Loading...
HomeMy WebLinkAboutContracts & Agreements_150-2018REL,EASL This Release (herernaftzi "Release') is entered into betxvo n the folloNvin', (1) Plaintiff, MERCURY INSURANCL COMPANY (Hereinafter 'PLAINTII'I-) (Z) Defendant MATICII CORPORATION (hereinafter ` MATICI 1 ), and (3) Defend -int, CITY OF REDLANDS (hereinafter referred to as "CITY") MATICH and CI ry OF REDLANDS xvill be collectively referred to as DEFENDAN FS' PLAINTIFF and DI-F'ENIDANI S will be collectively referred to as'PARTIES ' RECITALS A WHEREAS on or about October 4, 2017, PLAINTIFF fled a Complaint in llie Superior- Cour, of the State of (,alrfc)MIa. County of San Bernardino Case No CIVDS1719395, captioned .Merc•ur3� Iristrtcrnice Cottil)arat r Alatrch Collwratian, et al (the 'Lawsuit"), alleging causes of action for 1) Subrogation for Property Damage ?) Dangerous Condition of Public Property!, and 3) lmersc Condemnation The Lawsuit alleges that Defendants caused property: damage to the ve]tiule of its insured, Michael Finn, arising out of condrtton exis€ingat Tine Avenin and Center Street City of Redlands, CA The Lawsuit seeks daniagres PLALNITFF pard to Its insured, Michael Filrn WHEREAS, It is the intention of the PARTIES in this Release to completely resolve any and all claims between the PARTIES arising out of the La« -suit C NOW THEREFORE in consideration of the mutual promises and covenants contained berern and In selticnient of all claims asserted in the, Lawsuit the PARTIES agree as follows AGREEMENT The PARTXLS agec as follows I_ INCORPORATION OF RECITALS The PARTIES hereby Mcorporate each of the above Recitals as part of the Release PLAINTIFF'S RE, LE AND DISCHARGE (a) In consjderation of the payment set forth below in paragraph number three, Including a waWe, of,any and all attonieys' fees and costs, PLAINTJFF, PLAIN 1111"s attorneys and assigns, and each of them shall and do hereby relic�,e, releaseand discharge D1=FE-NDAN7'S and all of DEFENDANT -5 parent affiliate and subsidiary corporations orpartnerships, and all of their present and former officer,, directors, attorneys, agents, consultants: employees, representatives, dzrjsjons, affiliates, adnnnistralors 111suicrs, partners and shareholders and each of them (collectively Releasees") tit and from any and all claims (including any claim ass;giied to PLAINTIFF by a third pnrt5). debts, liabilities, demands, obligations, p►onttses. Gtets, agreements, costs and expenses (including but not hinited to_ attarricy fees, costs, damages actions and causes of action Of Nthatsoevor kind or nature), whether now known or unhnoWn, suspected or cinsctslaected, based on, arsssng out of or nn connection with (1) the chums set forth or described in this Release, (2) the allegations asserted in the Lawsuit (3) airy claims assigned to PLAI'\1 TIFF lay a third party. and (4) any claims: that wire or could have been asserted in the Uwstat by the PLAINTirr (b) chis Release and discharge shall also appl). to the DFFENDANTS past, present and future off icers. directors, stocl`ltolders, attorneys, agents, servants representatives, employees, subsidiaries, aflillates partners, mcinbers, predecessors and successors -in -interest, and assigns and all other persons, firms or corporations with',vhom any of the former have been, arc now or may hereafter be affiliated 2 fc) This Relcase sl1all be a fully binding and contflete release ofPLAINTIFI' as to DEFENDANTS including DEFFNDANTS' ltcirs