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HomeMy WebLinkAboutContracts & Agreements_217-2015_CCv0001.pdf I SETTLEMENT AND RELEASE OF ALL CLAIMS This Settlement and Release of All Claims(hereinafter referred to as the"Release")is made and entered into by PIaintiffs JIANG ZHONG BIN,JIANG HE LING,WENG BIN, YAN KEZE, YE JINFENG,LIU ZIJIA,a minor through her Guardian as Litem,LIU ZENG CHANG, I LIU CHIEN PIN,LIU QIU XIA,CHEN MAO QING,and LIU YIN YAN(hereinafter referred to collectively as "Plaintiffs"),Plaintiff-in-Intervention EMPLOYERS COMPENSATION INSURANCE COMPANY(hereinafter referred to as"ECIC"),Defendant CITY OF REDLANDS (the"City"),and the City's insurance carrier,NATIONAL CASUALTY COMPANY("NCC"). Plaintiffs,ECIC,the City,and NCC are sometimes collectively referred to herein as the"Parties." A. RECITALS 1. Plaintiffs filed a Complaint(the"Complaint")in the San Bernardino County Superior Court on October 25,2013,entitled Jiang Zhong Bin, et al. v. Basambekyan, et al., Case No. CIVDS 1313057 (hereinafter referred to as the"Subject Action"),against Defendants SARGIS BASAMBEKYAN("Basambekyan"),A.A.R.,INC.("A.A.R."), COUNTY OF SAN BERNARDINO(the"County"),and the City. Plaintiffs dismissed the County from their Complaint on December 5,2014. Plaintiffs' Complaint seeks recovery of damages arising out of the Subject Incident. The "Subject Incident" is defined for all purposes herein as the motor i vehicle collision that occurred on January 17,2013,on Orange Street approximately 0.2 miles north of Pioneer in the City of Redlands,California. 2. On June 12,2014, an Order Permitting Intervention by ECIC was filed in the Subject Action. ECIC subsequently filed its Complaint-in-Intervention(the"Complaint-in- Intervention")in the Subject Action on June 27,2014,against Defendants-in-Intervention 322224.1 38037948 i i I SETTLEMENT AND RELEASE AGREEMENT Page 2 of 13 I Basambekyan,A.A.R.,the County,and the City. ECIC dismissed the County from its i Complaint-in-Intervention on December 5,2014. ECIC's Complaint-in-Intervention seeks recovery for workers compensation benefits paid to certain plaintiffs as a result of the Subject Incident. i i 3. The City answered Plaintiffs'Complaint on January 13,2014. The City answered ECIC's Complaint-in-Intervention on September 15,2014. i 4. By this Release,Plaintiffs and ECIC(Plaintiffs and ECIC are sometimes collectively referred to herein as the "Releasing Parties")intend to fully and finally release the City and NCC from any and all claims,demands,liabilities,obligations,debts,liens,fees, costs, warranties,and causes of action,whether known or unknown, suspected or unsuspected,which are based in whole or in part on any allegation which has been made,or could have been made, in any of the pleadings on file in the Subject Action,or which arise out of or in any way relate to the Subject Incident(hereinafter collectively referred to as the"Claims"). f B. SETTLEMENT TERMS I. Payment: The Parties have entered into the "Bin vs,Redlands Qualified Settlement Fund Agreement" (the"QSF Agreement"). The QSF Agreement establishes the Bin vs. Redlands Qualified Settlement Fund(the "Fund"),which is a qualified settlement fund within the meaning of section 468B of the Internal Revenue Code of 1986,as amended and Treasury Regulation sections 1.468B-1,et seq. The purpose of the Fund is to accept,hold and distribute funds paid by the City and NCC in settlement of the Claims. The Parties agree that the consideration for the settlement of the Claims shall be the total sum of$10,399,247.29(the "Seftlement Consideration"),which shall be funded as follows: P:=C9\hangWscae1caso[10.07.2015].doex 322224.1 380,37948 i i SETTLEMENT AND RELEASE AGREEMENT Page 3 of 13 a. NCC agrees to pay to the Fund the alleged limits of The City's insurance policy,in the amount of$10,000,000.00;and b. The City agrees to pay to the Fund from its own funds the sum of $399,247.29,which is equivalent to the remainder of the self-insured retention under the NCC policy of$500,000.00,less the amotuit eroded by defense fees and costs