Henry Scott Holte 12/21/2017 - Laserfiche WebLink

SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (the "Settlement Agreement") is entered into as of the 21st day of December, 2017, between Henry Scott Holte, for himself individually and his marital community, ("Plaintiff') and the City of Everett ("Everett," and together with Plaintiff the"Parties" and each a"Party"). 1. Recitals. A. Plaintiff has alleged that on or about April 12, 2013, he slipped and fell on a metal utility cover near the intersection of Wetmore Avenue and Hewitt Avenue in Everett,Washington(the "Incident"). B. On or about June 10, 2014, Plaintiff submitted a Tort Claim Form to Everett regarding the Incident, City Clerk Claim No. D050-14 (the "Claim Form"). C. On or about February 5, 2015, Plaintiff filed a lawsuit regarding the Incident against Everett, Wilder Construction Company, a subsidiary of Granite Construction, Inc., a Delaware corporation, and Unknown John Does 1-5 (collectively, the "Defendants"), in the Superior Court of the State of Washington in and for The County of Snohomish, styled Scott Holte vs. City of Everett, et al., Cause No.: 15-2- 02220-1 (the "Lawsuit"). D. The Parties desire to end their dispute and resolve all claims asserted in the Claim Form or the Lawsuit,or otherwise related to the Incident. NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties,the Parties agree to be legally bound by the following terms and conditions: 2. No Admission of Liability. Nothing herein shall constitute an admission by Everett as to any assertion, claim, or allegation made by Plaintiff. Everett specifically denies any wrongdoing or liability. This Settlement Agreement is entered by the Parties to avoid incurring expenses from any lawsuit and does not imply or suggest in any way fault or wrongdoing. The Parties agree that this Settlement Agreement and any and all associated negotiations, documents, and discussions, shall not be deemed or construed to be an admission or evidence of any violation of any statute or law, or of any liability or wrongdoing by Everett, or of the proper scope of liability under any statute or law. 3. Settlement Payment. Within 30 days after this Settlement Agreement is executed by all of the Parties, Everett shall cause to be made a one-time payment of seventy-five-thousand dollars ($75,000.00) to the Cogdill Nichols Rein Wartelle Andrews client trust account(the"Settlement Payment").