SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (the “Agreement”), dated as of February 22, 2019 (the “Effective Date”), is made by and between, on the one hand, (a) James Egan (“Egan”) and, on the other hand, (b) Sally Bagshaw (“Bagshaw”) and (c) Michael O’Brien (“O’Brien”). Each of the above is a “Party” and they are collectively referred to herein as “the Parties.” RECITALS A. Egan has asserted certain claims in the matter captioned Egan v. City of Seattle, et al., which is presently pending in King County Superior Court as a consolidated action bearing Case No. 18-2-14942-8 SEA (the “Lawsuit”). B. The parties now wish to resolve certain claims in the Lawsuit as set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties hereby agree as follows: AGREEMENT 1. Statement of Purpose This Agreement is for the purpose of resolving, compromising and settling any actual or potential issue, claim or dispute between the Parties arising out of or relating to the Lawsuit. The Parties have agreed to settle and compromise as set forth herein, and are satisfied that the terms and conditions of this Agreement are fair, adequate and reasonable. 2. 3. Payment 2.1 No later than ten (10) business days following the Effective Date, the City of Seattle shall make payment to Egan in the amount of One Thousand Dollars ($1,000.00) (the “Payment”). 2.2 The Payment shall be payable to “Connelly Law Offices, PLLC in trust for James Egan” and shall be delivered to Egan c/o his counsel: Lincoln C. Beauregard, Connelly Law Offices, PLLC, 2301 North 30th Street, Tacoma, WA 98403. Stipulated Dismissal The Parties shall promptly submit a Stipulation and Order for Dismissal in substantially the form attached hereto as Exhibit A. 4. Release and Waiver of Fees 4.1 Egan does hereby fully, finally and forever release, acquit and discharge Bagshaw and O’Brien, and their respective marital communities, heirs, beneficiaries, assigns, and lawyers and law firms (each a “Releasee” and collectively the Settlement Agreement 1   “Defendant Releasees”) of and from any and all manner of actions, causes of action, suits, damages, rights, claims, demands, reimbursements, expenses, agreements, promises, liens, judgments or liabilities of any nature whatsoever, at law or in equity, known or unknown, asserted or unasserted, contingent or otherwise that are based in whole or part on any act or omission from the beginning of time through the date of this Agreement, that Egan has, or which may hereafter accrue, on account of, arising out of, or in any way related to: the Lawsuit, including the subject matter, the asserted claims, or any claim that could have been asserted therein. Releasees other than the signatories are intended third-party beneficiaries of the release stated herein. 4.2 5. Egan agrees that he shall not request, and may not receive, attorneys’ fees or costs in the Lawsuit, pursuant to statute or otherwise, (a) for any work solely relating to Bagshaw and/or O’Brien, or (b) with respect to the dismissal provided for hereby. No Admission of Liability This Agreement does not constitute and shall not be construed as an admission of liability. Neither any consideration provided hereunder nor the grant of any release shall be considered an admission by or against any Party or Releasee, and no past or present wrongdoing on the part of the Parties or any Releasee shall be implied by consideration, release, or this Agreement. 6. Miscellaneous Provisions 6.1 Each Party represents that no other person or entity has, or has had, any interest in the claims, demands, obligations or causes of action referred to in and released pursuant to this Agreement; that each Party has the authority to execute this Agreement; and that each Party has not sold, assigned, transferred, conveyed or otherwise disposed of, by operation of law or otherwise, any of the claims, rights, demands, obligations or causes of action referred to in this Agreement. 6.2 In entering into this Agreement, no Party has made any representations or warranties, and no Party has relied upon any representations or warranties, other than those representations and warranties as may be expressly stated in this Agreement. 6.3 Each Party represents and acknowledges that she or he has read this Agreement, has had adequate opportunity to consult with her or his legal counsel regarding this Agreement, is satisfied that the terms and conditions are fair, adequate and reasonable, and fully understands and agrees to its terms. 6.4 This Agreement shall be binding upon and inure to the benefit of the Parties and their legal representatives, heirs, beneficiaries, administrators, executors, successors and assigns. Settlement Agreement 2   6.5 If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. 6.6 This Agreement may not be changed, amended, modified, terminated, waived or discharged except in a subsequent written agreement signed by all of the Parties hereto. 6.7 This Agreement has been negotiated by the Parties and each Party has had opportunity to consult with her or his respective counsel and this Agreement shall be interpreted fairly in accordance with its terms and without any strict construction in favor of or against any of the Parties. 