assigns and successors (d) PLAINTIFF acknowledges and agrees that the release and discharge set forth above 1s a gencral release PLAMNTIFF expressly waives and assumes the risk of any and all claims for damages Which exist as of this date, but of which they do not Uow orsuspect to exist, whetl}es tha-oujh zg3torance, oversx"Ilf, erroi negligence. orothermse, and MIIch, If known. would materially affect their decision to enter into this Release PLAINTlf-F furthei acknm%ledges that they have agreed to theterins of this Release as a complete compromise of matters 111Va1ving disputed issues of law and fact PLAINTIFF assumes therisk that the facts or law may be othej than they believe It is understood and agreed to by the PLAINTIFI" that this settlement is a compromise of a disputer] claim, rind that tills Release is not to be construed as an admission of liability on the Part of DEPENDANTS PLAUM IF I' hereby «ranee any and all rights based upon the pa'cfvEs]ons of California Civil Code Section 1542 which reads as iollwvs A general rch ase does not emrc nd to clatn)s wlnch the cred,tol does not know of susPect to exist In his or her favof at the time of executing the: release, wilieli, If known to him of her must have materially affected his or her settlement �e Ith the debiot 3. CONSII) RATIQIL'/I'AYt�'III�TT In consideration of the release set forth above, MATICH (through Clatlaglter Bassett Services, Me as the third party administrator for ASTRUS htsurance Solutions_ LLC') agrees to make the following payment to be pair] oil behalf of both MATICH and. CITY (1) The sung of THREE THOUSAND TVVO I IUNDRED SIX] Y FI VE DOLLARS unci FORTY FOUR CENTS (S3 2b5 44) to a draft payable to 'Reese Law Group Client Trust Account.' file number 282941 in the memo line 4 DISIMISSAI, NVITH PREJUDICE Within seven (7) calendar days after receipt of the payment described in paragraph , herein, PLAINTIFF agrees to file a Request tot Dismissal with prejudice of the Lawsuit as to DEFENDANT S and provide counsels for DEFENDANTS a confor Ied copy of the dismissal 5 EN;FORCEABILITY UDDER CCI' SEC"I WN 664. et sec This Release shall be specifically enforceable under the provtsio,ts c7f Cahlorma Code of C IVII Procedure sections 664 6 and 664 7 ATTORNEYS' FEES AND COSTS All PARI IES hereto shall bear all attorneys' fees and costs, titch M" expLt•t fees and costs incurred by them in connec.tton with the Lawsuit, this Release and any of the ma€tern and docurncnls referred to herein, the filing ofDtsnw;sals and all related ratters 7. WARRANTY OF CAPACIT17 TO EXECUTE AGREEMENT The: PARTIES represent and warrant that no other person or entity has or has had any interest to the claEtlts liens demands. obligations, or causes of action referred to in this Release, except as otherwise set forth herein, and that they have the sole right and eaclustvc authority to cXecutc, this Release and receive the sum specified zn it, and that they have not sold assigned transferred conveyed or otherwise disposed of any of the clavus, deEnands obhcattons or causes of action referred to in this Release 4 ENTME AGREEMENT AND SUCCESSORS IN INTEREST This Release contains the entire agreement bene een tite PARTIES i� ith regard to the inattcrs set forth herein and shall be binding rupon ,incl enure to tile benefit of the executers. administrators, personal representative., be€rs, sOccessors azul ass3gm of each 9 1NT EGRATI ON This Release constitutes a