HomeMy WebLinkAboutRelease of Claims Agreement by Cal & Joanna BishopRELEASE OF CLAIMS
~:~1 ~~ ~~~ IVii=:I~I~IAI'~.
THIS RELEASE, executed this 30th, day of June, 2004, by Cal Bishop and
Joanna Bishop, whose address is 1038 W. Crestwood, Meridian, Idaho 83642 hereinafter
refereed to as "Releasors," and City of Meridian, Idaho and the Meridian Police Department,
hereinafter referred to as "Releasee."
WITNESSETH:
WHEREAS, Releasors are the owners of real property at 1038 W. Crestwood,
Meridian, Idaho which was damaged when Meridian Police Department employees made a
forced entry into the house in order to make an arrest on February 2, 2004; and
WHEREAS, Releasors have made claims against Releasee; and
WHEREAS, Releasors and Releasee have now agreed to settle these disputes
in all matters between them relating to or arising out of the damage to the residence at 1038
W. Crestwood, Meridian, Idaho, up to the date of the execution of this Release of Claims and
which might arise in the future; and
WHEREAS, the parties now wish to confirm and memorialize their settlement
of all claims and disputes between them relating to this matter;
NOW, THEREFORE, Releasors covenant and agree as follows:
1. Releasors' Release. In consideration of the amounts to be paid
hereunder and other valuable consideration, receipt of which is hereby acknowledged,
Releasors, for themselves, their heirs, successors, assigns, attorneys, agents and
representatives, hereby forever release and discharge the City of Meridian and the Meridian
Police Department, and their heirs, successors, assigns, legal representatives, agents and
attorneys (collectively referred to as "Released Parties"), from any and all claims, causes of
action, damages, liabilities, expenses, fees and costs, which Releasors ever had, now have, or
may have in the future claim to have had against the Released Parties for any losses, injuries
RELEASE OF CLAIMS -Page 1 of 5
or damages, whether anticipated or unanticipated, resulting from, arising out of, or connected
directly or indirectly with the incident of February 2, 2004, up to the date of this agreement,
including but not limited to, negligence, breach of contract; breach of any covenant or duty
of good faith and fair dealing; violation of any statutory or administrative rules, regulations
or codes; fraud of any nature, including consumer fraud; interference with prospective
advantage; conspiracy; intentional infliction of emotional distress; negligent infliction of
emotional distress; misrepresentation of any kind; or any other claims sounding in tort;
claims for breach of contract; and including claims for punitive or consequential damages,
and attorney fees; and all allegations, express and implied, that were or could have been
asserted against Releasee.
2. Payment. Consideration of the promises and releases contained in this
agreement, and in full and final settlement of all claims Releasors may have or could have
against any of the Released Parties, as set forth in paragraph 1 of this agreement, Releasors
will receive the sum of One Thousand Four Hundred Twenty-two and 52/100 Dollars
($1,422.52) in lieu of all other sums which are or might be payable by Releasee to Releasors.
3. Not an Admission. Releasors recognize that any payments or
agreement made pursuant to this agreement are not an admission by any of the Released
Parties of liability or responsibility for, or the correctness of, all claims that were asserted by
Releasors.
4. Confidentiality of this Agreement. Releasors expressly agree that they
and their agents will not, at any time, directly or indirectly, except as expressly authorized in
writing by Releasee, publicize, divulge, or disclose to any person, entity, or media
representative, the amount of this settlement, except that the Releasee or Releasors or their
agents may disclose the fact of this settlement, and may further disclose this agreement and
the payment under this agreement to any governmental authorities to whom disclosure is
required by law, and Releasors may disclose to their legal financial advisors and accountants
to the extent necessary to receive professional advice, and then only if such persons are
RELEASE OF CLAIMS -Page 2 of 5
expressly made aware of this confidentiality provision and agree to be bound hereby ,
notwithstanding being obligated by law or professional ethical standards to maintain the
confidentiality of such information.