in the amount of $100,752.71. C. Following the contributions to the Fund as stated in Paragraphs B. 1.a. and B. 1,b. above,NCC and the City shall not have any further obligation to contribute to the i Fund. 2. Disbursement of the Settlement Consideration: The Settlement Consideration, and the earnings thereon,will be held by the Fund until disbursed pursuant to the following terms: a. No disbursement shall be made to any individual Plaintiff unless and until all liens have been fully satisfied,including but not limited to Medi-Cal liens administered by the Department of Health Care Services,Medicare liens,and any and all other liens asserted by any hospital,other medical provider,government agency,or private person or entity,including,but not limited to,insurance companies,health care providers,and agencies overseeing workers' compensation or similar benefits,that claim any right of reimbursement for any funds which may have been paid to or on behalf of such Plaintiff for medical care or for other payments in any way related to the matters alleged in Plaintiffs'Complaint, or which have presented or may present any lien on any recovery related to the matters alleged in Plaintiffs'Complaint,or which otherwise arise out of or relate to the Subject Incident. All such liens shall be satisfied through disbursements from the Fund. P:\DOCSViaag\Miso\Reiease 110.07.20151.do= 322224.1 380.37948 i SETTLEMENT AND RELEASE AGREEMENT Page 4 of 13 b. Upon satisfaction of all liens on the recovery by an individual Plaintiff, disbursement from the Fund may be made to such Plaintiff of his or her share of the Settlement Consideration. Each Plaintiffs share of the Settlement Consideration shall be negotiated between and among the Plaintiffs and ECIC,without involvement by the City and NCC. C. ECIC's share of the Settlement Consideration shall be negotiated between and among the Plaintiffs and ECIC,without involvement by the City and NCC. ECIC's negotiated share of the Settlement Consideration shall be disbursed from the Fund. ECIC shall k accept such negotiated share as full payment of its subrogation claim in its Complaint-in- Intervention in the Subject Action. d. Other acceptable disbursements from the Fund include payments to counsel for Plaintiffs for attorney fees and costs,to the Fund Administrator,and to federal and state taxing authorities for tax liabilities of the Fund, if any. C. NCC shall have the right to pre-approve any and all payments from the Fund to Plaintiffs or their designees,to lien holders,to governmental entities having an interest j in the settlement proceeds,to the Fund administrator,to federal and state taxing authorities for tax liabilities of the Fund,and to any and all other payments from the Fund,with the exception of attorney fees and costs which may be disbursed without NCC approval. f. NCC shall approve payments from the Fund to lien holders,including but not limited to Medi-Cal and Medicare,upon being presented with correspondence from the I agencies administering such liens confirming the final amount due to satisfy such liens in full. In addition, in the event a Plaintiff is not a Medicare beneficiary,NCC shall approve disbursements to such Plaintiff following verification from Medicare that the Plaintiff is not a Medicare beneficiary and Medicare asserts no lien on any payments made to or on behalf of such Plaintiff. i P:\D0CS0ang\Misc\Rc1eaw[10.07.20151.docx 322224.1 380.37948 I J SETTLEMENT AND RELEASE AGREEMENT Page 5 of 13 3. Requests for Dismissal: Upon execution of this Release and payment by NCC and the City of the funds stated in Paragraph B. 1. a.and B. 1.b. of this Release,Plaintiffs and ECIC shall each deliver to counsel for the City a request for dismissal,with prejudice,of their Complaint and Complaint In Intervention against the City,respectively. 