The URL can be used to link to this page

Home My Public Portal About20080213 - Resolution - Board of Directors (BOD) Cover Sheet for Scanning by ECS Oriainatina Department General Manager Laserfiche Template Board of Directors Template Fields Document Date: 2/13/2008 Document Type: Resolution Preserve Name: f Keywords (no more than 4): Settlement Agreement Gulf Insurance I Project Name: Project Number: Vendor or Other Party: Name(First): Name (Last): Address: APN Number: Document No. 08-07 Additional Field: Additional Field: Additional Field: Additional Field: i RESOLUTION 08-07 RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING APPROVAL OF AN AGREEMENT WITH GULF INSURANCE COMPANY RELEASING AND SETTLING DISTRICT CLAIMS FOR DAMAGES IN EXCHANGE FOR THE PAYMENT OF $43,179.31 AND AUTHORIZING THE EXECUTION OF ALL NECESSARY OR APPROPRIATE DOCUMENTS The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: a Section One. The Board of Directors of Midpemnsula Regional Open Space District does hereby approve the Release and Settlement Agreement attached hereto and by reference made a part hereof, and authorizes the General Manager to execute said Agreement and all other necessary or appropriate documents on behalf of the District. * * * * * * * * * * * * * * * * * * RESOLUTION No. 08- 07 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on February 13, 2008 at a Special and Regular Meeting thereof, by the following vote: AYES: Jed Cyr, Mary Davey, Larry Hassett, Curt Riffle Ken Nitz, Nonette Hanko, Pete Siemens NOES: None ABSTAIN: None ABSENT: ATTEST: APPROVED: 7) Secretary esi en Board of Directors Board of Directors I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District I#rk Amand, Gruenthal V EL E RS i Account Executive TRA Houston SLG (713)787-4133 (713)787-4192(fax) P.O. Box 42929 Houston,TX 77242-2929 January 28, 2008 Craig Britton General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 RE: Claim No.: GU282-61-35-004 Policy Number: GU 2826135, effective July 1, 2002 to July 1, 2005 (the "Policy") Dear mr. Britton: I I write to confirm the agreement between and Gulf Insurance Company("Gulf') and the Midpeninsula Regional Open Space District (the"District") concerning the above-referenced matter. As you know, certain releases of a petroleum product were discovered on or about February 26, 2004 and January 8, 2005 (the"Releases"), emerging from the ground in the proximity of the former Hassler Health Home at the Pulgas Ridge Open Space Reserve(the "Site"). The District reported the Releases to the San Mateo County Environmental Health Department (the "health Department"),which opened a case in its Groundwater Protection Program. The District responded to and remediated the Releases, reported to the Health Department, and the Health Department closed its file. The District sought reimbursement from Gulf for the costs it so incurred in connection with its investigation and remediation of the Releases at the Site. Gulf disputed that the District was entitled to reimbursement of all such expenses. The District and Gulf hereby agree to fully and finally resolve the Claim, without resorting to litigation, as set forth below. As a compromise and in full and final settlement of the Claim, Gulf agrees to reimburse the District a total of$43,179.31 (the"Settlement Payment"),which sum represents reimbursement of"cleanup costs" as that term is defined in the Policy. The Settlement Payment is inclusive of, and Gulf expressly releases, any Self Insured Retention. In consideration of the Settlement Payment, the District agrees to release, acquit and forever discharge Gulf from all past, present and future actions, claims, rights, counts, suits, causes of action, obligations, debts, demands or liabilities of any kind or nature, known or unknown, foreseen or unforeseen, matured or unmatured, which in any way arise from or relate to the Releases, the Site and/or the Claim including, but not limited to, any claim based upon or asserting that Gulf acted in "bad faith" or in breach of any duty, obligation or covenant, Page 2 contractual, statutory or otherwise, in connection with its response to or handling of the Releases, the Site, the Claim and/or this agreement. It is the intention of the Parties that the foregoing releases shall be effective as a bar to all matters released herein. In furtherance, and not in limitation, of such intention, the releases described herein shall remain in effect as full and complete releases, notwithstanding the discovery or existence of any additional facts or claims. To further effectuate this intention, the Parties hereby waive their rights under California Civil Code Section 1542, and any statute, rule or legal doctrine similar to California Civil Code Section 1542, for any and all matters released herein. This Agreement is not and shall not be construed as an admission or concession of coverage, responsibility, liability, non-liability or wrongdoing by any Party to this Agreement. This Agreement is the product of informed negotiations among the District and Gulf and their representatives, including counsel, and involves compromises of previously stated legal positions. With respect to rights and obligations regarding all matters outside the scope of this Agreement or regarding any Person not a party to this Agreement, the District and Gulf each reserve all positions and all rights, defenses and privileges. Each Party understands and accepts the other Party s reservation of rights. Except as otherwise specifically provided herein no waiver or estoppel shall arise as a result of this Agreement, or any delay in its having been undertaken, nor shall any term, provision, condition, exclusion, endorsement or other limitation of any insurance policy be considered waived. i assent to this Agreement b signing below and returning an Please indicate the District's ass gr Y gn g g original executed copy of this Agreement to my attention. I will promptly thereafter forward the Settlement Amount to your attention. 1 inc,S , Y C/Amanda Gruenthal Craig Britton, General Manager on behalf of the Midpeninsula Regional Open Space District