5. Actions Against Releasee. Releasors agree never to commence,
prosecute, or cause to be prosecuted against Releasee, any complaint, suit or proceedings
based on a claim, demand, cause of action, damage or liability which is being released in this
agreement.
6. Indemnity. Releasors agree to indemnify the Released Parties and to
hold them harmless from all expenses and costs, including reasonable attorney's fees,
incurred by the Released Parties in their defense of any claims brought by Releasors, brought
on their behalf, or brought by any third party after the date of this agreement, regarding the
subject matter described in paragraph 1 of this agreement.
7. Breach. If Releasors breach the terms of paragraph 5 of this agreement,
Releasee shall be entitled to take such action as is deemed necessary, including but not
limited to, seeking injunctive relief, and further shall be entitled to recover damages and
reasonable attorney's fees.
8. Ownership of Claims. Releasors represent and warrant to the Released
Parties that they are authorized and entitled to sign this agreement, and that they own and
have not sold, pledged, hypothecated, assigned or transferred the claims being released
herein, and Releasors agree to indemnify and hold the Released Parties harmless from any
such claim that may be asserted against the Released Parties by any other person or entity
regarding the subject of this agreement.
9. Careful Review of Agreement and Understanding of Release.
Releasors represent that they have carefully read this agreement and understand its terms and
conditions without reservation. Releasors acknowledge that they have had ample
opportunity to consult with legal counsel of their choice regarding this agreement, have not
relied on any representations or statements of the Released Parties or their counsel with
RELEASE OF CLAIMS -Page 3 of 5
EXECUTED the day and year first above written.
STATE OF IDAHO
County of Ada
ss:
On this jy- day of 2004, before me, the
undersigned, personally appeared Cal Bi op, own or identified to me to be the person
whose name is subscribed to the within instrument, and acknowledged to me that he
executed the same.
,,,~~o~~nnugr~,i
,~e.~~ ASS eo S®A g ~~e1 ~~i~,i
~+~ sa g~ ~ a~~ ~~
r ~ ~ d O ~ ~
~ ~ ~.'- ; , ~r ~ r
E
(SEAL) ~ ~ L ' ~x . ~~ ~t ~ a
.® ~, ~.
•~P~i-~ 1a ~L' O ~ q~ ~O~e,,,
pv "~®.
~~'~~rHr 1 /~~9r®,
STATE OF IDAHO
ss:
County of Ada )
Notary Public f o
My commission expires: S v
On this ~ day of ~ 2004, before me, the
undersigned, personally appeared Joanna isho ,known or identified to me to be the person
whose name is subscribed to the within instrument, and acknowledged to me that she
executed the same.
o,,~~.,...r~ ~. r..T.TL,,/~.~
~ •
a ~~'®°' . ~ n'~AR
a
~ ® a-~,:~ ~,k
(SEAL)
;, ~ a-~JT;y,,> ~
oo-~T~ ~~e. ~,•
,r~rregrmro~~~e~,
Notary Public f Idah
My commission expires: ~ S a'b' U
RELEASE OF CLAIMS -Page 5 of 5
r-------------------------
I
N
M I
W I
I I
I
~ I
I ~ I
~ ~I p I
I I
I
I~ ~ I
O ~ 0
r'~ ~ N I
I ~ ~ ~
o ' ~° d
Z~ ~ s~
I •l~y ~ H I
I ~ .~ I
O I ~ ~ j I
O I
I ~ ~ O d I
~ I / I
O)I < o'L I
a L____-_____~___________N ~ J
rn
~~
°' o
~~
0000 x
w
00 c
~ o .
