HomeMy WebLinkAbout2008-247 Agrmt - MAA Settlement
SETTLEMENT AGREEMENT
BETWEEN:
Mt. Ashland Association, an Oregon non-profit corporation
("MAA")
AND:
City of Ashland, an Oregon municipal corporation
("Ashland")
EFFECTIVE
DATE:
Upon signature by both parties.
RECITALS
A. MAA filed a lawsuit against Ashland entitled Mt. Ashland Association v. The City of
Ashland, Jackson County Circuit Court Case No. 072744-E2(7) ("Lawsuit").
B. The parties settled one of the claims in the Lawsuit in a settlement agreement which
became effective June 25, 2008.
C. A general judgment ("General Judgment") was entered in favor of MAA on the
remaining two claims in the Lawsuit on November 17,2008.
D. MAA filed a Statement of Attorney Fees and Cost Bill for Plaintiff on November 25,
2008 ("Statement of Attorney Fees").
E. On December 2, 2008, MAA offered to settle its Statement of Attorney Fees on certain
terms and conditions. On the same day, the Ashland City Council accepted the offer.
F. MAA and Ashland desire to memorialize the settlement of the Statement of Attorney Fees
in this settlement agreement ("Agreement").
AGREEMENT
Now, therefore, in consideration of the covenants and promises set forth below and the
recitals set forth above, which are hereby incorporated by reference, MAA and Ashland agree as
follows:
1. Settlement of Statement of Attornev Fees. Ashland shall pay MAA $85,000 (Eighty
Five Thousand Dollars), by a check made payable to the order of "Mt. Ashland
Association," on or before December 15, 2008. MAA accepts $85,000 (Eighty-Five
Thousand Dollars) in full settlement of MAA's claims for attorney fees and costs alleged
in the Lawsuit, including, but not limited to, the claim for attorney fees and costs in the
Statement of Attorney Fees. On or before December 12, 2008, MAA shall sign and file a
Stipulated Order on Statement of Attorney Fees and Cost Bill of Plaintiff which shall
deny the Statement of Attorney Fees on the ground that it is moot in light of this
Agreement.
Settlement Agreement - Page 1 of 2
""__, n_
2. A2reement Not to Anneal. Ashland agrees not to appeal the General Judgment.
3. Comnliance with General Jude:ment. On or before December 9, 2008, Ashland shall
comply with the General Judgment by (a) rescinding its October 3, 2006, and June 29,
2007, letters to the United States Forest Service and (b) advising the Forest Service in
writing that Ashland designates MAA as the signatory on any future timber settlement
contracts associated with the Mt. Ashland Ski Area expansion project.
4. Inte2ration. This Agreement constitutes the entire agreement between the parties with
respect to the Statement of Attorney Fees and any appeal of the General Judgment, and
all prior negotiations, discussions, writings and agreements between the parties with
respect to such issues are superseded and of no further force and effect. This Agreement
and the prior settlement agreement can only be amended or modified in writing signed by
both parties hereto.
5. Warranties. The undersigned parties warrant that no promise or inducement has been
offered except as set forth herein; that this Agreement is executed without reliance upon
any statement or representation by the persons or entities released or their representatives,
except as set forth herein; and that each of the undersigned is authorized to execute this
Agreement.
6. Counternarts. This Agreement may be executed in two counterparts, each of which
shall be deemed an original and together shall constitute one and the same Agreement.
Dated: December B , 2008
Dated: December L,2008
MT. ASHLAND ASSOCIATION
Ylf#
By. /, ..~
Samue - ~es
Presid t
CITY OF ASHLAND
BY~~~
artha Be ett
City Administrator
00216159.DOC;1
Settlement Agreement - Page 2 of 2
,----
CITY OF
ASHLAND
December 9, 2008
Linda Duffy, Ashland District Ranger
Rogue River - Siskiyou National Forest
Pacific Northwest Region, USDA Forest Service
645 Washington Street
Ashland, Oregon 97520
Re: Mount Ashland Ski Area Change in Practice
Dear Ms. Duffy,
In October 2006, the USDA Forest Service granted a change in practice regarding our role as Special Use
Permit Holder in the Mount Ashland Ski Area that the City had requested. At that time, the City asked
that all future contracts and permits for activities related to the Ski Run Settlement Sale and the future
expansion of the Ski Area be directed to the City of Ashland. Additionally, in June 2007, the City of
Ashland requested that the USDA Forest Service delay designating a buyer for the Ski Run Settlement
Sale.
I am writing to rescind both of these requests. The City requests that the Forest Service return to the
practice in place prior to October 2006. All contracts, permits, and related activities for the operation and
expansion of the Ski Area should be directed to our sublease, Mount Ashland Association. Additionally,
the City designates Mount Ashland Association as the buyer of the Ski Area Settlement Sale.
I appreciate your assistance with the City's requests, and I look forward to hearing from you.
City Administrator
Cc: Ashland Mayor and City Council .
Kim Clark, General Manager, Mount Ashland Association
Mike Faught, Public Works Director
CITY OF ASHLAND
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541-488-6002
Fax: 541-488-5311
TTY: 800-735-2900
~.l'
------,----
CITY OF ASHLAND, OREGON
ACCOUNTS PAYABLE CHECK
NO.
70277
~~~~~~~~~~~~~~~~~~=-:'=~~:~J,~~~.~~~~:;J
Settlement
12/08/2008
~ettlement Fee Agreement
0.00
85,000.00
I
PLEASE DETACH BEFORE DEPOSITING