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City of Columbia Settlement Agreement Final
City of Columbia Settlement Agreement Final
the US District Court for the Western District of Missouri (hereinafter the
Lawsuit), against the Officers and other parties seeking money damages
for injury sustained by Ryan commencing on March 10, 2004, when he was
arrested, charged, and prosecuted for the Heitholt homicide, for which he
2013; and
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homicide occurred on the night of October 31/November 1, 2001, in
each was an employee of the City of Columbia, Missouri within its Police
Department, and acting in a law enforcement capacity within the course and
about August 14, 2015, which resulted in the Officers taking an interlocutory
second order by the District Court, dated January 17, 2017, explicitly
witnesses; and
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WHEREAS, the Officers deny having participated in a reckless
investigation of Ryan and state that they investigated the Heitholt murder in
WHEREAS, the Officers deny any and all other liability to Ryan; and
uncertain, and that if they do not prevail, that Ryan will have a jury trial in
the District Court on his claims against them, and the outcome of any jury
the City of Columbia as the named insured, with each of the Officers as
Insurance Policy No. XLA00310078, for the policy period of October 31,
to govern; and
Lawsuit; and
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WHEREAS, Columbia has self-insured retention under the Clarendon Policy
responsible up to that amount for the costs of defending Ryans claims and
suit, and for indemnifying the Officers for any judgment against them
to govern; and
defend and indemnify the Officers, subject to the limit of its coverage and
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Insurance Policy No. GP06301913, for the initial policy period of October 1,
2006 through October 1, 2007, and renewed annually for a total of five
separate one year policy periods, ending on October 1, 2011, which included
Lawsuit; and
do or may provide a duty to defend and indemnify the Officers, and this
Ryans claims and damages, which Travelers Policy or Policies would have
coverage, the Officers have entered into this agreement in order to protect
WHEREAS, the Officers have been informed by their defense counsel, and
summary judgment for the officers, there is an evidentiary basis for and
material risk that, should the Lawsuit be tried to a jury it could find for Ryan
in the Lawsuit, and if a jury so finds, that based on the history of cases
elsewhere in the United States, that their liability will almost certainly
Ryan in exchange for a full and complete release of Ryans claims and
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NOW, THEREFORE, the Officers, Ryan, Columbia, and Clarendon, for
follows:
liability, wherein the Officers and Ryan each have evidence in support of
their respective positions, the Officers and Ryan agree to settle the liability
portion of the Lawsuit. The Officers and Ryan further agree that District
2. The parties waive their right to a jury trial, and agree that the District
Ryan and the Officers each having the right to put on evidence, to make
and all other relief which Ryan may request that the District Court decide
parties do agree and stipulate that any such judgment is a legal liability of
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each of the Officers, fully enforceable against them except as set out in this
agreement.
Clarendon and the City of Columbia agree that they shall immediately pay to
Ryan, as Ryans legal counsel requests, one or more checks in the amount of
5. The parties waive in advance their respective rights to appeal the final
6. From the amounts set out above, Ryan agrees to authorize his legal
counsel to escrow $100,000.00 in her trust account for up to three years from
the date of the District Courts Judgment, which shall be available to the
for the homicide of Kent Heitholt. In the event there are no such civil
proceedings commenced within three years, then the Officers claims to such
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funds shall terminate by operation of law and the funds may be released to
if the District Courts Judgment is equal to or lower than the amounts set
forth in paragraph 4.
Officers entering into this Agreement under the particular facts and
c. The proceeds of any cause of action or claim that the Officers may
have against Travelers, or any other insurer (other than Clarendon) or entity
which insures or owes a duty to indemnify the Officers for Ryans claims or
judgment, which the Officers or Columbia may possess against such insurers
or indemnitors, including but not limited to, any extra-contractual claims for
Officers.