N ` `
N
ci a ~
c w ~
O ~ >
~ ~ ~
Z N
a~~
a[ w 00
W ~
~o~
F" a°o~Q
O ~~o
~o~
o ~ w
d~~~
?:Z:: O O O d ct ~
?~j; O O ;, O c0 (O C4
tJ]i; d' ~ ~ N CO CO
~ j„~[ O, O O v}
~ ,} .- ~ ~
•~ yr +ir ~ yr vt vs
t~tx:; W
C pC
f0 :4:C
~ a
Q '~' o - ~ x
_ ~ W
a~ ~ o Y - a a ~
E o »~~?; o oC -+ a
W., h ~
o ~ - <a::; yr c~ _ m
U - ~..,
~o
_~ ~- _
~o
=N
a
~f ~y ~r~ W
~C n
f0
NU ~'~
~E < ~~ ~
~ ~, ~
W ~~
Ca a °' ~
CC ~ O
~ ~~«:F
~ ~
~ o <:: ~ n
W W <. ~ ~ N
a .: ~ ooo
(_~ ~ ~ > _
v H (7
W :>~: ~ ~ ~
~{.«« Z pp
a
W e ~' D w
V~ ~ ;v: ~, ~- z:
~ i J ~,
d l.Et? N
z y ~ _ (~ ~~
Q = ; m a ~ ~ O
W ~ ~ ~ ~
cn ~ _ ~ J w ~~-~ o
~ ~ o ° o ~ ~ z
~ en co O ~
Z~~ om ~-
Q~ W ~ w ~ W -,
F- as r`~,
_ " °` ~ ~ ~
V ~ ~ ~ W O ~ ~i
a o '
Li ~' ~ ~~ ,
OC ~ O N m a ~
W W o ~~':. ~ r- e Z ~~ ,
c m o : ~ ~, U
G en : ~ a
~ •~
~' o ~ W
Ma
~ ~-~
r ~. u~ d J
~: ~ ..! % ~
~ `' `` Ci H V- \ ~1
O ~
Y W ~ ~
G. a '~ W
a
~ m ~
W ~ °' Q ~/
H ~:
W _° '' ~ ~
V) _ ~ 'J
~ ~
W ~; o c ~
o:w o =
#~. U) G7
V) ::...:. VJ ~"'
'~~
~.. _'
~_ r~
~.,
~-~/ y~.i~
W ~~,.
(~v/.
~~~
` ~~
~.~- ~,
I
Mo
W
O
Z
0
d
O r-------------------------~
I
~ I I
M
W I I
CI" I
I I
I
r I I
I
~ I I
I
~ I C I
I w N I
~
M
W I
I
O Q7
N ~
r I
~
= ~ I
p I
I
I
of
d I
~~
zl
~ ~
N I N 'p I
I Sri - I
•
_ I
~ I ~
~p I
N' I
~
N I ~ y
~ v I
~ I
~ ~-----
----------- o •` I
-----N ~' ~
(D ~
~ ~
~ ~
00 Q
~ ~
OJ
~ C
N ~
_. cn
~ ~
y Q
C ~`~
O ~ >
,s= io C)
~ ~ ~
Z N
a~~
~ (/~ M
~ W 00
W ~
C7 ~
W p ~ Z
~"' pp p„ Q
~ D
~ O ~
a °°w
~~~
,~~ o~,
~~~lr f~~
~~rr~
..~{,.
V
r
r
M~
W
r
z
N
O
O
d'
W
r
1
(q~
rV
r~
0
z
N
O
N
C~
(6
w
a
O
m
cN
C
R
Z
N
co
J
o_
W
S
r
Qc
~ _ ~U
a
o c
U z
W
F"
d
0 0 0 0
O O O O
~ O O ~
M vs vs M
~ ~
ui w ~i.i
C7 C7 OC
~ ¢ O
a a ~n
s x a
v w W
S d
O ~ ~
m ~"' H
~ O
J ~
J W
O
H S
y
2 uO,.
