HomeMy WebLinkAboutCAG1992-0080 - Original - Release of All Claims - 12/28/1992 RELEASE OF ALL CLAIMS
KNOW ALL MEN BY THESE PRESENTS :
That the Undersigned, Barney L. Wilson and Yvonne M. Wilson,
individually and as husband and wife , being of lawful age , for the
sole consideration of THIRTY FIVE THOUSAND DOLLARS AND 00 CENTS
($35 , 000 . 00) to the undersigned in hand paid, receipt whereof is
hereby acknowledged, do/does hereby and for my/our/its heirs ,
executors, administrators , successors and assigns release, acquit
and forever discharge : THE CITY OF KENT; THE WASHINGTON CITIES
INSURANCE AUTHORITY; and his , her, their, or its agents, servants ,
contractors , successors , heirs , executors , administrators ,
employees , elected officials, attorneys , and all other persons ,
firms , corporations , associations or partnerships of and from any
and all claims , actions , expenses and compensation whatsoever,
which the undersigned now has/have or which may hereafter accrue on
account of or in any way growing out of any and all known and
unknown, foreseen and unforeseen bodily and personal injuries and
property damage, loss of reputation, and/or economic loss of any
kind including but not limited to employment related income and
benefits , attorney fees and costs , emotional distress , and the
consequences thereof resulting or to result from any actions taken,
failure to act, or statements made, by the City of Kent, its
elected officials , administrators , agents , servants , or other
persons employed by Kent in any fashion which occurred from the
date of Mr. Wilson' s first employment with the City of Kent up
through and including July 18 , 1991 . This Release specifically
includes, but is not limited to, any actions taken by or on behalf
of the City of Kent in connection with the investigation of the
claims made by Rebecca Giles and the subsequent discipline action
of Mr. Wilson by the City of Kent which occurred prior to and
including July 18 , 1991 . This Release specifically excludes any
actions taken by or on behalf of the City of Kent subsequent to
July 18, 1991 , or any failure to act occurring subsequent to
July 18, 1991 .
It is understood and agreed that this settlement is the
compromise of a doubtful and disputed claim, and that the payment
made is not and should not be construed as an admission of
liability on the part of the party or parties hereby released.
Because of pending litigation, the City of Kent recognizes
potential attorney fees and time loss for employees who may be
involved in attending court proceedings which the city seeks to
avoid, and that the said releasees deny liability and intend merely
to avoid litigation and buy their peace.
The undersigned hereby declares that the injuries sustained
are or may be permanent and progressive and that recovery therefrom
RELEASE OF ALL CLAIMS -1-
ORIGINAL
is uncertain and indefinite and in making this Release it is
understood and agreed, that the undersigned rely (ies) wholly upon
the undersigned' s judgment, belief and knowledge of the nature,
extent, effect and duration of said injuries and liability therefor
and is made without reliance upon any statement or representation
of the party or parties hereby released or their representatives or
by any physician or surgeon by them employed.
In consideration of payment of the above sum, the undersigned
represents , warrants and agrees that he/she or his/her legal
representative will satisfy any and all health care related
subrogation or lien claims against the above sum, or any settlement
or recovery arising out of the incident, casualty or events which
occurred as above-described. In further consideration of the
payment of the above sum, the undersigned agrees to indemnify the
City of Kent, its servants , agents , and elected officials , their
attorneys of record, and their respective liability insurance
carriers , and agrees to hold the same harmless against any claim,
suit, action or demand asserting a health care related subrogation
or lien against said sum, settlement or recovery, including the
expenses of investigation, attorney fees , and other costs of
litigation. In further consideration of payment of the above sum,
the undersigned agrees to pay the expenses of investigation,
attorney fees and all other costs of any action brought by the City
of Kent, its servants, agents , and elected officials , their
attorneys of record, and their respective liability insurance
carriers against the undersigned to establish and/or enforce
indemnification for health care related subrogation or lien claims
hereunder.
The undersigned further declares and represents that no
promise, inducement or agreement not herein expressed has been made
to the undersigned, and that this Release contains the entire
agreement between the parties hereto, and that the terms of this
Release are contractual and not a mere recital.
THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY
UNDERSTANDS IT.
Signed, sealed and delivered this day of t
1992
CAUTION: READ BEFORE SIGNING BELOW
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Witne arney L. i son
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'Witness onne M. Wilson
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RELEASE OF ALL CLAIMS -2-
STATE OF WASHINGTON )
ss .
COUNTY OF KING )
On this � day of `a� �� s ` �' 1992 , befo
personally appeared Barney L. Wilson, to me known to be thgo N ••.•'90 ;
named herein and who executed the foregoing Release .�a he ;.� '.
acknowledged to me that he voluntarily executed the same .- tX)rARY ;
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STATE OF WASHINGTON } too WASt2-��
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COUNTY OF KING )
On this -r. , ' day of �1 1992 , befQt°�
personally appeared Yvonne M. Wilson, to me known to be tho`� •••••• �O,y!,.
named herein and who executed the foregoing Release .and she •
WTARY
acknowledged to me that she voluntarily executed the same '" �
PUBLIC
My term expires .
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RELEASE OF ALL CLAIMS -3-