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Home My WebLink About000807 Original Contract City of Port Angeles Record # 000807 CITY • ORT' ANGELES ,-- WASH 1 N G T O N, U. S. A. r LEGAL DEPARTMENT TO: Jennifer Veneklasen, City Clerk William E. Bloor FROM: Holly McKeen, Legal Administrative Assistant City Attorney [4531] DATE: September 16, 2014 Heidi L. Greenwood Assistant City Attorney RE: Property Seizure - PAPD No. 2014-04951 [4562] Christopher C. Cowgill Assistant City Attorney Attached for filing please find the following originals regarding property seized [4532] and released by PAPD: Jeanie DeFrang Legal Administrative Agreement to Release Claim; Assistant • Agreement/Stipulated Terms&Conditions signed by Steven Fortman; [4536] and Randi Mahlum • Agreed Order of Dismissal. Legal Assistant/Records Specialist Thank you for your assistance in this matter. [4576] Sincerel , Holly McKeen Legal Administrative Assistant [4530] Holly McKeen Legal Administrative Assistant Attachments 1 2 4 5 BEFORE THE DESIGNATED HEARING OFFICER IN AND FOR THE COUNTY OF 6 CLALLAM 7 In the Matter of: ) 8 1995 Dodge Dakota, 1 PAPD CASE NO. 2014-04951 State of Washington License Plate #B47049G, ) 9 ) Defendant, ) 10 ) and ) AGREED ORDER OF DISMISSAL 11 ) STEVEN FORTMAN, ) 12 ) Claimant, ) 13 ) and the ) 14 ) PORT ANGELES POLICE DEPARTMENT, ) 15 ) Seizing Agency. ) 16 ) 17 COMES NOW, the above-referenced parties, the Claimant having represented himself pro se 18 and the Port Angeles Police Department having been represented by Sr.Assistant City Attorney Heidi 19 Greenwood, the parties having settled this matter. 20 NOW, THEREFORE, the forfeiture proceeding herein. is DISMISSED with prejudice. Each r.v 21 party is responsible for their own costs and attorney fees incurred in this matter, if any. 22 DATED this— day of 2014. 23 24 25 Sheri Crain, Honorable Hearing Officer 26 27 1-AGREED ORDER OF DISMISSAL PORT ANGELES CITY ATTORNEY 28 I1:v DISTRICT vMyFilesvForfeituresvFortman,Steven.2014-0495 RDismiss.Forfeiturempd 321 East Fifth Street/PO Box 1150 Port Angeles,WA 98362-0217 Phone:360-417-4576 Fax:360-417-4529 Dennis C.Dickson WSBA#17652 Heidi Greenwood,WSBA#38037 l Presented by: 3 4 -I I reenw o , SBA #38037 Date Sr. Assistant City Attorney 5 City of Port Angeles 321 E. 5`I' Street, Port Angeles, WA 98362 6 Attorney for Seizing Agency 7 Agreed and Notice of Presentation Waived: 8 �i 9 10 Steven Fortman Date 721 E. 5`I' Street 11 Port Angeles, WA 98362 Appearing pro se 12 13 1.4 1.5 16 17 18 19 20 , 21. 22 23 24 25 26 27 2-AGREED ORDER OF DISMISSAL PORT ANGELES CITY ATTORNEY 28 H:vDI STRICT vMyFilesvForfeituresvFortman,Steven.2014-04951vDismiss.Forfeiture.wpd 321 East Fifth Street/PO Box 1150 Port Angeles,WA 98362-0217 Phone:360-417-4576 Fax:360-417-4529 Dennis C.Dickson WSBA#17652 Heidi Greenwood,WSBA#38037 AGREEMENT TO RELEASE CLAIM I, Steven Fortman, for and in consideration of the return of the 1995 Dodge Dakota bearing Washington License Plate # B47049G that was seized by the Port Angeles Police Department on or about March 29, 2014, and excluding any items of contraband, all of which is being held by the Port Angeles Police Department in connection with PAPD Case No. 2014- 04951, receipt of which I acknowledge by my signature on this release, do hereby acknowledge the full and complete settlement of any claim or demand of any nature whatsoever that I, my heirs, successors or assigns, have or could have against the City of Port Angeles, and/or the Port Angeles Police Department, or any of their respective officers or employees, arising from or in any way related to the Port Angeles Police Department's seizure of my 1995 Dodge Dakota bearing Washington License # 1347049G. It is my intention by signing this Agreement to acknowledge the satisfaction in full of any and all injuries and damages of any nature whatsoever, to persons or property, which have occurred as a result of the above described incident, whether fully developed or not. I understand that this release includes and is intended to include any damages that could arise in the future as a result