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Home My WebLink AboutClaim for DamagesGREGORY L. ZEMPEL Our Mission: Seeking Justice; Serving Victims, and Holding Offenders Accountable Becky and Daniel Sherley 2830 S. Thorp Hwy Ellensburg, WA 98926 June 18, 2019 Re: Claim for Damages No. 201905070021 Dear Becky and Daniel Sherley: 205 W 5th AVE Suite Zl3 Ellensburg WA 9B926 509-962-7520 prosecutor@co.kittltos.wo.us This letter is to inform you the Board of County Commissioners conditionally approved your Claim for Damages filed with the Auditor's Office on May 7, 2019. Approval of your claim is conditioned upon the following: please sign and have notarized the enclosed Release of All Claims, and return it to me at the address listed above. When I receive the signed Release of All Claims, I will forward it to the appropriate department to process payment in an amount not to exceed $2,374.21. Please feel free to contact me if you have any questions or concerns. c:;~ CHRISTOPHER HORNER Deputy Prosecuting Attorney Enclosure as noted cc: Washington Counties Risk Pool Kittitas County Board of Commissioners Judy Pless, Fiscal Manager Lisa Young, HR Director/Risk Manager RELEASE OF ALL CLAIMS KNOW ALL MEN BY THESE PRESENTS: That we, Becky and Daniel Sherley, the Undersigned, being of lawful age, for the sole consideration of $2,374.21, which Kittitas County has obligated itself to pay by warrant upon process of this release, do/does hereby and for my/our/its heirs, executors, administrators, successors and assigns release, acquit and forever discharge Kittitas County, its elected officials, officers, agents and employees acting on behalf of the county or in their individual capacities from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever, which the undersigned now has/have known or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen bodily and personal injuries and property damage and the consequences thereof resulting or to result from the Spring and Fall 2018 Junk-tiquen in the Burg Events in Ellensburg, Washington. It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the party or parties hereby released, and that said releases deny liability therefor and intend merely to avoid litigation and buy their peace. The undersigned hereby declare and represent that the injuries sustained are or may be permanent and progressive and that recovery therefrom is uncertain and indefinite and in making this Release it is understood and agreed that the undersigned rely wholly upon the undersigned's judgment, belief and knowledge of the nature, extent, effect and duration of said injuries and liability therefor and is made without reliance upon any statement or representation of the party or parties hereby released or their representatives or by any physician or surgeon by them employed. The undersigned further declare and represent that no promise, inducement or agreement not herein expressed has been made to the undersigned, and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital. THE UNDERSIGNED HA VE READ THE FOREGOING RELEASE AND FULLY UNDERSTAND IT. Signed, sealed and delivered this ~~ To me known to be the person(s) n~ed herei~ and who exec. uted the fore.going Release and ackn~edged to me that the person(s) named herem voluntanly executed th';)l).";1c~/.. · lfiUMA Af, ~ Becky and Daniel Sherley -Kittitas County Claim #201905070021 Notary Public in and for the State of Washington Residing at -EJ/.l!M:1. bry} , le Jft= Page 1 oft PROSECUroll "'C.,""' -.;,,'? COMMISSJONBRS::rlf:::;- DEPARTMBNr ~ lNSURANCB ~I 05/07/2019 03:91:11 PM 201905070021 Si.CO Pase·1 or 4 ~ flT~~~o~t~l C~~m~h/111,l so KCPA 11mn mm~ 11111mi1rn11ri~ ~n.11111 rm m,m ,~ 111111111111111 KITfITAS COUNTY CLAIM FOR DAMAGES Return to : County Auditor 205 W 5111 Ave, Suite 105 Ellensburg, WA 98926 509-962-7504 Instructions: Please read the entire fonn before completion. Fill out each question as completely as possible, to the best of your ability. Do not hesitate to use the back side of this form if you need more than the space provided. An incomplete response may delay the processing of your claim. 1. 