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.
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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
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RELEASE AND SETTLEMENT AGREEMENT - 4
CITY OF YAKIMA
R.A. Zais, Jr., City Manager
ATTEST:
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Cit Clerk
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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
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