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HomeMy WebLinkAboutContracts & Agreements_45-1994_CCv0001.pdf SETTLEMENT AGREEMENT AND GENERAL RELEASE This Settlemenand Release Agreement (the "Agreement") is made as of this AK day of December, 1994, by and between the CITY OF REDLANDS --(:4—edlands11) , and NORETTA BARKER, TAMMY BROOKS, CAROLYN BURNS, TINA FORTNUM, BARBARA PANTER and NANCY THIEMANN (collectively, "Plaintiffs") . RECITALS A. On January 8, 1993, Plaintiffs commenced that certain legal action against Redlands in the Superior Court of San Bernardino County, case number 00277 (the "Action") . on or about March 17, 1993, Plaintiffs filed an amended complaint in the Action. The amended complaint alleged that Redlandsandcertain of its former and current employees, specifically Robert E. Brickley, William L. Cranfill and Alan S. Neas (collectively, the "Employees") committed certain acts or engaged in certain conduct which in some manner discriminated or injured Plaintiffs. The amended complaint filed in the Action alleged, among other things, causes of action for violation of civil rights, sexual discrimination, sexual harassment, negligent supervision and invasion of privacy. B. On May 21, 1993 Redlands and the Employees filed an answer to the Action. By that answer, Redlands and the Employees denied that Plaintiffs had been discriminated against, harassed or damaged in any other manner and denied liability under any of the causes of action alleged by Plaintiffs in their amended complaint. C. The parties now desire to resolve and settle all present and past controversies, claims, causes of action or purported causes of action both real and potential, arising between the parties as result of Plaintiffs' employment with Redlands, the termination of their employment with Redlands, the supervision they received during their employment including supervision by the Employees and/or the filing of or defense of the Action. D. This Agreement is a compromise of the claims and liabilities alleged by the parties to this Agreement and shall never be treated as an admission of liability by any of the parties for any purpose. AGREEMENT On or before the thirtieth (30th) day after the date upon which this Agreement is fully executed by all of the parties, Redlands shall pay Plaintiffs the total sum of forty thousand dollars ($40, 000.00) . This payment shall be made by way of a check made payable to the law firm of Lewis, Marenstein, Wicke & Sherwin. 1. Immediately upon execution by Redlands of this Agreement Plaintiffs shall cause a dismissal, with prejudice, to be filed in the Action dismissing the entire action against Redlands, the Employees and all other defendants. Plaintiffs will provide Redlands with a conformed copy of the dismissal as soon as practicable. 2. In consideration of the actions to be taken by Redlands pursuant to this Agreement, Plaintiffs, individually and collectively, do hereby release, hold harmless and forever discharge the City of Redlands, Robert E. Brickley, William L. Cranfill, Alan S. Neas and their respective council members, employees, attorneys, agents, spouses, heirs, executors and assigns of and from any and all claims, debts, liabilities, demands, obligations, costs, expenses, actions and causes of action, of every nature, character, and description, known or unknown, which any of the Plaintiffs own or hold or have at any time heretofore owned or held, or may at any time own or hold, by reason of any manner, cause or thing whatsoever that occurred or was done, omitted or suffered to be done prior to the date of this Agreement, including, without limiting the generality of the foregoing, all claims and causes of action currently pending by Plaintiffs against the City of Redlands, Robert E. Brickley, William L. Cranfill and Alan S. Neas in the Action. 3 . In consideration of the actions to be taken by Plaintiffs pursuant to this Agreement, Redlands does hereby release, hold harmless and forever discharge Plaintiffs and their respective employees, attorneys, agents, spouses, heirs, executors and assigns of and from any and all claims, debts, liabilities, demands obligations, costs, expenses, actions and causes of action of every' nature, character, and description, known or unknown, which Redlands owns or holds or has at any time heretofore owned or held, or may at any time own or hold, by reason of any manner, cause or thing whatsoever that occurred or was done, omitted or suffered to be done prior to the date of this Agreement, including, without limiting the generality of the foregoing, the defense of the Action. .4 Except ---s OIC'1hierwise provided linereln in thiis Agree-Iieri-11-- is the intention of the parties hereto that the release entered into by the parties to this Agreement shall be effective as a bar to all actions, causes of