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Settlement Agreement and Mutual Release for 13776 Canyon Court in Oregon City
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RECOMMENDED ACTION (Motion):
Authorize the City Manager to execute the Settlement Agreement and Mutual Release between Mr. Frank and Mrs. Susan Bartholomew and the City of Oregon City concerning the lawsuit and issues associated with 13776 Canyon Court.
BACKGROUND:
The Trillium Park Drive area has a history of ground movement and years of geotechnical evaluation. Trillium Park Drive has seen a series of slides and resultant mitigation repairs since 2006. On February 16, 2017, the City responded to a water main break resulting from ongoing landslide activity along Trillium Park Drive. This landslide episode pulled a City owned 8-inch diameter water main apart resulting in high volumes of water flowing up and out of the pipeline trench, displacing trench backfill and surface pavement, and flowing downstream of the slide area. This Trillium Park landslide episode occurred during a wet winter period when groundwater levels were high and the subsurface conditions were saturated.
In the days after the February 16 landslide, the area continued to slide and subside. Problems ensued with other public facilities that were also impacted by the landslide. On February 21, 2017, the City’s Building Official responded to concerns that 13776 Canyon Court was showing indications that it, too, was impacted by the landslide. On February 23, the Building Official deemed 13776 Canyon Court a dangerous building and the tenants vacated the home.
On August 2, 2017, the City was notified of a tort claim against the City by the Bartholomews which later resulted in a lawsuit against Oregon City as well as two other insurance companies (Bankers Standard Insurance and Chubb Insurance). The Bartholomews have tentatively settled the lawsuit with their insurance carriers. Pursuant to the terms of this settlement agreement, they are seeking a settlement agreement with the City of Oregon City. The Ci...
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