4. Release by Plaintiffs: In consideration for the full and timely performance of all terms and conditions of this Agreement in the manner prescribed herein,including,but not limited to,all payments,releases,dismissals,waivers,covenants,warranties and representations, and,except as otherwise provided herein,Plaintiffs,on behalf of themselves,their heirs, executors,administrators,trustors,trustees,and beneficiaries,release the City and NCC, including their employees,agents,principals,officers,directors, as well as their affiliated, related,and/or parent companies,subsidiaries,and all persons,firms,associations,and/or corporations connected with them,including without limitation their insurers,re-insdrers, sureties,and attorneys(the"City's/NCC's Releasees"),of and from the Claims which Plaintiffs may now have or may hereafter have against the City's/NCC's Releasees by reason of any I matter,cause or thing alleged against the City arising out of or in any way related to the Subject Incident,or which could have been alleged against the City s/NCC's Releasees,in Plaintiffs' Complaint. 5. Release by ECIC: In consideration for the full and timely performance of all i terms and conditions of this Release in the manner prescribed herein,including,but not limited i to,all payments,releases,dismissals,waivers,covenants,warranties and representations,and, except as otherwise provided herein,ECIC,on behalf of itself,its predecessors-in-interest and successors-in-interest,and its parents,subsidiaries,and affiliate corporations,and their collective officers,directors, employees,agents,attorneys,insurers,partners,and each of them,release the I PADOCSUiangN4Mis6Re1ease 110.07.2015].docx 322224.1 380.37448 i SETTLEMENT AND RELEASE AGREEMENT Page 6 of 13 City and NCC,including their employees,-agents,principals,officers,directors,as well as their affiliated,related,and/or parent companies,subsidiaries,and all persons,firms,associations, and/or corporations connected with them,including without limitation their insurers,re-insurers, sureties,and attorneys,of and from the Claims which ECIC may now have or may hereafter have against the City and/or NCC by reason of any matter,cause or thing arising out of and/or connected with the Subject Action, 6. Release by City: In consideration for the full and timely performance of all terms and conditions of this Release in the manner prescribed herein,including,but not limited to,all payments,releases,dismissals,waivers,covenants,warranties and representations,and, except as otherwise provided herein,City,on behalf of itself,its predecessors-in-interest and successors-in-interest,and its parents,subsidiaries,and affiliate corporations,and their collective officers,directors,employees,agents,attorneys,insurers,partners,and each of them,release I I NCC,including its employees,agents,principals,officers,directors,as well as its affiliated, related,and/or parent companies,subsidiaries,and all persons,firms,associations,and/or corporations connected with it, including without limitation its insurers,re-insurers, sureties,and attorneys, of and from the Claims which City may now have or may hereafter have against NCC by reason of any matter, cause or thing arising out of and/or connected with the Subject Action, including, but not limited to, claims for breach of contract or breach of the implied covenant of good faith and fair dealing. 7. Releasing Parties' Warranty: The Releasing Parties warrant that each has standing to release the City's/NCC's Releasees from the respective Claims which are the subject of this Release. The Releasing Parties warrant and represent that each has full authority to prosecute the Claims and execute a binding release with respect to the Subject Action. PADOCSViang\Misc\Relcase[10.07.2015].doex 322224.1 380.37948 SETTLEMENT AND RELEASE AGREEMENT Page 7 of 13 i 8. Plaintiffs'Counsel's Warranty Regarding Translation of Release; The primary � language of each of the Plaintiffs executing this Release is Mandarin. Each of the Plaintiffs cannot read or write the English language,or has limited ability to read and write English. By signing this Release,Plaintiffs'counsel hereby warrants that prior to the execution of this Release,Plaintiffs'counsel has provided to each Plaintiff a fully-translated copy of this Release from the English language to Mandarin. Plaintiffs'counsel further warrants that each Plaintiff, prior to executing this Release,has confirmed his or her understanding of the terms of this Release and has confirmed his or her agreement to all of its terms. 