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HomeMy WebLinkAboutHahn Motor Company - Release and Settlement Agreement RELEASE AND SETTLEMENT AGREEMENT THIS RELEASE AND SETTLEMENT AGREEMENT (hereafter the "Agreement ") is made and entered into by and between HAHN MOTOR COMPANY (hereafter referred to as "Claimant ") and the CITY OF YAKIMA (hereafter referred to as "City "). WHEREAS, Claimant has filed a Claim for Damages (hereafter called the "Claim ") with and against the City of Yakima alleging, among other things, that Claimant sustained damages as a result of a water leak that occurred on or about December 15, 2008, when water from a City water line entered the basement at Hahn Motor Company located at 1201 South First Street, Yakima, Washington, and claimant further alleges damages as a result of alleged water leaks that occurred prior to that day (hereafter the "Incident "). WHEREAS, Claimant and the City wish to settle and compromise the Claim. NOW, THEREFORE, in consideration of the matters set forth in the foregoing recitals and the mutual covenants and other considerations contained herein, the City and Claimant agree as follows: 1. Settlement Payment to Claimant by the City. Simultaneously with and in consideration for the execution and delivery of the Agreement, the City hereby delivers to the Claimant a settlement check in the sum of Twenty -Nine Thousand Eight Hundred Sixty -Five and 86/100 ($29,865.86) made payable to "Hahn Motor Company ". 2. No Further Prosecution of the Claim. In consideration of the payment by the City of said sum ($29,865.86), Claimant, representatives of Claimant, and Claimant's successors and assigns shall not further prosecute this Claim and shall never, by reason of any matter or cause heretofore occurring or by any reason of any matter or cause hereafter occurring relating to Claimant's alleged damages from the Incident (whether said matter or cause is known or unknown, developed or undeveloped, at the date of executing this Release and Settlement Agreement), institute suit or action at law or in equity or otherwise execute any judgement against the City and the City's elected officials, officers, agents, attorneys, employees, successors and assigns, nor in any way aid in the prosecution of any claim, demand or action for damages, costs, expenses or compensation for loss to its person, property, or both, whether developed or undeveloped, relating to Claimant's alleged damages from the Incident, or for any RELEASE AND SETTLEMENT AGREEMENT -1 claim related to any future water leakage incident, if any, at Claimant's property from Claimant's fire water service line. 3. Release of the City by the Claimant. In further consideration of said sum ($29,865.86), Claimant, representatives of Claimant, and Claimant's successors and assigns do hereby irrevocably and forever release, acquit and discharge the City and the City's elected officials, officers, agents, attorneys, employees, successors and assigns, of and from and all liabilities, claims, cross claims, counterclaims, actions, suits, damages, penalties, costs, losses, expenses, interest, court costs, and attorney fees of any kind and nature whatsoever, known or unknown, arising out of, relating to, or resulting from the Incident, and for or relating to any claim related to any future water damage incident, if any at Claimant's property from Claimant's fire water service line. 4. Claimant Shall Replace Its Existing Fire Water Service Line with a New Fire Water Service Line from Claimant's Property Line to Its Fire Suppression System. In further consideration of said sum ($29,865.86), and in order to prevent future water leaks at its property, Claimant, at its own expense, agrees, represents and warrants to replace Claimant's existing fire water service line with a new fire water service line (referred to as "fire service line ") to Claimant's fire suppression system from the outleg of the valve box that will be placed by the City of Yakima Water/ Irrigation Division at the approximate location of Claimant's property /right -of -way line. With regard to the replacement and installation of the fire service line, Claimant also agrees, represents and warrants that it shall obtain the necessary City permit(s) to install said new fire service line and that said fire service line shall be installed in accordance with the Yakima Municipal Code and all other applicable rules, regulations and laws, and Claimant will complete the installation within three months of the date of Claimant's execution of this agreement. Once the new fire service line is installed, Claimant will have it inspected by a representative(s) of the Water /Irrigation Division and the Codes Division of the City. Claimant understands and agrees that Claimant is responsible for maintenance and repair of its new fire service line at Claimant's own expense from the City's valve to Claimant's fire suppression system, including but not limited to responsibility for leakage or damage from its fire service line. Claimant understands that it must comply with the provisions of the Yakima Municipal Code as it currently exists or may be amended in the future. 5. Assumption of Risk. In further consideration of said sum ($29,865.86), Claimant agrees, represents and warrants that Claimant realizes and acknowledges, and agrees to assume the risk, that actual matters now unknown, unanticipated or misunderstood by Claimant in connection with Claimant's alleged damages from the Incident may have given or hereafter give rise to causes of action, claims, losses and expenses which are presently unknown, unanticipated or unsuspected, or misunderstood, and further agrees, represents and warrants RELEASE AND SETTLEMENT AGREEMENT - 2 that the releases in this Release and Settlement Agreement have been negotiated and agreed to in light of the realization that Claimant nevertheless intend to release, discharge and acquit the City from any such controversies, damages, costs, losses and expenses which in any way are related to the Incident. 