parties do not sign the same counterpart. 15. Effective Date. This Settlement Agreement shall be effective the date of the last signature. provided however. that in the event Gail Z. Combs or her husband, or both of them. appeal the sllbdivision approval, then this Settlement Agreement'shall be null and void and the parties shall have no liability to each other whatsoever. SIGNATURES ~ DEVELOPER UI )l1J J / 1/ ----' /...-1Vl /' ..--- /., . '''...v gilvid S. C;:orey e") 'Date: Aph,) (l1 , 2006 /"llj II '1/ 'J " I ~~~......./ /-;~ \'V""b~v G_&/ey Deve~oPiYent, 'LLC By: David S,-<;;orey, Member 'Date: April I "i . 2006 KOPPERUDS ......,. /J t /' .... /' // j,./ (:/ LL?zj(.t:'l"l n t/';rJlJC.:tt:?&~l Arlen Kopperud II f/ Date: April / C! , 2006 ld};a~:;rlY~~~ Marceil KoppeTl!d v (J Date: April /'1 .2006 SETTLEMENT AGREEMENT Page40f4 . . . c;, '<> z c;, ,.., \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ (:) (:) \.D ~ 'C-' l(j "'-1 ~~ ~~ .~ ~c Q~~ Q. .. lO~ fa - . Q. .......~~t::)~~ Q z..;: 8 t\i " ~ ~ ;:; ~~ ~~~~~~ ~""ltJS'.... ~~~~ ,,~ ~~ ~ ~~ ~~ . 8 lO .... . \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ (:) \ (:) C\l \ CI:l ~ \ <:l ::0 'C-' ~~ Q~ "' as~ :i::a: [;'h ~: "'~ -;,<1 o~ I", :!~ ~ ~ '" " b.O '~fE N ~~~ 3 g. \ tn ~ I ~ ~ ON ~.. tlO~ tE:g .s e g~ ... 0:: Q)1O CI>::> "'- CU l;I') ~~ !:l oi~ -,.04 ~ b.O Vi !:l",,, r;zH: ~ '" 0 ..... ~ t:) CI>,.O -",- -Z '" CI>", o ~ H.L91 1{