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HomeMy WebLinkAboutContracts & Agreements_179-2014_CCv0001.pdf RELEASE AND SETTLEMENT AGREEMENT I THE ACTION This release and settlement agreement("Agreement") is made and entered into by and among the parties listed in paragraph two, to formalize termination of their involvement with respect to all issues relating to litigation entitled Bertha Sanchez v. City of Redlands, et. al. San Bernardino Superior Court Case Number CIVDS 1204316. The parties agree that the above action is hereinafter referred to as the"Action." THE PARTIES The parties to this Agreement are Bertha Sanchez("Plaintiff'), the City of Redlands("Defendant"),AMW Investments, Inc. ("AMW"), and CDBM Redlands LLC ("CDBM"). 3. RELEASED CLAIMS The parties hereto recognize and acknowledge they have reached a settlement and agreement of any and all pending and past claims of Plaintiff and therefore Plaintiff agrees to fully and completely release any and all claims for damage,personal injury, loss or losses, and any and all related claims arising out of the facts, claims and incidents alleged in Plaintiff's complaint which is the subject matter of the Action, and any and all claims alleged, or which could have been alleged, in the Action, including claims for attorneys' fees, litigation costs, costs, reimbursement and any and all fees and costs Page 1 of 9 associated in any manner with the Action. SETTLEMENT AND CONSIDERATION The parties hereto desire to resolve all aspects of the Action and the released claims. In consideration for the full and timely performance of the terms and conditions of this Agreement, Plaintiff acknowledges receipt of Twenty Five Thousand Dollars ($25,000) paid on behalf of AMW and CBDM Redlands LLC., collectively, and made payable to Law Office of Paul Mankin and Bertha Sanchez, and additionally, receipt of Five Thousand Dollars ($5,000) paid on behalf of Defendant, and also made payable to Law Office of Paul Mankin and Bertha Sanchez. I RELEASE In consideration for the full and timely performance of all terms and conditions of this Agreement in the manner provided herein, Plaintiff agrees on behalf of herself, and her respective heirs, executors, administrators, trustors, trustees, beneficiaries, members, predecessors, successors, assigns, partners,partnerships, parent, subsidiary, affiliated and related entities, officers, directors, principals, agents, employees, servants, representatives, attorneys, and all persons, firms, associations and/or corporations connected therewith, including their insurers, sureties, consultants and experts, to hereby release and forever discharge Defendant, AMW and CBDM, and their respective executors, administrators, trustors, trustees, beneficiaries, members, predecessors, successors, assigns, partners, partnerships, parent, subsidiary, affiliated and related entities, officers, directors, principals, agents, employees, servants, representatives, attorneys, and all persons, excluding spouse, but including firms, associations and/or Page 2 of 9 corporations connected therewith, including their insurers, sureties, consultants and experts of and from any and all claims, demands, causes of action, obligations, damages, losses, costs, attorney fees, fees associated with litigation, including the action in any manner, any and all claims asserted, or which could have been asserted, in the action listed above, including any known and unknown claims. All parties agree and acknowledge that this Agreement is a full and final resolution of the action listed above against Defendant, AMW and CBDM, and that no further action shall be taken with regard to the Action against them. Plaintiff agrees that this Agreement herein discharges, waives, satisfies and dismisses any and all liens, for medical care or care received due to,or related to, the subject of Plaintiff's complaint. Plaintiff agrees further she has disclosed the existence of any and all liens for medical or other costs arising out of the incidents alleged in the Action and agrees she is solely responsible for any and all, liens, past or future, arising from the damages, breaches or allegations alleged in Plaintiff's complaint. Plaintiff does not agree to defend or indemnify the City from any medical lien claimants should those liens not be satisfied by Plaintiff. Defendant, AMW and CBDM agree on behalf of themselves, and their respective heirs, executors, administrators, trustors, trustees, beneficiaries, members, including their respective heirs, executors, administrators, trustors, trustees, beneficiaries, members, predecessors, successors, assigns, partners, partnerships,parent, subsidiary, affiliated and related entities, officers, directors, principals, agents, employees, servants, representatives, attorneys, and all persons, firms, associations and/or corporations connected therewith, including their insurers, sureties, consultants and experts, to Page 3 of 9 hereby release and forever discharge each other and their respective executors, administrators, trustors, trustees, beneficiaries, members, predecessors, successors, assigns, partners, partnerships, parent, subsidiary, affiliated and related entities, officers, directors, principals, agents, employees, servants, representatives, attorneys, and all persons, excluding spouse, but including firms, associations and/or corporations connected therewith, including their insurers, sureties, consultants and experts of and from any and all claims, demands, causes of action, obligations, damages, losses, costs, attorney fees, fees associated with the Action, including the Action in any manner, any and all claims asserted, or which could have been asserted, in the Action, including