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SETTLEMENT AGREEMENT 3)- <br /> ,/,, U + <br /> THIS SETTLEMENT AGREEMENT is entered into this l(, - `day of July, 2016, by and <br /> between the following parties: <br /> A. The City of Everett, a municipal corporation; and <br /> B. Brenda Kennedy, Plaintiff. <br /> This Agreement is entered into for the purpose of settling certain claims between the City of <br /> Everett and Brenda Kennedy, as such terms are defined herein, which claims were asserted or <br /> could have been asserted in lawsuit as defined below or claims based on any Public Records Act <br /> (PRA)request as defined below. <br /> 1. Definitions. <br /> a. City. "City" means the City of Everett, a municipal corporation, its <br /> successors, departments, assigns, agents, current and former councilmember, employees, <br /> officers and attorneys. <br /> b. Plaintiff. "Plaintiff'means Brenda Kennedy. <br /> c. Lawsuit. "PRA Lawsuit" means all Claims brought in Snohomish County <br /> Superior Court Cause No. 16-2-14635-31. <br /> d. Claims. "Claims" shall encompass all claims, causes of action related to <br /> any PRA requests made by or on behalf of the Plaintiff, including all claims included in <br /> the lawsuit and any claims based on any PRA request made prior to the effective date of <br /> this agreement. Nothing in this agreement is intended to limit the Plaintiff's rights to <br /> make future PRA requests. <br /> e. PRA Requests. "PRA Requests" refer to any PRA requests by Plaintiff or <br /> on Plaintiff's behalf prior to the effective date of this agreement, including but not limted <br /> to the requests included in the Lawsuit. <br /> 2. Releases: Dismissal of PRA Lawsuit. <br /> a. Release of Claims. Plaintiff expressly releases and shall be deemed to <br /> have forever discharged the City from any and all Claims, as defined above, including <br /> any Claims based on the Lawsuit and any PRA requests. It is hereby agreed that this <br /> Agreement is a compromise and a full settlement, accord and satisfaction of all Claims <br /> and PRA Requests. <br /> b. Proceedings in the PRA Lawsuit: The Parties agree that as part of this <br /> Settlement Agreement that they will execute a Stipulation and Order of Dismissal of All <br /> Claims, in the PRA Lawsuit with prejudice and each party responsible for its own costs. <br /> KENNEDY/CoE SETTLEMENT AGREEMENT-1 of 3 <br />