HomeMy WebLinkAboutHR1994-0175 - Original - Rose and Dirk Nelson - Settlement Agreement and Release - 05/20/1994 ORIGINAL
(DUPLICATE ORIGINALS)
SETTLEMENT AGREEMENT AND RELEASE
WHEREAS, Rose Nelson and Dirk Nelson, her husband, brought an
action in the United States District Court for the Western District
of Washington under Cause No. C93-163OWD against the City of Kent,
wherein Rose Nelson stated a variety of damages and allegations
against Kent and its agents or employees involving discrimination,
retaliation, and other civil rights violations; and
WHEREAS, the City of Kent denies all of the allegations of
wrong doing; and
WHEREAS, both parties believe that their respective positions,
concerning the above-referenced lawsuit are correct, and that they
would prevail in the event of litigation, nevertheless, both
parties desire to resolve the issues between them;
NOW, THEREFORE, Rose Nelson and Dirk Nelson, husband and wife,
individually and as husband and wife, and the City of Kent, a
Municipal corporation, do hereby enter into this Settlement and
Agreement in consideration of the mutual promises and
considerations set forth in this Agreement :
(1) Monetary Compensation.
The City of Kent promises to pay to Rose Nelson and to Dirk
Nelson, her husband, and by their signature below, they
acknowledges receipt of, the sum of $183 , 000 . 00 . This monetary
compensation is a compromise of her disputed claim for a variety of
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damages including general damages, punitive damages, back wages,
attorney' s fees, costs and miscellaneous related expenses
concerning her allegations . In addition, the City promises to pay
to Rose Nelson and Dirk Nelson, her husband, and by their signature
below they acknowledge receipt of the sum of $13 , 800 . 00 as
compensation for medical expenses incurred. In addition, the City
of Kent will "forgive" a disputed debt owed by Rose Nelson and her
husband, Dirk Nelson, to the City of Kent in the approximate amount
of $6 , 300 . 00 to reimburse the City of Kent for certain Labor &
Industry benefits provided to Rose Nelson. In addition to the
monetary compensation set forth herein, the City of Kent promises
to pay all expenses of the mediator who participated in a mediation
and assisted the parties in obtaining a settlement .
(2) Employment.
As a part of this Agreement, Rose Nelson will terminate her
employment with the City of Kent with her last day being the 4th
day of May, 1994 , and will not reapply for any employment position
with the City of Kent . Rose Nelson will , however, become an
independent contractor for the City of Kent effective the 5th day
of May, 1994 for a period of up to, but no more than, six months,
unless mutually agreed to otherwise . Rose Nelson' s work as an
independent contractor for the City of Kent will involve personnel
matters, but her work and activities will not take place at the
offices of the City of Kent . The details of the contract for
independent services by Rose Nelson are set forth in the document
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attached to this Agreement and incorporated herein by reference .
Rose Nelson will be compensated for her work as an independent
contractor in an amount up to $25, 000 , to be paid in six equal
monthly installments . Provided, however, if Rose Nelson takes
another job within this period of time or otherwise becomes
unavailable for work, payments to her by the City of Kent will stop
and her contract as an independent contractor for the City of Kent
will come to an end.
(3) Miscellaneous Matter.
As a part of this Settlement Agreement, the City of Kent
agrees to indemnify Rose Nelson and her husband, Dirk Nelson, and
hold the same harmless against any claim, suit, action or demand
against Rose Nelson for any acts done by Rose Nelson during her
employment at the City of Kent which were specifically in the scope
of her employment with the City of Kent . In addition, Rose Nelson
and Dirk Nelson, her husband, individually and their marital
community, agree to indemnify the City of Kent and hold the same
harmless against any claim, suit, action or demand by any
governmental body or taxing authority, including the federal
government or the State of Washington, asserting any claim that the
City of Kent owes a tax liability of any kind concerning the
settlement of this lawsuit .
(4) Release.
In consideration of the payment of the afore-mentioned sum,
and the other promises and obligations set forth in this Agreement,
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Rose Nelson and Dirk Nelson, her husband, individually and for
their marital community, and for their heirs, executors,
administrators, successors and assigns, hereby release, acquit and
forever discharges the City of Kent, its past, present and future :
City Council members; elected officials; executives; officers;
employees; attorneys; agents; liability insurance carriers and all
other persons, firms, corporations, associations and partnerships,
including, but not specifically limitied to, Mr. Barney Wilson and
Mr. Don Olson, of and from any and all claims, actions, causes of
actions, demands, rights, damages, costs, expenses and compensation
whatsoever, including attorney' s fees, of any kind or nature
arising from or out of her employment by the City of Kent . This
Release specifically includes any claims for attorney' s fees, for
violation of civil rights acts under Washington or federal law and
for any claim of termination, retaliation, sexual harassment or
constructive termination.
IT IS UNDERSTOOD AND AGREED that this settlement is a
compromise of a disputed claim and that the obligations incurred by
the City of Kent herein are not to be construed as an admission in
the part of the City of Kent, and the City of Kent denies
liability. Rose Nelson hereby declares that the injuries she
alleges in the lawsuit referred to above are or may be permanent
and progressive and that recovery therefrom is uncertain and
indefinite, and in making this Release it is understood and agreed
that Rose Nelson relies wholly upon her own judgment, belief and
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knowledge of the nature, extent, effect and duration of said
injuries .
The only limitation on this Release by Rose Nelson and Dirk
Nelson is in the event Rose Nelson is made a defendant in a lawsuit
brought by any current or past employee of the City of Kent, Rose
Nelson shall retain a right to bring a counterclaim against that
person in the same lawsuit, such counterclaim for damages would be
limited to the issues of that lawsuit and not for claims or damages
for which Rose Nelson has been compensated for herein.
(5) Dismissal with Prejudice.
The parties agree that upon the execution of this Agreement
and receipt of the above-mentioned monetary payment to Rose Nelson,
the dispute between the City of Rose Nelson shall be at an end and
that Rose Nelson' s attorney shall proceed to dismiss the pending
action in the United States District Court for the Western District
of Washington with prejudice . The Dismissal will provide that the
costs of litigation, including attorney' s fees, shall be borne by
the respective parties hereto.
THE UNDERSIGNED HAVE READ THE FOREGOING SETTLEMENT AGREEMENT
AND RELEASE AND FULLY UNDERSTAND IT. #I
Signed, sealed and delivered this 7-10 day of May, 1994 .
Rose Nelson
Dirk Nelson
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City of Kent
By.
Its :
STATE OF WASHINGTON )
r) ) s s :
COUNTY OF / k^ )
On this L§f day of May, 1994 , before me appeared Rose Nelson
to me personally known, and who acknowledged the execution of the
foregoing instrument as her free act and deed, for the
consideration set forth therein.
Name : Q v O '-j
NOTARY PUBLIC in and for the State
of Washington.
My Commission Expires : �S
STATE OF WASHINGTON )
ss :
COUNTY OF J A
On this 2-6 day of May, 1994 , before me appeared Dirk Nelson
to me personally known, and who acknowledged the execution of the
foregoing instrument as his free act and deed, for the
consideration set forth thereiaName :
c r.
NOTARY PUBLIC in and for the State
of Washington.
My Commission Expires : S
STATE OF WASHINGTON )
ss .
COUNTY OP'._..j
On this f �— day o� 1994 , before me appeared __.,.�
the ' r-��-t.� -'-ti , for theCity of
Kent, and who acknowledged e,./she is" duly authorized to exedute the
foregoing instrument in his/her official capacity for the City of
Kent .
NOTARY PUBLIC in and for the State
of Washington.
My Commission Expires :
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