HomeMy WebLinkAboutAD1994-0170 - Original - Robyn Bartelt - Settlement Agreement & Release of Claim - 06/22/1994 SETTLEMENT AGREEMENT
AGREEMENT by and between Robyn Bartelt (Bartelt) and City of
Kent (the City) ;
W I T N E S S E T H:
WHEREAS, Bartelt and the City hereto desire to settle the
lawsuit that is currently pending in King County Superior Court,
Cause No. 93-2-03918-2;
NOW, THEREFORE, in and for the consideration composed of the
mutual promises recited herein, Bartelt and the City agree as
follows;
1. Concurrently with the execution of this Settlement
Agreement, Bartelt and the City shall execute and deliver to each
other a Release of Claims in the form of Exhibit "A" hereto.
2. The City shall pay Bartelt the lump sum of Eighty-Two
Thousand Five Hundred Dollars ($82,500.00) . Payment shall be made
to the "Law Office of Judith A. Lonnquist". It is understood that
said sum is for personal injuries; there will be no W-2 and/or 1099
form issued by the City or its agents relating to said payment.
3. The City has reclassified Bartelt in her current position
to a level 32E, effective April 1, 1994.
4. Bartelt and the City hereto expressly acknowledge and
agree that neither this settlement Agreement nor any action taken
pursuant thereto constitutes, nor shall the same be construed to
constitute, any admission of liability or fault of any kind
1
whatsoever by Bartelt and the City (which liability or fault
Bartelt and the City expressly deny) , but is trade solely for the
purpose of terminating the disputes between them and avoiding the
further expense and distraction of litigation.
5. This settlement is in full and final settlement of all
claims against the City (but not against Barney Wilson and Yvonne
Wilson) as set forth in the Release of All Claims. it is agreed
that Bartelt will file a voluntary nonsuit without prejudice as to
Barney Wilson and Yvonne Wilson and Bartelt agrees not to institute
any lawsuit against Barney Wilson and Yvonne Wilson for claims made
in this lawsuit. However, it is understood that in the event,
Barney Wilson and/or Yvonne Wilson institute any action against
Bartelt, that Bartelt may raise any and all claims she may have
against them, including those involved in this litigation.
Date:
C yofKnt
Date: CG ;7z3
Robyn . artelt
2
R E L E A S E O F C L A I M S
KNOW ALL PERSONS BY THESE PRESENTS:
That the Undersigned, Robyn Bartelt, being of lawful age, for
the consideration of ZTGHTY TWO THOUSAND FIVE HUNDRED DOLLARS AND
NO[100 CENTS M 2 500.001 to the undersigned in hand paid, receipt
of which is hereby acknowledged, along with a reclassification to
level 32E, does hereby and for her heirs, executors,
administrators, successors and assigns release, THE CITY OF KENT,
ITS ELECTED OFFICIALS. THE WASHINGTON CITIES INSURANCE AUTHORITY•
ITS ATTORNgXS, and his, her, their, or its agents, servants,
successors, heirs, executors, administrators and all other persons
(with the sole exception of Barney Wilson and Yvonne Wilson) ,
firms, Corporations, associations or partnerships of and from any
and all claims, actions, expenses and compensation, including
economic loss, attorney's fees, medical expenses, or emotional
distress, which the undersigned now has or which may hereafter
accrue on account of actions of the City of Kent or its agents or
employees, involving any and all allegations directed toward Robyn
Bartelt by the City of Kent as set forth in King County Cause
Number 93-2-03918-2. 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
releases deny liability therefor and intend merely to avoid
litigation and buy their peace.
RELEASE OF ALL CLAIMS - 1
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 and stipulation for and order of
Partial Dismissal) contains the entire agreement between the
parties hereto, and that the terms of this Release are contractual
and not a mere recital.
In consideration of the payment of the above sum, Robyn
Bartelt agrees that she will satisfy any and all lien claims or
subrogation claims by any health care provider or any medical
insurance carrier against these settlement funds arising out of any
health care or mental health care she has received. Robyn Bartelt
agrees to indemnify the persons named in this Release and their
liability insurance carrier, and hold the same harmless against any
claim, suit, action or demand asserting a subrogation or lien claim
by a health care provider or medical insurance company.
It is also understood and agreed that the City of Kent
releases the undersigned, Robyn Bartelt from any claim, action,
expense or compensation the City of Kent now has or may have
against Robyn Bartelt arising out of the allegations as set forth
in King County Cause Number 93-2-03918-2.
THE UNDERSIGNED HAVE READ THE FOREGOING RELEASE AND FULLY
UNDERSTANDS IT.
RELEASE OF ALL CLAIMS - 2 -
Signed, sealed and delivered this n_ day of June, 1994.
CAUTION: READ BEFORE SIGNING BELOW
Roby Bartelt
Kent
STATE OF WASHINGTON )
ss.
COUNTY OF ; -j fv(az )
On this -Z-� day of June, 1994, before me personally appeared
Robyn Bar?elt, 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.
My term expires:
Notary Public
STATE OF WASHINGTON )
) ss.
COUNTY OF
On this ZZ day of June, 1994, before me personally appeared
ttuk i f t A1W-io✓t-_ , a representative of the City of Kent, to me
known to be the person named herein and who executed the foregoing
Release and she acknowledged to me that she voluntarily executed
th4 sane.
My term expires:
Notary Public
RELEASE OF ALL CLAIMS w 3 -