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Home My WebLink AboutContracts & Agreements_39-2017 i 3 s SE I'i ICEMEN T AGREEMENT WITEREAS, OL or about July 25, 2016, KRISTIN BA.UEM(hereaftei "Bauer"), filed a claau with both the City of Redlands and the City of San Bernardino (hereafter jointly refeired to as "Cities") alleging that she suffered injuries as a result of an officer f involved shooting of her hostage taken/ex-boyfriend on March 24, 2016, in the City of Redlands, AND WHEREAS, Cities specifically deny any liability or wrongdoing, the parties iecited herein and above, without any admission of liability, are nonetheless desirous of avoiding a litigation by resolving their differences and settling the claims set forth herein and between them, IT IS THEREFORE AGREED TO AND BY THE PARTIES RECITED HEREIN AND APPROVED BY THEIR RESPECTIVE COUNSEL THAT. 1 Bauei and Cities, and each of them, agree to waive any and all iights to attoiney's lees and costs arising out of or related directly to any claims settled by way of this Agreement 2 Cities jointly agree to pay to Bauer and her attorneys a total of Three Hundred Thousand dollars (4300,000 00) as full settlement of all claims Bauer, for hei part, expressly agrees to dismiss and forever waive all clanns with prejudice ai ising out of this incident and the aforementioned claims as against both Cities and all of thein officers, agents and representatives Page 1 of 5 3. Each of the undersigned paroLr to th€s Ag;co merit does hereby Iomever i release and discharge each other party to this Agreei,, 'ttt, mnchidi-F, the attomeys representing each party, and any of their past and present agents, I nsul ince carriers, servants, representatives,employers and employees fi•om any and all actions, causes of actions, obligations, costs, attorney's fees, and each of them, and each and every agent, employer, employee, and their representative thereof,from any and all actions, causes of action, obligations, costs, attorney's aces, damages,losses, claims, liabilities and demands of whatever character, including but not limited to, the generality of the foregoing releases and any and all causes of action om claims of whatever charactei and all matters alleged and which could or would have been alleged in any action arising out of the conduct of the parties described in this settlement Agreement 4. Each of the undersigned parties state that they are not relying and have not relied on any representation or statement made by the undersigned parties, or by any one or more than one of them, with respect to the facts involved in the civil action, om with regard to the undersigned parties rights or asserted rights The undersigned parties, and each of them,hereby assume the risk of any mistake of fact with regard to the civil action or with regard to any of the facts which are now unknown to them relating thereto 5 Each of the undersigned parties, does hereby expressly agree that this release extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected,past, present om future, against any other party to this agreement, and each and every employer, agent, officer, employee, servant and representative thereof and expressly waives all rights granted to theme under Section 1542 Page 2 of 5 of the Ccaliform a Ch l 0& , is i S, tion reads as -follows. A genes al i eas,Clo� it extend to claims which creditoi does not know of suspect I, �,aist tri h of her favor, at the time of executing the release, which if known by him or her inust have materially affected a settlement with the debtoi 6 Each of the undersigned parties to this Agreement u.ndeistands and agrees that this general and special release shall inure to the benefit of the successors in interest of each other party to this Agreement, and each and every agent, employei, employee, and representative thereof and shall be binding upon each party to this Agreement and each of his,her or its successors in interest. Bauei further states Haat there are no other liens or obligations arising out of the claims set forth herein and, to the extent any such liens of claims exist or axe made in the fiiture,Bauet expressly agrees that the consideration set forth in Paragraph two of this Agreement shall be used to satisfy all liens, if any, including but not limited to Medical, Medicare or any other obligation claimed by any outside entity of individual 7 The undersigned parties acknowledge that the action, causes of action, clainus,etc hes ein released have not been assigned or in any manner transferred to any person of entity, for consideration or otherwise All such claims are hereby extinguished and released, as herein provided IlI /f! 111 Page 3 of 5 ' r 8 It is fuithei understood aDd agree(' -11 r :1 i,s to this Settleincnt Agreement that this settlement is a good faith.coinpi onuse : a o,sputed claim, and that the payments and terns referenced herein are not to be conso iced as an admission of liability on the part of any party hereto 9 This Settlement Agreement constitutes the entire agreement between the parties hereto, and the terins of this Agreement are contractual and not a mere recital 10 The undersigned each states that he or she has carefully read the foregoing Settlement Agreement and knows the contents thereof and signs the same of his, het or its own free acts and will The widersigned, and each of thein, warrant, represent and agree that, in executing this Agreement, they do so with full lmowledge of any avid all rights which they may have, and that they have iecerved independent legal advice from their attorneys and with regard to their assorted rights which they may have against each other, and which arise out of the facts alleged in the claim for damages To the extent that any party to this Agreement is unable to speak or fluently understand the English language, counsel fol such parties expressly agrees that this Agreement has been interpreted or fully explained to the understanding of each party I l All parties and their counsel agree to cooperate in the preparation and execution of all docurnents called for by the terins of this Settlement Agreement All parties furthei agree to cooperate with the preparation and presentation of all 11l ill Ill Page 4 of 5 i dismissal papers This Settlement A i-ucmew ,,iatl be admissible in any covet fol any pUrP08e, Illcllli.;:l -.nforcement and =ttation of the terms set forth herein i APPROVED AS TO E01� 1 AND CONTENT- FERGUSON, PRAET & SHERMAN A Professional Corporation By Dated Brace D Praet, Attorneys for Cities of Redlands and San Bernardino APPROVED AS TO FORM AND CONTENT- LA FICES OF DALE K. GALIPO By Dated- 01k- Vt --L,"7 le K alipo, Attolneys f Bauer O O Dated Kristinr a_:_�1�J Dated. �Z-� Z} " � � Foster, Mayor, City of Redlands ATTEST Jeaime Do son, City Cleric, City of Redlands Dated City of San Bernardino Page 5 of 5 E drsinissal papers This Settl[.melit ,ti r ctnej,. :t,alt be admissible m any colii for any PUTPOSe,tllsltldIn. and recltation of tile terms set forth herein APPROVED AS TO l;OMM AND CONTENT FERGUSON, FRAAET&SHERMAN A Professional Corporation By --- - 'v— s Dated. E Bruce D. Praet,Attorneys for Cities of Redlands and San Bernardino APPROVED AS TO FORM AND CONTENT LA kFICES OF DALE Y, GALIPO 13y- Hated. 0° ,' �,��„�,` 0"d lipo,Acta Heys f Bauer n o t Dated 02- -11-17 KftStE.rl 'lT�r. _ Dated Paul W Fostei,Mayor, City of Redlands ATTEST Jeanne Donaldson, City Clerk,City of Redlands 0 -7f City of San Bernardino Page 5 of 5