11/08/2018 18:31 5035135210 OFFICE DEPOT ,141fivy Simpson v. City ofSeattle andEdward Itiurram PAGE KCSC Cause #: 18-2-11403-9 SEA SETTLEMENT AGREEMENT ANT) RELE.ASE This Settlement Agreement and Release of All Claims (hereinafter "Settlement Agreement") is entered into by Plaintiffieftley Simpson ("Simpson"), Defendant Edward Murray, an individual, and Defendant City of Seattle the "City") (collectively, the "Parties"), This Settlement Agreement shall bind and benefit the predecessors, successors, assigns, parents, subsidiaries, affiliated entities, officers, officials, directors, agents, attorneys, underwriters, spouses, insurers and employees of said individuals and entities. Mr. Murray and the City and their predecessors, successors, assigns, parents, subsidiaries, affiliated entities, officers, officials, directors, agents, attorneys, underwriters, spouses, insurers and employees shall collectively be referred to as the "Released Parties." Mr. Murray and the City shall collectively be referred to as the "Defendants." This release and discharge shall also apply to Defendants' past, present and future officers, attorneys, agents, servants, employees and assigns. RECITALS; 1. Simpson has asserted claims against the Defendants as alleged in King County (Washington) Superior Court, Cause No. 18-2-11403-9 SEA (the "Complaint"), arising from events occurring on or about the dates identified therein; 2. The Parties have yet to incur significant litigation 3. The Parties wish to settle and compromise disputed claims, and costs in this matter; desire to resolve the disputes between them by this Settlement Agreement releasing any claims that Simpson may have against Released Parties that arose after November 1, 2013 and prior to date of execution of this Settlement Agreement and Release. 4. Neither this Settlement Agreement nor payment by the City is an admission of liability, and are made primarily for the purpose of avoidance by the Parties of the uncertainties and inconveniences and expenses of litigation; 5. The Parties and their respective counsel have arrived at the settlement amount hereunder through anus-length negotiations; SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS - Page 1 06/08 11/08/2018 18:31 5035135210 OFFICE DEPOT PAGE 08/08 JeraySimpson v, Cily ofScatila and Edward Murray, KCSC Cause it: I 8-2-11403-9 SEA 6. The Parties agree that this settlement is not contingent upon a judicial determination of reasonableness, and the parties to this Settlement Agreement consider the settlement amount to be reasonable considering all the circumstances, including, but not limited to, the following: a, the extent to which evidence has been or is likely to be developed establishing liability with regard to the Defendants; b. legal defenses available to the Defendants; c. the time remaining before trial; d. the avoidance of costs and expenses; c. the Washington Tort Reform Act of 1981, RCW 4,22.001 et seq., as amended, and the express legislative intent to foster settlements thereunder; and f. the desire of the Parties to bring an end to the disputes between them. NOW, THEREFORE, it is hereby agreed as follows: , In consideration of the payment to Simpson by the City in the total amount of SEVENTY-FIVE THOUSAND DOLLARS and 00/100 ($75,000.00),Simpson' hereby releases and forever discharges the Released Parties from any and all claims known and unknown Simpson may have against them as of the date of this Settlement Agreement based on claims that arose after November 1, 2013 and prior to the date of execution of this agreement, including but not limited to any claim or liability relating to the events alleged in the Complaint and as set forth in other pleadings in this action that occurred on or after November 1,2013. Simpson further covenants and agrees that he will never, by reason of any matter or cause which may OCCIlr, institute suit or action at law or otherwise execute any judgment against the Released Parties, or institute and/or prosecute any claim or action for damages, costs, loss of service, support or consortium, expenses, or compensation for or on account of any damage, loss, or injury to their person, property, or both, whether developed or undeveloped, relating to Simpson's claims and alleged injuries and damages as set forth in the Complaint based on events that occurred or are alleged to have occurred between November 1, 2013 and the date of execution of this agreement. Payment will be mode within 30 days of the later of (1 ) the entry of a stipulated order of dismissal, dismissing with prejudice and without cost to any party SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS - Page 2 11/08/2018 16:31 5035135210 OFFICE DEPOT PAGE .101ivy Simpson v. City of Seattle and Edward Murray; KCSC Cause*: 184-11403-9 SEA all claims asserted in the Complaint, (2) the delivery of an executed copy of this document to all parties, and (3) a completed W-9 form with payee information, 2. Simpson understands that all tax consequences and tax reporting obligations are solely Simpson's responsibility. 3. All Parties will be bound by the terms of this Settlement Agreement. 4. Simpson assumes all risks, chance or hazard that any alleged damages as a result of the events alleged in the Complaint and any other related claims may be or become permanent, progressive, greater or more extensive than is now known, anticipated or expected. Simpson understands that this settlement is intended to forever eliminate any further or additional claims at issue arising after November 1, 2013 and before the date of execution of this agreement. No promise or inducement which is not herein expressed has been made to Simpson and, in executing this Settlement Agreement Simpson does not rely upon any statement or representation made by any person, firm or corporation hereby released or any agent, or any other person representing them, or any of them, concerning the nature, extent or duration of said damages or losses or the legal liability therefor. 5, This Settlement Agreement is further intended to forever bar any and all claims that the Parties and their insurers may have made regarding the claim at issue. All Parties, on their own behalf and on behalf of others including their insurers, forever release and waive any additional claims, including subrogation, indemnification, cross-claims, and counter-claims, arising out of or related to the facts alleged in the Complaint and other pleadings. 6. Each party hereto shall bear its own attorney's fees and costs arising from this Complaint, 7. After execution of this Settlement Agreement the City shall circulate a stipulated dismissal of the entirety of this action, the other Parties will review and sign and such stipulation and this action will be dismissed with prejudice and without costs to any party, and the Parties shall thereafter cause the stipulated dismissal to be presented to the King County Superior Court for entry. 8. All Parties state that they have carefully read the foregoing release, and know the contents thereof. SETTLEMENT AGREEMENT AND RELEASE OF ALL. CLAIMS - Page 3 07/08 11/08/2018 18:31 5035135210 OFFICE DEPOT PAGE 05/08 ,10ey Simpson v, City of Seatilc and F.:a'ivard Murray: KCSC Cause It: 18-2-11403-9 SEA 9. This release contains the ENTIRE SETTLEMENT AGREEMENT between the parties hereto, and the terms of this release are contractual and not a mere recital. 10. All Parties have had the opportunity to review and modify this agreement, and no party shall be considered the primary author for purposes of any future disagreement regarding this agreement, 11. DATED this This agreement may be signed in counterparts. 7 day of 2018 DATED this I , day of t iOLL 2018 City of By: 0 ity Attorney Attorney , WSBA # 15787 fir Defendant City qfSeattle EDWARD MURRAY SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS - Page 4