stn.10, Integrated written agreement ehprc55tng the entire agreeinentofthePARTIES hereto relative lothesubjectmatterhereof Nocovenants,aVee3iients, representations or warranties of any Lind have been made b7 any perso3ls hereto, except as spcc3.f3cally set forth 3n this Release All pnot ;discussions and negotiations have been. and are, merged and €nte rated into, and etre superseded by, this Release 10 SE, VERABILITY Ill thc, event that any pros•€s3on ofthls Release should be held to be' o€d, voidable, or unenforceable, the renin€ntng portions hereof shall3'e317it1i1 3n fllll f01ce and eflect I I EXECUTION IN COUNTERPARTS This Release may be executed and delivered m two o3 more counterparts, each of which U'llen so executed and delivered shall be an original bt€t such counte€jlarts together shall constitute but one and the same Instrument 12 SURVIVAL OF WARRANTIES AND RE, PRESEN1 ATIQNS The Nvarrdnt3es and representations of this Release aredee€ned in sur,�,€ve the 0108111" hereof 13 AIATERIALITY OF ALL TERMS The PARTIES expressly acknowledge and agree that each and every term and condition of this Release is a material part of the agreement, and constitutes a material part of the bargained -for consideration which has induced them to enter into this Release ]d REI RESENTA I ION OF COINIPRI'D I � a'�SIQN QI DOCUl4IENT In entering into this Release, the PARTIES represent that they have read the terms of this Release and that those terms are fully understood and voluntarily accepted 15 GOVERNING LAW This Release shall be construed and interpreted in accordance with the laws of the State of California 16 ADDITIONAL DOCUMENTS All PARTIES agree to cooperate fully and execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Release 17 EFFECTIVENESS This Release shall become effective following execution by all persons designated hereafter CAUTION. BY YOUR SIGNATURE HEREAFTER, YOU ACIMWLEDGE YOU HAVE READ AND CONSENT TO ALL TERMS CONTAINED IN THIS SIX-PAGE, SEVENTEEN - PARAGRAPH RELEASE Dated 1.�,.�i `,A L a Ni MERCURY IIv�SURANT *COMPANY By WA A DATED 2 , 2015 DATED- 2018 Tlae OF REDLANDS PAUL F?SEER YOR A 1E .DOAALQSON — ANDS CITY CLERK THIS RELEASE HAS BEEN APPROVED AS TO FORM AND CONTENT BY DATED 201 g DATED , 2018 REESE LAV GROUP Jenny R Louro, Esq Attorney forMERCURY INSURANCE COMPANY t BULLARD, BROWN & BEAL, LLP John W RoMv, Esq Attomey for MATICH CORPORATION 7' DATED ,201s DATED , 2018 MATICH CORPORATION By Title CI f Y OF REDLANDS By, PAUL FOSTER MAYOR AIILST JEANNE DONALDSON— REDLANDs Cf`f Y CLERK THIS RELEASE HAS BEEN APPROVED AS TO BORA AND CONTENT BY: DATED May 31 � 2018 REESE LAW QROUP Jenny R Lourp, Esq Allomey for MERCURY NSMANCE COMPANY DATl.D 2018 BULLARD, F3itOW,\T & BEAL, LLP John NV addy, hsgq Attorney for NNIATICH CORPORATION DATED °�/,2018 MU 1 UAI RELEASE OF UAil1IS llc�ctus htr€u•rnce C'aulliniti t Halich Cm-parcrtlon vl crl San B(.mardmo County Supcnor C hurt C ase No CIVDS 17193(15 A iiEM ALS I Flu,, Mtutc;ii Release of Glomi,, (bercinafler *Rl I I ML ) is €made by and hcttvLLn 111L f(111oivuio pall€es trt} Delendnnl MATICH CORPORA'I ION (licreinaltL€ MA 1 ICI1 ) €incl (b) Defendant, CITY OF REDLANDS (hereiriafter refen-ed t() its Cf`! ) ) 2 Aa LISM hLrein, MATICH and CITY art, at bines L011CUIVC1} ref(:rre(j t() ,ts tilt: PARTI LS 3 When refenrcd to 11L€'L111 MATICH and CITY, altd eaLli of then), shall 11)Lludt m1w 11141 tlle" PnSt prOW111 1111(1 future I'virs. SueccsSorS