The URL can be used to link to this page

Home My WebLink AboutContracts & Agreements_34-2017 SETTLEMENT AGREEMENT AND GENERAL RELEASE flus Settlement Agreement and General Release("Agreement")is entered into on this qday of February,2017,by and between Jerry Biggs ("Biggs") and the City of Redlands ("City>') RECITALS A On or about April 7,2016, April 30,2016 and September 16,2017,Biggs made public records requests to City pursuant to the California Public Records Act, Government Code section 6250 et seq ("CPRA") B On or about October 11,2016,Biggs commenced that certain litigation known as Jerry Biggs v City of Redlands et al, Sari Bernardino Superior Court case number CIVDS1616356(the "Action") In the Action,Biggs alleges,among othel things,that he is entitled to have a writ of mandate issue directing City to produce all responsive public records without Biggs having to put his requests for public records in writing and (the "Claims") C Biggs and City ((,ollectively the"Parties"),now desire to resolve and settle all claims, counter-claims and disputes, arising from or involving Biggs' public records requests to City as described in paragraph A above,the Action and the Claims D This Agreement is a compromise of the claims and liabilities asserted by the Parties and shall not be treated as an admission of liability by any Party 17942 OD 1101295296262 1 AGREEMENT 1 1 lie Parties acknowledge that the recitals are true and correct and Incorporate by reference those recitals into this Agreement 2 As more fully set forth below, Biggs hereby releases City from any and all liability relating to the Action and the Claims In return for said release, City hereby agrees to pay Biggs, upon full execution of this Agreement and on or before March 1, 2017, the sum of five thousand dollars ($5,000 00) (the "Settlement Amount") Said payment of the Settlement Amount shall be made by check to "Briggs Law Corporation" as reimbursement for legal fees and costs Incurred related to this action 3 Upon execution of this Agreement by all Parties, Biggs shall cause his attorneys to prepare a Dismissal of the Action,in Its entirety and with prejudice, and no later than February 24, 2017, provide same to counsel for City Counsel for City shall file the Dismissal with the Court upon Plaintiff's receipt of payment pursuant to paragraph 2 above 4 City hereby acknowledges and agrees that It is not necessary for a member of the public to submit a request for public records in writing pursuant to the CPRA or to submit such requests only to the City Clerk or the City Manager's office S City makes no representations regarding the tax consequences to Biggs of the payment of the Settlement Amount 5 Biggs on behalf of himself and his agents,attorneys,representatives,spouses, executors, heirs,assigns and successors-in-interest hereby releases and forever discharges City and its current and former city council members, employees,agents,officers,attorneys,Insurers, 17942.0011 0129529626.2 2 if k E E E representatives, assigns and successors-in-interest from any and all claims, causes of action, actions, damages,losses, demands,accounts,reckonings,rights,debts,liabilities,obligations, disputes,controversies,payments, costs and attorney's fees, of every kind and character,known or unknown,existing or contingent,latent or patent,including but not limited to any mattes alleged in, arising from or related to the Action and/or the Claims 7 City on behalf of itself and its city council members,employees, agents,officers, attorneys, insurers,representatives, assigns and successors-in-interest hereby releases and forever discharges Biggs and his agents,attorneys,representatives, executors, spouses,heirs, assigns and suc,c.essors-in-interest from any and all claims,causes of action, actions,damages,losses, demands,accounts,reckonings,rights,debts, liabilities, obligations,disputes,controversies, payments, costs and attorney's fees, of every land and character,known or unknown, existing or contingent,latent or patent including but not limited to any matter alleged in,arising from or related to the Action and/or the Claims S It is the intention of the Parties hereto that the release entered into by Biggs and City as a part of this Agreement shall be effective as a bar to all actions, causes of action, obligations,costs, expenses,attorneys' fees, damages,losses, claims,liabilities and demands of whatsoever character, nature and kind,known or unknown,suspected or unsuspected In furtherance of this intention,Biggs and City hereby expressly waive any and all rights or benefits conferred upon them by the provisions of Section 1542 of the Cahforma Civil Code,which reads as follows "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 