any known and unknown claims. WAIVER Plaintiff acknowledges that there is a risk that subsequent to execution of this Agreement, she may incur injury, loss, damages, costs, attorneys' fees, expenses, or any of these, which are in some way caused by, and/or connected with, the persons, entities, and/or matters referenced in the Action and the released claims, or which are unknown or unanticipated at the time this Agreement is signed, or which are not capable of being ascertained. Plaintiff further acknowledges that there is a risk that such damages as are known may become more serious than any party now expects or anticipates. Each party further acknowledges that this Agreement has been negotiated and agreed upon in light of those realizations, and Plaintiff hereby expressly waives all rights she may have in such unsuspected claims. Page 4 of 9 In doing so, Plaintiff has had the benefit of legal counsel and with knowledge and understanding specifically waives any rights under California Civil Code Section 1542, which provides as follows: 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. 7. COMPROMISE This Agreement is the result of a compromise among the parties hereto and shall never at any time or for any purpose be considered as an admission of liability, fault and/or responsibility on the part of those released. The payment of any sum of money in consideration for the execution of this Agreement shall never constitute, nor be construed, as an admission of any liability or fault whatsoever by any party herein released,which continues to deny such liability and disclaim responsibility. I ATTORNEYS' FEE The parties hereto acknowledge and agree that each of them will bear their own costs, expenses and attorneys' fees arising out of, or connected with the released claims, the Action,this Agreement, the negotiation, drafting and execution of this Agreement and all matters arising out of, or connected therewith. Notwithstanding the foregoing, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs in addition to all other relief Page 5 of 9 which that prevailing parry may be entitled. 9. CONSTRUCTION OF AGREEMENT This Agreement is a product of negotiation and preparation of the parties hereto and their respective attorneys. The parties therefore expressly acknowledge and agree that this Agreement shall not be deemed prepared or drafted by one party or another, or its attorneys, and will be construed accordingly. GOVERNING LAW This Agreement shall be construed and interpreted under the laws of the State of California. BINDING EFFECT This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, trustors,trustees,beneficiaries, members, predecessors, successors, assigns,partners,partnerships, parent, subsidiary, affiliated and related entities, officers, directors, principals, agents, employees, servants, representatives, attorneys, consultants, and all persons, firms, associations and/or corporations connected therewith, including their insurers, sureties, consultants and experts. Page 6 of 9 11 ENTIRE AGREEMENT This Agreement constitutes the entire understanding between and among the parties with regard to the matters set forth herein. There are no representations, warranties, agreements, arrangements, undertakings, oral or written, between or among the parties hereto relating to the subject matter of this Agreement which are not fully expressed herein.This Agreement may not be altered or amended other than by a writing executed by all parties. 1� COLITSI r PATS This Agreement may be executed in counterparts and so executed shall constitute an agreement which shall be binding upon all parties hereto, notwithstanding that the signature of all parties designated does not appear on the same page. Facsimile or electronic signatures on this Agreement shall be deemed acceptable and have the same force and effect as original signatures. Page 7 of 9 s 6 CAUTION: READ BEFORE SIGNING This Agreement Limits Your Legal Rights. Bertha Sanchez,Plaintiff Date _ _-,.APPROVED-AS-TQ FORM AND CONTENT Paul Manlan, Attorney for Plaintiff Date - — K Pete Aguil ,Mayor 'JIM 14 Date 71 Sam Ir4iy, City Cleric _ qlm Date APPROVED AS TO FORM AND CONTENT Janine L. Highiet-Ivicevic, Attorney for City of Redlands Authorized Representative, AMW Investments, Inc. Authorized Representative, CBDM Redlands, LLC Page 8 of 9 CAUTIQN: READ BEFORE SIGNING This Agreement Limits Your Legal Rights. Bertha Sanchez,Plaintiff . Iglu _ Date APPROVED AS TQ FOR? CONTEl�'T Paul Mankin, Attorney for Plaintiff Date Pete Aguilar,Mayor Date Sam Irwin, City Clerk Date ZYROVED AS TO FORM AND CONTENT Janine ghiet Ivic ic,Attorney for City of Redlands Authorized Representative, AMW Investments, Inc. Authorized Representative, CBDM Redlands,LLC Page 8 of 9 CAUTION:READ BEFORE SIGNING This Agreement Limits Your Legal,R1ghts_ Bertha Sanchez,Plaintiff Date _ APPROVED AS TO FORN AND CONTENT Paul Mankin,Attorney for Plaintiff Date Pete Aguilar,Mayor Date Sam Irwin, City Clerk Date APPRQVED AS TO FQRM AND CONTENT Janin .Highiet Ivi ' , omey for City of Redlands yff Aghorized Representative, vestments,Inc. Authorized Representative, C$DM Redlands,LLC Page S of 9 s is eetaent Units Yaur Lem i hts d • Bertha Sanchez,Plaintiff 1 Date . .- •. -. - ,.�..�$PRO'VE!'� S TO F© M TIf CO3�i'��r►� - __ _ ... Paul I1 ml n,Attorney for Plaintiff Date Pete Aguilar,J&yor Date Sate kwi%City Clerk ' Date. APMO 'I'O F COT+1TE Janine L.hIi&O Ivicovic,Attomey for'City of Redlands A. nze Rgresen ' e Inv inc. t _• r' e ed etat[ ands,LLC _ Wage 8 of 9 PPRO'V'ED AS T RM AND NT T David;B, rnAttoey for AMW Investments, Inc.,and, CBDM Redlands,LLC Bertha S>ittcha v.City of Redlands et nl;Release acid Settlitnent.Agreement Page 9 of 9 { t