HomeMy WebLinkAbout97- Bodio Settlement Agreement
;
.
.
..
SETTLEMENT AGREEMENT
THIS AGREEMENT is made and entered into this 17th day of November, 1997, by and
between STEPHEN BOOla, by and through the firm of Cok, Wheat & Brown, whose mailing
address is 108 W. Babcock, Bozeman, Montana, hereinafter referred to as "Claimant" and the
CITY OF BOZEMAN, a Montana municipal corporation, whose mailing address is P.O. Box
640, Bozeman, Montana.
SECTION ONE
PURPOSE
This agreement is made as a compromise between the parties for the complete and final
settlement of their claims, differences, and causes of action with respect to the dispute described
below.
SECTION TWO
STATEMENT OF DISPUTE
Claimant obtained a monetary judgment against City in the following criminal cause:
Montana District Court, Eighteenth Judicial District, Gallatin County Cause No. DC-96-90.
Claimant asserts the district court's imposition of sanctions was legally authorized and proper. City
denies any liability to claimant and asserts the district court made a mistake of law or willfully
disregarded the law and relevant facts by imposing a sanction for discretionary actions on the part
of the City which resulted in a punitive award granted to a criminal defendant. An appeal based on
the above-stated judgment has been tiled and is now pending in the Supreme Court of Montana,
entitled State of Montana, City of Bozeman, plaintiff and appellant, v. Stephen Bodio, defendant and
respondent, and identified as Docket No. 96-642.
The parties desire to reach a full and final compromise and settlement of all matters and all
caUSt;;S of action arising out of tht;; facts and claims as sei fOlin.
SECTION THREE
TERMS OF SETTLEMENT
In consideration of the mutual covenants set forth, the parties agree as follows:
A. CITY agrees to pay to claimant the sum of $4,220.50, to be paid on or before November 30,
1997.
B. Claimant agrees that, upon receipt of the sum of $4,220.50, all claims, demands, rights, and
Page 1 of 4
.
t
.,
causes of action that claimant has or may have against CITY with respect to the
above-described dispute are satisfied, discharged, and settled.
C. CITY agrees that all claims and demands that CITY has or may have against claimant with
respect to the above-described dispute are satisfied, discharged, and settled.
D. Claimant, in consideration for payment of the above sum, fully and forever releases and
discharges City, City's officers, employees, and attorneys from any and all actions, claims,
causes of action, demands, or expenses for damages, whether asserted or unasserted, known
or unknown, foreseen or unforeseen, arising out of the described cause.
r- It is unctcrstooJ that the above-mentioned sum is accepted as the sole consideration for full
L.
satisfaction and accord to compromise a disputed claim, and that neither the payment of the
sum by City nor the negotiations for settlement shall be considered as an admission of
liability. By entering into this agreement the City neither acknowledges now nor in the future
its liability or the District Court's authority to sanction a prosecutor for discretionary acts or
to impose conditions on the City's right of appeal, and in fact denies and continues to deny
such.
F. Claimant represents that no additional claims related in any manner to the above-described
dispute and settlement of such dispute are contemplated against City.
G. City stipulates and agrees that City's attorney of record shall dismiss with prejudice, as fully
settled on the merits, the above-described appeal. Each party shall pay their respective costs
and attorney fees associated with that appeal.
1-1. Claimant has carefully read the foregoing, discussed its legal effect with Claimant's attorney,
understands thc contents thereof, and signs the same of Claimant's own free will and accord.
In witness whereof, the parties have executed this agreement on the day and year first above
written.
CLAIMANT
By:
I, ~ attorney for Claimant, have explained to my client all the
terms ofth. yc as represented to me that all the terms and their signiticance
are lmderst signed this agreement on my advice.
Page 2 of 4
.
.
"
..
CITY OF BOZEMAN
, i
: \
BY-:~~;~,: Johnson, City Manager
ATTEST:
~~~~
Ro In L. Sullivan
Clerk of Commission
STATE OF MONTANA )
) ss.
County of Gallatin I )
.l~'L
On this /1'117 day of >:klX",'/..['( _ , 1997, before me, the undersigned, a
Notary Public for the State of Montana, personally appeared CLARK V. JOHNSON and ROBIN
L. SULLIVAN, known to me to be the City Manager and Clerk of Commission, respectively, of
the City of Bozeman and the persons whose names are subscribed to the within instrument, and
acknowledged to me that they executed the same for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year firsLabove written.
"- -
- );
(SEAL)
~dtej ___ U CA.- '---
otary Public for the State of Me-RtRf!ft _ f< M _
-- Residing at Bozeman ---::=:::::
My Commission Expires t ',o.J!;E
_.--/~/ )
ST A TE OF-New Mexico
County of ~ ) ss.
)
On this -7 day of ~~k-, 1997, before me, the u~dersigned, a
Notary Public for the State of New exico, personally appeared ~ >~~.L.-....(J,
known to me to be the person whose name is subscribed to the ithin Instrument, and
acknowledged to me that he executed the same for and on his own behalf.
Page 3 of 4
.
.. ,
>
..
I-
-.;;
IN WITNESS WHEREOF, I have hereunto set my hand and at fixed my Notarial Seal the
day and year first above written.
(SEAL)
Y,7~S-
Page 4 of 4