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SETTLEMENT AND RELEASE OF CLAIM WHEREAS, Len and Fern Bielenberg (hereinafter "Bielenberg") and City of Moscow, Idaho (hereinafter "CITY"), have reached an agreement wherein CITY shall pay to Bielenberg Six Hundred Ninety Six and Forty Three One-Hundredths Dollars ($696.43) without admitting fault, negligence, or responsibility for Bielenberg's claims, in exchange for a full and final release of all Bielenberg's claims related thereto; NOW WHEREFORE, FOR AND IN CONSIDERATION of the payment of Six Hundred Ninety Six and Forty Three One-Hundredths Dollars ($696.43) agrees as follows: FOR AND IN CONSIDERATION of the payment of Six Hundred Ninety Six and Forty Three One-Hundredths Dollars ($696.43), in hand paid this day, the receipt and sufficiency of which is hereby acknowledged, Bielenberg does hereby release, acquit, and forever discharge CITY, its agents, servants, employees, officers, directors and attorneys whether named herein or not, all and each of them, of and from any and all actions, causes of actions, claims and demands, damages, costs, loss of services, expenses and compensation on account of or in any way growing out of claims against CITY for personal injury and damages claimed to be related to a trip and fall on the 21st day of October, 2005. It is expressly understood and agreed that the receipt of the above-described Six Hundred Ninety Six and Forty Three One-Hundredths Dollars ($696.43) is in full and final settlement of any and all claims, demands, damages, costs, loss of services, expenses, causes of action and compensation, and the like, on account of or in any way growing out of the claims Bielenberg has or could have against CITY related to personal injury and damages related to a trip and fall on the 21" day of October, 2005. IT IS EXPRESSLY WARRANTED by Bielenberg that no promise or inducement has been offered except as set forth herein; that this Settlement and Release of Claim is executed without reliance upon any statement or representation of any person or parties released or their representatives concerning the nature and extent of the injuries, damages and/or legal liability therefor; and that acceptance of the consideration set forth herein is in full accord and satisfaction of all disputed claims as set out above. Nothing in this Settlement and Release of Claim shall be considered as an admission of fault, negligence or responsibility for Bielenberg's claims or potential claims. WITNESS MY HAND on this I S(±it day of April, 2005. Approved And Receipt Of Six Hundred Ninety Six and Forty Three One-Hundredths Dollars ($696.43), Acknowledged: City of Moscow, Idaho Bielenberg Fern Bielenberg BIELENBERG SETTLEMENT AND RELEASE OF CLAIM PAGE 1 OF2 2005-17 ---PAGE BREAK--- ATTEST: Len Bielenberg t On this /if day of 1 / , 2005, before me, the undersigned, a Notary in and for said State', personally iif;tiared Fern Bielenberg, known to me to be the person whose name is subscribed to the foregoing instrument, who, after being by me duly sworn, on oath stated that she has read the above and foregoing Release and Settlement of All Claims and acknowledged to me that she executed the same for the purposes and consideration therein expressed. IN WITNESS WHEREO/-.I't set my hand apd affixed my official seal the day and year heremabove wntte · · · " i :'NOTARy . \ = : / -'x.J - • - • - • $ _ : C : : Jqot/try Public J? 1 e)it1of l<;laho · PUBLI 0 a Residing at I l u.::x v w I J <5'b • • • • • • · · X' , My commission explfes: C/1! f 0 7 OF \OI" I; ' , , , , , , , STATE OF IDAHO ) ) ss COUNTY OF LATAH ) A , On this f ft. day of fflVI / , 2005, before me, the undersigned, a Notary in and for said State, personally appeared Len Bielenberg, known to me to be the person whose name is subscribed to the foregoing instrument, who, after being by me duly sworn, on oath stated that he has read the above and foregoing Release and Settlement of All Claims and acknowledged to me that he executed the same for the purposes and consideration therein expressed. IN WITNESS WHEREOF, I !\'\ve\hoceun}o set my hand Jl'ld affixed my offjl;ial seal the day and year hereinabove written. ,''0-\.lfl:I.E_ .L€'vv 1 j 1 , • · . . • . /15' ' { / / ' [ ./NOTARy\. /M£4,,tf[1/?tj.A.A,/J : _ • _ : yNgtary PubheWstate of ldho : R:e' s·d· at ' .r 1 · . . PUBLIC : 1 mg . . 1 . My commiSSIOn explfes:_--'-Lf..'-L,LY.-,f. • . • • • • • • 0 . OF 10c . 'if! 11\\\ B!Ll.FSBERG A>.iD RE!FASEOF CLAIM PAGE20F2