Shaath & Oudeh Settlement Agr - signedSETTLEMENT AGREEMENT AND MUTUAL RELEASE
OF ALL CLAIMS AND RIGHTS
This Settlement Agreement and Mutual Release ("Agreement") is made among and between: (1)
SHAATH & OUDEH GROUP, INC. ("S & O") including its representatives, agents, and assigns
[collectively referred to as "Claimants"]; (2) CITY OF LA QUINTA ("La Quinta") including its
representatives, agents and assigns and (3) GRANITE CONSTRUCTION COMPANY ("Granite"); [La
Quinta and Granite are collectively referred to as "Defendants"].
1. RECITAL
A. S & O filed a complaint entitled Shaath & Oudeh Group, Inc. v. City of LaQuinta;
Granite Construction Company, et al., Riverside County Superior Court Case No. PSC 1404174 ("the
Litigation"), setting forth causes of action for nuisance, negligence and trespass. The causes of action seek
damages arising out of construction activities which S & O alleges restricted its business activities, limited
its business operation, and caused property damage. Defendants dispute Plaintiff's claims.
B. Following mediation and negotiations, the Parties have reached the settlement
documented by this Agreement.
C. In entering into this Agreement, the Parties do not admit the truth or sufficiency of
any of the claims, allegations or defenses asserted against that Party. The Parties intend by this Agreement
to settle, finally and completely, all claims, demands, actions, causes of action, known and unknown,
concerning the Litigation or which could have been asserted in the Litigation.
2. DEFINITIONS
As used in this Agreement, the following phrases and words have the following meanings:
A. "Litigation" shall mean and refer to the lawsuit filed and entitled Shaath & Oudeh
Group, Inc. v. City of La Quinta; Granite Construction Company, et al., Riverside County Superior Court
Case No. PSC 1404174.
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Shaath & Oudeh Group, Inc. v. City of La Quinta, et al
RCSC Case Number PSC 1404174
B. "Parties" shall refer to the Claimants and the Defendants, listed in the initial
Paragraph of this Agreement.
C. "Claim" or "Claims" shall refer to any and all claims, known and unknown,
demands, liabilities, damages, complaints, causes of action, intentional or negligent acts, and any other
related actions concerning the construction activities alleged in Plaintiff's complaint and the claimed
damages resulting therefrom.
D. "Property" or "the Property" shall refer to property, real and personal, located at
46150 Washington Street, La Quinta, California.
3. SETTLEMENT AND MUTUAL RELEASES
A. FOR AND IN CONSIDERATION of the sum of TWENTY-SIX THOUSAND
AND 00/100 DOLLARS ($26,500.00), payable as specified below, Claimants hereby release and forever
discharge The City of La Quinta and Granite Construction Company, their agents, employees, successors,
assigns, principals, agents, property managers, affiliates, insurers, and representatives from any and all
rights, claims, demands, and damages of any kind whatsoever, known or unknown, existing or arising in
the future, resulting from, related to, or arising from the construction and other activities alleged in the
Litigation.
B. The settlement sum referenced in paragraph A, above, shall be paid by check or
draft as follows: The sum of $21,500.00 shall be paid by the City of La Quinta or its insurers to John J.
Gulino Attorney Trust Account; the sum of $5,000.00 shall be paid by Granite Construction Company or
its insures to John J. Gulino Attorney Trust Account. The payment obligations of La Quinta and Granite are
several, not joint. The payments shall be made within twenty days of full execution of this Settlement
Agreement and Release.
C. Except as provided in paragraph D, below, the Parties to the Litigation, for
themselves and their predecessors, successors, assigns, agents, principals, affiliates, attorneys and
representatives, and for each of them, and for any person or entity that could possibly assert a Claim
through or under them do hereby fully, finally and generally release, waive, acquit and forever discharge,
Settlement Agreement and Mutual Release Page 2 of 7
Shaath & Oudeh Group, Inc. v. City of La Quinta, et al
RCSC Case Number PSC 1404174
each other, and all of their respective agents, servants, employees, employers, directors, officers, owners,
attorneys, agents, divisions, subsidiaries, affiliates, predecessors, successors, assigns, partners, and joint
venturers from any and all Claims, demands, liabilities, damages, causes of action, costs, expenses, and
compensation of every kind and nature whatsoever, past, present or future, whether known or unknown,
actual or contingent, including, without limitation, any and all Claims asserted, or which could have been
asserted, in the Litigation.
