HomeMy WebLinkAbout01- Carlson, Patricia K.; Carlson v. City of Bozeman
SETTLEMENT AGREEMENT AND RELEASE
PARTIES: 1. PATRICIA K. CARLSON
2. CITY OF BOZEMAN, MONTANA
DESCRIPTION OF CASUALTY: Claims pending Carlson v. City of Bozeman,
Montana Eighteenth Judicial District Court, Gallatin
County, Cause No. DV-99-251
SUM OF SETTLEMENT: Sums as reflected below.
1. Release~ Consideration
In consideration for the promises contained herein, Carlson fully and forever releases and
discharges the City of Bozeman, as well as its Commissioners, attorneys, directors, employees,
officers, successors, and assigns (hereafter, "the City") from all claims and liability still pending
in the lawsuit, for any claim for money damages or for recovery offees or costs based upon the
claims which were asserted in the lawsuit and for settlement of the lawsuit, and for any claims
and liability arising out of consideration and passage of Bozeman Municipal Ordinance No.
1490, except as provided in paragraph 3, below. The release specifically includes Carlson's
claim for costs anJ attorney fees.
In consideration for this release, the City shall pay to Carlson the sum of THIRTY FOUR
THOUSAND DOLLARS ($34,000), reciept of which Carlson hereby acknowledges.
2. Stipulation for Dismissal With Preiudice
All of the parties hereto shall, through counsel, stipulate to immediate dismissal, with
prejudice, of the lawsuit, with each party to bear her or its own costs and fees.
3. Non-Waiver of Judicial Powers and Rights~ Reservation
Notwithstanding any other provision of this Release, the parties understand that the
Bozeman Municipal Court (the "Court") can not and does not release or waive any right or
power, and does not abrogate any responsibility, which it has or may have under the
Constitution or statutes of the United States or under the Constitution or statutes of the State of
Montana. Thus, the Court is not limited in its ability to exercise any right or power of the Court
necessary or appropriate to allow it to carry out its judicial function in accordance with all
applicable constitutional and statutory requirements and principles, even ifthe exercise ofthat
right or power implicates or is related to Municipal Ordinance Number 1490.
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Further, the release herein does not include any claim which Carlson has or may have
regarding her level of salary or benefits, past, present or future.
4. Warranty of Capacity: Indemnification
Carlson warrants and represents that no other person has any interest in the claims,
demands, obligations, or causes of action pending in the lawsuit; that she has the sole right and
exclusive authority to execute this Release and to receive the sum specified in it; and that she
has not sold, assigned, transferred, conveyed, created a subrogated interest, or otherwise
disposed of any of the claims, demands, obligations or causes of action pending in the lawsuit.
Carslon shall forever defend and indemnify the City from any expense, claims, demand
or cause of action arising as a result of the breach of the foregoing warranty.
5. No Admission of Liability.
It is understood that the above-mentioned payment is accepted as the sole consideration
for full satisfaction and accord to compromise disputed claims, and that neither the payment nor
the negotiations for settlement shall be considered as admissions ofliability, which is expressly
denied.
6. Comprehension
Carlson represents that she has read and understood this Release, and that she signs it
voluntarily and upon the advice of legal counsel.
7. Further Documents
Each party shall execute such further documents, and take such further acts, as may be
necessary to effectuate the terms of this Release.
8. Effectiveness
This Release shall become effective immediately upon execution by Carlson and receipt
by Carlson or her attorney of the payment reflected above.
9. Governing Law
Montana law shall govern the interpretation, construction, and enforcement of this
Agreement.
CARLSON-CITY I SETTLEMENT AGREEMENT Page 2
Dated this ~day 0
STATE OF MONTANA )
: 55.
County of Gallatin )
On this re~daY~ 200 I, before me, a Notary Public of the Stale of Montana,
personally appeared Patrie arlson, known to me to be the person who signed this instrument,
and acknowledged to me that she executed the same
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the
day and year in this certificate first above writte
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APPROVED AS TO FORM:
CARLSON-CITY I SETTLEMENT AGREEMENT Page 3