G
v
Z
O
m
a
Z
61
_N
'O
Cn ~
e0
N m
N ~
[~'
CO a
M ~
N ~
O
(~
ui
H
Q
S
~ x
_ a
~-
ui
i- W
~ a
H H
J ~
Q ~
U
a ~
O ~
O
~_
m ~ W
lit. W ~
~:; ~
,~ U O
~:
~-:: ~
~.: ~ Q
~~
~: o o °°
~' ~- o~ °
F:`;: w
~: y V
N ~ ~
"~% W H W
OC Z Z
F"'' O r O O
~' O ~"~ O x
a v v a
}
O]
w
~_
~ W
a O
O
_~ ~
~ O
~ Z_
~ ~
N
w X
W J W
X Q O
w ~'
~ Z }
O Q
~ m Q
F- ~ J
Z w ~
O 0 =
Z ~
Q ~ Z
_ d Q
~ ~ C7 J
O ~ Y ;
w O J O
_ ~ Q w
H. C) U ¢
~ ui
H
W
0
J
V
Z
O
m
a
J
2
O_
H
a
J
a
N
Z
V
N
Q
00
Q~~
aZa
z
w z
u~, oa O
z W ~
J N Q
Q (n J
~ ,,, Q
O ~ ~
Z ~ Z
'- N
N7
W
H
0
Z
_a
V
W
d
~ ~
Z ~
w
Q
c
J
Q L
~ ~
O
1}- O `
Q d C
~ Z ~
~ O ~
Q ~
3 a ;
J
~ J C
m ~ ~
u
J _ Z 7
- F
- ~
w
U
J ~
~ ~
- O
O
i ~
w
. F-
z
~ w
2
~ w
O
. ~
O
J
I Q
i U
~~
;N
~Z
o
~ J
J
Q
F
M
Z
z
~
w ~
M 00
M M
I~ M
n
n
L
i
_
~
~
~
O
=
U
~
N
U
rn
N
~
~
rn
N
ar
rn
N
~
~
~
r Z
O w
~ ~
y O
O
O
~
~
~
i
~
C
C
~
~
~ to
_
U
~
U
Q
~
Z
O
CJ
N
~
w
O Q
~
}
~
~
W
=
~
N
~
O
F-
O
Q
H Z
Y
~
O
}
~
Z
f'-
w
~
~
w
Z
n.
o a
11
-
D
w
H
Z
~
Q
O
(7
J
Z
O
W
Q
-
p
d
w
C]
w
~
0 a
~
N
~
~
O
W
. F
Z
O Z
O
O
}
Z ~
~,
Z.
w
_
~
g O a ~ >-
~
I Q
J
~
w oC
~
~
cn ~
O
W
O w
w
fn
Q
w m
J(J
J
Q
2 w Z ~ ~
F- OC ~ iyj Z
~ w O F-
~ F Q Z
'';
~ ~'~
~;
W
W
w
_~ 'a
Q ,
z
U
~1
X -~ w
~ o °
W ~ V
a z
N r
a
m
O
~t
'~.
~t
r-
r
D,
'00
r
0
Z
'~
Z
W
J ''
_J
Q
LL
-'''
a
_U
J
r
1
0
O
z
N
O
N
(D
(L
~' I I
~~
d' I I
I
r I
I
~ I I
I
I
~ I ~ I
I
O I
W
1- C
N I
M
W I
I
O ~ I
N I
r I
I
I
= ~
~ I
.
o~
d I
L I
zl I
H
I
I -~ I
.
~ _ ,
I
~ I ~ I
~
N' I
c- I
~ I
rn I o ~ I
d, v I
o •i I
L_____ ________ _____ ___N ~ J
0
0
C
O
E
= O
N
~ ~
(O ~...
~ ~
~ U
~ ~
~ v
E o
p C
N ~ .. ~
L Z a
~ `u
N ~
~ N a
Y d
n ~
Q
~ ~ ° ~
.
N
C ~ ~ ~ U ~
0 ~ ~
L (0 ~
J N
N
a
V ~
(q
~
~
~
Q ~ a
O ni
~ W 00
''^^ 2
V ~ J
0
Q.
O ~~ ~ U Z
N O -
O ~ > Q
O ~ w ~
d~~~ o W o
a
o
~
~ _
= N
E C/~ v` > m
~ Z M 6 U in
1.~ /
M~
W
r
r
1
M~
~/
r~
O
z
O
r
fd
n.