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MUTUAL SETTLEMENT AND RELEASE This Mutual Settlement and Release is entered into this /7 l'tay of April, 2000 by and between Jim Gress, individually, and as duly authorized legal representative of G&H Enterprises, L.L.C.; BFH&H, Ine.; and G&G Development, L.L.C.; and Larry D. Gem1er, individually, and as duly authorized legal representative of G&G Development, L.L.C., (collectively and individually referred to herein as GRESS and GERMER), and North Polk Extension Water and Sewer District (hereinafter referred to as "DISTRICT'). I. WHEREAS, GRESS and GERMER have made claims that Quail Run Subdivision lots and others owned by GRESS and GERMER should not have paid in the past or be paying in the future to the DISTRICT a three hundred fifty dollar ($350) "hookup fee" because said fee constitutes a "duplicate taxation of said annexed area for the same or similar services by such district and the annexing city;" and WHEREAS, GRESS and GERMER have claimed that GRESS and GERMER are entitled to and have demanded a complete refund of at least eleven thousand nine hundred ($11 ,900) dollars paid to the DISTRICT for various fees, as well as interest; and WHEREAS, GRESS and GERMER have maintained that any and all fees and assessments collected by DISTRICT for GRESS and GERMER'S properties arc not appropriate, should not have been collected, and are due and owing with interest to GRESS and GERJv!ER; and WHEREAS, GRESS and GER1\1ER are willing to compromise and settle GRESS and GERMER'S claims and potential lawsuits related to the collection of fees and assessments by DISTRICT; and WHEREAS, DISTRICT has agreed, pursuant to an agreement entered into the 16th day of April, 1984, by and between City of Moscow, Idaho and DISTRICT "to tum over to the City, upon annexation of the DISTRICT, the entire sewerage system, together with any Mutual Settlement And Release Page 1 of 5 ---PAGE BREAK--- improvements, all operating property, right-of-way and easements . " without capital cost to the City; and WHEREAS, by Ordinance 1999-40, City of Moscow, Idaho annexed all properties formerly within DISTRICT; and WHEREAS, following December 27, 1999, City has ceased to collect monies pursuant to the aforementioned agreement between the City of Moscow, Idaho and DISTRICT; and WHEREAS, DISTRICT intends to and shall abide by the aforementioned agreement between City of Moscow, Idaho and DISTRICT; and WHEREAS, DISTRICT has ceased to assess and/or to collect fees from GRESS and GERMER and from other property owners outside of the physical boundaries which formerly made up DISTRICT; and WHEREAS, both GRESS and GERMER and DISTRICT desire that DISTRICT not assess or collect fees or other monies from GRESS and GERMER; IL NOW, WHEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS RECITED HEREIN, A. GRESS and GERMER agree as follows: 1. GRESS and GERMER do hereby release, acquit and forever discharge DISTRICT, its agents, servants, employees, officers, directors, representatives, attorneys, heirs, partners, and successors in interest, whether named herein or not, all and each of them, of and from any and all actions, causes of actions, claims and demands, damages, costs, loss of services, expenses and compensation on account of or in any way growing out of any and all known and unknown actions or failures to act, negligence and/or omissions relating to assessment, charging and/or collection of any assessments, fees, taxation, charges, costs and similar events by DISTRICT related to land owned, operated, controlled, maintained or leased by GRESS and GERMER, within and/or without the physical boundaries of the area formerly known as the North Polk Extension Water and Sewer District, prior to its annexation pursuant to Moscow City Ordinance 1999-40, and/or pursuant to an agreement between DISTRICT and City of Moscow, Idaho, entered into the 16th day of April, 1984. Mutual Settlement And Release Page 2 of 5 ---PAGE BREAK--- 2. GRESS and GERMER do hereby release, acquit and forever discharge DISTRICT, its agents, servants, employees, officers, directors, representatives, attorneys, heirs, partners, and successors in interest, whether named herein or not, all and each of them, of and from any and all actions, causes of actions, claims and demands, damages, costs, loss of services, expenses and compensation on account of or in any way growing out of any and all known and unknown actions or failures to act, negligence and/or omissions related to claims contained in a letter written by John Walker December 17, 1998, alleging that fees collected by DISTRICT from GRESS and GERMER constitute a duplicate taxation of GRESS and GERMER'S properties within the City of Moscow, Idaho for the same or similar services by DISTRICT, and seeking a complete refund of eleven thousand nine hundred dollars ($11,900) plus interest at twelve percent (12%) for "hookup" fees paid by GRESS and GERMER to DISTRICT, and any amounts greater than eleven thousand nine hundred dollars ($11,900) plus interest accruing on or after December 17, 1998. 