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HomeMy WebLinkAboutContracts & Agreements_5-1996_CCv0001.pdf SETTLEMENT AGREEMENT AND GENERAL RELEASE OF ALL CLAIMS This Settlement Agreement and General Release of All Claims (this "Agreement") is made and entered into by and between the City of Redlands, a municipal corporation (hereinafter "City") and Bobby Morris, an individual (hereinafter "Claimant") and is made in light of the following: RECITALS A. Claimant was a passenger in a vehicle which was involved in a non-injury traffic collision with a City-owned vehicle at approximately 1550 hours on June 19, 1995 (the "Traffic Collision"). B. The Traffic Collision occurred in the west-bound lane of Colton Avenue just east of the intersection of Herald Street in the City of Redlands. C. Specifically, the facts leading up to the Traffic Collision are as follows: while traveling west-bound on Colton Avenue the vehicle occupied by Claimant slowed, then stopped, behind traffic backed up for the stop sign located at the intersection of Colton Avenue and Sixth Street, Soon thereafter, a City-owned vehicle struck the rear-end of the vehicle occupied by Claimant. AGREEMENT Following settlement discussions, City and Claimant have agreed to settle any and all disputes, now in existence or arising in the future, between City and Claimant, regarding the matters set forth herein and related to the above. DJN1524PXV Settlement Agreement Bobby Morris Page 2 1 The aforementioned Recitals are true and correct. 2. The parties hereto acknowledge that each has denied, and continues to deny, any claims asserted by the other, but that City and Claimant desire to bring this matter and any related matters to a conclusion to avoid further incurring costs and expenses incident to their prosecution and defense. Therefore, the parties make this Agreement expressly recognizing that the making of this Agreement does not in any way constitute an admission of wrongdoing or liability on the part of either party. Further, this Agreement shall not be cited as evidence of practice in any forum whatsoever. 3. City agrees to pay Claimant the sum of Four Thousand Dollars ($4,000.00) concurrent with Claimant's execution of this Agreement In consideration of the foregoing, Claimant, on behalf of himself and his agents, successors, heirs, estate and assigns does fully release and discharge City, its elected officials, officers, agents, employees and attorneys from all actions, causes of action, claims, judgments, obligations, damages and liabilities of whatsoever kind and character, including but not limited to, any actions, causes, claims, judgements, obligations, damages, or liabilities in any way relating to the events described in Recitals of this Agreement. Claimant represents and warrants that it has not assigned any such action, cause of action, claim, judgment, obligation, damage or liability, or authorized any other person or entity to assert such on its behalf. Further, Claimant agrees that pursuant to this Agreement, he waives any claim for damages incurred at any time after the date of this Agreement because of any alleged continuing effects of any alleged unlawful acts or omissions involving Claimant which occurred on or before the date of this Agreement, 4- City, on behalf of itself, and its agents, successors and assigns does fully release and discharge Claimant from all actions, causes of action, claims,judgments, obligations, damages, and DJM524PW Settlement Agreement Bobby Morris Page 3 liabilities of whatsoever kind and character, including but not limited to, any actions, causes, claims, judgments, obligations, damages or liabilities in any way relating to the events described in the Recitals of this Agreement. City represents and warrants that it has not assigned any such action, cause of action, claim,judgment, obligation, damage or liability, or authorized any other person or entity to assert such on its behalf 5. Claimant and City understand and expressly agree that this Agreement extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected, past or present relating to the subject matter of this Agreement that each may have, and that all rights each may have under Section 1542 of the California Civil Code are hereby expressly waived. Such Section 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 executing the release, which if known by him must have materially affected his settlement with the debtor." Claimant and City further state that each has carefully read this Settlement Agreement and General Release of All Claims; that each has had the opportunity to have it fully explained to it by their respective attorneys, that they fully understand this Agreement's final and binding effect; that the only promises made to Claimant and City to sign this Settlement Agreement and General Release of All Claims are those stated above; and that Claimant and City are signing this Agreement voluntarily. WN1524PW Settlement Agreement Bobby Morris Page 4 6. In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement the prevailing party shall be entitled to recover, in addition to costs and any other relief, its reasonable attorney's fees. CLAIMANT Dated 1996 By: /L Bobby Morris CITY OF REDLANDS Dated February 27, 1996 Mayor