HomeMy WebLinkAboutPK1997-0222 - Original - Leo C. Brutsche - Release and Covenant Not to Sue - 07/24/1997 RELEASE AND COVENANT NOT TO SUE
In consideration of the sum of FOUR THOUSAND DOLLARS ($4,000.00), the receipt
and sufficiency of which are hereby acknowledged, Leo C. Brutsche ("Releasor"), on behalf of
himself and his marital community, heirs, executors, administrators, successors and assigns, fully
and forever releases and discharges the City of Kent and its employees, agents, contractors,
officers, directors, attorneys, successors and assigns; Robert Hutchinson and his marital
community,heirs, executors, administrators, successors and assigns; and Kent School District
No. 415 and its employees, agents, contractors, officers, directors, attorneys, successors and
assigns (collectively, "Releasees") from any and all claims asserted in Leo C. Brutsche v. City of
Kent, et al., King County Superior Court No. 97-2-15520-KNT (the"Action"). The City of Kent
and Kent School District No. 415 hereby discharge Releasor and his property at 805 Stetson
Avenue, Kent, WA, from any liability for the school impact fees that are addressed in the Action.
Releasor covenants and agrees that he will never, by reason of any event, matter or cause
heretofore occurring, institute, prosecute, or in any way aid in the prosecution of any claim for
allegedly illegal impact fees, except as may be required by subpoena or court order. By his
signature below, Releasor authorizes and directs his attorney to sign and secure entry of the
attached Stipulated Order of Dismissal,which is intended to and shall have the effect of
dismissing the Action with prejudice and without costs or fees to any party. Releasor agrees to
defend, indemnify, and hold Releasees harmless from and against all costs of defense, attorneys'
fees, and expenses arising from or in any way connected with any future action brought against
Releasees or any of them by Releasor that relates to the claims asserted in the Action, or any
future action that violates the first sentence of this paragraph.
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This Release and Covenant Not to Sue expresses the full and complete settlement and
agreement of the parties with respect to its subject matter. Releasor understands and agrees that
the payment of the consideration set forth above reflects the compromise of a doubtful and
disputed claim in the interest of avoiding the costs and uncertainties of litigation. Such payment
shall not be deemed, construed, or treated in any respect as admission of liability by any person
or entity for any purpose. All questions with respect to construction of this Release and Covenant
Not to Sue and the rights and liabilities of the parties hereto shall be governed by Washington
law.
EXECUTED this day of July, 1997.
LEO C. BR HE
Approved:
J ald A. Klein
s attorney
CITY OF KENT
By; I -
KENT SCHOOL DISTRICT NO. 415
By N
Its "a-+cv JE i e F �w1A
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