assignees, desigoms, attonlLVS sllareholdLrs inembLrs partners officers directors €matidgers, emplo3ces landlords, patrons, custamcrs cnlplo}Lrti prtnL€Ii,tls Off€lit+tcs € gLnls parent C0111p4nic:s subsi(liary L(lmpalucs €ft111ittc(] Lompa111L5 prLdLLLSSMS in-MILrest sttceessors-ii)-inicreit insurers (including but not 1111111Lt1 tU Callaghe€ Bassett Services hit. and AS I RUS insurance Solutions LLC) find all olhet aflihmed cntilleS mild I)CI-guns 4 WHERh-AS nn or about OclobLr 4 2017, Platnttfi, IulerLury InsumimL (_ompany tiled a Complatnt o1 01L Su11Lnoi Court (it the State ofC:ulifurnia, County ofban 13Lni,irdmo, Case No CI DS1719395 Capt€onul Alcr•c•iury M-7111-arirc Cnmpnmi i Afalich Cntprawtiun rr al (the ACTION ) agawsl MAI ICH tend C l 1 Y alleging causes of action for 1) Subrogation 2) Dang;crouti Condition orPublic Propeny, alid 3) Imerse Condemnalton The ACI ION allLgLS thAt Defendants Laused proper[% damage to the vehicle of its insured, Michael F inn ansing oul of it uindilion exlsling ni Pine AVUIuL and CLnler Street, City of Redlands, CA r116 ACTION seek-, damages Merwi-3 lnsuram-L Compo€iy paid to its insured, Michael I -inn 5 Where -is CITY tendered its dcfensc�mdenlnil} to MATICH (and its €rvmrLi I as a restill cit thL AC I ION filed by NiLmury Insurance Company against CII'1' (tI1L I 11`'1.)1 IZ ; b Whereas, the TENDER and the A( rlON inwive disputed questions of tact and Ia1% and in ordei t() mold the uncertainties and costs of litigation, it is the intent of the PANTIES (0 settle and release any and all Llaims that previously existed. c.urrLntly LXISI ul May extst to the tuturL iry ing (illi oraild LNiCerlling the IN(IDENI and the natters at 1rS(1L tit IhL ACI ION arld I M111 11 The PAIL I IFS tlirough this RELEASE agree ILi Ltimpralntse settle, and rL1L1sL an. and Al Llanns, contrnverstes and dispult s, including, all past present and potential future c:lainiq basLd. on denied from alleged in or rLlated €n any uay to the circumstances surrounding the 1NCIDF N l &, allLgtLd In the AC' r(O\ and I ENDER Page 'I of 5 R1 t 1 AY til CI AVMS th Mi' l IWrrrerrrc i r 1latith ( w1jurzamu t i ed NOW 11.11 -RI I OR in consideration Of the Lti%ui,lnls and 1Lrnis c(a11t21illed Iieli.'111 tIIL PART II S do hcrcby agrLL IS 10lloit5 13, RELLAS L'1'i:RINIS I I lie rcLlta6 abm c are herein Incorporated by retLrCi1CL 01; thtltigh Hill] Set forth at tills place 2 RSA I ICI I (through Gullagher Bs55ett Sen ices Inc as tht. third Pally administr•Itol loi AS7RUS lnsurancL Solulions LLC) shall hw,L payment Issued to PLAINTIFF nl tlnL tial:l -'am of THREE THOUSAND TWO HUNDRED six'rY FIVE DOLLARS and FORT Y roam CE\'15 (S3 265,44) as settlement of the ACTION to be Haid on behalf of bolli MAI ICH and CITY 3 Each of the PARI IFS agree to bear their own attornc)?a fees and Lilsts assnLlaled W1111 tliL AM ION 4 Ill exchange for the above -referenced consideration and tenns, (ILL PAIL I IES hcmb} lulls forcvLr finally, generally and Lamplelely release, rClIClL, nequil icinisL and d15Lhr11gc eaLln other from 'iny anti all Llaims, demands, causes Ofnet ion. contractual rtgbt5, exprLss indcmmly rights, additional insured rights, contribution riblets jlilLludlnf! 