9. Waiver of Cal. Civil Code Sec. 1542: The Parties acknowledge and understand that there is a risk that each may have claims released herein which are unknown and ` I unanticipated at the time this Release is signed,and that any claims that are known or should be known may become more serious than each now expects or anticipates. Nevertheless with respect to the Claims released in Paragraphs 4, 5 and 6 above pertaining to the Subject Action, the Parties,and each of them, hereby expressly waive all rights each may have in such unknown and unexpected consequences or results. The Parties understand CAL.CIVIL,CODE See. 1542 and,with respect to the Claims released in Paragraphs 4, 5 and 6 above,expressly waive its provisions. Sec. 1542 provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR EXPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH,IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. It is acknowledged and understood by the Parties that the foregoing waiver of the provisions of Section 1542 of the Civil Code was separately bargained for. The Parties agree that this release shall be given full force and effect in accordance with each and all of the expressed terms and P;1D0CS1Jiang\Misc\Re1ease[10.07.2015].doec 322224.1 380.37948 I SETTLEMENT AND RELEASE AGREEMENT Page 8 of 13 provisions including those terms and provisions relating to unknown and unsuspected claims to the same effect as those terms and provisions relating to any other claims hereinabove specified. 10. Parties to Bear Their Own Costs: Except as otherwise provided in this Release, each party shall bear his,her,or its own costs, attorney's fees and other expenses incurred in connection with the Subject Action. 11. No Admission of Liability: It is further agreed and understood that the City denies all allegations of liability,and has agreed to resolve this matter solely for the purpose of compromising and settling the matter in dispute. Such compromise and settlement docs not constitute an admission of the truth or validity of the matters in controversy by the City,nor shall it be construed as such. 12. Entire Agreement: This Release contains the entire agreement and understanding concerning its subject matter and integrates and supersedes all other agreements of any kind relating to the subject matter of this Release. The undersigned warrant:(1)that no promise or inducement has been offered to anyone except as set forth herein; and(2)that this Release is executed without reliance upon any statement or representation by the parties released,or their representatives,concerning the nature and extent of injuries and/or damages and/or legal liability therefore. 13. Counterpart Signatures: This Release may be executed by the Parties in counterpart,and the signatures of all Parties assembled together shall be deemed to be a single, fully-executed Release. 14. Legal Capacity: Each of the undersigned warrants that he or she is of legal age, legally competent to execute this Release,and has the authority of the party for whom the undersigned is executing this Release. i PADOCSVIsnS\Misc\ReIcmc[10.07.201 S].docx 322224.1 380.37948 i SETTLEMENT AND RELEASE AGREEMENT Page 9of13 15. Complete Defense: This Release may be asserted as a complete defense to any claim that may be brought relating to any of the released Claims as set forth above. 16. California Law: This Release shall be construed according to the laws of the State of California. j 17. Enforcement Costs: If any action in law or in equity,including an action for declaratory or injunctive relief,is brought to enforce or interpret the provisions of this Release, the prevailing party shall be entitled to all of its actual attorney's fees and litigation costs in prosecuting or defending that action. 