HomeMy WebLinkAbout000577 Original ContractAGREEMENT TO RELEASE CLAIM
I, Floyd Mack, for and in consideration of the return of the 2008 Chevrolet Malibu
bearing Washington License Plate 255ZXV that was seized by the Port Angeles Police
Department on or about December 8, 2012, and excluding any items of contraband, all of which
is being held by the Port Angeles Police Department in connection with PAPD Case No. 2012-
21757, 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 2008 Chevrolet Malibu
bearing Washington License 255ZXV.
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 I day of December 2012.
Floyd Mack, Claimant
City of Port Angeles
Record #000577
STATE OF WASHINGTON
ss
County of CLALLAM
On this day personally appeared before me, a Notary Public, duly commissioned and
sworn, FLOYD MACK, to me known to be the individual described in and who executed the
within and foregoing agreement, and acknowledged to me that he signed the same as his free and
voluntary act and deed, for the uses and purposes therein stated.
GIVEN under my hand and official seal this 2z\ 5' day of December 2012.
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NOTggy
EXP 05/2112014
Notary Public in and for the State of Washington
Residing at
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AGREEMENT
The parties to this Agreement are:
1. The Port Angeles Police Department, the Seizing Agency, represented by Heidi
Greenwood, Assistant City Attorney for the City of Port Angeles; and
2. Floyd Mack, Claimant, pro se.
RECITALS
I.
There is presently pending before the Title 69 Hearing Officer, an action entitled In the
Matter of: 2008 Chevrolet Malibu, State of Washington License Plate 255ZXV, Defendant,
and Floyd Mack, Claimant, and the Port Angeles Police Department Seizing Agency; Case No.
2012 21757.
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.
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.
000577
1. Regarding In the Matter of: 2008 Chevrolet Malibu, State of Washington License
255ZXV, Defendant, and Floyd Mack, Claimant, and the Port Angeles Police
Department, Seizing Agency; Case No. 2012 21757:
(a) The Port Angeles Police Department shall, to the extent that it has not
already done so, return to Floyd Mack, Claimant, said 2008 Chevrolet Malibu,
bearing Washington State License 255ZXV.
(b) The Claimant, Floyd Mack, 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.
2012 21757, 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.
FL
9;
M ACK 4 .0
Claimant
909 W. 15 Street
Port Angeles, WA 98363
Dated:
STIPULATED TERMS AND CONDITIONS
IDI G' DI NWOOD, WSBA #38037
Attorney for Seizing Agency
Dated: /02 /0/ /2% /4
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BEFORE THE DESIGNATED HEARING
OFFICER IN AND FOR THE COUNTY OF
CLALLAM
In the Matter of:
PAPD CASE NO. 2012 -21757
State of Washington License Plate 255ZXV,
Defendant,
AGREED ORDER OF DISMISSAL
Claimant,
and the
PORT ANGELES POLICE DEPARTMENT,
Seizing Agency.
COMES NOW, the above referenced parties, the Claimant having represented himself pro se
and the Port Angeles Police Department having been represented by Assistant City Attorney Heidi
Greenwood, the parties having settled this matter.
NOW, THEREFORE, the forfeiture proceeding as to the seizure of the 2008 Chevrolet Malibu
herein is DISMISSED with prejudice. Each party is responsible for their own costs and attorney fees
incurred in this matter, if any.
DATED this 0,21 day of
2008 Chevrolet Malibu,
and
FLOYD MACK,
Ro ald J. ereg
He orable Hearing Offi r
I- AGREED ORDER OF DISMISSAL
G.\ LEGAL\ DISTRICT \MyFiles \Forfeitures\Mack, Floyd 2012- 21757 \Dismiss.forfeiture.mack wpd
000577
2012.
PORT ANGELES CITY ATTORNEY
321 East Fifth Street PO Box 1150
Port Angeles, WA 98362 -0217
Phone 360 -417 -4576 Far 360 -417 -4529
Dennis C Dickson WSBA #17652
Heidi Greenwood, WSBA #38037
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Presented by:
Green ood, SBA #38037 Date
Assis ant Ci Attorney
City of Port Angeles
321 E. 5' Street, Port Angeles, WA 98362
Attorney for Seizing Agency
Agreed and Notice of Presentation Waived:
j%
Floyd Mack
909 W. 15' Street
Port Angeles, WA 98363
Appearing pro se
2- AGREED ORDER OF DISMISSAL
G:\ LEGAL \DISTRICI\MyFdes \Forfeitures \Mack. Floyd .2012 21757 \Dismnss.forfeiture muck wpd
Dafe°2— 2/—
PORT ANGELES CITY ATTORNEY
321 East Fifth Street PO Box 1150
Port Angeles, WA 98362-0217
Phone 360 -417 -4576 Fax 360 -417 -4529
Dennis C Dickson WSBA 417652
Heidi Greenwood, WSBA 438037
CITY OF
LEGAL
DEPARTMENT
William E. Bloor
City Attorney
[4531]
Heidi L. Greenwood
Assistant City Attorney
[4562]
Christopher C. Cowgill
Assistant City Attorney
[4532]
Jeanie DeFrang
Legal Administrative
Assistant
[4536]
Randi Mahlum
Legal Records
Specialist
[4576]
Holly McKeen
Legal Administrative
Assistant
[4530]
PORT' NGE�L�E.S-
Sincerely,
W A S H I N G T O N U.S.A.
TO: Janessa Hurd, City Clerk
FROM: Holly McKeen, Legal Administrative Assistant
DATE: January 7, 2013
RE: Property Seizure PAPD No. 2012 -21757
Attached for filing please find the following originals regarding property seized
and released by PAPD:
Agreement to Release Claim; and
Agreement /Stipulated Terms Conditions signed by Floyd Mack; and
Agreed Order of Dismissal.
Thank you for your assistance in this matter.
14I4rwin
Holly McKeen
Legal Administrative Assistant
Attachments
G \LEGAL\a MEMOS\t{EMOS 2012WIEMOS 2012\Hurd forfeiture originals Mack 12 31 12 wpd
000577