Loading...
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 n LS Witne arney L. i son J 4• Or� � L �Cf V 'Witness onne M. Wilson r 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 ; Pi/fi'jC Akq My term expires : `;i r ( r t...� -t.:, cat � - �- Ij tary Public �.'•. 9.; STATE OF WASHINGTON } too WASt2-�� } ss . 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 . No ary Publ 'dpFO ......N;�c�;b' �a F WA RELEASE OF ALL CLAIMS -3-