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HomeMy WebLinkAbout97- Flack Settlement Agreement and Release , : ; , : " REClFfVED JUL 2 1997 .~ SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release is entered into by and between RONALD D. FLACK, and CITY OF BOZEMAN, hereinafter referred to as the Released Party. 1. RELEASE RONALD D. FLACK, for and in consideration of the payment of the sums hereinafter set forth, does hereby completely, finally, and irrevocably release and forever discharge the Released Party, their agents, attorneys, employees, successors, personal representatives, heirs, assigns, and indemnitors, none of whom admit any liability to RONALD D. FLACK, and all of whom deny any liability from any actions, causes of action, suits, controversies, claims, damages, and demands of any and every name and nature whatsoever arising out of that accident that occurred on or about the 16th day of May, 1995, at the intersection of North Church Avenue and East Lamme street, Bozeman, County of Gallatin, State of Montana, as a result of which accident RONALD D. FLACK suffered personal injuries. RONALD D. FLACK acknowledges full satisfaction of all such claims, demands, causes of action, and actions against the Released Party. RONALD D. FLACK declares and represents that in entering into this Settlement Agreement and Release, RONALD D. FLACK relies wholly on his own judgment, belief, and knowledge as to the nature of his damages. RONALD D. FLACK specifically represents that he releases all claims for damages of any type, including those that may be unknown at the present time. RONALD D. FLACK hereby waives SETTLEMENT AGREEMENT AND RELEASE Page 1 (In!c'~''^, ; I ,.". . , , . . any right to assert in the future any claim not now known or suspected, even though if such claims were known, such knowledge would materially affect the terms of this Settlement Agreement and Release. RONALD D. FLACK hereby reserves the right to prosecute any and all claims, demands, causes of action, and actions against Ernst Home center, Inc. , a Delaware corporation, arising out of injuries sustained by RONALD D. FLACK at the Bozeman, Montana, Ernst Home Center on september 8, 1994. By executing this settlement Agreement and Release, RONALD D. FLACK and the Released Party acknowledge that RONALD D. FLACK has not been fully compensated for the injuries incurred in the accident that occurred on or about the 16th day of May, 1995, in that said accident aggravated injuries RONALD D. FLACK sustained at the Bozeman Ernst Home Center on September 8, 1994, which injuries had not healed prior to the accident of May 16, 1995. 2. DISMISSAL OF LAWSUIT Concurrently with the execution and delivery of this Settlement Agreement and Release, RONALD D. FLACK has caused a civil action in the Montana Eighteenth Judicial District Court, Gallatin County, entitled RONALD D. FLACK v. CITY OF BOZEMAN AND JANEEN BLYTHE, and being Cause No. DV-95-226, to be dismissed with prejudice. RONALD D. FLACK shall take nothing in said action and each party thereto shall bear their own costs and attorney's fees. The specifications of the particular accident and the above cited action at law shall not operate to diminish the comprehensive SETTLEMENT AGREEMENT AND RELEASE Page 2 , , ." . . character of this settlement Agreement and Release, which is intended to be total and comprehensive and is intended to be a discharge of all claims and demands that RONALD D. FLACK has arising from the above specified accident or that hereafter may result or develop from any such claim, matter, or thing that is against the Released Party. 3. PAYMENT TO RONALD D. FLACK The amount of the settlement agreed to be paid to RONALD D. FLACK by the Released Party is $35,000. Concurrently with the execution and delivery of this Settlement Agreement and Release, RONALD D. FLACK and his attorney have received the sum of $35,000 from the Released Party, receipt of which is hereby acknowledged. 4. WARRANTY OF CAPACITY TO EXECUTE AGREEMENT RONALD D. FLACK represents and warrants that no other person or entity has, or has had, any interest in the claims, demands, obligations, or causes of action referred to in this Settlement Agreement and Release; that RONALD D. FLACK has the sole right and exclusive authority to execute this Settlement Agreement and Release and to receive the sum specified in it; and that RONALD D. FLACK has not sold, assigned, transferred, conveyed, or otherwise disposed of any of the claims, demands, obligations, or causes of action referred to in this Settlement Agreement and Release. 5. ENTIRE AGREEMENT AND SUCCESSORS IN INTEREST This Settlement Agreement and Release contains the entire agreement between RONALD D. FLACK and the Released Party and its respective attorney with regard to the matters set forth in it and SETTLEMENT AGREEMENT AND RELEASE Page 3 . , . . , . . . . . shall binding upon and inure to the benefit of their executor, administrators, personal representatives, heirs, successors, and assigns of each. 6. CONSTRUCTION BY MONTANA LAW This Settlement Agreement and Release is entered into in the State of Montana and shall be construed and interpreted in accordance with the laws of the State of Montana. 7. REPRESENTATION OF COMPREHENSION OF DOCUMENT In entering into this Settlement Agreement and Release, the parties represent that they entered into this agreement with the advice of legal counsel and that the terms of this settlement Agreement and Release have been completely read by them and that those terms are fully understood and voluntarily accepted by them. 8. ADDITIONAL DOCUMENTS All parties agree to cooperate fully and execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Settlement Agreement and Release. 9. EFFECTIVENESS This Settlement Agreement and Release shall become effective immediately upon execution by all of the parties. 10. HOLD HARMLESS AGREEMENT RONALD D. FLACK agrees to hold the Released Party absolutely harmless of and from any liability, cost, or expense arising from any claim, suit, or demand made by any health care provider, SETTLEMENT AGREEMENT AND RELEASE Page 4 . : -; , . ~ . < . ' . hospital, physician, surgeon, subrogated governmental entity, or insurance company for care provided to RONALD D. FLACK for any injuries or damages caused or in any way related to the accident as specified hereinabove. In the event any such claim of any kind is made, RONALD D. FLACK authorizes the Released Party to employ such counsel and make such expenditures as in his sole discretion seems advisable and specifically agrees to pay all reasonable costs therefore. The parties hereto have read this Settlement Agreement and Release, know its contents, and have signed the same of their own free act upon the advice of their counsel. IN WITNESS WHEREOF, the parties have herein set their hands this ~ay of June, 1997. ,1~~ /J.~k>> RONALD D. FLACK APPROVED AS TO FORM AND CONTENT ;;~L C ~ S HEN C. POH , At orney for Ronald F. Flack SETTLEMENT AGREEMENT AND RELEASE Page 5