HomeMy WebLinkAboutHR1994-0208 - Original - Alana McIalwain - Settlement Agreement - 02/04/1994 SETTLEMENT AGREEMENT
WHEREAS, Alana McIalwain ("McIalwain") , has asserted claims
against the City of Kent ("City") , a municipal corporation,
arising out of her employment; and
WHEREAS, McIalwain and the City desire to settle the claims
of McIalwain against the City and the City is willing to enter
into such settlement without admission of fault or liability;
NOW, THEREFORE,
McIalwain and the City of Kent do hereby enter into this
Settlement Agreement which is supplemental and in addition to the
Release of Claims being executed simultaneously.
1. The City promises to pay to McIalwain, the lump sum of
Twenty-Six Thousand Dollars and 00 Cents ($26, 000. 00) in general
damages upon McIalwain's execution of this agreement. Said check
will be made payable to the Law Offices of Judith A. Lonnquist in
trust for McIalwain. In exchange for this monetary compensation,
McIalwain will release the City and others as set forth in the
Release from all claims arising out of McIalwain' employment with
the City. No 1099 or W-2 form will be filed by the City
regarding this payment.
2 . Simultaneously with receiving the payment discussed in
Paragraph 1, McIalwain will also receive reimbursement for all
accrued vacation leave. It is agreed and understood by McIalwain
that she is not owed any monies for unused comp time.
3 . The parties agree not to make any disparaging
statements about each other.
4. The City of Kent will provide a letter of reference in
the form annexed hereto as Exhibit A. In the event the City or
any of its employees are contacted by any prospective employer of
McIalwain, it is further agreed that only the contents of said
reference letter will be provided and no statements inconsistent
with said letter will be given.
5. In the event McIalwain applies for unemployment
compensation benefits, the City agrees that it will inform the
State of Washington that McIalwain' s position was eliminated.
The City further agrees that it will not in any way contest
McIalwain's application for unemployment benefits nor will it
provide the State with any information inconsistent with this
paragraph.
6. McIalwain's last day of work will be February 4, 1994 .
This document is executed in duplicate originals.
DATED this *4ht4%o day of February, 1994 .
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ALANA McIALWAIN
CITY F KENT
By:
R JI WHITE
mcrel.doc
RELEASE OF CLAIMS
KNOW ALL PERSONS BY THESE PRESENTS:
That the Undersigned, Alana McIalwain, being of lawful age,
for the consideration of TWENTY-SIX THOUSAND DOLLARS AND N01100
CENTS ($26, 000. 00) , and other terms as outlined in the Settlement
Agreement as executed by the parties on even date, does hereby
and for her heirs, executors, administrators, successors and
assigns release, acquit and forever discharge THE CITY OF KENT
("City") and its agents, employees, officers, servants,
successors, heirs, executors, administrators and all other
persons, firms, corporations, associations or partnerships of and
from any and all claims, actions, expenses and compensation,
including economic loss or emotional distress, which the
undersigned now has or may have had known or unknown on account
of actions of the City of Kent or its agents, officers, or
employees, involving any and all allegations or acts arising out
of her employment with the City. It is understood and agreed
that this settlement is the compromise of a disputed claim, and
that the payment made is not to be construed as an admission of
liability on the part of the party or parties hereby released,
and that said releasees deny liability therefor and intend merely
to avoid litigation and buy their peace.
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 (combined with the
separate Settlement Agreement) contains the entire agreement
between the parties hereto, and that the terms of this Release
are contractual and not a mere recital.
It is also understood and agreed that the City of Kent
releases Alana McIalwain from any claim, action, expense or
compensation the City of Kent now has or may have against her
arising out of her employment with the City.
THE UNDERSIGNED HAVE READ THE FOREGOING RELEASE AND FULLY
UNDERSTAND IT.
This document is executed in duplicate originals.
Signed, sealed and delivered this day of February,
1994.
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4Aan&aMencM-1wain
CITY F KENT
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By:
M or Jim White
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this day of February, 1994, before me personally
appeared Alana McIalwain, to me known to be the person named
herein and who executed the foregoing Release and she
acknowledged to me that she voluntarily executed the same.
tary Publ' c in and for t e State of
ashington, residing at _ -K
My commission expires
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this day of February, 1994, before me personally
appeared Jim White, Mayor of the City of Kent, to me known to be
the person named herein and who executed the foregoing Release
and he acknowledged to me that he voluntarily executed the same.
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tary ubl 'c in and for the State of
Washington, residing at-- ' '-
my commission expires 3 - 'r - rc:
mc ,9tu.doc