18. Enforceability: The Parties agree that this settlement shall be deemed for all purposes to be judicially supervised,that this Release may be enforced by any party hereto by motion pursuant to Section 664.6 of the California Code of Civil Procedure or by any other procedure permitted by law in this state,and that the confidentiality provisions of California Evidence Code Sections 703.5, 1115 through 1128,inclusive,and 1152 are waived and shall not be used as a defense in any such enforcement action. The parties hereby agree to a request that the Court retain jurisdiction under Section 664.6 to enforce the terms of this settlement. 19. Successors and Assi ns: This Release shall be binding upon and inure to the I benefit of the Parties and their respective successors and assigns. I 20. Tnvestiation: Each of the undersigned further acknowledges that the party for whom the undersigned is executing this Release has made such investigation of the facts pertaining to the settlement and this Release and all matters pertaining hereto as he or she deems necessary and enters into the Release with full knowledge of those facts. 21. Benefit of Counsel: The Parties agree that their respective counsel has fully explained to them the legal effect of this Release and of the release and dismissal which shall be P.WCSViang\Misc%dease[10.07.2015].doex 322224.1 380.37948 II SETTLEMENT AND RELEASE AGREEMENT Page 10 of 13 executed pursuant hereto(following the Release's translation from the English language to Mandarin,as confirmed in Paragraph 8,above),and that the parties understand that the settlement and compromise stated herein is final and binding upon the Parties;and that each I attorney represents that he/she has explained these matters to his/her client and that his/her client has freely consented to settle this matter on the terms contained herein. 22. Severability: If any provision of this Release is held to be invalid or unenforceable,for any reason,all of the remaining provisions shall nevertheless continue in full force and effect, i i Dated: Plaintiff JIANG ZHONG BIN Dated: Plaintiff JIANG HE LING Dated: Plaintiff WENG BIN I Dated: Plaintiff YAN KEZE Dated: Plaintiff YE JINFENG Dated: Plaintiff LIU ZIJIA,by and through her Guardian ad Litem PADOCSUiang\Misc\Rekase[10.07.2015].dou 322224.1 380.37948 SETTLEMENT AND Rl EASE AGREEMENT Page 10 of 13' executed pursuant hereto(following the Release's translation from the English language to Mandarin,as confirmed,in_Paragraph 8,aboye�,and that the parties understand that the settlement and compromise-stated herein is final and binding upon the Parties;and that each attorney represents that he/she has explained these matters to his/her client and that his/her client has freely consented to settle this matter on the terms contained heroin. 22, -"Severability: If any provision of this Release is held to be invalid or unenforceable,for any reason,all of the remaining provisions shalt nevertheless continue in full force and ei1eq. I7 a„"7 12� Dated: /Q SOA— f Plaintiff JIANG ZHONG BIN Dated; tf) /S� Pfv t I PisintiffJ ANG HE UNG j Dated: i Plaintiff WEND BIN Dated: aintiff YAN KEZE Dated: Plaintifl'YE JINRENG Dated: Plaintiff LIU Z1JIA,by and through her Guardian ad Litem L%%U0ern181man1Aio96ox¢1en&Law Calm WGVt&11wW•PI Auto-Of 1713 fCOL4 Women&DAun mt nWelew[10.07.2015J.do" 327314.1 380.37918 i ! Y g+- x { 54,, f. 4 F § .-..* ):d` �,. Y f"i t' yr = �-•S b i�L FS J �,�a.F� . WOVO 5-,. 5' 4 .. ..- vk'F"i 3C� !� a i} •1'SF } f� ` F - T' r � �9 ,�'. .... „ a ..,�,�D i t•,:•.:w �a• �rsr r p,} �+t t Mr... ���. pp 3 is e i � ' k( f� :�,r� ! ��;r r 5 t �g � &u.Y.9`• $ �F�d s t 5 k a' a yy p x#' fr a•.�#i..e W s r ft„ a s r ,ir r 9 , � r , } aye ;'t� d•r— ..x..e .. ». A .1 EkP ryi lr4Y.w '+ r , fi ... „r � tom.. �a•"�ne Y B r !