6. Indemnification and Hold Harmless of the City by Claimant. In further consideration of said sum ($29,865.86), the Claimant shall defend, hold harmless and indemnify the City, the City's elected officials, officers, directors, agents, attorneys, employees, successors and assigns, from any and all liabilities, demands, taxes, claims, cross claims, counterclaims, actions, suits, damages, penalties, costs, losses, expenses, interest, court costs, and attorney's fees of any kind or nature whatsoever, known or unknown, arising out of, or resulting from the Incident, including but not limited to subrogation claim(s) of any third party arising from the described Incident. 7. No Admission of Liability. It is understood and agreed that this Agreement is the compromise of a disputed claim, and that the payment made herein is not to be construed as an admission of liability on the part of the City and the parties hereby released, and that said releasees deny liability therefor. This Agreement is not intended to be admissible against any party as an admission of liability and /or fault, including but not limited to in claims or lawsuits by other claimants relating to water damage claims. Notwithstanding the immediately preceding sentence, this Agreement, if otherwise admissible, may be introduced into evidence at any proceeding between or among the parties to enforce its terms. 8. Severability. If any provision of the Agreement is prohibited by law or otherwise determined to be invalid or unenforceable by a court of competent jurisdiction, such provision shall not affect the validity of the remaining provisions of this Release and Settlement Agreement. 9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 10. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of the State of Washington for Yakima County. RELEASE AND SETTLEMENT AGREEMENT - 3 11. Claimant Understands the Terms of This Agreement. In entering into this Agreement, Claimant, through Claimant's authorized representative, represents that Claimant has reviewed the terms of this Agreement and that those terms are fully understood by the Claimant. IN WITNESS WHEREOF, this Agreement has been signed by the Claimant, by the City Manager, and by the attorney for the City. DATED this 9 day of June, 2009. HAHN MOTOR COMPANY :_� -^-- Richard F. Hahn Its ? • .� Claimant Tax ID No: °N _ • 0 2! STATE OF WASHINGTON ) ) ss. COUNTY OF YAKIMA ) On this day personally appeared before me Richard F. Hahn, to me known to be the individual described herein and who executed the foregoing instrument, having acknowledged to me that he had the authority to sign the same Release and Settlement Agreement on behalf of Hahn Motor Company, and acknowledged that the foregoing instrument was signed by him as a free and voluntary act and deed of Hahn Motor Company for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. /z WITNESS my hand and official seal this 7 day of June, 2009. P SG M. /v4 c. e stoN 4,4 5 0 ' Signature. � Print Name: ,�i16 NOTARY 'P I NOTARY PUBLIC in and for the State of cn PUBLIC 2 Washington residing at l,�l/'' , T M Commission expires 9 �F� G StiS .15) My p (? 20/D RELEASE AND SETTLEMENT AGREEMENT - 4 CITY OF YAKIMA R.A. Zais, Jr., City Manager ATTEST: MA �� 4 �j 0!29 '�� L / / .�:: i i 0 Cit Clerk * *.. _ ,� �� •• '' .Cps CITY OF YAKIMA LEGAL DEPARTMENT By: -l am C42Y)c}r Helen A. Harvey Washington State Bar No. 5654 Attorney for City of Yakima RELEASE AND SETTLEMENT AGREEMENT - 5 C=117 O Y4 z LEGAL DEPART MENT 200 South Third Street, Yalchna, Washington 99901 (909)5756030 Fax 009)575 -6160 PRIVILEGED AND CONFIDENTIAL: COVERED BY THE ATTORNEY-CLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES MEMORANDUM June 12, 2009 TO: Dick Zais, City Manager FROM: Helen A. Harvey, Senior Assistant City Attorney Tonia Ramirez, Legal Assistant•-- 0. -_ SUBJ: Hahn Motor Company Damage Claim Filed on December 31, 2008 (CIAW Claim No. *26366) - Re water leak in basement of business located at 1201 South First Street on or about December 15, 2008 - Request for Execution of Release and Settlement Agreement Please see a copy of the enclosed cover letter from Craig Nance dated June 10, 2009, and the original Release and Settlement Agreement between Hahn Motor Company and the City of Yakima, which was executed by Richard F. Hahn. At this time we are respectfully requesting you to sign the original Release and Settlement Agreement. Please forward the original and signed Agreement to Debbie Moore, City Clerk for signature and we will ask Ms. Moore to provide a fully executed copy to Tonia Ramirez or Helen Harvey in the Legal Department. We will provide a copy of the Agreement to Mr. Richard F. Hahn. Thank you. Enclosures: Original Release and Settlement g ent Agreement /copy of cover letter 'ARE/VI — YAKIMA Ro. II00X 87 • Y'AKIMA, WASHINGTON 98907 • E -MAIL: yakima@zclaims.com June 10, 2009 Helen Harvey JUN 1 1 2009 Sr. Assistant City Attorney City Of Yakima CITY LEGAL DEPT, 200 S. Third Street Yakima, WA 98901 -2830 RE: Claimant: Hahn Motor Company Claim #: File #: YAK 14928 D /L: 12 -14 -2008 ENCLOSURES: 1. Release and Settlement Agreement Dear Ms. Harvey: Please find enclosed a release signed by Dick Hahn. It now needs Dick Zais's signature, as well as yours. If you could then send Nathan Svetich and I a final copy. I will forward one to the claimant. I had a conversation with Mr. Hahn and the service manager Hans Humfeld. They will start the pipe replacement process by calling a plumber, and then get a hold of Dave Brown for further direction. If there is anything else you need, please do not hesitate to call. Sincerely, 'Cr ' Nance, RPA, AIC Claims Manager Cc Nathan Svetich, CIAW NY ea ‘v,zci ai ,ca,rn 1'aa I)'3 545 1 \"enatchee -- (599) 6(0,5629 t,29 Ya i,maa - -- (5I)9) 452-657.7 'a\ 1 51)9) 5.15 -1-427 k'aa\ (599) 6(0.9033 x' 41.\ I5I)a)) ..1:27236