HomeMy WebLinkAboutContracts & Agreements_113-2014SETTLEMENT AGREEMENT
AND RELEASE OF ALL CLAIMS
This two (2) page release and settlement agreement ("Agreement") is made between, City
of Redlands, California ("Releaser") and Pyramid Network Contracting Company (insured) and
James River Insurance Company, along with their present and past claims service managers and
underwriters, and their respective parents, subsidiaries, divisions, departments and affiliates, and
their employees, officers and directors (hereinafter collectively referred to as the "Releasees")
In consideration of this Agreement and as part of the settlement in this case, Releasees
agree to pay to the Releaser the total amount of Twenty Six Thousand Four Hundred Sixty US
dollars ($26,460.00).
For and in consideration of the payment of the above -listed settlement amount, Releaser
does hereby for itself and for its successors and assigns, release and forever discharge all of the
Releasees and their respective directors, officers, agents, employees (past and present), servants,
successors, assigns, related entities, parent corporations, subsidiary corporations, associations,
partnerships, their respective insurers, and any other person or entity charged or chargeable with
responsibility or liability on behalf of the parties so released, from any and all claims, actions or
causes of action, including those for any and all physical injuries and including any and all past
and future economic and non -economic damages that may have or that may hereafter accrue,
whether known or unknown, foreseen or unforeseen, including (but not limited to) mental
anguish, and emotional pain and suffering on account of or in any way arising or resulting from
the damaged water main incident occurring on or about November 7, 2013 near the intersection
of Barbra Lane and Devon Drive, Redlands, California ("the Accident") and the consequences
thereof, or related to any and all issues that have been or could have been asserted in this matter
and against Releasees as a result of, or arising out of, the Accident.
Releaser understands and agrees that this Agreement is intended to effect a general and
complete release of all claims or actions of any type that it has or may hereafter acquire against
the Releasees, and that this is a Release from any further liability whatsoever for damages and
losses of any kind resulting from or arising out of the Accident.
Releaser understands that it may have suffered damages that are unknown to Releaser at
the present time, and that unknown complications of present damages may arise, develop or be
discovered in the future. Releaser acknowledges that the consideration received in exchange for
this Agreement is fair and adequate, and Releaser hereby waives any right to assert in the future
any claim not now know or suspected, even though, if such claim were known, such knowledge
would materially affect the terms of this Agreement.
Releaser agrees that this Agreement is a compromise of a disputed claim, that the
payment is not to be construed as admissions of liability on the part of Releasees, and that said
Releasees specifically deny any liability to the Releaser. Releaser agrees and acknowledges that
they accept payment of the aforesaid amount as a full, complete, final, and binding compromise
of matters involving disputed issues, regardless of whether too much or too little may have been
paid, and agree that no past, present, or future wrongdoing on the part of any party shall be
implied by any payments.
Page 2 of 2 (Agreement)
Releaser declares that the undersigned has full capacity to execute this Agreement, can
read and understand English, is competent, and declares that no promises or representations
about the nature and extent of damages, loss or injury, and no representations regarding the
nature and extent of the legal liability or financial responsibility of any of the parties released
have been made by any attorney or agent of Releasees which have induced her to make this
settlement.
This Agreement contains the entire agreement between the Releaser and Releasees with
regard to the matters set forth herein. There are no other understandings or agreements, verbal or
otherwise, in relation thereto, except as herein expressly set forth. Releaser also agrees that the
terms of this Agreement are contractual and not a mere recital. This Agreement shall be
interpreted under the laws of the State of California without regard to its conflict of law's
provisions.
In the event that one or more of the provisions, or portions of this Agreement is
determined to be illegal or unenforceable, the remainder of this Agreement shall not be affected
thereby and each remaining provision or portion thereof shall continue to be valid and effective
and shall be enforceable to the fullest extent permitted by law, unless the purpose of this
Agreement is frustrated as a result of such non -enforceability.
Releaser further states that he/she/they has carefully read this Agreement, he/she/they has
reviewed same with his/her/their attorneys, that he/she/they knows and voluntarily accepts the
contents hereof, and that he/she/they signs this document as her free act and deed.
THE UNDERSIGNED HAS READ THE FOREGOING AGREEMENT AND FULLY
UNDERSTANDS IT.
Signed and date tl
(SIGNED)
day of -f1Ly , 2014
(PRINT NAME),
(TITLE)
City Clerk ATTEST:
STATE OF COUNTY OF
Subscribed and sworn to before me this day of
Notary Public,
County, My Commission expires:
The undersigned attorneys agree to the content and form of this Agreement.
Dated this day of
2014
Attorney for Releaser
2014