11nosc til Ille PAR 1 If S insurers) implied indertimly rights equitable rights attorney s tees, hells lien Llalnns cast-, Birt Llaitns gild caubLs of actt(in Ctintractutil claims, general damages. special damages, punitive datinages and all other twbility, potential liability or asscrted liability ancf `at claniages that nizi} he asserted against the other, on any basis In r0alion to the INCIDENT, the ACTION, «hLlliLr or not zlleriLd in the AC PION I'his inc-hides a full release of an} and all existing ohingations, L.laiIII ;, 1.11usLs Or JClic3n asscrtr-d obligations of any nature whaisuevLi that llim exist, that nna} ha'.e previously existed, that may exist In the ftiturL or that may be discovered in 1111, future, including Oily Mid 1111 claims l,nuN�n or unknown Lxisting Froin the beginning at time to the present (laic a€nd yin) and all IliturL Llainns that the PAIMES rn iy assert agalnsl LaL1i oilici (hereinnftel "RLLEASI;D CLAIMS') 7 ThL PARTIES cxprebsly aeltnowledbL that LaLll has been ad%iscd to sec.1, IL,gal 1,01.1115LI LCincenEing the proNisions of Califtirnin 0,11,11 Code seeticlli 1542 Furthermore, thL 31AR1 ILS e;L.pressl} m1nm% ledge that eaLh is familiar with (lie provision_ of C alifornia � IN 11 C udc tic.c.tuill 1512 whic)i providLs that "A general relcrac does tint emend to claims which file rreditor dine.% ant hlinw ar liviert to e Are? tip lits or her favor at the Wile, of everrtting rhe release, which if known bt hun or hi.i must have mayerially affected his or het vettleruear with the delilot. " In L01111CUiUll tilLlewith, the PARTIES fitillier at,l.nu%%ILdge flint It Inas Iia1 C sus€aided damage, los-,, corn on expense that is presently unknown or unsusPeLtc.d, and that SULK damage 10Y, COS( nl CXI)LnSL as may hdba been sustained may gi1 L. rise to idditionai damage, loss Last ur UNIMISC In [lit! future Nevertheless the PARTIES Hereby expmssly NaivC ail rights it nlay hal•( Page 2 of 5 RI I 1 f1)I ill t I AIM', th�t i )I lrrv,rrrrre, C „ryrrili t 1/ !r It C Uri e,r,!! sit; r r rri In SLICIII 1111MISP tCd L11tin1S and 1ILltineill ledge thol this RLLEASI heti bQCJ1 ne`_gelll';tLd ,end 11�711'LLel upon ul 11-11t of this slhwllun, and hereby Lxpressly walves €1411 and X111 nghis Illat it ntay lime udder C ahroliva Civil Cade section 1542, or under any ollmr state or ft.deral statutes Lir t01111noll Inti, principle of similat CfleLt I IIC PART] ES agree that flits R LFASC sh,111 lie glvelt full i'nrc.L dIld CIlUt in aLcordant_u �silb cath and 1111 of file cxflress IennS and lijovIsmilr,, Including then„c; tend"+ Eind pro% 14Iorls relatll'; to unknown and unsuspected claims, demands, and L€]usLs of acooll, if any to the sainL eflect as tllose: teens and provkmns relating to any other Llaims. denn,lnds Ind t iIiSLS 01 iiLt1UI1 kremabo1'e: 5peLlfed h I tic PAR f IES execute: this REE EASF acting upon their independent judgmeni ;ind upon 111L ads ICL'. Of L0011SCI WIt11(}ut any rcpre' crllatioils of inducements expre.,sed of implied afany kind or tlsturL txcept as RI1eClfiCally 5th forth herein 9 The PARI IES warrant chat 1t lies the nuf innty to release the other froill thL IZILEASI D C'LAI IS The PARTIES represent and "arrant flint it is the sale and rightful o1lqlci of,ill ri lits, title and interest in mCry t:laill) Or Other nlat[er WIllCII 1l relLaSL5 IlCrL111 oil its OW11 behalr and hike not heretofore assigned of otherwise transferred any interest Il any claim tvhlch it may have 1. The I I A R I IL5 shall each bear their owil costs 1Ill. Ilid Ino nuornov's Ices ineI.IrrLd 1n dc141x111g or prasCLuting the AC I IOIr Including 1l1tornevs' fees for tIIL prtpat~atieln d]1t1`tutp and CXCLU Ull tit this RELEASE and to the coillphan i, with their