D. The release provided in paragraph C, above, does not extend to claims that La
Quinta may have against Granite for defects in the work of improvement known as Highway 111 at
Washington Street Intersection Improvements, City Project 2011-01, which defects are currently unknown
and undiscovered, nor does the release extend to any claims or defenses Granite may have in connection
with such unknown and undiscovered defects.
E. The Parties to the Litigation and Claims expressly, voluntarily, and knowingly
waive any and all rights granted to them under California Civil Code § 1542 resulting from or related to any
and all damages arising from the facts and circumstances alleged, or which could have been alleged, in the
Litigation.
California Civil Code Section 1542 provides: "A general release does not extend to claims
which the creditor does not know or suspect 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."
Each of the Parties hereto represents, warrants, and understands that this waiver of rights
under Civil Code § 1542 is a material part of the consideration given for the mutual releases provided
herein, and that the Parties would not have entered this Agreement in the absence of such waiver.
F. The Parties understand that this is a compromise settlement of all claims arising out
of the facts and circumstances alleged in the Litigation, and there is no admission of any liability.
G. Claimants understand that this is all the money or consideration that will be
received from Defendants, successors, assigns, principals, agents, property managers, affiliates, and
representatives, for any and all claims arising out of the facts and circumstances alleged in the Litigation.
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Shaath & Oudeh Group, Inc. v. City of La Quinta, et al
RCSC Case Number PSC 1404174
H. Claimants shall cause their complaint to be dismissed with prejudice in its entirety
within 10 days from receipt of the last of the payments described in paragraph B, above. Each party will
bear its own litigation costs, attorneys' fees, and all expenses incurred in connection with the Litigation.
This Settlement Agreement is enforceable by the Court under California Code of
Civil Procedure § 664.6.
4. REPRESENTATION
The Parties acknowledge and represent that they have had the benefit and advice of legal
counsel in evaluating, finalizing, and executing this Agreement.
5. PRIOR ASSIGNMENT OR TRANSFER
The Parties each represent and warrant that they own all rights, title and interest to the
claims released or waived by them in this Agreement and that there has been no assignment or other
transfer, whether expressly or by operation of law, of any claims or causes of action which are being
released pursuant to the terms of this Agreement.
6. NO ADMISSION
In entering into this Agreement, the Parties do not admit the sufficiency of any claims,
allegations, contentions, or positions of any other party nor the sufficiency of the defense to any such
claims, allegations, assertions, contentions, or positions. The Parties have entered into this Agreement in
good faith and with a desire to settle among them and release the Claims and Litigation set forth above.
7. MISCELLANEOUS
A. Each of the signatories warrants and represents that he/she are competent and
authorized to enter into this Agreement on behalf of the party for which he/she purport to sign.
B. The Parties acknowledge and agree that each of them, as between them, will bear
their own costs, expenses, and attorney's fees arising out of and/or connected with this Litigation.
Settlement Agreement and Mutual Release Page 4 of 7
Shaath & Oudeh Group, Inc. v. City of La Quinta, et al
RCSC Case Number PSC 1404174
C. This Agreement is the product of negotiation and preparation by and among the
Parties and their respective attorneys. Neither this Agreement nor any provisions shall be deemed prepared
or drafted by any one parry or another, or its attorneys, and shall not be construed more strongly against any
party.
D. This Agreement may be executed in counterparts, such that when the executed
signature pages taken together shall constitute the entire Agreement. A photocopy, facsimile, or scanned
and printed copy of this signed Agreement shall be as effective as an original, and it shall be no defense to
any action on this Agreement that the original signed document is lost, destroyed, or otherwise unavailable,
or that a copy is introduced in evidence in lieu of the original.
