HomeMy WebLinkAboutContracts & Agreements_105-2010_CCv0001.pdf RELEASE OF ALL CLAIMS
Redlands Baseball/Softball for Youth, Incorporated and the City of Redlands (individually herewith referred to as a
"Party" and, together, as the "Parties") in consideration of a mutual waiver of costs, do hereby., and for their respective
successors and assigns, release, acquit and forever discharge each other from any and all claims, demands, rights,
damages, costs, loss of service, expenses and compensation whatsoever, including but not limited to attorneys' fees and
court costs, which each of the Parties now has, or which may hereafter accrue on account of or in any way growing out of,
any and all known and unknown, foreseen and unforeseen damage and the consequences resulting from the incident,
casualty or event which occurred on or about April 18, 2008, involving Kellie Ann Hannum, at the softball fields at the
intersection of San Bernardino Avenue and Church Street and Pennsylvania Avenue, in the City of Redlands, County of
San Bernardino, State of California, and the ensuing action filed by Kellie Ann Hannum, through her Guardian ad Litern
Chem, Hamium, in San Bernardino Superior Court, entitled Hatinum v. City of Redlands, et al., Case No. CIVSS 816265
(the"Action"}, and the expenses, costs and attorneys' fees from defending the Action.
It is understood and agreed that this Release constitutes the compromise of a doubtful and disputed claim, and that this
release shall not be construed as an admission of liability on the part of any Party hereby released, and that the Parties
deny liability therefore and intend merely to avoid litigation. It is further understood and agreed that all rights under
Section 1542 of the California Civil Code and any similar law of any state or territory of the United States are hereby
expressly waived by the Parties. Section 1542 reads as follows:
"1.542. Certain claims not affected by general release. 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 executing the release,
which if known by him or her must have materially affected his or her settlement with the debtor."
The Parties further declare and represent that no promise., inducement or agreement not herein expressed has been made to
either of the Parties, and that this Release contains the entire agreement between the Parties with respect to the subject
matter of this Release, and that the terms of this Release are contractual and not a mere recital. Any prior oral or written
agreements relating to settlement of the Action are superseded by this Release and incorporated herein. This Release may
not be modified except by a written document signed by the Parties.
This Release is governed by and construed in accordance with the laws of the State of California. In the event any action
is commenced to enforce or interpret the terms or conditions of this Release, the prevailing Party shall, in addition to any
costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for use of in-house
counsel by a Party.
Each Party represents and warrants that there has been no assignment or other transfer of any interest in any claim which
such Party may have against the other Party, and the Parties shall defend, indemnify and hold each other harmless from
any liability, demands, claims, damages, costs, expenses and attorneys' fees incurred by the Parties as a result of any
person asserting such assignment or transfer.
THE UNDERSIGNED HAVE READ THE FOREGOING RELEASE AND FULLY UNDERSTAND IT. THIS
RELEASE IS EFFECTIVE AS OF THE 5"n DAY OF JULY, 2010.
CITY OF REDLANDS: REDLANDS 13t SEBALL/SOFTBALL FOR YOUTH,
INC-ORP TED:
Pat Gilbreath., Mayor Si/a e
Attest: Name
Title
Sam Irwin, Cit Clerk