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HomeMy WebLinkAbout000854 Original Contract City of Port Angeles Record # 000854 Settlement Agreement and Release The City of Port Angeles ("The City") and Shirley Baublits, an unmarried individual, hereby enter in to this settlement agreement and release under the following terms: The parties have reached a comprehensive settlement of all rights, claims, causes of action, disputes, and contested issues related to or arising from August 15, 2014 incident during which Ms. Baublits alleges that a City garbage caused dainage to Ms. Baublits's property. This Settlement Agreement and Release is made for the purpose of compromising and settling all disputes among the parties. 1. The City will pay Ms. Baublits $1292.91 which is one-half the total amount needed to repair the damaged utility pole. 2. By signing this Settlement Agreement and Release no party admits any wrongdoing 3. Ms Baublits agrees that her small claims suit No.Y14-935 shall be dismissed with prejudice. She further agrees the subject matter and claims of that action shall not now, nor will in the future, be the subject of any legal or administrative action or claim of any sort against the City. 4. Ms. Baublits irrevocably and unconditionally forever releases and discharges the City and its affiliates, officers, agents, attorneys, insurers, directors and employees and any officer, director, insurer, attorney and or employees of any subsidiary or affiliated entity of the City from any and all claims, causes of action, charges, allegations or complaints, of any and all kinds, known or unknown, arising out of or in regards to the August 15, 2014 incident involving a City garbage truck on Ms. Baublits's property located at 1323 McDonald St, Port Angeles WA 98363. 5. This Settlement Agreement and Release documents the complete agreement of the parties. All prior negotiations, agreements, and discussions are superseded and merged into this document. Except as expressly stated in this document, the parties have made no written or oral agreements. 6. The City and Ms. Baublits hereby declare that each has carefully reviewed the terms of this Settlement Agreement and Release and knows it's contents, that each has voluntarily accepted it's terms after consultation with their respective attorneys or after affinnatively detennining not to consult with an attorney. Each declares that they sign this Settlement Agreement and Release as an act of free will. Dated 7 9 The Port Angeles By: Mr. Dan McKeen City Manager for the City of Port Angeles Dated �5 Ms. Shirley Baublits ct, HAa AGREEMENTS&CONTRACTS\2014 Agnnts&Contracts\Baublits settlement and release.doc