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AGREEMENT OF SET FL;AMEN FAN D
GENERAL RELEASE
1. PARTIES The parties to this Agreement of Settlement and General Release ("Agreement")
are Page Garcia ("Plaintiff) and City of Redlands("Defendants")
2 RECITALS This Agrcenlent is made with reference to Clic following facts
2 1 Certain disputes and controversies haveal€sen bete cen the parties hereto.
2 2 Such disputes and controversies Include, but are not limited to, the claims, demands
and case of causes of action sct forth by tile parties hercto in a civil action pending in the
San Bernardino County Superior Cotirt and entitled Garcia v City of Recllamts, ei at,
Case No CIVDS 1601871
2 3 ft is the intention of the parties hereto to settle and dispose of, fully and completely,
any and all claims,demands and cause o€ causes of action existing as of the effective date
of this agreement and ai€sung out of, connected with,of incidental to the dealings between
parties hereto to the effective(late hereof ii1ClUding, without limitation on tine genei'altty
of the foregoing, any and all claims, demands and cause of causes of action reflected inn
the civil action referenced in Paragraph 2 2 above
3 DISAMSAL CancUrCent Iy with the execut€oil of this Agreement, Plaintiff shalf dismiss, with
prejudice, the civil action referenced in Paragraph 2 2 above, in exchange Cot the promises,
covenants,conditions and payments set forth in Paragraph Four i
4, PAYA11,7 Concurrently with tine execution of this Agreement, Defendant shall pay to
Plaintiff, the aggregate suin of Thirty-Two Thousand Five I lundred Dollars($32,504.00)
5 GE11rE 11L RELEASE In consideration of the mutual gtricral releases contained herein, and
for Whet good and valuable consideration,the receipt of which is acknowledged by each party !
hereto, the parties promise,agree and generally release as follows
5 1 Except as to such rights of 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 clauns,demands and cause of causes of action existing as of the effective date and
arising out of, connected with of 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 un the civil
action referenced in Paragraph 2.2 above
5 2 Each party to this Agreement specifically waives the benefit of provisions of Section
Agreement nf5ettletnerZtandGerzei'al Release �_.���.___._ _.� _..,_..,....._....��..�.. •-.—_--.- Page
1512 of tile Civil Code of the State of California, as follows.
A general release does not extend to clatins which the credito€ does not kiio%v o
suslmect to extst ul his or Ilei favor at the tulle ofexecuting the release, which if
known by hint of lie€ 111USt haVe Materially affected his o€ het settlement 1vitlh the
debtor
6. REPRLSENTATIONSAND JJ11IRRANT1ES Each of tile parties to tilts Agreement represents
and Avarrants to, and agrees NN illi, tach party hereto, as follohvs
6.1 Each party has received indf pendent legal advice from its attorneys with respect to
the advisability of making the settlement providecl for herein, with respect to the
advisability of executing this Agreement, and with Vespect to the tueathmg of California
Civil Code Section 1542
6.2 No part),(noi any ofticet,agent,employee, representative, of atiorney of or for any
par(y), has€rude any statement o1 representation of failed to make any statement of
representation to any other party regarding any fact relied ttpolm in entei ing into this
Agreement, and each patty does not rely upoll any statement, representation, onlisston of
promise,of any othe€ party(oi of any officer, agent, employee, representative,of attorney
of of fol any party), in excc iting this Agreement, o€ in snaking the settlement provided
fo herein,e,,cept as expressly stated In this Agreement
6 3 Bach 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
inec,essary
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6 4 Each party of responsible offtcei thereof has read this Agreement and understands the
contents hereof Each of the officers executing this Agreement on behalf of their
respective corporations €s empowered to do So and thereby binds such respective
corporation
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6 5 In entering into this Agreement and the settlement provided foi herein,cacti party
assumes the tick ofany nmisrmpresentation,congealment of mistake if any party should s�
subsequently discovei that any fact relied upon by it m enter ing into this Agreement was
untrue, or that any fact was concealed froirn It,on that its understanding of the facts of of
the lacy was incorrect, such party shall not be entitled to any relief in connection
therewith including, without limitation on time generality of the foregoing,any alleged
I fight of claim to set aside of rescind this Agreement This Agreement is intended to be
and is final and binding between the parties liereto, regardless of any claims of
misrepresentation, promise made without the intention to perform,concealment of fact,
mistake of fact of law, on of any othei circumstance whatsoever
6 6 Each party has not heretofore assigned, transferred,of granted o purported to assign,
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Agreement of Settlement and General Relzase Page 2
transfer, o€ grant, any of the claim 5, demands, and cause of causes of action disposed of
by this Agreement
6 7 Each tel ill of this Agreement is contractual and not merely a recital
6 8 Each party is aware that it may hcreaftet d€scmci claims o€ facts in addition to o€
different from those it now}mows o€ believes to be true with respcet to the €natters
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 clo now exist,
may exist,of heretofore have e.'isted between them In f urther•ance of such intention, the
releases given herein shall be and remain rn effect as Full and complete matual releases of
all such matters, notwithstanding the discovery of emstence of any additional or different
claims of facts relatrvc,thereto
6 9 The parties will execute al such furthci and additional documents as shall be
reasonable, convenient, neeessmy o€ desirable to carry out the Provisions ofthis
Agreement
6 10 Plaintiff agrees to hold Defendant ha€€mess from,and defend and €ndemn€F'
Defendant from, the clarets of any and all medical care providers andloi penholders,
including, but not limited to, Medicare o€ rMedrCal, providing medical services to
Plaintift as a result of tite subjeot amident
7 SE7_7'LEAlEA'7 This Agreement effects the settlement of claim-,which are den€ed and
contested and nothing contained herein shall be construed as in admission by any party hereto !
of any liability orally hind to any tithe, parry Each of the parties hereto denies any liability in
connection with any claim and infends hereb) solely to avoid litigation and buy its peace
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8 1 This Agreement shall be deemed to have been executed and delivered within the State
of California and ilia €ights 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 matte€ hereof and supersedes all prior and Coll teittporaneous oral and written
agreements and discussions This Agreement may be amended only by an agreement in
wi iting, signed by the parties thereto
8 3 This Agreement is binding upon and shall mi€re to the benefit of the parties hereto,
thea respective agents, employees, representatives, officers, directors, divisions,
subsidia€res, affiliates, assigns, heirs,successors in interest and shareholders
8 4 Each party has cooperated in the drafting and preparation of this Agreement Hence,
AgieementofSettlenmentand General Release Page 3
in any construction to he made of this Agreement, the same shall not be construed against
arty party.
8 5 In the event of litigation relating to this Agreement, the prevailing party shal I be
entitled to attorney's fees and costs
8 6 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 of iginal,
and, when taken together with other sighed 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 Jtu indiction over the terms of
this sf ttlement and shall specifically retain jurisdict,on to entertain a motion to enforce
the settlement should the need foi such a motion arise
This Agreement, consisting of five pages, is made and entered into on and as of
July 25, 2017, in Redlands,California, and is effective as of this date.
PPA CARCIA E
Plaintiff
CITY OF REDLANDS
By, PAUL FOS FER, Mayor
AITEST
TE-at E DCyNALDSON, City Clerl:
Agreement of settlement and General Release Page 4
APPROVED AS TO FO1RR AI''D CQNTCN[
Babgk Kheii i,Attorne}r o Plaintiff
J F (rai is, Atta'ney for DefenNant
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Agreement of Settlement and General Release Page 5