Laserfiche WebLink
SE'TTLEIy~~NT AGREEMEN'T AN)a ~tELEA5E <br />T$L5 SE7'T~.~1V~N'~' AGREEMENT and REL~ASE ("Agreexnent") is made sud <br />entered i.ztto by and between CHEVRON FRaDU~TS CQII~,ANY, a division of CHEVRUN <br />U.S,A. INC., a Pennsylvania corporation ("Chev~ron"), and CUUNTY' OF MA,~UN, ~ <br />OREGO {"Qwne~') as follows: <br />~,, ~ !pb c:~+-~- .1.~. c~o~rr..~-...~ ~. ~a S~-'' „~ e~''~-`- <br />~CI'~'ALS <br />W~I~EAS; Ow~ner is the current owner of propea~iy located at 595 Court Street, ~alem, <br />Qrego~ previousl~ knawn as Chevran Station No_ 9-1008 (the "Property"}; and <br />R'I~EREAS; Chevron sold tih~ Property to Owner pursuant to a Purchase and Sale <br />Agreement dated Novezziber 16, 1994 as a.mended by Aamendmeat No_ I to Purchase aud Sale <br />A,greement datEd August 26, I997; aad <br />WHEREAS; an und~rground waste oiI taak allegedl~r from Chevron's previous <br />operations was discovered on the properiy by O~uner subsequeat to suoh saie for which Uwner <br />clauns to have incurred casts and ea~penses associated with its removal; and <br />WHEREAS; a dispute now exists between Q~wner and Chevron regarding Chevron's <br />obligation to reimburse dwner for such costs and ex~enses; and <br />WHEREAS, tlae parties wish to resolve the dispute betweet~ them in an amicable n~anner. <br />1V'OW '~'HEREFORE, in cansideratian of th~ ~oregoing, and i.~ c~Qsideration of tk~e <br />mutual provisions of this Agreement, the parties hereto agrcc as fallows~ <br />1_ Settlement_Pavment, ~hevrc~n agrees to pay Owner and Owzter agrees to accept <br />the sum of Eleven Thousand Fi~ve Hundred Foriy ~Tine and 50J100 Doilars (~11,549.50) in full <br />and complete settiement, satisfa.ct~on and release of any and ati claims Owner may have, l+.nown or <br />u,n[cnowia, against Chevron r~gardiug Chevron's obligatian, if any, to reimburse OwAex for costs <br />whic~ it has incaured associat~d with~the re~noval af said tank. Said paymeDrt sha?I be made witlun <br />fifteen (15) busin~ss days after executian and delivery of this Agreement by the part~ies. <br />2_ Xlisput~s. If a dispute arises between the ~parties ~elating ta this Agreement, tlae <br />parties hereto agree to use the following pracedure pnor to pursing other legal remed~es: <br />A A meeting shall be held promptiy betvveen the parties attended by individuats vveth <br />decision-tnaking authority wha witt attempt in gvod faith to n.egotiate a resolut~on af the dispute. <br />B_ If withi~. fifteen (1S) days after conve~aing such m~eting, the parties h~.ve nat <br />succeeded in negotiati~g a resolutio~ they a.~ree ta submit the dispute to media~on utilizing a <br />mediator who is mutually ~cceptable, and to bear equaliy the costs af the mediativn. <br />n;~~,a~s-~aoa.ao~ <br />0~- 30i99 1(1:37 <br />'$'5U3 22~ p155 <br />3TILLER N:~S$ <br />Page 1 <br />