Settlement document

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8F.TTLEMENT AGREEMENT AND GE1'F.RAL RF..LEASE This Settlement Agreement nnd Gcnernl Rclcnsc (the '·Agreement") is made' nnd entered into this da) of ~eptember, 2018, by and bct\\,ecn DANIEl REALE, RODNFY 11/\NSCOMO. RODER . .

MISBACH. and TIIE Lll3L:,RTARIAN PARTY OI· CONNECTICUT (hereinaflercollcclivcly rcfcm:d to a<, ..Plairitiffs'"). and KEVIN SCARPATI (hcreinatler '·Dcfcndanf' ), for themselves and their respective heirs. executor,, successors, officials. ~1cimbers.

agent:.., employee:... direclJ s, officer~. executives.

counci.l n11_:rnbcrs. hoard members and ad\ninistrators. ;laintiffs and Defcnd~llt arc referred to jointly herein as ·'the Parties:· WHEREAS. Plaintiffs were present in or around the 2018 Daffodil Festival at Hubbard Park

located in the ~ity 0°f Merid~n in April. '.!O 18 (the •·rcslivar') for the purposl of clrculating a b~llot petition and allege ihai Defendant violated thdr First Amendment and Fourteenth ·Amendment rights by . tI11.!ITI .to b.C rCllltlVCuc l , ·rom I1°lC FCsllva • . 1( thC ••r·~vent""); causing

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WIIERF.A8, Daniel Reale 1.:ommericcd a leg.al action against Defendant before the Judicial

District of Windham _m Putnam captioned Daniel Reale v. J~evin Scarpati, Docket f'..o WV¥ M-CV 18. .

5008824-S· and asserted claims agninst O~~endant arising from the Event (hcrcilnafkr _rcforred to as the "Action..): WHEREAS. LPCT intcrvcneJ n:.

1; plaintiff in th_c Action ,ml! asserted claims against Defendant

arising froin the E~cnt. and Messrs. ·1 lanscomb nnd Misbach gave notice that they intended to intervene as plaintiffs in the Action and to assert tlaims .against. Defendant arising from the

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WHERE~S. Defendant denied any and all allegations of \Hong.doing asJ rted in the Action; and WHE~EAS. solely t~ avoid the e:-.pens~, inconvenience, distractions an~ inherent unccrtair~ties 8S!iOCiated with an> ·legal proceeding. and the additional legal fees and expenses of continuing the Action which \.\ould result from having to prosecute and <lef~nd the Action through a triol, the 'Parties dl!su·c lo fully. tinnily and completely settle and discontinue all disputes between them which' arise out of or relate to the Event: Page I of5

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NOW, THEREFORE, intending,·to be leg.ally bound and .in consideration of the payments.

mutual promises and covenants made in t~is Agreement ·a_nd for othJ good anl valuable consideration, the receipt and suflicienc) of which ;ire hcreb) ack"nowlcdged, the Parties agree ,1s follo,,.,s: · 1.

Whhdrnwal. Within 3 business days of the receipt of payment as described in paragraph

3.a. herein. Plaintiffs shal I execute a Wilhdrnwal of an) and all claims t1sserted against City in the Aciion, which shall be ·•with _prejudice:· Within 3 business days of the receipt of payment as described in paragraph 3.a. herein, Reale shall aiso withdraw the I recdom of lnformatiol} requ~st serv~d on the City of Meriden dated July 27, 2018. ')

Settlement. The Parties hereby resolve, M!ttle _and compromi,c all claims. demands

and/or causes of action v.:hich have be~n. or were capable of being. as~c11ed by Plaintiffs against Defendant up to and including the ·date of this Agreement.

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Consideration.

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Payment. Ay October 1. 2018, Dl,!fcndant shall pay Pluintiff-, the sum ofThirty-

Seven Thousand Dollars ($37,000.00) (the .. Payment"), in full and final settlement _of any and all claims of any nature asserted. or that could have been 0

asserted (n the /\ction, or arising from the Event. ~aid Payment shall be tend~rcd b). or on hehalf of. Defendant in the form of two checks or similar instrumenb, made pa) able to '"Libertarian Part) of Connccticut'',,in the.amount of $32,000 and ..Daniel Reale·· in th1t amount of $5,000. Said payments shall be sent to I PC l''s counsel of record in the Action. b.

Review of Policies and Procedures. The Corporation Counsel"s office for the

City of Meriden shall unde1take u review, to be completed on or befon: Dcccmhcr 3 I. '.!O 18. of the City's policies and procedure~ g.ovcming the use of •.

public space~ for First .Amendment activities. including, but not limited to, the use of public spaces for· collection of signatures in connection with politic,il campaigns_ (the ''Review").

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'General Release. In con~ideralion of the Payment and Revie,v. the receipt of which is

hereby ucknowledged. and the covenants described herein. DANIEL Rl:ALE. .. RODNEY.. HANSCOMB, ROGER MlSBACl I. and rl--IE Lll3CRTARl~N PARTY OF CONNECTICUT, on _behalf of themselves and their heirs, kin, c\ccutors. members. directors, oflicers. executives. council members. board members. administrators. successors, and/or assigns hereby release. acquit and forever discharge Kr VIN SCARP/\Tl (individually and as Mayor of the City of Meriden) and the City of Meriden and all of their respective heirs, estates. executors. successprs in interest. assigns. affiliates, and past, present and future I

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officials, committe~!'.>, administrator~. subsidiaries, agencies, directors. employees, agents, representatives. council member.,;. oflicers. attorneys. insurers. and reim,urers, from all actions. cau~es of action. suits, debts .. dues, sum9 of money, cosLs. attomey's fees. account:-. bonds, bills, specialties. covenants, contracts, rnniroversies. agreemenb, promises, variances, trespasses, damages, jl!dgmcnts. e:\li!nts, executions. clairns, .:µ1d demands wlwtsoever. in law, admiralty or equity, whether 1-.nown or unknown, foreseen or unforeseen. developed or unaewlopcd, and the consequence.., th.~r~ot~ on account of or in any way growing out 01: resulting, or to result lh.!m· the Event. the Action. or the allega~ions described in the Action. The Parties do ndt waive any claim to enforce the terms of this Agreement.