of the described incident. Nevertheless, in consideration of the above-identified consideration, and as my free and voluntary act, I am accepting the same as full and complete satisfaction. It is further understood that this settlement is the compromise of any claim and that the Port Angeles Police Department's return of property is not to be construed as an admission of liability on the part of the City of Port Angeles or the Port Angeles Police Department, or any of their respective officers or employees, each of whom expressly denies any liability arising out of the described incident. Executed at Port Angeles, Washington, this day of 2014. Steven Fortman, Claimant STATE OF WASHINGTON ) ss County of Oi this day personally appeared before me, a Notary Public, duly commissioned and sworn, \jcjo �"'p�f'v , to me known to be the individual(s) described in and who executed the within and foregoing agreement, and acknowledged to me that kc, signed the same as kA4 free and voluntary act and deed, for the uses and purposes therein stated. GIVEN under my hand and official seal this V3 day of A u j u s'#' 2014. Not#y Public in and for ie State of Washington Re 'ding at M"xtj el C®u r+64%-i My commission expires: 4„ J)q STHOtiI,o > v NOTiY 2 PUBLIC 6.6-18 AGREEMENT The parties to this Agreement are: 1. The Port Angeles Police Department, the Seizing Agency, represented by'Heidi Greenwood, Sr. Assistant City Attorney for the City of Port Angeles; and 2. Steven Fortman, Claimant,pro se. RECITALS I. There is presently pending before the Title 69 Hearing Officer, an action entitled In the Matter of: 1995 Dodge Dakota State of Washington License Plate # B47049G Defendant and Steven Fortman Claimant and the Port Angeles Police Department Seizing A erigh Case No. 2014-04951. II. It is the purpose of this Agreement to fully and finally resolve the action referenced in section I above, between all parties to the Agreement. III. Specific documents and pleadings setting forth the terms in this Agreement will be executed independently, for each individual action referenced herein, between the specific parties to each individual action. IV. The terms and conditions of the Agreement between all parties, recognizing that each action is independent of the other actions, and further recognizing that the parties together, or individually, are the only persons who are litigant parties in each action, are as set forth below. STIPULATED TERMS AND CONDITIONS 1. Regarding In the Matter of: 1995 Dodge Dakota, State of Washington License# 1347049G, Defendant, and Steven Fortman, Claimant, and the Port Angeles Police Department, Seizing Agency Case No. 2014-04951: (a) The Port Angeles Police Department shall, to the extent that it has not already done so, return to Steven Fortman (or his representative), Claimant, said 1995 Dodge Dakota, bearing Washington State License 1347049G. (b) The Claimant, Steven Fortman, relinquishes any and all claim of right and/or ownership as to any items of personal property constituting contraband that were identified on the evidence sheets maintained in connection with PAPD Case No. 2014-04951, all of which were seized by the Port Angeles Police Department and are surrendered to the Port Angeles Police Department. (c) The forfeiture action shall be dismissed with prejudice. 2. This instrument embodies the entire Agreement between the parties hereto with respect to the transactions contemplated herein and there have been and are no agreements, representations or warranties between the parties other than those set forth or provided for herein. 3. In the event that legal action is instituted by any party hereto to enforce the terms of this Agreement or arising out of the execution of this Agreement, the prevailing party shall be entitled to receive from the non-prevailing party or parties his court costs and reasonable attorney's fees to be determined by the court in which the action is brought. Aar A –� � 111--"/ — STEVEN FORTMAN IIEI I GREE �, SBA #38037 Claimant Attorney for Seizi Agency 721 E. 5"' Street Port Angeles, WA 98362 Dated: Dated: 51 ax