2. Phone (Home): (6Cl\-fqq . i)5.j]) (Work): ( t;t(J'.YW.., ) 3. Address (include fo .rmer address ifat present address for less than 6 months): 2e?D s.Jmrp H,1:~1E1rostvu ,r:9 ,1.uoc . 9%12L12 Mailing 4. Date ofBirth: £.\,:).0\71.,p . 5. Date and Tt~ Incident: g\d-0 d-0\13 6. Location of Incident: Erna i '\ reqi ,es\: \'"e,v{o,u boaxtl 1 of3 Kittitas Co11Dty Cl.aim for Damages Form Revised 9/2012 Filed for Record 05/07/2019 03:51: 11 PM -Kittitas County, WA Auditor -201905070021 Page 2 of 4 7. Describe in detail the defect which caused the injury: 8. Describe in narrative form and in detail exactly how the incident occurred: se(:_ o,,-\toj(bad 9. List the names of all persons involved and contact information, if known. 10. Was claim investigated by a police officer? _N~O _____ _ Sheriff ___ State Patrol __ City Police 11. Description of claimant's V(}hiclc: f\/ / A Make. __ . ____ Year Model: __________ _ License No .. _____ _ 12. Describe what you did after the accident occurred: NIA 13. Describe the conversations you had, if any, with County personnel during or after the incident occurred: . c c:<:m'O\ 1ed kD c a c 1< \'[\ \/io.. ernau_0 4 p'ooa L 10 ;:-ee \f xe,v(dQ 'O.::pra ere~ 'cad \xro ~~cl. 2 of3 Kittitas County Claim ror Damages Fonn Revised 9/2012 Filed for Record 05/07/2019 03:51: 11 PM -Kittitas County, WA Auditor -201905070021 Page 3 of 4 14. Describe the damages or injurie~ which you sustain~d as a result of the incid~nt: . /·. rue :TD ::ttv.oeb\, \D· ::ID# '<:e\/\:0 &) X'>Q1fo roer:firt:,) ·· I ,ms \Ci± a...\\() 1:ro:\ "TI) 'clWYm DtU) £~,O'?e3. &he.. i+-~ ~ ~ Gu:\· o ~ -tiYY\12. Toi-s C..Y-ectkd C<!... \cSS ~ r-ci~vs~t...¼ oC 15. What is .the amount of damages claimed? (Include estimates and bills, if available): ·:\t ,;t 1~74,.;i..1. 16. How did you identify the County as the parfy.rcspensible for your damage? ?'ccJae. CDO\Jt'f50:boos ax:tl e..roo,.,t,o~ tPith Q;)'<D-\Jab~:s a ad. De.la'cie molje.-rs. 17. List the names and addresses of all witnesses to the incident: SAXO;,,Don f:{":PS cor-d Dm\Q\f' mc~~r:s --K\-\\i-ns Cru~ b:n9\a~es. . .. ~-. Cm.t0{ixd -L\;>gb ¼°fu:W,S\.-'t~~\\~-~ 18. Are you covered by insurance? NI A. If yes, who is your insurance agent/carrier? / Dated this 3 rel Day of~M~o..~~----~· zoJB Signa~ Subscribed and sworn (affirmed) to before me this_Lday of__...M....,:J~----'' 20..l.1. G:::d>, ~ Notary Public in and for the State of Washington Residing at /lle¢rb;;.,..~A--U '7--92LLP /Je <: I .L. \.L.J!;;> a:, sir/'): 3 of3 Klltiw County Claim for Damages Fonn Revised 9/2012 Filed for Record 05/07/2019 03:51: 11 PM -Kittitas County, WA Auditor -201905070021 Page 4 of 4 8. Describe in narrative form and in detain exactly how the Incident occurred: On June 29, 2018, I submitted expense reimbursement for Spring Junk-tiquen in the Burg's lodging tax. There were some fees that Dora Van Epps, Kittitas C(?unty Fiscal Analyst, did not feel comfortable reimbursing without review board approval. On August 23, 2018, Dora requested Debbie Myers, Kittitas County Clerk to set up a meeting with the review board. Debbie worked for several months trying to get this meeting set. I would check in periodically via email and phone to see how she was coming along with getting a meeting set. During the waiting, I also submitted the Fall Junk-tiquen in the Burg reimbursement on January 15, 2019. Dora said the rental would need to be reviewed by review board when we had it. Debbie was finally able to get enough ofthe review board to meet on February 27, 2019. At this time, l discussed the reimbursements in question. The review board decided not to approve the reimbursement of building rentals. Since they declined the payment, I asked how long I had to get other expenses submitted and was told that it was after the January 20 th deadline to submit for reimbursement. I had been waiting patiently for over 6 months to meet with the review board and was never informed I would not have another opportunity to submit expenses once I got my meeting. Because I was not able to submit additional expenses once the review board met with me, I lost a total of $2,374.21 between the spring and fall show re-imbursements.