E. This Agreement has been negotiated and entered into in the State of California. It
shall be governed by, construed and enforced in accordance with the laws of the State of California in
effect as of the date of the Agreement and according to its fair meaning as if prepared by all Parties.
F. All representations and warranties and agreements set forth in this Agreement shall
survive the execution date of this Agreement.
G. The undersigned shall execute and deliver all documents and perform all further
acts that may be reasonably necessary to effectuate the provisions of this Agreement
H. Each of the undersigned have entered into this Agreement voluntarily and not in
reliance upon any covenant, representation, warranty, consideration or inducement, not expressly recited
herein. It is understood that the facts with respect to which the releases are given may turn out to be other
than, or different from, the facts now believed to be true, and each Parry hereto expressly assumes the risk
of the facts turning out to be different than they believe them to be, and each Parry agrees that the foregoing
release shall, in all respects, be effective and not subject to termination or rescission because of any such
mistaken belief.
This Agreement sets forth the entire agreement among and between the Parties with
regard to the subject matter hereof. All agreements, covenants, representations and warranties of the
Parties, express and implied, oral and written, with regard to any subject matter are contained herein and in
the documents referred to herein or implemented in the provisions hereof. No other agreements, covenants,
Settlement Agreement and Mutual Release Page 5 of 7
Shaath & Oudeh Group, Inc. v. City of La Quinta, et al
RCSC Case Number PSC 1404174
represeo,tations r warranties, express or implied, oral or written, have beery.made by any party to the other
with rel pect to t e subject matter of this Agreement, All prior and contemporaneous conversations,
negofla�ions,po ible and alleged agreements and representations, covenants and warranties with respect to
the subji6ct matt hereof are waived, merged herein and superseded by this Agreement. This is an
integral dAggree ent. This agreement cannot. be modified or amended in anyway, except by a writing
signed. 'ythe Pq to be charged therewith.
WI, SS WHERBOF, the undersigned have executed this Agreement, By signing this
AgreemLpt, the rties acknowledge that they have read the foregoing Settlement Agreement and Mutual
Release I'. f All QT ims and Rights.
Dated, —7— QULINO LAW OF/FICE
M-1
Dated:
Settleme t Agre
Shaath udch
RCSC Qaop11
Nun
qpp I's?yprop
Xy Shahin Shaath
Its President
RUTAN & TWJ�ER,, LLP
ap, Inc. v, City of La Quinta, et al
PSC 1404174
Dated;
Dated:
CITY OF LA QUINTA
By
Its
BOOTH' -CHELL & STRANGE, LLP
By:
DAVID R. K PER
Attorneys for Defendan
GRANITE, CONSTRU TION COMPANY
Dated: -"-7,— -�2-0 ( 6
GR,A,,-NITE CONSTRUCTION COMPANY
By V%4 rz Lic" k ,A c- �--
Its J-4 4- b i tr-'f* 4z
Settlement Agreement and Mutual Release Page 7 of 7
Shaath & Oudeb Group, tne, v, City of La Quinta, et al
RCSC Case Number PSC'1404174
representations or warranties, express or implied, oral or written, have been made by any parry to the other
with respect to the subject matter of this Agreement. All prior and contemporaneous conversations,
negotiations, possible and alleged agreements and representations, covenants and warranties with respect to
the subject matter hereof are waived, merged herein and superseded by this Agreement. This is an
integrated Agreement. This agreement cannot be modified or amended in any way, except by a writing
signed by the Party to be charged therewith.
IN WITNESS WHEREOF, the undersigned have executed this Agreement. By signing this
Agreement, the Parties acknowledge that they have read the foregoing Settlement Agreement and Mutual
Release of All Claims and Rights.
Dated:
Dated:
Dated:
GULINO LAW OFFICE
By: JOHN GULINO
Attorney for Plaintiff,
SHAATH AND OUDEH GROUP, INC.