respective oliltr,atlt)n5 €15 SLt forlh llerGin 2 It 1S understood by the PARTIES he:rcto that this RLU ASL is entered 11ttn solL.ly Iter Purlia,Gs of compromise vl doubdul and dmputedl claims end Lath Marty expressly agreLs and DCi I) %VlldgLs that the other parties hereto have not Admitted, and by %=Lution ut)d pl rfonnunLC of ihil, 111:1_1 ASL do nat adient any I1abiht} or obligation it) flit, othei parltus, ur Lilly Of thein 'A I1 any len” or Provtsioll hereof is illegal or invalid fat any reason %0at50c.vcr tiucll ill: gahly or ills €]lidity shall not affect the validity of the remainder of 11114 R1'1 LASE 4 Tills RELEASE its %aliday, the: construction ofits ILrins ind flit: interprcfati(in cif ng;lts and di.lt€es of 1hL pames hecto, shelf be gavemed and construed under the laws of the, State of tail lornia 11iis RELEASE may he executed In one or niarL coumerparis, each of 1vh)ch shall IIAC t11L Sante force and eftect as an orttnnal LXCLule:d by all parties, regardless of the date (if it% c�ecWion and dLlivcry and said couniclparts togethtr shall constitute one and the saille agreement I 1711C.311d Lol•reet fat!:.hv1e L1LLir011lC mail, or pdf CopiCS of SignLd t01111ter17arls; shall hL deemed ultelllak for any pulposu b. It ally dispute shall arise a111o11g, tit, parties regarding the enfori.Li -nt of the tLrins and collditioiis of this RI -1.1 -ASP the prei,ul)ng party' shall be C411JtlLd to he rLimbursed for all Page 3 of 5 R1 I i AY ell t I AlMq 110 I17- jllVII11'ILL UNY41M i 1141thjtlli L'Osta tntltiding masunabIc attornc% s fees and this San Bemarihno (bunt} Superior C oui shall rctalil jtirMill-tian to entom thL tcnns of the settlement, under C OCIL of CIVtl Procedure IWOlOr' 664 7 Pursumil to Ct Code , 1123, this RELEASE Shall be adniv;sihle for the sole purlasc Iij Ll1f0aLt'ip this RELEASE, if need be 7 Iles REI EASL contains the entire agreement of the PARTIES, and the Icnns of this rdease arc i ontractual. The rel.rtais set fortb above are zmt ided to be a yccnituts of fllL parliLs and tint mercy recitals and are hereby expressly mcoiporated into the RFI FAST' by this rckrwict. fhe:rt: are no representations, ti%Drrttltttcs, agrMlIC11N., aiTanl cmLnls tiodcrtakings ural ur % HeD IteMcen or among the PARTIES hereto rclannE to the subject irt,zttez oftlns RELEASE Miicli arc not fully expressed hereat This RELEASE is an integrated iigreemenl 8 I'lic PARTIES hereby acicnowicdge Lind altrce that (lie drafbn© and finalizing of this RELLASL is the produLt of a joint effort by the€r respenve legal counsel, and that as a resuh, any ambigturt} In this REI EASE shall not be interpreted to the detriment of any party to this RELEASE- on anv basis including an applrcalion ortlte common lint of statutory rtilc which stay 1011-rprCl arnhiguity against the draffrng party IN WITNESS WHERLOP, the undersigned lime sxLLuted tills Rh -1 EASE on the dtitL atfixed by their signs lure, and thcreb� warrant agree and promise to be hound by its terms ESA FFD _`i 21118 MATICH CORPORATION 133 p Title i t Ins A DA MD � 2Q 2018 CITY Or RI DLANDS L --Sy. PAUL FOSTER MAYOR Al TEST PANDS E UONAI rJS[7i�' CI rY CLERK Page 4 of 5 M I I ASI 01 C 1-4311 hlrrrlrn 13n�rr�+ne� (rsur/ouul tluthhC01jrffJ7[fifM Lf Ell APPROVED A5 TO FORM AND CONTEN 1: DATED --Imo, 2018 BULLARD BROWN & BEAL, LLP Jolm W. Roddy, Esq— Attorney fist MATIC)l CORPORA rioN DAI ED. 4 /l 2018 DISENHOUSE LA D�senhnase,Esq�^ for CITY OF REDLANDS Page 5 of 5