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Home My WebLink AboutRes1995-019 . . . Sponsored by: Jones CITY OF SEWARD, ALASKA RESOLUTION NO. 95-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AND AUTHORIZING EXECUTION OF THE EXXON VALDEZ OIL SPILL LITIGATION PARTIAL SETTLEMENT AND RELEASE AGREEMENT WHEREAS, a portion of the claims of the City of Seward in the Exxon Valdez Oil Spill Litigation have been settled; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. the Partial Settlement and Release Agreement relating to non-land, non- diverted services damages claims, attached and incorporated hereto as "Exhibit A", is approved. Section 2. Mayor Dave W. Crane is hereby duly authorized and directed to execute the attached Partial Settlement and Release Agreement and other documents relating to this settlement between Exxon and the City of Seward. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 27th day of February, 1995. THE CITY OF SEWARD, ALASKA f11€l&0~ Dave W. Crane, Mayor AYES: NOES: ABSENT: ABSTAIN: Anderson, Crane, Deeter, King, O'Brien, Sieminski None Darling None . . . . Sponsored by: Jones CITY OF SEWARD, ALASKA RESOLUTION NO. 95-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AND AUTHORIZING EXECUTION OF THE EXXON VALDEZ OIL SPILL LITIGATION PARTIAL SETTLEMENT AND RELEASE AGREEMENT WHEREAS, a portion of the claims of the City of Seward in the Exxon Valdez Oil Spill Litigation have been settled; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. the Partial Settlement and Release Agreement relating to non-land, non- diverted services damages claims, attached and incorporated hereto as "Exhibit A", is approved. Section 2. Mayor Dave W. Crane is hereby duly authorized and directed to execute the attached Partial Settlement and Release Agreement and other documents relating to this settlement between Exxon and the City of Seward. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 27th day of February, 1995. THE CITY OF SEWARD, ALASKA llre ill. (I~ Dave W. Crane, Mayor AYES: NOES: ABSENT: ABSTAIN: Anderson, Crane, Deeter, King, O'Brien, Sieminski None Darling None . CITY OF SEWARD, ALASKA RESOLUTION NO. 95-019 ATTEST: (City Seal) l. ',,1!t'!':'.lJ, ~~ t-.;~-;':~y" C~t't' C .::-i\ ".i :~.~ en:;i ~i ~':'9"'-_ .\~-,::.:..~ do !'tereby ~1i1y tb:,.j,L {k......; .!:J ...I. ':rut) ,..t...~ et..at....ct .~'Y ai Ibo ~t :IS it MXZi ui l"~ lh my ,~.,t~':'A.:. ~ \~Q.~'f~,P!~~ . .. ...~8:" .... .;<:... "... ... .~.. 0 '. 4> ... .' ~. ~ ... ".. "... ~ .,,0 ('< :: i'ii;: ~c.-.:' .. :~ ~ 8, s:L - . 8 L'\ "L . - :; . i ~~,~ lJ"'l.. ; · : ;".. ':. " .. "'.............. - .:. "1> ,,' 1\,../:;" ..... \l;";':'~",~ 1. ,~,~,,'*,<rl ~I. ';.;I.'t...",.,. .,...^...... ..C5..... ; .'~:- . , .':-' \' .:0..... .; '\''''~ '....'I,\\~. n '-;".1'~' . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 95-019 ATTEST: (City Seal) . . . . PARTIAL SETTLEMENT AND RELEASE FOR AND IN CONSIDERATION of the sum of Two Hundred Forty-Five Thousand and No/100 ($245,000.00) (the "Payment") paid to the undersigned City of Seward, City of Old Harbor, City of Ouzinkie, City of Port Lions, and the City of Larsen Bay, (collectively "Municipal Plaintiffs"), receipt of which is hereby acknowledged, and intending to be legally bound hereby, the undersigned Municipal Plaintiffs absolutely and irrevocably release and discharge Exxon Corporation, Exxon Shipping Company (now known as SeaRiver Maritime, Inc.), Exxon Pipeline Company, their directors, officers, employees and agents, and the MN EXXON VALDEZ, its officers and crew, (collectively "Exxon"), from any and all claims, demands and causes of actions of every kind and character, whether known or unknown, for any and all damages that have been sustained or may be sustained at any time in the future by the undersigned Municipal Plaintiffs which arise out of or in association with the grounding of the MN EXXON VALDEZ on March 24, 1989 and the resulting oil spill, including any oil containment or cleanup procedures that followed, except the following claims expressly reserved and specifically set forth as follows: (1) The claims for damages to land and/or real property brought by City of Old Harbor, City of Ouzinkie, City of Port Lions and City of Larsen Bay were settled with Exxon for Two Hundred Fifty-Five Thousand and No/100 Dollars ($255,000.00) and are the subject of a separate Partial Settlement Agreement; and EXHIBIT A (2) The undersigned Municipal Plaintiffs reserve the right to bring an appeal of the summary judgment motion granted in favor of Exxon Corporation and Exxon Shipping Company in the above action in the Alaska Superior Court by the Honorable Brian Shortell on May 5, 1994, on claims for diverted services (copy attached); (a) Provided that, and in further consideration of the Payment stated above: Should such summary judgment ruling in Exxon's favor be reversed on appeal, and the claims brought to trial and result in a recovery of damages by the undersigned Municipal Plaintiffs, the undersigned Municipal Plaintiffs covenant and agree that Exxon shall receive a credit in the amount of Eighy- Eight Thousand Nine Hundred and No/100 Dollars ($88,900.00) to be offset against any such recovery prior to any calculation or award of statutory interest and prior to any application for or award of attorneys' or other costs or fees. (3) The undersigned Municipal Plaintiffs reserve all claims for punitive damages which arise out of our in association with the grounding of the MN EXXON VALDEZ on March 24,1989 and the resulting oil spill, including any oil containment or cleanup procedures that followed. The undersigned Municipal Plaintiffs hereby acknowledge receipt of the Payment stated above and agree by their acceptance of the Payment to be legally bound by all the terms and covenants of this agreement. The undersigned Municipal Plaintiffs further covenant and agree that they will divide the Payment among themselves, and they hereby acknowledge that whatever amount they determine to allocate to each of them shall constitute good and satisfactory consideration for the 2 . undertakings of each. In further consideration of the Payment stated above, the undersigned Municipal Plaintiffs, and each of them, hereby specifically release Exxon from any claims or causes of action whatsoever, arising now or in the future, known or unknown, concerning the division of this Payment among themselves. In order to facilitate the implementation of this Partial Settlement and Release, the undersigned Municipal Plaintiffs further agree that this Partial Settlement and Release may be executed by each of them in counterpart, by means of separate facsimile or other duplicate copies, and as so executed shall be of the same binding force and effect as if executed in a single copy. DATED: February _, 1995. STOll, STOll, BERNE & lOKTING . Attorneys for Municipal Plaintiffs City of Larsen Bay, City of Old Harbor, City of Ouzinkie, City of Port Lions and City of Seward By N. Robert Stoll DATED: February _. 1995 CITY OF lARSEN BAY By Mayor, City of Larsen Bay . 3 DATED: DATED: DATED: DATED: . February _' 1995 February _' 1995 February _' 1995 February ~. 1995 CITY OF OLD HARBOR By Mayor. City of Old Harbor CITY OF OUZINKIE By Mayor. City of Ouzinkie CITY OF PORT LIONS By Mayor, City of Port Lions CITY OF SEWARD By~\f}.C~~ Mayor. City of Seward 4