ATTEST Dated _ February 27 , 1996 By �tyClerk ,. SETTLEMENT AGREEMENT AND GENERAL RELEASE OF ALL CLAIMS This Settlement Agreement and General Release of All Claims (this "Agreement") is made and entered into by and between the City of Redlands, a municipal corporation (hereinafter "City"} and Chris Gernand, an individual (hereinafter "Claimant") and is made in light of the following: RECITALS A. Claimant was a passenger in a vehicle which was involved in a non-injury traffic collision with a City-owned vehicle at approximately 1550 hours on June 19, 1995 (the "Traffic Collision"). B. The Traffic Collision occurred in the west-bound lane of Colton Avenue just east of the intersection of Herald Street in the City of Redlands. C. Specifically, the facts leading up to the Traffic Collision are as follows: while traveling west-bound on Colton Avenue the vehicle occupied by Claimant slowed, then stopped, behind traffic backed up for the stop sign located at the intersection of Colton Avenue and Sixth Street. Soon thereafter, a City-owned vehicle struck the rear-end of the vehicle occupied by Claimant. AGREEMENT Following settlement discussions, City and Claimant have agreed to settle any and all disputes, now in existence or arising in the future, between City and Claimant, regarding the matters set forth herein and related to the above, D 1524 Settlement Agreement Chris Gernand Page 2 1 The aforementioned Recitals are true and correct. 2. The parties hereto acknowledge that each has denied, and continues to deny, any claims asserted by the other, but that City and Claimant desire to bring this matter and any related matters to a conclusion to avoid further incurring costs and expenses incident to their prosecution and defense. Therefore, the parties make this Agreement expressly recognizing that the making of this Agreement does not in any way constitute an admission of wrongdoing or liability on the part of either party. Further, this Agreement shall not be cited as evidence of practice in any forum whatsoever. 3. City agrees to pay Claimant the sum of Three Thousand Five Hundred Dollars ($3,500.00) concurrent with Claimant's execution of this Agreement In consideration of the foregoing, Claimant, on behalf of himself and his agents, successors, heirs, estate and assigns does fully release and discharge City, its elected officials, officers, agents, employees and attorneys from all actions, causes of action, claims,judgments, obligations, damages and liabilities of whatsoever kind and character,including but not limited to, any actions, causes, claims,judgements, obligations, damages, or liabilities in any way relating to the events described in Recitals of this Agreement. Claimant represents and warrants that it has not assigned any such action, cause of action, claim, judgment,obligation, damage or liability, or authorized any other person or entity to assert such on its behalf. Further, Claimant agrees that pursuant to this Agreement, he waives any claim for damages incurred at any time after the date of this Agreement because of any alleged continuing effects of any alleged unlawful acts or omissions involving Claimant which occurred on or before the date of this Agreement. 4. City, on behalf of itself, and its agents, successors and assigns does fully release and discharge Claimant from all actions, causes of action, claims,judgments, obligations, damages, and DA1524aPW Settlement Agreement Chris Gemand Page 3 liabilities of whatsoever kind and character, including but not limited to, any actions, causes, claims, judgments, obligations, damages or liabilities in any way relating to the events described in the Recitals of this Agreement. City represents and warrants that it has not assigned any such action, cause of action, claim,judgment, obligation, damage or liability, or authorized any other person or entity to assert such on its behalf 5. Claimant and City understand and expressly agree that this Agreement extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected, past or present relating to the subject matter of this Agreement that each may have, and that all rights each may have under Section 1542 of the California Civil Code are hereby expressly waived. Such Section 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 executing the release, which if known by him must have materially affected his settlement with the debtor." Claimant and City further state that each has carefully read this Settlement Agreement and General Release of All Claims; that each has had the opportunity to have it fully explained to it by their respective attorneys, that they fully understand this Agreement's final and binding effect; that the only promises made to Claimant and City to sign this Settlement Agreement and General Release of All Claims are those stated above; and that Claimant and City are signing this Agreement voluntarily, DA,1524aPW Settlement Agreement Chris Gernand Page 4 6. In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement the prevailing party shall be entitled to recover, in addition to costs and any other relief, its reasonable attorney's fees. CLAIMANT Dates 1996 By. IL��k 4E Chris Gernand CITY OF REDLANDS Dated February 2 7 , 1996 Y' Mayor ATTEST Dated February 27, 1996 Bye . Cit Clerk