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HomeMy WebLinkAbout4673 Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments Contract Number 4673 GUERRERO, RAYMOND Release Settlement & Hold Harmless Legal LGL File Class LEG 12-1 $8000.00 11/05/2007 11/05/2007 02/15/2009 GL $ AL $ E&O $ Insurance Total $ Insurance Review Date Vault 01/01/2009 RELEASE, SETTLEMENT AND HOLD HARMLESS AGREEMENT For the consideration of eight thousand dollars ($8,000.00), paid by the City of Bremerton, receipt of which consideration is acknowledged, Raymond Guerrero (hcreinafter "Releasor") releases and forever discharges Kevin Long, personally and in his official capacity as a Bremcrton Police Officer, and his marital community, and the City of Bremcrton, and its employees, agents, insurers, attorneys, and assigns, and all other entities and persons, from all claims, expenses, attorney's fees, causes of action and suits of any kind or nature Releasor has or may later have on account of, or in any way arising out of, or related to the facts alleged or that could have been alleged resulting from the incident, accident, casualty or events alleged by plaintiff in United States District Court Western District of Washington Cause No. C06- 5536JKA and from any and all claims, past, present, and future, whether or not so alleged, and whether presently known or unknown, which may have arisen or may later arise out of, or be related to those events. Releasor understands and recognizes that the future course of present damages cannot be predicted with certainty. Releasor assumes the risk that the claimed damages may worsen in the future and/or that new damages that are not known may develop. Releasor acknowledges that his information regarding the claims made is sufficient to enter into this Agreement. Execution of this Agreement is not to be construed as an admission of liability or responsibility on the part of any party hereto. The parties released expressly deny liability for such claims. Regardless of the adequacy of the above consideration, the acceptance of this release shall not operate as an admission ofliability on the part of the persons released. The Releasor warrants that no other person or entity has or has had any interest in the claim or causes of action referred to in this Agreement, and that he has the sole right and exclusive authority to execute this Agreement and receive any sums specified in it. The Releasor warrants that any liens or encumbrances placed on his claim or any entity with a subrogation interest will be satisfied from the proceeds of this settlement. The Releasor shall defend, indemnify and hold harmless the parties released should any other person claim to have an interest in the claims and injuries described in this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof All prior negotiations, agreements, representations, warranties or other matters of like or any other nature shall be of no further force or effect and are superseded by this Agreement. In the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof, the remainder of the Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. This Agreement shall be construed and interpreted pursuant to Washington law and any controversy or interpretation hereof shall be by state courts of Washington. The captions SETTLEMENT AGREEMENT - I " throughout this Agreement are for convenience and reference only and shall not be held to expand, modify, amplify or aid in the interpretation, construction or meaning of this Agreement. The undersigned Releasor hereby declares that the terms of this Agreement have been completely read and are fully understood and voluntarily accepted. The undersigned further declares that he has been given a full and fair opportunity to consider this Agreement, know that this Agreement releases potentially unknown claims and/or claims about which they have limited knowledge. ~eY 4?~~ /!-Cl)--(/;? Ra ond Guerrero Date SUBSCRIBED AND SWORN to before me this 6'" :a;of ~+ 2007. NOTARY LIC it the State ofWashi~ Residing at: t.-t..., jJ 0 . MYC~~EXPires: ~~ td--Og:' Name.. 1) Y Co AI- . SETTLEMENT AGREEMENT - 2