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SETTLEMENT AGREEMENT AND RELEASE 1bis Settlement Agreement and Release (the "Settlement Agreement" or "Release") is made and entered into this day of May, 1999, by and between: fi e "Claimant" ROBERT MICHAEL MAGYAR »»Defendant" CITY OF MOSCOW, IDAHO Recitals A Claimant, Robert Michael Magyar, claims that property damage bas occurred at 20 l North Main, Moscow, Idaho 83843, from one or more flooding events on or about June 27 and June 28, 1996. Claimant alleges that property damage at 20 l North Main, Moscow, Idaho 83843 arose out of certain alleged negligent acts or omissions of Defendaut, City of Moscow, Idaho, dumig his ownership of such property and bas made or could make a claim seeking monetary damages on account of all property damage at that location caused by Defendaut and expenses incurred by Claimant as a result of such acts or omission by Defcndaut B. The parties desire to enter into this Settlement Agreement in order to provide for certain payments in full settlement and discharge of all claims which have, or might be made, by reason of the incident described in Recital A above, upon the terms and conditions set furth below. Agreement The parties agree as follows: l . 0 Release and Discharge l.l In consideration of the payments set forth in Section 2, the receipt of which Claimant acknowledges Claimant hereby completely releases and forever discharge Defendaut from any and all past, present or future claims, demands, obligations, actions, causes of action, wrongful death claims, rights, damages, costs, losses of services, expenses and compensation of any nature whatsoever, whether based on a tort, contract or other theory of recovery, which the Claimant now has, or which may hereafter accrue or otherwise be acquired, on account of, or may in any way grow out of the incident(s) described in Recital A above, including, without limitation, any and all known or future wrongful death claim of Claimant's representatives or heirs, which have resulted or may result from the alleged acts or omissions of Defendaut. 1.2 1bis release and discharge shall also apply to Defendant's past, present and future officers, directors, attorneys, agents, servants, representatives, employees, subsidiaries, affiliates, partners, predecessors and successors in interest, and assigns and all other person, forms or corporations with whom any of the former have been, are now, or may hereafter be affiliated. L3 1bis release, on the part of the Claimant, shall be a fully binding and complete settlement among the Claimant, the Defendaut, and its heirs, assigns and successors. l . 4 The Claimant acknowledges and agrees that the release and discharge set forth above is a general release. Claimant expressly waives and assumes the risk of any and all claims for damages which exist as of this date, bnt of which the Claimant does not know or suspect to exist, whether through ignorance, oversight, error, SETTLEMENT AGREEMENT AND RELEASE PAGEl OF 3 99-32 ---PAGE BREAK--- negligence, or otherwise, and which, if known, would materially affect Claimant's decision to enter into this Settlement Agreement. The Claimant further agrees that Claimant has accepted pa)ment of the sums specified herein as a complete compromise of matters involving disputed issues of law and fact. Claimant assumes the risk that the facts or law may be other than Claimant believes. It is understood and agreed to by the parties that this settlement is a compromise of a doubtful and disputed claim, and the payments are not to be construed as an admission of liability on the part of Defendant, by whom liability is expressly denied. 2.0 Payment In consideration of the release set forth above, Defendant agrees to pay to Claimant the total sum of one thousand, eight hundred six and thirty-one one hundredths dollars ($1806.31) which payment is in addition to sums paid prior to the execution of this Agreement. 3.0 Attorney's Fees Each party hereto shall bear all attorney's fees and costs, if any, arising from the actions of its own counsel in connection with this Settlement Agreement, the matters and documents referred to herein, and all related matters. 4. 0 Representation of Comprehension of Document In entering into this Settlement Agreement, Claimant represents that the tenns of this Settlement Agreement have been completely read and that the tenns of this Settlement Agreement are fully understood and voluntarily accepted by Claimant. 5.0 Warranty of Capacity to Execute Agreement Claimant represents and warrants that no other person or entity has, or has had, any interest in the claims, demands, obligations, or causes of action referred to in this Settlement Agreement, except as otherwise set forth herein; that Claimant has the sole right and exclusive authority to execute this Settlement Agreement and receive the sums specified in it; and that Claimant had not sold, assigned, transferred, conveyed or otherwise disposed of any of the claims, demands, obligations or causes of action referred to in this Settlement Agreement. 6.0 Governing Law 1bis Settlement Agreement shall be construed and interpreted in accordance with the laws of the State ofldaho. 7. 0 Additional Documents All parties agree to cooperate fully and execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the basis tenns and intent of this Settlement Agreement. 8.0 Entire Agret-ment and Successors in Interest 1bis Settlem½'llt Agreement contains the entire agreement between Claimant, and Defendant with regard to the matters set forth in it and shall be binding upon and enure to the benefit of the executors, administrators, personal mpresentative, heirs, successors and assigns of each. SETTLEMENT AGREEMENT AND RELEASE PAGE 2 OF 3 ---PAGE BREAK--- 9. 0 Effectiveness Tills Settlement Agreement shall become effective immediately following execution by each of the parties. Date STATE OF IDAHO COUNTY OF LATAH ) ACKNOWLEDGMENT ) ) ss. 'fl. .:f'u 1'1 <«Mi:l "Yt,re. On th1s -t!f,J999, before me, a Notary Pubhe m and for smd State, appeared._J