HomeMy WebLinkAbout000626 Original Contract City of Port Angeles
Record # 000626
AGREEMENT TO RELEASE CLAIM
I, Garland Seals, for and in consideration of the return of the 1998 Chevrolet Blazer
bearing Washington License Plate # 616XNE that was seized by the Port Angeles Police
Department on or about January 10, 2013, 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-
22919, 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 1998 Chevrolet Blazer
bearing Washington License # 616XNE.
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 / .36) , Washington, this a 0 day of UUQ I is 2013.
Glarlarid Seal , C imant
STATE OF WASHINGTON }
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County of� /Pj?/�/KLX/11 )
On this day personally appeared before me, a Notary Public, duly commissioned and
sworn, G, , to me known to be the individual(s) described in
and who executed the within and foregoing agreement, and acknowledged to me that
12?t= signed the same as free and voluntary act and deed, for
the uses and purposes therein stated.
GIVEN Lander my hand and official seal this �dday of � � �?" , 2013,
��t1 Ialerrons�„�i
+`''a�"�'"""•••• '�;'1'Rr ' Notary Public m and for the State of Washington
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i Residing at 1r--A qN).4 Cp.
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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. Garland Seals, Claimant,pro se.
RECITALS
I.
There is presently pending before the Title 69 Hearing Officer, an action entitled In the
Matter of. 1998 Chevrolet Blazer, State of Washington„License Plate 4616XNE, Defendant and
Garland Seals, Claimant, and the Port Angeles Police Department, Seizing AgencL Case No.
2012-22919.
II.
It is the purpose of this Agreement to frilly 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 eacb 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: 1998 Chevrolet Blazer, State of Washington License
# 616XNE, Defendant, and Garland Seals, Claimant and the Port Angeles Police
Department, Seizing Agency; Case No. 201222919:
(a) The Port Angeles Police Department shall, to the extent that it has not
already done so, return to Garland Seals (or his representative), Claimant, said
1998 Chevrolet Blazer, bearing Washington State License 616XNE.
(b) The Claimant, Garland Seals, 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. 2012-22919, 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.
GARLAN ALS HEI I GRE 4 , WSBA #38037
Claimant Attorney for Sei ing Agency
Coyote Ridge Corrections Center
P.O. Box 769
Connell, WA 99326
Datedi� Dated: flu/
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