HomeMy WebLinkAboutContracts & Agreements_48-2017 BF8475
AGREEMENT OF SETTLEMENT AND
GENERAL RELEASE
I PARTIES The parties to this Agreement of Settlement and General Release ("Agreement")
are Farmers Insurance Exchange ("Plaintiff'), and City of Redlands ("Defendants")
2 RECITALS This Agreement is made with reference to the following facts
2 1 Certain disputes and controversies have arisen between the parties hereto
2 2 Such disputes and controversies include, but are not limited to, the claims, demands
and case or causes of action set forth by the parties hereto in a civil action pending in the
San Bernardino County Superior Court and entitled Farmers Insurance Exchange v City
of Redlands, et al , Case No CIVDS 1515814
2 3 It is the intention of the parties hereto to settle and dispose of, fully and completely,
any and all claims, demands anu cause or causes of action existing as of the effective date
of this agreement and ai ising out of, connected with, or incidental to the dealings between
parties hereto to the effective date hereof including, without limitation on the generality
of the foregoing, any and all claims, demands and cause or causes of action reflected in
the civil action referenced in Paragraph 2 2 above
3 DISMISSAL Concurrently with the execution of this Agreement, Plaintiff shall dismiss, with
prejudice, the civil action referenced in Paragraph 2 2 above, in exchange for the promises,
covenants, conditions and waivers set forth in Paragraph Four
4 PAYMENT Concurrently with the execution of this Agreement, Defendant shall pay to
Plaintiff the aggregate sum of Two Thousand Dollars and 001100 ($2,000 00), inclusive of all
claims for attorney's fees, costs and medical liens Each party shall bear their own fees and
costs
5 GENERAL RELEASE Inconsideration of the mutual general releases contained herein, and
foi other good and valuable consideration, the receipt of which 3s acknowledged by each party
hereto, the parties promise, agree and generally release as follows
5 1 Except as to such rights or claims as may be created by this Agreement, each party
hereto hereby releases, remises and forever discharges each other party hereto from any
and all claims, demands and cause or causes of action existing as of the effective date and
arising out of, connected with or incidental to the dealings between the parties hereto
prior to the effective date hereof including, without limitation on the generality of the
foregoing, any and all claims, demands and cause or causes of action reflected in the civil
action referenced in Paragraph 2 2 above
Agreement of Sattlement and General Release Page 1
5 2 Each party to this Agreement specifically waives the benefit of provisions of Section
1542 of the Civil Code of the State of California, as follows
A general release does not extend to clanns which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release, which if
known by him or her must have materially affected his or her settlement with the
debtor
6 REPRESENTATIONSAND WARRANTIES Each of the parties to this Agreement represents
and warrants to, and agrees with, each party hereto, as follows
6 1 Each party has received independent legal advice from its attorneys with respect to the
advisability of making the settlement provided for herein, with respect to the advisability
of executing this Agreement, and with respect to the meaning of California Civil Code
Section 1542
6 2 No party(nor any officer, agent, employee, representative, or attorney of or for any
party), has made any statement or representation or failed to snake any statement of
representation to any other party regarding any fact relied upon in entering into this
Agreement, and each party does not rely upon any statement, representation, omission or
promise of any other party(or of any officer, agent, employee, representative, or attorney
of of for any party), in executing this Agreement, or in making the settlement provided for
herein, except as expressly stated in this Agreement
6 3 Each party to this Agreement has made such investigation of the facts pertaining to
this settlement and this Agreement, and all the matters pertaining thereto, as it deems
necessary
6 4 Each party or responsible officer thereof has read this Agreement and understands the
contents hereof Each of the officers executing this Agreement on behalf of their
respective corporations is empowered to do so and thereby binds such respective
corporation
6 5 In entering into this Agreement anti the settlement provided for her ei.i, ezch party
assumes the risk of any misrepresentation, concealment or mistake If any party should
subsequently discover that any fact relied upon by it in enter ing into this Agreement was
untrue, or that any fact was concealed from it, or that its understanding of the facts of of
the law was incorrect, such party shall not be entitled to any relief in connection therewith
including,without limitation on the generality of the foregoing, any alleged right or claim
to set aside or rescind this Agreement chis Agreement is intended to be and is final and
binding between the parties hereto, regardless of any claims of misrepresentation,
Agreement of Settlement and General Release Page 2
promise made without the intention to perform, concealment of fact, mistake of fact of
law, of of any other circumstance whatsoever
6 6 Each party has not heretofore assigned,transferred, or granted, or purported to assign,
