Loading...
HomeMy WebLinkAbout2023-666-P-David Bellin and BUDDHA-Settlement and Release Agreement SETTLEMENT AND RELEASE AGREEMENT Orange County , a local political subdivision of the State of North Carolina, including (in their official capacities ) its agents , employees and officers (together, " Orange County" or " County" ) enters into this Settlement and Release Agreement (" Agreement" ) with David Bellin and BUDDHA LLC , (together collectively as " Petitioner" ) . WITTNESSETH j i WHEREAS , Petitioner is the owner of certain property in the Rogers Road Area with the PIN 9870349879 and address of 7731 Rogers Road (" Current Parcel " ) ; and, WHEREAS , Petitioner previously owned certain property in the Rogers Road area with the PINS 9870347289 , 9870349228 , 9870347529 , 9870440259 , and , 9870348639 , as well as the G property with PIN 9870442208 which has since been recombined with adjacent parcel PIN 9870443288 ( all six being the "Prior Parcels" , collectively together with " Current Parcel " as "Property" ) ; and WHEREAS , on or about Apr* 128 , 2016 , County presented Petitioner with a request to be granted several easements ("Easements " ) for the construction of water and sewer ("project" ) through Petitioner ' s Property ; and r WHEREAS , both Orange County and Petitioner came to an agreement regarding the Easements ; and i E WHEREAS , both Orange County and Petitioners wish to fulfill the terms of the agreement by having this settlement and release agreement supersede any and all prior agreements in any form . NOW THEREFORE , in order to avoid further controversy , expense and inconvenience , Petitioner and Orange County have agreed upon a full and final settlement and release of all matters related to the Easements , Property and Project and , except where otherwise specified below , all matters related to Petitioner ' s granting of easements or Orange County ' s project and hereby memorialize the terms and conditions of their Agreement as being : 1 . Settlement . Orange County shall pay Petitioner $ 15 , 800 . 00 . 2 . Releases . In return for the promises , representations , covenants and consideration provided by County in this Agreement, and other than as those claims addressed in the following sentence , Petitioner forever discharges and waives all claims , known and unknown , which , directly or indirectly , in whole or in part, relate or are attributable to , connected with , or incidental to the Easements , Property or Project which Petitioner may have as of the date of this Agreement against Orange County and their past or present agents , employees and officials , all in their individual and official capacities I, including , but not limited to any contract claim, tort claim, and any claim based upon any state or federal or common law , or amendments thereto . ' 1 Settlement and Release Agreement 2. 1 Easements Bellin Buddha LLC r I t i r t 3 . No Admission of Liability . The Parties understand and agree that this Agreement represents a compromise of disputed claims and is intended merely to terminate any and all claims and avoid further litigation among the parties . Entry into this Agreement shall not be construed as an admission on the part of County of any violation of the rights or interest of Petitioner , and County expressly denies having committed any i wrongdoing and further denies liability under any theory of law for any of its actions . 4 . Non - Disparagement . The parties shall refrain from releasing any information not legally required to be released which disparages or impugn the reputation of one another and from making any statements which disparage or impugn the reputation of one another which includes , but is not limited to , disparaging or impugning the reputation of the County Board , its members and managers . County will take reasonable steps to be certain its agents , employees and officials are aware of this obligation not to disparage or impugn Petitioner ' s reputation , r i 5 . Agreement Not to Pursue Claims . Petitioner agrees not to institute or pursue any lawsuit , grievance , charge of discrimination , or proceeding in any forum that is in any i way based upon or arising out of any matter involving Petitioner through execution of this Agreement; and further Petitioner agrees to dismiss with prejudice and withdraw , in addition to what is described above , any other active lawsuits , charges of discrimination , complaints , or other actions with any state or federal agency based upon said matters . 6 . Confidentiality . To the extent permitted by North Carolina law , the parties , their agents I and representatives agree to maintain the confidentiality of and not disclose , discuss , publicize , circulate or advertise the Agreement, including any of its terms and conditions . If County receives a public records request , subpoena or court order for j this Agreement, which both parties recognize is a public record , the parties agree that County shall comply with the request, subpoena or court order despite the covenants in j this section . i i 7 . Severability . If any of the provisions of this Agreement are determined to be invalid or unenforceable , that provision so determined shall be severable from the other provisions of this Agreement , and the Agreement shall be construed and enforced as if such invalid or unenforceable provision had not been included herein . 8 . Governing Law and Forum. This Agreement shall be governed by , construed and enforced in accordance with laws of the State of North Carolina, and the place , situs and forum of this Agreement shall be in Orange County , North Carolina , where all i matters relating to the validity , construction , interpretation and enforcement shall be determined . 9 . Full Cooperation . The Parties agree to cooperate fully to execute any and all i supplemental documents necessary to effectuate this agreement, and to take all i I i 2 Settlement and Release Agreement 2. 1 Easements Bellin Buddha LLC I i ' k 'r k additional actions that may be necessary to give full force and effect to the terms of this Agreement . 10 . Entire Agreement . This Agreement contains the entire agreement between the parties and there are no understandings or agreements , verbal or otherwise , regarding this k settlement except as expressly set forth herein . i By the signatures below , the parties indicate that they have read , understand , and agree with the terms of and conditions stated in this Agreement, and by their signature they acknowledge the agreement and that in signing this Agreement they intend to be legally bound by it. This the 30th day of October, 2023 . 4eu? orb avid Belli , in his individual capacity Date avid Bellin , for Buddha LLC Date E I E r I nnie Idammersley , County Manbfer Date FOR ORANGE COUNTY ONLY This instrume n pre- audited as provided in the manner required by the Local Government Budget and F ' Co trol Act . 2 Vo m q Gary Don dso , Finance Director Date This docum � s been reviewed for legal form and sufficiency . ZI jwal e"ryan , Staff Attorney Date i l i I c 3 Settlement and Release Agreement 2. 1 i Easements Bellin Buddha LLC i c r C