execution of the release,which if known by hien or her must have materially affected his or her settlement with the debtor" 17942,001 10\29529626.2 3 The Parties hereby acknowledge that the foregoing waiver of the provisions of Section 1542 of the Califorriia Civil Code was bargained for separately The Parties hereto expressly agree that the release provisions herein contained shall be given full force and effect in accordance with each and all of their express terms and provisions,including but not limited to those terms and provisions relating to iuiknown or unsuspected claims,demands and causes of action hereinabove specified Biggs and City specifically agree to assume the risk of the subsequent discovery or understanding of any matter fact or law which if now known or understood would in any respect have affected this Agreement 9 Biggs hereby represents and warrants that be has not heretofore assigned or transferred, or purported to assign or transfer,to any person,firm of corporation whatsoever,any i claim debt,liability,demand,obligation, cost, expense,action or cause of action herein released 10 The Parties hereto acknowledge that they have relied wholly upon their own individual judgment, belief and knowledge of the existence, nature and extent of each claim, demand or cause of action that they may have against the other Party hereto which is hereby released and that they have not been influenced to any extent in entering into this Agreement by any representations or statements regarding any such claim, demand or cause of action made by any other party hereto 11 The Parties hereto shall bear their own attorneys' fees, expenses and costs incurred in connection with all disputes ansing out of or relating to the prosecution and defense of the Action and the negotiation and preparation of this Agreement 12 This Agreement comprises the entire understanding between the Parties concerning the subject matter of this Agreement and supersedes and replaces all prior 17942.001 10\295296262 4 negotiations and proposed agreements, whether written or oral There are no other contracts, understandings, representations or warranties made by any party to the Agreement except as expressly contained in this Agreement 13 This Agreement cannot be modified except by written document signed by all of the Parties 14 This Agreement is to be construed fairly and not in favor of or against any party regardless of which party or parties drafted or participated in the drafting of its terms Itis acknowledged that all Parties have had an opportunity to consult with their attorneys concerning the terms and conditions of this Agreement The Parties further represent and warrant that the terms of this Agreement have been completely read by and explained to them by their attorneys, and that they fully understand and voluntarily accept those terms Asa result,this Agreement shall be deemed to have been drafted by all Parties hereto and no party shall urge otherwise 15 The Parties represent and warrant that they fully understand each of the terms of this Agreement and their consequences and have sought the advice of counsel prior to executing this Agreement 16 This Agreement is binding upon and shall inure to the benefit of the Parties,their respective officers, agents, employees, attorneys,representatives, executors,heirs, spouses, assigns, successors-ln-interest,trusts,partnerships and joint ventures 17 Each person executing this Agreement does hereby personally represent and warrant to the other signatories that he or she has the authority necessary to execute this 17942,001 10\29529626.2 5 Agreement, and that no other consents or approvals of anyone are required or necessary for thus Agreement to be binding 18 This Agreement shall in all respects be interpreted,enforced and governed by and tinder the laws of the State of California 19 Should any term of this Agreement be deemed unlawful,that provision shall be severed and the remairung terms shall continue to be valid and fully enforceable 20 The Parties agree to execute such other documents and take such other action as may be reasonably necessary to finalize and perform this Agreement 21 The Parties may execute duplicate originals of dus.Agreement or any other documents they are required to sign or furnish pursuant to this Agreement C � � y� Dated Februar -( 20I7 ,. �' ferry s J ! Dated February2 j,2017 CITY OF REDLANDS B aul W Foster Mayor E ATTEST: rine Donaldson, City Clerk k 17942.001 10\29529625.2 5 Approved as to Form Dated February_q,2017 BRIGGS LAW CORPORATION By Anthony N Kim Attorneys for Petitioner Jerry Biggs Dated February l[ ,20I7 By• Da c gh City Attorney City of Redlands 17942 00110129529626.2 7