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HomeMy WebLinkAbout2012-183 Settlement Agrmt - Baldwin SETTLEMENT AGREEMENT This agreement is to settle all remaining claims and release liability related to tree removal by Keith Baldwin without a permit, by and between City of Ashland ("City") and Keith Baldwin ("Baldwin"), and this agreement(the "Agreement") is made and entered into upon that date the last party signs below. The Parties agree that it is in their best interest to settle all remaining potential claims related to this matter under the following terms and conditions: Upon Baldwin's plea of guilty of the violation for tree removal without a permit, AMC# 12 V C and successful completion for the related deferred sentence agreement, the City agree(s) to hereby waive, release, and forever discharge Baldwin, its officers, directors, employees and all related parties from any and all further potential claims, causes of action, rights, and damages otherwise payable to City. MUTUAL CONDITIONS This Agreement is not to be construed as an admission of any wrongdoing or liability on the part of Baldwin other than to that which he has pled or will plead guilty. This Agreement shall apply to all claims of whatever kind or nature which exist or may exist as related to, arising out of or occurring during any agreement(s) or"contract(s)" between the Parties or the termination of such agreement(s) or"contract(s),"whether such claims are presently known or are later discovered or whether such are foreseen or unforeseen as of the date of this Agreement. THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES HERETO AND SUPERSEDES ANY AND ALL PRIOR EXPRESS AND/OR IMPLIED STATEMENTS,NEGOTIATIONS AND/OR AGREEMENTS BETWEEN THE PARTIES, EITHER ORAL OR WRITTEN, AND MAY NOT BE AMENDED, CHANGED OR MODIFIED IN ANY WAY, EXCEPT BY WRITTEN AGREEMENT SIGNED BY ALL PARTIES HERETO. IN WITNESS WHEREOF, the parties hereby enter into this agreement. Each party, by signature below of its authorized representative, hereby acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions. Each person signing this Agreement represents and warrants to have authority to execute this Agreement. CITY OF ASHLA D KIETH BALDWIN Page 1 Of 1 -SETTLEMENT AGREEMENT