action, obligations, costs, expenses, attorneys' fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind, known or unknown, suspected or unsuspected, to be so barred; in furtherance of which intention the parties, individually and collectively, herein expressly waive any and all rights benefits conferred upon them by the provisions of Section 1542 of the California Civil Code, which reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of execution of the release, which if known by him must have materially affected his settlement with the debtor." The parties hereby acknowledge that the foregoing waiver of the provisions of Section 1542 of the California Civil Code was bargained for separately. The parties hereto expressly agree that the release provisions herein contained shall be given full force and effect in accordance with each and all of their express terms and provisions, including but not limited to those terms and provisions relating to unknown or unsuspected claims, demands and causes of action hereinabove specified. Plaintiffs, individually and collectively, assume the risk of the subsequent discovery or understanding of any matter, fact or law which if now known or understood would in any respect have affected this Agreement. 5. All parties hereto acknowledge that they have relied wholly upon their own individual judgment, belief and knowledge of the existence, nature and extent of each claim, demand or cause of action that they may have against the other party hereto which is hereby released and that they have not been influenced to any extent in entering into this Agreement by any representations or statements regarding any such claim, demand or cause of action made by any other party hereto. The parties acknowledge that this Agreement is intended to settle certain disputes between the parties (including, without limitation, the Action) and to avoid the expense and time of litigation. Neither the execution of this Agreement nor the performance of the terms hereof shall be deemed or construed to be an admission by such party or establish any fault or liability in connection with any matter or thing by either party. 6. All parties hereto shall bear their own attorneys' fees, expenses and costs incurred in connection with the disputes arising out of, relating to or connected with the Action and/or the preparation of this Agreement. in the event either party to this th J- %� - Agreement files an action to enforce or interpret the terms hereof, the prevailing party in such action shall be entitled to recover its reasonable attorneys' fees, including expert witness fees and costs. 7. This instrument comprises the entire understanding between the parties concerning the subject matter of this Agreement and supersedes and replaces all prior negotiations, proposed agreements, written and oral. There are no other contracts, understandings, representations or warranties made by any other party to the Agreement except as expressly contained in this Agreement. 8. This Agreement is to be construed fairly and not in favor of or against any party regardless of which party or parties drafted or participated in the drafting of its terms. it is acknowledged that all parties have had an opportunity to consult with their lawyers concerning the terms and conditions of this Agreement. As a result, this Agreement shall be deemed to have been drafted by all parties hereto and no party shall urge otherwise. No representation, warranty or guarantee, express or implied, has been made by Redlands or its counsel regarding the tax effect of the transactions contemplated by this Agreement. Plaintiffs have relied on their own investigation, knowledge and tax advisors with respect to all tax aspects of this Agreement. 9. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, agents, representatives, successors and assigns. 10. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same document. 11. This Agreement and any of the documents referred to herein, shall in all respects, be interpreted, enforced and governed by and under the laws of the State of California. IN WITNESS WHEREOF, the parties hereto execute this Agreement as of the date first above written. City ?f Rands Dated: --'C> likoka-) vBy: S Dated: J1k_ Noretta Barker Dated: Tamm ko–oks, Dated: —,\ (CIO, 0 tt Dated;)42nwr� r x*-TAF Dated. Barbara Panter Dated: k 5 ` # Nancy Thiemann Approved as to form: Lewis, far este n, Wicke _ & Ii Dated: s David Baca, Jr. � Attorney for Plaintiffs Dated, Best, Best & Krieger t By: -Howard Attorneys for Defendants -5- HSG133481 SETTLEMENT AGREEMENT AND MUTUAL RELEASE Y ti Dated: Barbara Panter Dated: Nancy Thiemann Approved as to form: Lewis, Marenstein, wicke & Sherwin Dated: ` ' . BY , Ar avid B Attorney or Plaintiffs Dated: Best, Best & Krieger By: Howard B. Golds Attorneys for Defendants HBG133481 -5- SETTLEMENT AGREEMENT AND MUTUAL RELEASE