HomeMy WebLinkAbout97- Bouldin Settlement Agreement and Release
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SETTLEMENT AGREEMENT AND RELEASE
THIS SETfLEMENT AGREEMENT AND RELEASE is entered into between GL YNDA
BOULDIN and the CITY OF BOZEMAN, hereinaftcr rcfcrred to as "CITY".
GlyndaBouldin has asserted e1aims in the Eighteenth Judicial District Court, Gallatin
County, Montana against the City in an action entitled Glynda Bouldin vs City of Bozeman,
Cause No. DV 96-319. The partics desire to enter into this Scttlement Agreement and Release.
(Jlynda Bouldin, in consideration of the paymcnt of the sum of One Thousand Scvcn
Hundrcd Ninety Nine and No/lOO Dollars ($1,799.00) to her in hand paid, and other good and
valuablc consideration, rcceipt of which is acknowledged, does hereby and for hcr heirs,
executors, administrators, successors and assigns, completely, finally and irrevocably agrcc to
release, acquit and forever discharge the City, its agents, its employees, departments and officials
from any and all claims, actions, causes of action, demands, rights, judgmcnts, damages, costs,
liability, attorney's fees, and compensation of any kind, for wages earned to the datc of
separation, Scptember 20, 1996, resulting from the actions of the City which gavc risc to the
aforementioncd cause of action, to include all claims and demands of any type arising from the
handl i ng and settlemcnt of this matter. Glynda Bouldin furthcr agrees to dismiss the above-
rcferenced case with prejudice.
Thc parties further agree that the consideration of$1,799.00 shall be considcred payment
of penalty and costs and therefore not rcported to the State of Montana or the IRS as W2 wages
or 1099 income to Glynda Bouldin. No withholding shall be taken from thc paymcnt.
The parties mutually agree that thcir counsel shall take whatcvcr action is necessary to
dismiss thc action, with prcjudice, to include entering into any stipulation. The parties furthcr
undcrstand and agree that this settlement is a compromise of a doubtful and dispute claim in
litigation and this agreement, and thc performance thereundcr, is not to be construed as an
admission of liability on the part of eithcr party, their insurers, agents, scrvants, cmployecs or any
other person released hereby by whom liability is expressly denied. Glynda Bouldin
acknowlcdgcs that the City specifically denies any liability and is participating in this agreement
to resolve this dispute without further litigation.
Thc parties further state that they have carefully read the foregoing Settlement Agrccment
and Release and know thc contents thereof and that the parties have signed the samc as a free at
aftcr consulting with their counsel. This Settlcmcnt Agreement contains thc cntirc agreement
betwecn thc parties with rcgard to the matters sct forth herein and that there are no other
undcrstandings or agreemcnts, verbal or otherwisc, in relation thereto, between the parties cxcept
as hcrcin expressly set forth above.
UOllldin Sdlklll~nt Agrccmcnt Page I
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This Agreement is binding upon the parties, their agents, successors and assigns.
SIGNED, Sealed and Delivered this il~day of ~997.
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lynd Bouldin '
CITY OF BOZEMAN
By L4-'-"'F-
Ron Brey '_', --,
Acting City Managc
ATTEST:
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Robin L. Sullivan
Clerk of Commission
STATE OF MONT ANA )
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County of Gallatin )
On this 2.?...... day of~ 1997, before mc, the undersigned, a Notary Public for
the Statc of Montana, personally appearcd GLYNDA BOULDIN, known to me to be the person
whose name is subscribed to the within instrument and acknowledgcd to me that shc executed
the same.
IN WITNESS WHEREOF, I have hereunto sct my hand and affixed my Notarial Seal the
day and ycar first above writtcn.
(SEAL) ___m~~, ~{"_-,_'-fJ---".,"";
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Notary Public for thc State of
Montana Residing at Bozcman
My Commission Expires If If j -r '(
Uouldin Settlement Agn:crnent Page 2
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STA TE 0[" MONT ANA )
) ss.
County of Gallatin )
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On thiSol'.9yt1 day of Hllrdr 1997, before me, the undersigned, a Notary Public for the
State of Montana, personally appeared RON BREY and ROBIN L. SULLIVAN, known to me
to be the Acting City Manager and Clerk of Commission of the City of Bozeman and the persons
whose names are subserihed to the within instrument, and acknowledged to me that executed the
same fiJf an 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 first above written.
(S EAL) v;J ,/
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Notary Public for the State of
Montana, residing at Bozeman
My Commission Expires If)' /J' 99._
Bouldin Settlement Agrcement Pagc 3