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HomeMy WebLinkAboutLenk Release and Settlement Agreement_, RELEASE AND SETTLEMENT AGREEMENT THIS RELEASE AND SETTLEMENT AGREEMENT is entered into this i day of 142Zv=i, 2014 between the City of Pasco, Washington ( "City "), and Roger Erich Lenk ( "Lenk "). WHEREAS, Lenk filed a public records lawsuit against the City of Pasco/Rebecca Francik/Saul Martinez in Franklin County, Washington, Cause No. 13-2-50112-3; and WHEREAS, Judge Mendoza, at the October 9, 2013, hearing, made verbal rulings dismissing the above - referenced case; and WHEREAS, the parties have agreed to enter a final order resolving all issues arising out of this dispute. NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as follows: 1. The City waives its claim for statutory attorney fees. 2. Lenk waives his right to appeal the Court's ruling and final order in the above - referenced case. 3. The parties will execute an Agreed Order of Dismissal to be entered and filed in Franklin County Superior Court. A copy of the Order is attached hereto as Exhibit A. 4. Lenk, on behalf of himself, agents, heirs, assigns and successors in interest, releases and discharges the City and the City's officers, members, employees, representatives, agents and assigns from any and all claims, liabilities, causes of action, damages, losses, demands or obligations, including but not limited to attorney fees and Court costs, of every kind and nature, related to, based upon, or arising out of the above - referenced legal action; and accepts as full and final satisfaction of all such claims the mutual covenants described in this Agreement. The agreement shall benefit third parties Francik and Martinez. 5. By entering into this Agreement, both parties expressly acknowledge that there is no admission of liability on behalf of either party except as specifically provided herein and that this Agreement is the result of a negotiated compromise and settlement. 6. This Agreement settles, waives, releases, and forever bars any and all claims and actions at law by either party, or their successors, heirs, or assigns arising out of the above - referenced matter, except as provided herein. 7. Each signatory hereto represents and warrants that all necessary signatures and consents to enter into this Agreement, and to assume and perform the obligations hereunder, have been property obtained. Release and Settlement Agreement - I 8. Each term and provision of this Agreement is deemed to have been explicitly negotiated at arm's length between the parties and in all cases, shall be construed and interpreted according to the fair meaning and not strictly for or against either parry, and without reference to who might have drafted the term. 9. This Agreement is entered into and shall be construed and interpreted in accordance with the laws of the State of Washington. 10. This Agreement embraces and includes the entire agreement between the parties and may not be changed except in writing signed by all parties. 11. This Agreement may be executed in counterparts. Each counterpart shall be deemed an original, all of which taken together shall be one and the same instrument. This Agreement shall become effective upon execution of the counterpart by each party and delivery to the other party. THIS IS A RELEASE. IN WITNESS WHEREOF, the parties have duly executed this Agreement on the date designated above: App ved as to Form: Leland B Cerr, City rn Release and Settlement Agreement - 2 ROGER ERICH LENK Roger Erick Lenk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 '. 0 r_;1 SUPERIOR COURT OF THE STATE OF WASHINGTON COUNTY OF FRANKLIN ROGER ERICH LENK Plaintiff, VS. CITY OF PASCO, a Washington Municipal Corporation; REBECCA FRANCIK, in her capacity as Mayor Pro Tem and Council- Member for the City of Pasco; and SAUL MARTINEZ, in his capacity as Council- Member for the City of Pasco Defendant. No. 13- 2- 50112 -3 ORDER OF DISMISSAL (AGREED) THIS MATTER having come before the Court on October 9, 2013, the Plaintiff, Roger Erich Lenk, proceeding pro se; and the Defendants, City of Pasco, Rebecca Francik and Saul Martinez, having been represented by their attorney of record, Patrick J. Galloway of Kerr Law Group; the Court having considered the briefs and affidavits filed by the parties; the files and records contained herein; and having heard oral argument regarding the issues, does hereby make the following Findings of Fact and Conclusions of Law: 1. This matter properly came before the Court, and the Court had jurisdiction, pursuant to RCW 42.5 6.5 5 0(3). ORDER OF DISMISSAL - I EXHIBIT KERR Lf IV GROUP 7025 WE GRANDRIDGE BOULEVARD, SUITE A KEN WICK, WASHINGTON 99336 -7724 Dun (509) 735- 1542/FAX (509) 735 -0506 N1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 f 2. The City conducted an adequate search for records under Public Records Request (PRR) #491 and #517. No violations of the Chapter 42.56 RCW were committed. 3. PRR #548 is still open and subject to a reasonable estimate of time for production established in previous litigation. Any claims brought under PRR #548 are not ripe for adjudication. PRR #548 is not due to be complete until 2016. 4. The parties have agreed to this order confirming the Court's ruling at the October 9, 2013 hearing, and have further agreed to waive and forego appellate review. NOW, THEREFORE, based on the foregoing Findings of Fact and Conclusions of Law, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 1. All claims arising out of PRR #491 and 4517 are dismissed with prejudice. 2. Because claims arising out of PRR #548 are not ripe, all claims arising out PRR #548 are dismissed without prejudice. 3. Costs and attorney fees are not awarded to either party. 4. The current scheduling order and all pending hearings are stricken. DATED this ; day of January, 2014. JUDGE /CO1+dIhYfSKO1Q= EL' RUNGE Presented By: KERR LAW GROUP Au—f a4� Patrick J. Galloway, WSB 439345 Attorney for Defendants. I ORDER OF DISMISSAL - 2 Approved as to Form Notice of Presentment Waived: Telephonically Approved Roger Erich Lenk, Plaintiff KERR LA TV GROUP 7025 WEST GRANDRIDGE BOULEVARD. SUITE A KENNEWICK, WASHINGTON 99336 -7724 PHONE (509) 735- 1542/FAX (509) 735 -0506