SHAATH AND OUDEH GROUP, INC,
By Shahin Shaath
Its President
Approved as to form by
RUTAN & TUCKER, LLP
William H. Ihrke, City Attorney
Attorneys for Defendant,
CITY OF LA QUINTA
Settlement Agreement and Mutual Release Page 6 of 7
Shaath & Oudeh Group, Inc. v. City of La Quinta, et al
RCSC Case Number PSC 1404174
Dated:
Dated:
Dated:
Digitally signed by Christopher James
Escobedo
DIN: serialNumber=2n0x5tn3j7vx3c1 g,
c=US, st=California, I=La Quinta,
o=Christopher James Escobedo,
cn=Christopher James Escobedo
Date: 2016.08.1913:17:09-07'00'
CITY OF LA QUINTA
By Frank J. Spevacek
Its City Manager
BOOTH MITCHELL & STRANGE, LLP
M.
DAVID R. KIPPER
Attorneys for Defendant
GRANITE CONSTRUCTION COMPANY
GRANITE CONSTRUCTION COMPANY
By
Its
Digitally signed by Susan Maysels
Ow4ll,�64�
DN:serialNumber=j4r7111g1 ppsr45f, c=US,st=California, I=La Quinta, o=Susan Maysels,
cn=Susan Maysels
Date: 2016.08.19 14:37:50-07'00'
Settlement Agreement and Mutual Release Page 7 of 7
Shaath & Oudeh Group, Inc. v. City of La Quinta, et al
RCSC Case Number PSC 1404174
City of La Quinta
VENDOR: 08392 GULINO ATTORNEY TRUST ACCT, JOHN J
DATE ID PO # DESCRIPTION
8/2/2016 082516 08/02/16- SETTLEMENT AGREEMENT
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
(760) 777-7150
WELLS FARGO
11-24/1210 (8)
PAY ---Twenty One Thousand Five Hundred Dollars and 00/100 Cents ---
TO THE GULINO ATTORNEY TRUST ACCT, JOHN J
ORDER 2107 NORTH BROADWAY STE 306
OF SANTA ANA, CA 92706-
CHECK NO: 112187
08/26/2016
GL ACCT # AMOUNT
101-1007-60442 21,500.00
CHECK TOTAL 21,500.00
CHECK NO: 112187
08/26/2016 $21,500.00
i L__f A Hp��RIZEO SIGNATURE
A HO IT.FA SIGNATURE
v112187111 1:1210002481: ii`41S9213 2482111
`emsQumrcu-
r
4 DEMAND / CHECK REQUEST
,
(IF i -- - - -- - -- -- ------
_— Return check to requestor Mail check ❑ Wire
Name / Title of person requesting check
MONIKA RADEVA
tAUG
Department individual is associated with 2 6 2016
CITY CLERK GtTM OF LA QUINTA
FINANCE DEPT,
Check payable to:
John J. Gulino Attorney Trust Account 21 500.00
(Name) (Vendor No.)- Amount: $
2107 North Broadway Account Number: 101-1007-60442
(Address)
Suite 306 Project Number; Court Case No. PSC 1404174
—
Santa Ana, CA 92706
Check description and invoice number:
Shaat & Oudeh Settlement Agreement approved by Council on 08/02/16. Both parties have
-come tQ an dyteement fo, the aii,ou,it-orf-$-26,5150--of--vvhich-tfre--C-It-V owes the aryeunt-o-f
$21,500. Please see page 2 of the attached agreement.
APPROVED FOR PAYMENT
(Finance Department Use Only)
BY:
Signature:
BY: �- - -
(i]epar(meni W'0�- _ -- ACCOUNT NO.
lt�f
(Date) DESCRIPTION
8/31/2016
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Date Printed 8/31/2016
Shipped From:
CITY OF LA QUINTA
78495 CALLE TAMPICO
LA QUINTA, CA 92253
Ship To Company:
JOHN GULINO ATTORNEY
2107 NORTH BROADWAY 306
SANTA ANA, CA 92706
JOHN GULINO (714)541-6900
11-luill 1111
D 10011000286246
Tracking#D 10011000286246
Sent By: MONIKA RADEVA
Phone#: (760)777-7035
wgt(lbs): 0
Reference: SHAAT & OUDEH SETTLEMENT
AG RMT
Reference 2: SETTLEMENT PAYMENT
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Monika Radeva
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Reference : SHAAT & OUDEH SETTLEMENT AGRMT
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