HomeMy WebLinkAboutAgr 1997-11-05 (Innisfree)RECORDING REQUESTED
Return to:
Tiburon Town Clerk
1505 Tiburon Boulevard
Tiburon, CA 94920
Assessor's Parcel Nos. 58-171-62 & 58-171-85
Documents Attached
97-07G j441 Rec Fee
I Total
Recorded
01ficial Records I
County of t
MARIN i
JOAN C THAYER I
Recorder I
1 :25pm IO-Dec-97 I
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ANN DA'NFORTH (State Bar No. 110399)
Town Attorney
Town of Tiburon
115 Tiburon Blvd.
Tiburon, CA 94920
Telephone: (415) 435-7370
Facsimile: (415) 435-2438
N 0 V - 5 1997
RACHEL B. HOOPER State Bar No. 98569 - JOHN t MONTGOMERY,
( ) Court Executive Officer
ELLISON FOLK (State Bar No. 149232) MARIN COUNTY COURTS
AARON S. ISHERWOOD (State Bar No. 184392) By: 'B 'en, ]deputy
SHUTE, MIHALY & WEINBERGER
396 Hayes Street ~San Francisco CA 94102 r
(415) 552-7272
Attorneys for Defendants Y
The Town of Tiburon, a municipal corporation -tatt t;~
a.
SUPERIOR COURT OF THE STATE OF CALIFORNI
COUNTY OF MARIN
The Innisfree Companies, a
California corporation,
Plaintiff,
V.
The Town of Tiburon, a municipal
corporation; and DOES 1 to '10,
Defendants,
Case No. 168505
JPFepeged] JUDGMENT (Pursuant
to Stipulation)
Hearing Date: November 7, 1997
Time: 9:00 a.m.
Dept: 7
Judge: Duryee
Action Filed: September 5, 1996
Trial Date: Not Assigned
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Pursuant to the stipulation for judgment filed in this matter and good cause
appearing,
IT IS ORDERED that this action be dismissed with prejudice.
PATIBU MSTFOOIPLD
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RECORDING REQUESTED BY: 3683 I E' c F e
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THIS SPACE FOR RECORDERS USE ONLY
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THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
ADDITIONAL RECORDING FEE APPLIES
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ANN DANFORTH (State Bar No. 110399)
Town Attorney
Town of Tiburon
115 Tiburon Blvd.
Tiburon, CA 94920
Telephone: (415) 435-7370
Facsimile: (415) 435-2438
00Ig D
OCT 3 I IS97
RACHEL B. HOOPER (State Bar No. 98569).
ELLISON FOLK (State Bar No. 149232)
AARON S. ISHERWOOD (State Bar No. 184392)
SHUTE, MIHALY & WEINBERGER
396 Hayes Street
San Francisco, CA 94102
(415) 552-7272
Attorneys for Defendants
The Town of Tiburon, a municipal corporation
jOHN P MONT OfM RY'
Court Executive OURTS
MARIN COUNTY COUP'
By: J. Bartow, ept"Y
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF MARIN
The Innisfree Companies, a
California corporation,
Plaintiff,
V.
The Town of Tiburon, a municipal
corporation; and DOES 1 to 10,
Defendants,
Case No. 168505
STIPULATION FOR JUDGMENT
Hearing Date: November 7, 1997
Time: 9:00 a.m.
Dept: 7
Judge: Duryee
Action Filed: September 5, 1996
Trial Date: Not Assigned
MS 115TRtJMP-N ' 18 A CORRECT
COPY OF THE OR.IOINA.L ON FILE
IN TI TIS OFHIC T
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Defendant, the Town of Tiburon and Plaintiff, The Innisfree Companies, by
and through their attorneys of record stipulate and agree as follows:
1. The Court may enter judgment dismissing this action with prejudice, pursuant
to this stipulation, according to the terms of the Settlement Agreement and Mutual
General Release ("Agreement") executed by the- parties on October 17, 1997.
2. On entry, this judgment will become final.
Dated:
BERG, ZIEGLER, ANDERSON
& PARKER, LLP
By:
illiam J. ie
Dated: Al
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PATIBUR\.STF002.PLD
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SHUTE, MIHALY & WEINBERGER
By:
Ellison Folk
1
RECORDING REQUESTED
RETURN TO:
DIANE L. CRANE, TOWN CLERK
TIBURON TOWN HALL
1505 TIBURON BLVD.
TIBURON, CA 94920
~•-_..f RP_LL
AP Nos. 58-171-62 & 58-171-85
Attached Document:
Settlement Ad&ment and General Mutual Release. dated October 17, 1997
(Pertains to Marin County Superior Court Case No. 168505- Stipulation For Judgment
Filed October 31, 1997)
Recorders Office
County Of
Marin
JOAN C. THAYER
Recorder
19991725
REC FEE 08 .00
TOTAL .00 EE .00
TOTAL TENDERED .00
WME .00
09:15AM 08-Jan-1999 19990108000021
JO ASRe03
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Thank You
Nave A Nice Day
SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE
This Settlement Agreement and Mutual General Release
("Agreement") is entered into as of 1997 between the
Town of Tiburon ("the Town"), a municipal corporation, and The
Innisfree Companies ("Innisfree" ) , a corporation duly organized and
existing under the laws of the State of California.