transfer, or grant, any of the claims, demands, and cause or causes of action disposed of
by this Agreement
6 7 Each term of this Agreement is contractual and not merely a recital
6 8 Each party is aware that it may hereafter discover claims or facts in addition to or
different from those it now knows or believes to be true with respect to the matters related
herein Nevertheless, it is the intention of the parties to fully, finally and forever to settle
and release all such matters, and all claims relative thereto, which do now exist, may
exist, or heretofore have existed between them In furtherance of such intention,the
releases given herein shall be and remain in effect as full and complete mutual releases of
all such matters, notwithstanding the discovery of existence of any additional or different
claims of facts relative thereto
6 9 The parties will execute all such fiirther and additional documents as shall be
reasonable, convenient, necessary or desirable to carry out the provisions of this
Agreement
7 SETTLEMENT This Agreement effects the settlement of claims which are denied and
contested, and nothing contained herein shall be construed as an admission by any party hereto
of any liability of any kind to any other party Each of the parties hereto denies any liability in
connection with any claim and intends hereby solely to avoid litigation and buy its peace
8 MISCELLANEOUS
8 1 This Agreement shall be deemed to have been executed and delivered within the State
of California and the rights and obligations of the parties hereto shall be construed and
enforced in accordance with, and governed by, the laws of the State of California
8 2 This Agreement is the entire Agreement between the parties with respect to the
subject mattes hereof and supersedes all prior and contemporaneous oral and written
agreements and discussions This Agreement may be amended only by an agreement in
writing, signed by the parties thereto
8 3 This Agreement is binding upon and shall inure to the benefit of the parties hereto,
them respective agents, employees, representatives, officers, directors, divisions,
subsidiaries, affiliates, assigns, heirs, successors in interest and shareholders
Agreement of Settlement and General Release Page 3
8 4 Each party has cooperated in the drafting and preparation of this Agreement Hence,
in any construction to be made of this Agreement, the same shall not be construed against
any party
8 5 In the event of litigation relating to this Agreement,the prevailing party shall be
entitled to attorney's fees and costs
8 b This Agreement may be executed in counterparts, and when each party has signed and
delivered at least one such counterpart, each counterpart shall be deemed an original, and,
when taken together with other signed counterparts, shall constitute one Agreement,
which shall be binding upon and effective as to all parties
8 7 The parties expressly agree that the Court shall retain jurisdiction over the terms of
this settlement and shall specifically retain Jurisdiction to entertain a motion to enforce
the settlement should the need for such a motion arise
This Agreement, consisting of five pages, is made and entered into on and as of
;, - 73 , 2017, in Redlands, California, and is effective as
of this date
FAERS IN NCE E CHANGE
c
Plaintiff
CITY OF REDLANDS
y, PAUL W FOSTER, MAYOR
Defendant
AT'T`EST
h
J2 NEDONALDSON, City Clerk
Agreement of Settlement and General Release Page 4
APPROVED AS TO FORM AND CONTENT
BENSON LEGAL, APC
/SUSAN M BENSON
Attorney for Plaintiff
FARMERS INSURANCE EXCHANGE
j
HOUSE LAWERRARISey for Defe dantOF' REDLANDS
Agreement of Settlement and General Release Page 5
�I■
DISINMOUSE LAW APC
3833 Tenth Street
Riverside, California 92501
March 23, 2017
31088
Via Fed Ex and E-Mail to dmchuahPcitvofredlands org
Daniel J McHugh, City Attorney
City of Redlands
35 Cajon Street
Post Office Box 3005
Redlands, California 92373
Re Farmers Insurance Exchange v City of Redlands, et al
CIVDS 1515814
Dear Mr McHugh
Enclosed please find the original Agreement of Settlement and General Release in the above matter
Please have the appropriate City representatives sign the Agreement The City may retain the original for
their files but we ask that a copy of the fully signed document be provided to us to complete our file
An OSC re Dismissal is on the Court's calendar for April 7, 2017 If the settlement check can be
issued in the amount of$2,000 00 made payable to Farmers Insurance Exchange and Benson Legal,APC as
soon as possible,we will request they immediately file the Request for Dismissal,hopefully obviating the
need to appear in Court on April 7, 2017
When we are in receipt of a conformed copy of the Request for Dismissal,it will be provided to you
for your file Should you have any questions,please feel free to contact this office
Yours very truly,
DISENHOUSE LAW APC
Mailed in Absence to Avoid Delay
J Pat Ferraris
JPF bl
Enclosure
Pg 1
Telephone 951 530 3710 Bruce E Disenhouse,Esq 6rucePl)isenhousel,aw net
Facsimile 951 542 4239 J Pat Ferraris,Esq 1PatPDisenh0useLaw net
Priscilla George,Esq PriscillaPDisenhouseLaw net
Cc
Via E-Mail Oniv to drains @citvofredlands orq
Diana Rains
Via E-Mail Only to imcconnellOcavotredlands,ora
Janice McConnell
Via E-Mail Only to rmathewPciNotredlands orp
Rejo Mathew
pg 2
Telephone 951 530 3710 Bruce E Disenhouse Esq BrUce(@DisenhouseLaw net
Facsimile 951 542 4239 J Pat Ferraris,Esq IPatODisenhouseLaw net
Priscilla George,Esq Prisci]IaO isenhouseLaw net