3. This Mutual Settlement and Release by GRESS and GERMER specifically includes claims and/or actions related to the assessment of pennit fee(s) by DISTRICT to allow GRESS and GERMER to utilize sewage disposal structures and services and water structures and services of DISTRICT related to the development of property and subdivisions owned by GRESS and GERMER. The property and subdivisions which are owned by GRESS and GERMER and their companies include Quail Run I, Quail Run II, Pleasant Place and Park View Estates located within the City of Moscow, Latah County, State of Idaho. B. DISTRICT agrees to: 1. DISTRICT agrees that it will no longer assess, charge or collect any assessments, fees, taxations, charges, costs or similar items from GRESS and GERMER related to land owned, operated, controlled, maintained or leased by GRESS and GERMER, or any of GRESS and GERMER'S agents, servants, employees, officers, directors, representatives, attorneys, heirs, partners, or successors in interest, within and! or without the physical boundaries of the area formerly known as the North Polk Extension Water and Sewer District. Mutual Settlement And Release Page 3 of 5 ---PAGE BREAK--- 2. DISTRICT agrees that it will no longer assess, charge or collect any assessments, fees, taxations, charges, costs or similar items from GRESS and GERMER related to land owned, operated, controlled, maintained or leased by GRESS and GERMER, or any of GRESS and GERMER'S agents, servants, employees, officers, directors, representatives, attorneys, heirs, partners, or successors in interest, within and/or without the physical boundaries of the area formerly known as the North Polk Extension Water and Sewer District pursuant to an agreement between DISTRICT and the City of Moscow, Idaho entered into the 16th day of April, 1984. 3. DISTRICT shall allow use by GRESS and GERMER of any part of the water and sewerage system formerly owned by DISTRICT, together with any improvements, rights-of-ways and/or easements required in order to continue such use without further assessment fees, charges, taxation or other actions or activities by DISTRICT. III. Each of the undersigned parties acknowledge that it has read this entire Mutual Settlement and Release document and that each party understands it, and that each party has had the benefit of seeking legal and/or other counsel prior to the execution thereof; and that each party agrees to all of the contents and obligations herein and is bound by them. Furthermore, each party acknowledges that this Mutual Settlement and Release is binding upon all of such parties, agents, servants, employees, officers, directors, representatives, attorneys, heirs, partners and successors in interest in perpetuity. WITNESS MY HAND on this /7 day of¥· 2000. North Polk Extension Sewer and Water District Mutual Settlement And Release Page 4 of 5 Jim Gress, Individually and as Duly Authorized Legal Representative ofG&H Enterprises, L.L.C BFH&H, Inc., and G&G Development, L.LC. ---PAGE BREAK--- ATTEST: STATE OF IDAHO ) ) ss COUNTY OF LATAH ) Larry D. Germer, Individually and as Duly Authorized Legal Representative of G&G Development, LLC. cdfo{Jz.& JIM GRESS On thi;t!A__ day of iL d 2000, before me, the undersigned, a Notary in and for said State, personally appeared Jim Gress, me to be the person whose name is subscribed to the foregoing instrument, who, after being by me duly sworn, on oath stated that he has read the above and foregoing Mutual Settlement and Release and acknowledged to me that he executed the same for the purposes and consideration therein expressed individually and as duly and legally authorized representative ofG&H Enterprises, L.LC.: BFH&H, Inc.; and G&G Development, L.L.C. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. STATE OF IDAHO ) ) ss COUNTY OF LATAH ) LARRY D. GERMER On thi/ day of .fJ. " L. 2000, before me, the undersigned, a Notary in and for said State, personally appeared Larry D. G\Vll to me to be the person whose name is subscribed to the foregoing instrument, who, after being by me duly sworn, on oath stated that he has read the above and foregoing Mutual Settlement and Release and acknowledged to me that he executed the same for the purposes and consideration therein expressed individually and as duly and legally authorized representative of G&G Development, LL.C. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written, AgreementS1utuaiSettlementAndRelease;Gress'-.pm Mutual Settlement And Release Page 5 of5