6.8 When fully executed, this Agreement will be effective as of the Effective Date. This Agreement may be executed in counterparts (including facsimile and/or email/PDF) that, taken together, will be effective as if they were a single document. 6.9 This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to principles of conflicts of laws, as applicable to agreements made and to be performed entirely within Washington. The prevailing party in any action arising from or relating to this Agreement shall be entitled to reasonable attorneys’ fees and costs. 6.10 This Agreement sets forth the entire agreement and understanding between the Parties concerning the subject matter set forth herein, and merges all prior discussions between them, concerning its subject matter. None of the Parties is bound by any conditions, definitions, warranties, understandings, agreements, or representations, whether written or oral, with respect to such subject matter other than as expressly provided in this Agreement. [remainder of page intentionally left blank; signature page follows] Settlement Agreement 3 IN WITNESS WHEREOF, the Parties have executed this Settlement Agreement effective as of the Effective Date provided for herein. SALLY BAGSHAW MICHAEL O'BRIEN Settlement Agreement 4 IN WITNESS WHEREOF, the Parties have executed this Settlement Agreement effective as of the Effective Date provided for herein. kaA,J SALL BAGSH W JAMES EGAN MICHAEL O'BRIEN Settlement Agreement 4 IN WITNESS WHEREOF, the Parties have executed this Settlement Agreement effective as of the Effective Date provided for herein. JAMES EGAN BAGSHAW Settlement Agreement 4 Exhibit A The Honorable Timothy A. Bradshaw 1 2 3 4 5 6 7 SUPERIOR COURT FOR THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING 8 9 10 11 12 13 14 15 JAMES EGAN, individually, NO. 18-2-14942-8 SEA (Consolidated) Plaintiff, v. STIPULATION AND [PROPOSED] ORDER OF DISMISSAL OF CERTAIN CLAIMS CITY OF SEATTLE, a Washington municipal corporation, SALLY BAGSHAW, BRUCE HARRELL, MICHAEL O’BRIEN, and LORENA GONZALEZ 16 17 18 19 Defendants. ARTHUR WEST, Plaintiff, 20 21 22 23 24 25 26 27 v. SEATTLE CITY COUNCIL, CITY OF SEATTLE, LISA HERBOLD, BRUCE HARRELL, KSHAMA SAWANT, ROB JOHNSON, DEBORA JUAREZ, MIKE O’BRIEN, SALLY BAGSHAW, TERESA MOSQUEDA, LORENA GONZALEZ, Defendants. Peter S. Holmes Seattle City Attorney 701 5th Avenue, Suite 2050 Seattle, WA 98104-7097 (206) 684-8200 I. 1 2 STIPULATION In the matter Egan v. City of Seattle, et al., No. 18-2-14942-8, Plaintiff and Defendants, 3 by and through their respective undersigned counsel of record, hereby stipulate and agree as 4 follows and pursuant to CR 41(a)(1)(A): 5 1. Plaintiff James Egan voluntarily dismisses all claims for personal liability and 6 civil penalties as against Defendants Sally Bagshaw and Michael O’Brien, pursuant to RCW 7 42.30.120 or otherwise. 8 9 10 11 12 13 14 15 16 17 18 2. Plaintiff James Egan voluntarily dismisses Defendants Sally Bagshaw and Michael O’Brien as a parties to this lawsuit. 3. The dismissals provided for herein are with prejudice and without an award of attorneys’ fees or costs to any party. RESPECTFULLY SUBMITTED this ___th day of February, 2019. CONNELLY LAW OFFICES, PLLC By s/Lincoln C. Beauregard [email authorization] Lincoln C. Beauregard, WSBA #32878 Julie A. Kays, WSBA #30385 2301 North 30th Street Tacoma, WA 98403 Telephone: (253) 593-5100 Email: lincolnb@connelly-law.com Email: jkays@connelly-law.com 19 Attorneys for Plaintiff James Egan 20 21 22 23 24 25 26 27 STIPULATION AND ORDER OF DISMISSAL OF CERTAIN CLAIMS - 1 Peter S. Holmes Seattle City Attorney 701 5th Avenue, Suite 2050 Seattle, WA 98104-7097 (206) 684-8200 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Peter S. Holmes Seattle City Attorney By s/Peter S. Holmes Peter S. Holmes, WSBA #15787 Gary Smith, WSBA #29718 Assistant City Attorney Seattle City Attorney’s Office 701 Fifth Ave., Suite 2050 Seattle, WA 98104 Telephone: (206) 684-8200 Email: pete.holmes@seattle.gov Email: gary.smith@seattle.gov Email: michael.ryan@seattle.gov SAVITT BRUCE & WILLEY LLP By s/David N. Bruce David N. Bruce, WSBA #15237 Stephen C. Willey, WSBA #24499 Michele L. Stephen, WSBA #39458 1425 Fourth Avenue Suite 800 Seattle, Washington 98101-2272 Telephone: (206) 749.0500 Email: dbruce@sbwLLP.com Email: swilley@sbwLLP.com Email: mstephen@sbwLLP.com 17 Attorneys for Defendants 18 19 20 21 22 23 24 25 26 27 STIPULATION AND ORDER OF DISMISSAL OF CERTAIN CLAIMS - 2 Peter S. Holmes Seattle City Attorney 701 5th Avenue, Suite 2050 Seattle, WA 98104-7097 (206) 684-8200 II. 1 2 3 4 ORDER Based on the foregoing stipulation by the named parties, all of whom have appeared, and in accordance with CR 41(a)(1)(A): 1. Plaintiff James Egan’s claims for personal liability and civil penalties as against 5 Defendants Sally Bagshaw and Michael O’Brien, pursuant to RCW 42.30.120 or otherwise, are 6 hereby dismissed. 7 2. 8 9 10 Defendants Sally Bagshaw and Michael O’Brien are hereby dismissed as parties to this lawsuit. 3. The dismissals provided for by this Order are with prejudice and without an award of attorneys’ fees or costs to any party. 11 It is so ORDERED. 12 Dated: , 2019. 13 14 Judge / Court Commissioner 15 16 17 18 19 20 21 22 23 24 25 26 27 STIPULATION AND ORDER OF DISMISSAL OF CERTAIN CLAIMS - 3 Peter S. Holmes Seattle City Attorney 701 5th Avenue, Suite 2050 Seattle, WA 98104-7097 (206) 684-8200