RECITALS
On September 5, 1996, Innisfree filed a complaint in
Marin County Superior Court, which was amended on December 22, 1996
and again April 28, 1997 ("Second Amended Complaint"). The
Innisfree Companies v. The Town of Tiburon, et al, Case No. 168505
(Marin Superior Court) . In the Second Amended Complaint, Innisfree
alleged two causes of action against the Town, for rescission and
breach of contract based on a 1984 development agreement between
the Town and Innisfree entitled the "Point Tiburon Development
Agreement." (Referred to herein as "Development Agreement").
Innisfree further alleged that it was entitled to rescission of
$142,800 paid to the Town for flood plain work, and to total
restitution exceeding $350,000. The Town denies the allegations of
InnisfreeIs complaints, including specifically the allegations that
it has breached the Development Agreement, that the Town violated
Government Code sections 66000, et seq., and that Innisfree is
entitled to rescission or restitution.
Pursuant to this Court's order, the parties entered into
mediation before the Honorable Thomas Kongsgaard. As a result of
that mediation and in accordance with the parties' wish to
eliminate the expense, time expenditure and unpredictable outcome"
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of litigating all of the issues raised by Innisfree's action, the
parties have agreed to dismissal of the action according to the
terms set forth below.
AGREEMENT
The Town and Innisfree, in consideration of the mutual
covenants of the Agreement, hereby agree to the following terms and
conditions:
1. The Town shall pay to Innisfree the total sum of
$125,000 in full settlement and compromise of this action and in
release and discharge of any and all claims and causes of action
made in this action, in release and discharge of any and all claims
and causes of action arising out of the events or incidents
referred to in the pleadings in this action, including without
limitation any claims arising under paragraph 7 of the Development
Agreement and any claims for attorneys' fees and costs, and in
release and discharge of any and all claims arising out of
Innisfree's reversionary interest in Lot 10 of the Point Tiburon
Subdivision as more fully described in paragraph 2(b) below.
2. Innisfree agrees to accept said sum in full
settlement and compromise of the action. Innisfree further agrees
that such payment shall: (a) fully and forever discharge and
release any and all claims and causes of action, whether now known
or now unknown, which Innisfree has against the Town arising out of
the events or incidents referred to in the pleadings in this
action, including without limitation any claims arising out of
Paragraph 7 of the Development Agreement and any claims for
attorneys' fees and costs; and (b) fully and forever release and
discharge any and all claims and causes of action, whether now
known or now unknown, relating to any interest or rights Innisfree
may have in Lot 10 of the Point Tiburon Subdivision, which
Innisfree dedicated in fee to the Town by document filed on
February 16, 1984 with the Marin County Recorder in volume 19 of
Maps at p. 4. Such release includes but is not limited to a full
release of Innisfree's reversionary interest in Lot 10, which
provides that use of Lot 10 shall be limited to the "public purpose
for which it was dedicated (i.e., recreational, open space,
historical)."
3. This Agreement includes an express waiver of Civil
Code section 1542, which states: "A general release does not
extend to claims which the creditor does not know or suspect to
exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the
debtor."
4. The Town and Innisfree agree to execute and file a
Stipulation for Judgment pursuant to this Agreement and agree to an
entry of Judgment ordering Innisfree to dismiss all causes of
action in the proceeding with prejudice according to the terms of
this Agreement. Judgment may be entered by the Court upon
submission of the Stipulation for Judgment and Judgment. The Town
shall thereafter file a copy of this Agreement and Judgment with
the County Recorder.
5. Innisfree shall protect and indemnify the Town
against any and all liens, subrogation claims and other rights that
may be asserted by any person against the amount paid in settlement
of the action.
6. It is understood and agreed that this is a compromise
settlement agreement of disputed claims, and that the execution of
this Agreement shall not constitute or be deemed or construed as an
admission of liability on the part of any of the parties.
7. The parties represent that they have been represented
in the preparation of this Agreement by the below-listed counsel.
The parties further represent that they have read this Agreement
and that they are fully aware of its intent and its legal effect
and they have not been influenced to any extent whatever by any
representations made to them by each other. The parties further
represent that they participated in the negotiation of this
Agreement and that it will not be interpreted against any of them
as the draftsperson in the event of a dispute about this Agreement.
8. This Agreement represents the sole and entire
agreement between the parties hereto and supersedes all prior
agreements, negotiations and discussions among them with respect to
the subject matter covered hereby. Any amendment to this Agreement
must be in writing and signed by the authorized representatives of
the parties hereto.
9. This Agreement may be executed in counterparts, each
of which when so executed shall be deemed an original, and this
Agreement and all signed counterparts shall constitute one and the
same instrument.
10. This Agreement is deemed executed on the date first
written above.
11. Payment of the stated settlement amount shall be
made within 10 days following the date of this Agreement and prior
to filing of the Stipulation for Judgment and Judgment.
12. Any provisions of Evidence Code section 1152.5
notwithstanding, this Agreement may be enforced by any party hereto
by a motion under Code of Civil Procedure section 664.6 or by any
other procedure permitted by law in the Superior Cpurt of Marin
County.
13. This Agreement, consisting of 5 pages, shall be
construed and enforced in accordance with law of the State of
California.
THE INNISFREE COMPANIES
By:
David
APPROVED ASS
rm
TO FORM:
BERG, ZIEGLER, ANDERSON
& PARKER, LLP
By:
Attorneys /fo
The Innisfree ompanies
THE TOWN OF TIBURON
By:
Terry Hennessy,
Town Mayor
SHUTE, MIHALY & WEINBERGER
By: 6,
Rachel B. Hooper
Attorneys for
the Town of Tiburon
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