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HomeMy WebLinkAbout89- Mutual Release and Settlement Agreement, Cause No. DV-89-87 . '. I .' , " ' MUTUAL RELEASE AND SETTLEMENT AGREEMENT This mutual release and settlement agreement made and entered into this ~ day of July, 1989, by and between Freeman Butts, Raymond Campeau and Robert Murray (hereinafter referred to as Plaintiffs) and The city of Bozeman and the Bozeman City Commission, Al Stiff, Bob Hawks, Mary Vant Hull, Walter Martel and James Goehrung, Members of the Bozeman city Commission (hereinafter referred to as Defendants). WITNESSETH: WHEREAS, Plaintiffs have sued Defendants in Cause No. DV- 89-87, Montana Eighteenth Judicial District court, Gallatin County, entitled Freeman Butts. Ravmond Campeau and Robert Murrav v. The City of Bozeman. a Political Subdivision of the State of Montana. the Bozeman City Commission. Al stiff. Bob Hawks. Marv Vant Hull. Walter Martel and James Goehrunq. its Members. WHEREAS, the parties have reached a full and final settlement of their respective claims and wish to reduce same to writing: NOW, THEREFORE, it is agreed as follows: 1. Upon execution of this agreement, the City of Bozeman shall pay to Plaintiffs the sum of Forty-One Thousand Five Hundred Dollars ($41,500.00) in cash, in full and final settlement of all claims arising out of the Defendants' denial of a permit for construction of a foundry at that certain property owned by Plaintiffs in Bozeman, Montana, and more 1 ... j .' " " particularly described as follows: Lots 11, 12, 13, and 14 in Block 52 of the Northern Pacific Addition to the city of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. and for all claims made by Plaintiffs by virtue of their Complaint in the above-described lawsuit, Cause No. DV-89-87, Montana Eighteenth Judicial District court, Gallatin County. 2. For and in consideration of receipt of the foregoing sum, the Plaintiffs do hereby forever release all Defendants, their officers, agents, employees, representatives, and all other persons or entities acting by or through them, from any and all claims for costs or damages or other relief arising out of the denial of the construction permit above-referenced and arising out of any other event or matter addressed in the complaint in Cause No. DV-89-87, whether known or unknown, whether presently existing or to arise in the future, including, but not limited to, all claims made, or which could have been made, by them in the above-styled litigation, which litigation the Plaintiffs hereby authorize their attorney to dismiss, with prejudice, as fully settled on its merits. 3. For and in consideration of the foregoing release of all claims by the Plaintiffs, and the other terms and conditions set forth herein, the Defendants do hereby release the Plaintiffs, their officers, agents, employees, representatives, assigns, and all other persons or entities acting by or through them, from any and all claims or costs or other relief arising 2 .ol . l , out of all transactions between the parties regarding the above-described property, and arising out of said lawsuit, Cause No. DV-89-87, Montana Eighteenth Judicial District Court, Gallatin County, whether known or unknown, whether presently existing or to arise in the, future, including, but not limited to, all claims made, or which could be made, by it in the above- styled litigation, which litigation the Defendants hereby authorize their attorney to dismiss, with prejudice, as fully settled on its merits. 4. This agreement is given in settlement and compromise of disputed claims, and to avoid the costs of protracted litigation and risks of an adverse or unsatisfactory judgment. Therefore, the payments and releases given hereunder are not to be construed as an admission of liability on the part of either party. 5. This release and settlement agreement is entered into in the state of Montana and shall be construed and interpreted in accordance with its laws. 6. Each party shall be responsible for and bear all of its own costs heretofore expended to prosecute or defend this litigation. 7. All parties agree and understand that the lot in question may not be used for purposes of a foundry. 8. The above-described property shall continue to be the property . of Plaintiffs and they may use such property in any lawful way. 3 .-- -- ,...-- ~._- .' . . . . . J ' 9. This agreement contains the entire agreement of the parties. 10. This agreement shall inure to and be binding upon the heirs, personal representatives, successors and assigns of the respective parties hereto. 1l. This agreement may be signed in one or more counterparts, each of which shall constitute an original. L17 DATE: DATE: d- ~('0l\-'" ~~ 7/2-i/ r9 DEFENDANTS: DATE: THE~EMAN J . I By: ' 2 L ~~ Title: - l"V\~. DATE: 7h~/~f THE BOZEMAN CITY COMMISSION ./ Br: ~/ ~ ~fif/ T.tle: /'l"'7" .. 4 .'..w, r '".'_ - - ,~.'. . . ... .. '. ....... -.. . ' . JUl . 4 _ . .. , ",. JAMES H. GOETZ . ' . AREA CODE 406 WilliAM L MADDEN. JR, TELEPHONE 587.0618 THEODORE R DUNN' BRIGITTE M. ANDERSON JIM W. VOGElE GOETZ, MADDEN & DUNN, P.C. FAX PHONE NUMBER -"OMITT!:C! IN "'ONT"'NJ. ANO ...1....111(,. ATTORNEYS AT lAW 14061 587-5144 35 NORTH GRAND BOZEMAN. MONTANA 59715 July 24, 1989 Bruce E. Becker Bozeman city Attorney 411 East Main P.O. Box 640 Bozeman, MT 59771-0640 RE: Butts, Campeau & Murray v. City of Bozeman, et al. Dear Bruce: Enclosed is the original Mutual Release and settlement Agreement executed by my clients, Freeman Butts, Raymond Campeau and Robert Murray. Please obtain the appropriate signatures for the city of Bozeman and Bozeman City Commission and send me a conformed copy. Sincerely, ~DDEN & DUNN, P.C. /~ Jjlmes H. Goetz JHG:nks Enclosure .~