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MUTUAL RELEASE AND SETTLEMENT AGREEMENT THIS MUTUAL RELEASE AND SETTLEMENT AGREEMENT ("Agreement" ) , made and entered into this day of April, 1998, by and between TIMOTHY L. DAULTON and ROBERTA A. RADAVICH, husband and wife ("Daulton" ) , and CITY OF MOSCOW ("Moscow"); W I T N E S S E T H: WHEREAS, Daulton has filed a Complaint against Moscow as Case No. CV 97-00313 in Latah County, Idaho; WHEREAS, the respective parties desire to settle their differences and said lawsuit as hereinafter set forth; NOW, THEREFORE, for and in consideration of the terms and conditions and mutual promises and covenants hereinafter set forth, the parties hereto agree as follows: 1. RELEASE. The undersigned parties hereby release, acquit and forever discharge each other of and from any and all actions, causes of actions, damages or demands of any kind or nature, costs, expenses, whether known or unknown, either in law or in equity, arising out of or connected with Moscow's electrical and plumbing codes, the application of those codes to Daulton's nonresidential property(ies) , and Moscow's decision to apply those codes to nonresidential properties, and that certain lawsuit identified as Case No. CV 97-00313 in the District Court of the Second Judicial District of the State of Idaho, in and for Latah County. It is specifically understood and agreed that no party shall appeal any decision made by the District Court, for it is the intent of the parties that they buy their complete peace with this settlement. 2. PAYMENT. Moscow agrees to pay to Daulton the sum of $2,000.00 in settlement of all of Daulton's claims against Moscow concerning the matters set forth in Paragraph 1 hereof. 3. DISMISSAL. The parties ag§,ee that their attorneys will enter into a stipulation for the dismissal of the lawsuit with prejudice with each party to bear its respective attorney fees and costs. 4. SETTLEMENT. This Agreement is not to be interpreted as an admission of any liability or debt on the part of any party hereto, for all of the undersigned deny liability and intend merely to avoid litigation and buy their peace through this Agreement. MUTUAL RELEASE AND SETTLEMENT AGREEMENT, Page 1 ---PAGE BREAK--- 5. PRIOR AGREEMENTS. This Agreement supersedes all prior agreements, understandings and discussions between the parties hereto concerning any of the matters contained herein. Any such prior agreement, understanding or discussion between the parties hereto concerning any of the matters contained herein, whether in writing or otherwise, shall have no force or effect upon and after the date of the execution of this Agreement. The parties declare and represent that no promises, inducements or agreements not herein expressed have been made concerning any of the matters contained herein. This Agreement contains the entire agreement of the parties, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein, shall be of any force or effect after the execution of this Agreement. IN WITNESS WHEREOF, the parties hereto have hereunto set their haads the day and year i'irst above written. APPROVED AS TO FORM: SHERI L. RUSSELL Attorney for "Daulton" s "Moscow" TIMOTHY L. DAULTON ROBERTA A. RADAVICH CITY OF MOSC . OW :f2 By'¨ . © ª MUTUAL RELEASE AND SETTLEMENT AGREEMENT, Page 2 ---PAGE BREAK--- STATE OF IDAHO ) ) ss. County of )ft-- On the day of April, 1998, before me, the undersigned, a notary public in and for said State, personally appeared TIMOTHY L. DAULTON and ROBERTA A. RADAVICH, husband and wife, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. STATE OF IDAHO ) ) ss. County of ) Notary Public orIdho Residence: C ommi s s ion On the day of April, 1998, before me, the undersign a »btaYu P9lic ndnd for said State, personally appeared rnxJnown or identified to me to be the person whose name is subscribed to the within instrument on behalf of City of Moscow, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. No ary Public f?:r Idah9 Residence: 11 j(p {-IJ;-v Commission E-xp-';iLr es:c7 ¢£-¤u¥llij¦) MUTUAL RELEASE AND SETTLEMENT AGREEMENT, Page 3