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SETTLEMENT AND RELEASE OF CLAIM FOR AND IN CONSIDERATION of the sum of One Hundred Seven Thousand Five Hundred Twenty Three and Two One-Hundredths Dollars ($107,523.02), in hand paid this day in cash, the receipt and sufficiency of which is hereby acknowledged, we, Andrew M. SCHWAM and Marilyn Fern Brennan SCHWAM, do hereby release, acquit, and forever discharge City of Moscow, Idaho, 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 any and all known and unknown property damage caused by the 1998 episode of movement of the south and east foundation walls at the Schwam's Apartments located at 211 North Peterson, Moscow, Idaho 83843 resulting from the loss of lateral and vertical support related to Idaho State Project Number STP-M-7564(005) commonly known as Street, Farm Road to Line Street, Key Number 3548, all as more fully described in the claim filed by Andrew M. Schwam and Marilyn Fern Brennan Schwam against the City of Moscow, Idaho but there is no release for any damages resulting from any failure of the system used in 1998 to halt the movement to permanently stabilize the building structure. Nothing in this Settlement and Release of Claim changes the duties and obligations of the City of Moscow, as set out in the "AGREEMENT" of 6 April 1993 between the Schwams, Kerby Cole, and the City of Moscow. It is expressly understood and agreed that payment of the sum specified herein is in full and final settlement of any and all damages caused by the 1998 movement of the Schwams' building described above, but it is the intent of the Schwams not to release the City of Moscow from responsibility for damages which might result from any future movement of the building or loss of lateral support. The undersigned assign to the City of Moscow and the City of Moscow is subrogated to any rights the Schwams have against the State ofldaho or its highway construction contractor on Project Number STP-M-7564(005) commonly known as Street, Farm Road to Line Street, Key Number 3548 which result from the 1998 movement of the Schwams' Apartments located at 211 North Peterson, Moscow, Idaho 83843. IT IS EXPRESSLY WARRANTED by us that no promtse 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. Schwam Settlement and Release of Claim Page I of 2 99-4!< ---PAGE BREAK--- APPROVED AND PAYMENT ACKNOWLEDGED ANDREW M. SCHWAM STATE OF IDAHO ) ) ss COUNTY OF LATAH) On this 23'Fay of J iA ( , 1999, before me, the undersigned, a Notary in and for said State, personally appeared An rew M. Schwam, known to me to be the person whose name 1s 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 {)Frf ci'{e ils;reunto set my hand and affixed my official seal tbe day and year hereinabove wr{en'9 · · · . : · / . - MARILYN FERN BRENNAN SCHWAM STATE OF IDAHO ) ) ss COUNTY OF LATAH ) On this day of , I u / , 1999, before me, the undersigned, a Notary in and for said State, personally appeared Mali yn Fern Brennan Schwam, 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 she executed the same for the purposes and consideration therein expressed. IN WITNESS WH,EZQJ:, I have hereunto set my hand and affixed my official seal the day and year hereinabove v,:tit'tHn:;: 1 11; - - - e ' - Schwam Settlement and Release of Claim Page 2 of2 ---PAGE BREAK--- 074899 07/23/199 Please Df.ltach Here and Retain Top Portion For Your Records T Of' MOSCOW '"\':.!'ff3E$VRER.'.S .ACCOUNT 12:! E;AST XtH P.O. BOX 9203 MOSC9'V\I• IDAHO 83843 CHECK NUMBER VENDOR 047n'lS DATE Schwam settlement St FIRST TRUST OFFICE FIRST SECURITY BANK OF IDAHO NATIONAL ASSOCIATION MOSCOW, IDAHO 63843 TOTAL THIS CHECK 92-49 1231 DATE 0 7/2 3/1 g g gAMOUNT 07/ZC>/1 ggg 1 0 7 s 2 3 . 0 2 042635 $107523.02 I!J){l\(:f AHf>UNT OF 'OI'IE • HONilRED · SEVEN THOUSAND ' ' ' ' ' ' FIVE HUNDRiiJ;:p TWENTY··THREE DOLLARS AND 02 f:ENTS ANDREW M SCHWAM & MARI FBRN BRENNAN SCHWAM, CLAIMANTS u•o t. 2b j su• I. 2 t. 1.000 b 0 28 0800 I. I. loll'