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No Admis~ions. The Parties expressly agree that this Agreement..with the conditions and

obligatio_ns contained he~cin, is not to be cor~~trucJ as either an admission of liability on the part of an} of the Defondant, or any othl.!r present or formpr officer", employees or agents of the City or its departments.

I • nor is it to be construed as a concession by Plaintiff.~ that their rights ,-.ere not violated b) City as asserted . . in the Action. but rather. the parties in good faith sec!- an amicable resolution o'f their dispuk arising out of the events alleged in the Action.

6.

No Assignment of Jnkrcst.

The Parties represent and warrant that 110 other perso·n or

entity has any int~rest in the claims. demand::., obligations, or causes of action referred to in this /\grccrncnt: that the Patties have the sole rig.ht and exclusive authority to cx1.:,cutc this Agreement; und that there hai; not been, and agree that there will ~ot be, nn ai;signment or other transfor 91' any interest in any claim which the Parties niay have against cuch other.

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No Other Proceeding. ·The Plaintiffs represent that. with the exception bf the Action

referenced in this Agreement. they

' have not tiled any other action,

lawsuit. proceeding, claim. charge or

complaint 'against ench other with any local. state ~r federal agency, self regulatory organization, court or other entity . and that. they will not initiate any such complaint at any time hereatter based upon the events, actions or omissions occurring prior to the date of execution of this Agreement which m·ise out of ot are

related to the Event and/or the Action. Should the Patties have any such ac~ion pending, the Parties affirmaiively agree to withdraw anr such action, including the pending Freedom of l nf~rma1io11 request dated July 27, 2018.

8.

Reliance on Counsel.

The Partie:. represent that they are freely entering into this

J\g,~·eement~ that ~hey ·are acting with the advice of counsel, or have had the opn~nunity to consult with counsel of their choosing. regard(ng this Agreement; and that they have rend and fully understand the contents of this Agreement.

9.

rntegration.

,· !'he Parties agree and acknowledge that no promise, inducement or

agrecmcnt'not e>..pressly contained herein has bee11 made to them, and that 1hb Agreement consdtutes the entire _agreement by and among the Parties with respect to the subject rnalter hereof. This Agreement supersedes all previous arran~emcnts or understandings. whether •Mitten or oral, and contains the emire agreement of the Parties with respect 10.

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its subject maller.

Se)'erability. If any provision or provisions of1his Agreement shal l be held to be invalid.

illegal. unenforceable or in conflict with the law of any jurisdiction, the validity, legality· and enforceability of the remaining provisions shall not in any· way be affected or impaired thereby.

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~inding Impact. fhis Agreement shall be binding upon, and shall inure to the benefit of,

the Parties heJeto, as well as thci~ respective committees, administrator!). successors in interest, a-.signs. affiliates. parent companies, heirs. csta-tcs, executors subsidiaries, agencies, past, present and future

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officials, agencies, owners. directors, om·cers, members, partners, employees, agents, representatives, coundl members, attorneys, and insurers, ahd reiri~ur<:ir~.

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Attornevs' Fees: Each party hereto shall bear his, her, or its. own attorneys¡ fees and

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costs incurred through the executi.on of this Agreement. In the event that any action is instituted to

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enforce any term of this Agreement, to seek a declaration as lo, or to assert: by way of defense. any 'term of this Agreement. the .prevailing party in such action shall recover from the party its reasonable attorneys' fees incurred in such action. . . .

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Counterparts. T~1is Agreement shall be executed in counterparts, each of which shall bi.!

deemed an original. but all of which, taken together. shall constitute one and the same agreement. and 1'

shall be c.Jeemed fully executed when each¡ party has received at least one counterpart executed by each o1her party.

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Whole Agreement. This Agreement is comprised of seven (7) unnumbered paragraphs,

fourteen ( 14) m.11nbered paragraphs, and live (5) pages. The Partie~ agree that the seven (7) unnumben.:d paragraphs, fourteen ( 14) numbc.red paragraphs,'and five

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pages represent the en1 ire agreement and

relca!;e.

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fN WrTNESS WHF.REOF, the parties hereto have affixed, or caused to be affixed, their

1<speet;ve ,;gnatu~s. cffccHve on

'h' day ind year first above w,c;t~

Kevin.Scarpati

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Libertarian Party of Connecticut

By: - - - - - - --

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By:

Dt2t, ,,, I !?ts ((

AQ,,'r

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duly authori,cd.

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Sworn to before nie this __ day of

Sworn to before me this ~

September, 2018

Sept cm ber~ 20 I 8 •

Notary Public/ Comm. Superior Court My_ Commission Expi'rcs:_ _ _ __

Notary Pub · Comm. Superior My Commission ,Expires:_ _ _ __

Daniel Reale

Rodney Hllscomb

Sworn to before m: this September, 2018

r<v day

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d~y

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Sworn to before me this __ clay of

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September. 2018

Notary Public(Co1fi'm. Superior My Commission Exp-ires:._ __ __

Nornry Public/ Comm: Superior Court My Commissi<.in ~>..pires: _ _ _ __

Roger Misbach

Sworn to before me this __ day of Notary Public/ Comm. Superior Court My Commission Expire:.: _ _ __ _

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