10. From the date the Judgment described above is entered, the Officers
and Columbia will, within 15 days, assign to Ryan, all rights, claims, actions
and causes of action Columbia and the Officers have or may have against
Travelers or others arising from the actions of Travelers or any other insurer
in failing defend and cover Ryans claims and Lawsuit, and to take no part in
attempting to settle the same for the limits of Travelers Policy, or any other
Officers or Columbia contends that he, she, or it, has sustained damage as a
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result of the conduct of Travelers or any other insurer in addition to the
participate with Ryan in the cause of action against Travelers or any other
garnish the Travelers Policy, or any claim assigned to Ryan by the Officers
the Officers which shall be held by the Officers attorney. Ryan hereby
than two years passes with no pending litigation involving any claim which
12. Partial Release: Ryan for the sole consideration of the amounts to
be paid as described in paragraph 4, does hereby and for his heirs, executors,
the City of Columbia Missouri, and all other current or former employees of
the City of Columbia (other than the Officers), Clarendon and each of their
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agents, employees, officers, servants, successors, heirs, executors,
any of them in any way, and all other persons, firms, corporations,
associations, partnerships, or other entities, of and from any and all claims,
Ryan has now or which may hereafter accrue, including, but not limited to,
any and all claims, actions, causes of action, demands, rights, damages,
way growing out of any and all known and unknown, foreseen and
unforeseen bodily and personal injuries and property damage and the
event which is more particularly described above. This Partial Release shall
not in any fashion release or discharge any claim, cause of action or damage
which Ryan has against the Officers, or the Judgment which the District
Court may enter for Ryan against the Officers, except to the extent of Ryans
Reservation of Claims: Ryan hereby reserves and preserves any and all
claims against Clarendon and the City of Columbia for failure to pay the
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amounts described in paragraph 4, including any and all breach of contract
pertaining to any alleged failure to pay the amounts set forth in paragraph 4.
release any all claims that they may have, both now or in the future,
and each others conduct. Except as set forth herein, Ryan hereby reserves
and preserves any and all claims against the Officers set forth the in the
13. Ryan, the Officers, Columbia, and Clarendon agree that this
representatives and successors of Columbia; and the heirs, assigns, and legal
representatives in the case of Ryan and the Officers. In the event of the
and authorize the Circuit Court of Cole County, Missouri to make any such
appointment and the parties consent to venue in the Circuit Court of Cole
County, Missouri.
16. The parties agree that in the event that this Agreement or any
17. Columbia, Clarendon, and the Officers are aware that Michael G.
Berry, of the law firm Berry Wilson, LLC, who previously represented a
different defendant in the Lawsuit, has assisted and may continue to assist
Ryans counsel in connection with this agreement and proceedings under it,
and that he may eventually serve as counsel for Ryan and others in
and with full information and advice of counsel waive the same to the extent
a conflict exists.
18. The parties acknowledge that they enter into this Agreement
voluntarily and without any collusion and/or coercion from any party to the
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Lawsuit or any other person, firm or corporation including Travelers, and
that each party has been fully and regularly advised as to every aspect of this
19. The effective date of this Agreement shall be the date of when the last
signature pages are appropriate for convenience and for efficient execution.
in person, are fully valid and that a photocopy or facsimile copy of this
agreement is fully valid for all purposes, including any legal proceedings
under it. To foreclose any future issue over this agreement by Travelers or
any other third party, the parties agree to prepare two duplicate originals of
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STATE OF H ,SSQUr' i'
COUNTY OF &cn-e....
BEFORE ME, a Notary Public in and for the county and state aforesaid, personally
appeared, known to me to be the individual named herein and that ~ is of lawful age and
executed tbe foregoing document as k free and voluntary act and deed.
fNWITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
date last above written.
t O\)J<tl--=t 8"' _
My Commission Expires
C~IAMCLANE
My Commission Expires
October 28, 201~
Boone COOlly
Commission 114631131
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Lloyd Sifuoons III
STATE OF Y, l, I rrrrr* 7
)ss.
COUNTY OF )
BEFORE ME, a Notary Public in and for the county and state aforesaid, personally
appeared, known to me to be the individual named herein and that Y+L is of lawful age and
executed the foregoing document as ll\S free and voluntary act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
date last above written.
4 AA al
My Commission Expires
T7
The~MIL
By: Mike Matthes
Title: City Mana~r f "'7..........--
Date: '1-:- --- 1
Attest:
Approved as to Form:
STATE OF MISSOURI )
)ss.
COUNTY OF _BOONE )
BEFORE ME, a Notary Public in and for the county and state aforesaid, personally
appeared Mike Matthes, City Manager of the City of Columbia, Missouri, known to me to be
the individual named herein and stated that he is of lawful age and executed the foregoing
document as his free and voluntary act and deed on behalf of said City for the purposes stated
therein, doing so with the full authority as an official of the City of Columbia, Missouri.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
date last above written.
H~ATHER L COLE
Notary Public Notary Seal
Stitt of Mi11our1, Boont County
Comm1111on # 12287591
t\9=9~
NOTARY PUBLIC
d 'QI~
My Commission Explrt1 Jan 3, 2020
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My Commission Expires
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