`i{ f § s s , , r t a l 1 raja 1 k �r a PIATAtiff Gly ZENO CHANG _ V PlainitalffLIUCHMMME1~kPIN i Pl ' - IP MeLOYERS MeENSATION INSURANCE COMMYl s CrEYO F +,Paul W.poor,MayoroMity afRodluds I m i ey a i r3 a. q f i S8TTL1 `t7 AND RELEASE AORSEMENT Page 12 of13 • i Dated; plaintiff LIU ZBNO CHANG i Dated: } Plain IU HIEN PIN Dated; Plaintiff LIU Q1U XIA Dated: PSaintifPCHEN MAO QTNG f Dated: Plaintiff LIU YIN YAN EMPLOYERS COMPENSATION INSUR 'NOB COMPANY Dated: BY. ! { i t CITY OF REDLANDS Dated: ;l By:Paul W.Foster,Mayor of Ck 4 K OUsa0f=Uh pbox pn UwCanwiNKUW.Wand-A1 A=-011713Ki3L4�1lURMitD i SETTLEMENT AND RELEASE AGREEMENT Page,11 of 13 Dated:, Plaintiff Eit ANG CUANG ated:. � Plair<tlffIE7 CHI};I�T PIIS Dated: Plaintiff YSU QIU XIA Dated: Platntiff CHEN MAO QINo • Dated:. Plaintiff LIUYINYAN EMPLOYERS COMPENSATION INSURANCE CtFiVIl'A Dated,. _ CrrY OF REDLANDS B PPi l W.Posteic,Mayor of City of ReZl v C;1(horelBLiwlr�.TL � 1AwpDatniLaaaRMloraoll►WlndvaallNclLYa4w;CmNant.OutivoklDLDTWSM011lvlvwv t0.O7.7Ail.dvox i 322224.1 38437948 i I I SETTLEMENT AND RELEASE AGREEMENT Page 11 of 13 I Dated: I Plaintiff LIU ZENG CHANG Dated: Plaintiff LIU CHIEN PIN Dated: Plaintiff LIU QIU XIA Dated: Plaintiff CHEN MAO QING Dated: Plaintiff LIU YIN YAN i EMPLOYERS COMPENSATION INSURANCE COMPANY Dated: By: CITY OF REDLANDS Dated: By: Paul W. Foster,Mayor of City of Redlands ATTEST: III SAM IRWIN, City Cl PADECSUiangMsc\Rcicase[10.07.2015].docx 322224.1 380.37948 I I SETTLEMENT AND RELEASE AGREEMENT Page I2 of 13 NATIONAt CASUALTY COMPANY Data. la' .Z1 2,01 S By: i APPIt0vtIJ AS Ta:I±•0k-M; Ik I LARt OFFICES OV I-ENNETI*I.GROSS:& ASSOCIATES Dated; By, ;Kenneth I,Gross, Attorneys for?lamt'iffs JIANGZHOX(Y.DIN,. JI.ANa,OR LINO;'-t�l!ENQ BTN;.YA1N:'IG✓ $; YE JiNFENk LDJ Zlll,A,a minor by:$rid through flex Guardian ad'Litem,LWZEN CHANG,LIU CHIEN FIN,;LIU QIU XIA, CHEN-MAO-QTNG;and LIYIN YAh ALDERLAW,P.C. Dated: :Laur$�edt'isli>:Esq. ;Attorneys far'PlaiiMs JIANG MOND-HIN, JIANG FIE LMG;VENG I3IN,YAN.KW,. f YE JINFENG,LIU.ZUTA,.arninor by and: throuo her Guardian ad:Litem,.LZU UNG CHANG,LIU CHltN.PIN,�LIU SILT XIA, CHEN.MAO QING,and:I,IU'YIN`YAN C;1U3eaUivlintli0.ppDetd+LoCeATempGtute��1F3A76Ut�1eese[IOta?201Sj.docx: 322224,1 380:37948' I I •; II SETTLEMENT AND RELFASE A(3REEMENT Page 12 of 13 NATIONAL CASUALTY COMPANY Hated; =y i jAPPROVED AS-TO FORM: LAW OFFICES OF KENAIISTH j.GROSS& ASSOCIA Dated. t By: ,Esq,Kcnacth.I. ASSOC for plaititim Wo ZHONG BIN, JIANG HE LING,WENG BIN,YAN KEZE, YE JINFBNG,LIU ZIJIA,a minor by and through her Guardian ad Litern,LIU Z>;NQ CHANG,LIU CHIEN PIN,LTU QIU XiA, CHVN MAO QTNG,and LTU YIN YAN ALDERLAW,P.C. Dated By' Laura Sedrieb,Esq. w Attorneys for Plaintiffs JIANG ZHONO BIN, NANG HE LING,WBNG BIN,YAN KSZ% YE JINFENQ,LIU ZIJIA,a minor by and ` through her.Guardian ad LitPA%LTU ZEN(3 [ CHANG,LIU CHIEN PIN,LIU QIU XIA, CWN MAO QING,and LIU YIN YAN I I end.pl Aub•011713)L05q*—t Dla enema Meleeu[10 07.z0lSjdM 4c;wee*a +� °1ntMy�bpO�°�ed1 3gq Xl 380.3194% SETTLEMENT AND RELEASE AGREEMENT Page 12 of 13 NATIONAL CASUALTY COMPANY I Dated: APPROVED AS TO FORM: LAW OFFICES OF KENNETH I.GROSS&. ASSOCIATES Dated: By: Kenneth I.Gross,Esq. Attorneys for Plaintiffs JIANG ZHONG BIN, HANG HE LING,WENG BIN,YAN KEZE, YE JINFENG,LIU ZIJIA,a minor by and through her Guardian ad Litem,LIU ZENG CHANG,LIU CHIEN PIN,LIU QIU XIA, CHEN MAO QING,and LIU YIN YAN ALDERLAW,P.C. Dated: —� � By: L a Sedrish,Esq. Attorneys for Plaintiffs JIANG ZHONG BIN, RANG HE LING,WENG BIN,YAN KEZE, YE JINFENG,LIU ZIJIA,a minor by and through her Guardian ad Litem,LIU ZENG CHANG,LIU CHIEN PIN,LIU QIU XIA, CHEN MAO QING,and LIU YIN YAN C:1UserslLSeAra\AppDatalLepeltMlorosoftiWlndowelTemposarylntemotPUadlContenLautlooWMA929K%Gleese100720li.doex 322224.1 380.37949 I I 1 i SETTLEMENT AND RELEASE AOREEMENT Page 13 of 13 TODIN LUCKS,LLP Dated'' �/,1�� Ey: .'::•-,.- ... . . ._ � , Altcrkne s forl?' ? ?YSRS CON'.I S. ON INSURANCE COMPANY DISENHOUSE LAW,APC r i Dated: :—„ .. B isonhouso,Esq, i Attorneys for CITY OF REDLANDS i GREEN&HALL,APC I I Dated:�_D o2�C Ja . ozz 2.tkt _. ..... Co ounsol for CITY OF R13DLANDS f i S13LMAN BR13ITMAN LLP F Dated: rnllda-W%d-cws%Bsq.. Counsel for NATIONAL CASUALTY COMPANY • S • i I C1Uso��ilfycl:J.Tl.NppDgt�llcctllMlerusolNwlrtdausllMdCnohclCbntent.0utlookY7LDS14SMU1Rdaaca 10,1Y1,2013.diwx 322224.1 150.37448 !