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HomeMy WebLinkAboutContracts & Agreements_26-2003_CCv0001.pdf SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement ("Agreement") is entered into by and between the minor Brittany Owens, by and through her Guardian Ad Litem Val Joseph Pensader and Mother and Trustee Dianna Jeter ("Pensader") and City of Redlands ("Redlands") who are sometimes referred to herein as the "Parties." RECITALS A. Pensader alleges that on or about January 11, 2002, she was a passenger in a vehicle operated by Joseph Val Pensader, license number 6E79535 eastbound on Redlands Blvd near its intersection with Tennessee Avenue when the vehicle was struck from behind by a 1998 Ford Crown Victoria, a police vehicle operated by police Officer Natasha Crawford causing damages to the vehicle and to her. B. It is the intention of the Parties to resolve and settle their dispute and to discharge all claims, demands, causes of action, obligations, damages and liabilities each Party may have against the other that arises from, or are related to, the incident which is the subject of the Tort Claim. This Settlement and Release Agreement is the subject of that certain legal action entitled Petition to Approve Compromise of a Minor's Claim Brittany Owens v. City of Redlands Riverside Superior Court Case No. 083378 (collecti\ely, "the Petition"). C. This Agreement is a compromise of the claims and liabilities asserted by the Parties and shall not be treated as an admission of liability by any Party. AGREEMENT 1. The Parties acknowledge that the Recitals are true and correct and incorporate the Recitals into this Agreement. 2. Redlands shall pay to Pensader the sum of Two Thousand Nine Hundred Thirty One Dollars and Thirty One cents ($2,931.35)within fifteen (15)days from the date Redlands is served with an order from the Superior Court granting the Petition to approve the Compromise of Pensader's claim. The payment shall be made by check payable as ordered by the Superior Court in furtherance of the Petition. 3. The Parties shall bear their own attorneys' fees and costs incurred in connection with this claim. If any lawsuit has been filed by Pensader, said lawsuit shall be concluded by way of Pensader filing an immediate dismissal with prejudice of this action as to City and Officer Crawford with the court pursuant to Code of Civil Procedure section 581 and provide City with a conformed copy of said dismissal. 1:',ca�L-niA2reements'x-BrittanyTumer-Owens Pensader settlement agree.xkpd 4. Pensader, on behalf of herself and her respective agents, attorneys, representatives, assigns and successors-in-interest hereby releases and forever discharge Redlands, and its Councilmembers, agents, attorneys, officers, employees, including Officer Natasha Crawford, representatives, assigns and successors-in-interest from any and all claims, causes of action, actions, damages, losses, demands, accounts, liens, rights, debts, liabilities, obligations, disputes, controversies, payments, costs and attorneys' fees, of every kind and character, known or unknown, existing or contingent, latent or patent, regarding any matter arising from or related to the incident. 5. Pensader represents and warrants that she, by and through her Guardian Ad Litem, Val Joseph Pensader, has the legal authority to settle any and all causes of action and claims she may have against Redlands with regard to any and all claims and/or causes of action that relate or pertain to the Tort Claim, which settlement authority will be confirmed by court order via the Petition to Approve Compromise of her claim. By executing this Agreement, Pensader hereby releases and waives all claims or causes of action that in any way relate or pertain to the Tort Claim. To the extent any person or entity should file, subsequent to the execution of this Agreement, any claim or cause of action against Redlands arising out of or which is related to the incident which is the subject of the Tort Claim, Pendaser shall indemnify, defend and hold Redlands harmless from any and all damages, including any attorneys' fees and costs, that result therefrom. 6. Pensader expressly waives the rights afforded under Civil Code section 1542 which provides that: A general release does not extend to claims which the creditor does not know or suspect to exist in her favor at the time of executing the release, which if known by her must have materially affected her settlement with the debtor. 7. Pensader represents and warrants that she has received the advice of her attorney of record with respect to the advisability of making the settlement and release provided for herein and the meaning of Civil Code section 1542. Pensader is aware that she may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of Pensader to fully, finally and forever settle and release all such matters, and all claims related to those matters and to have said above-described settlement confirmed by the court by way of the Petition. 1Aca1Iern\AgrLements\Brittany Turner-Owens Pensader settlement agree.wpd 2 ° 8. Pen8admr represents and warrants that she has not assigned or transferred, or purported to assign or transfer, and Sh8U not hereafter assign or transfer, any obligations, |i@bi|itie8, demand, d8irDs, costs, expenses, liens, debts, controversies, darO8ggG' 8CtOnS and causes of action released pursuant to this Agreement. Pensader also agrees to defend. iDdHnnnhv and hold Redlands harmless against any obligation, (iabi||b/. demand, C|8i[D, cost, expense (inC|UdiDg, but not limited to 8UO[neys' f8eG incurred), (ieOs, debt, cOntrOVersV, d@D0ag8. action or cause of action based on, arising out of or in connection with any such transfer o[assignment O[purported transfer Orassignment. 9. FzenSader, through her Guardian Ad Liiamn. 8Cknmw(edQga that she has read this Agreement; that she has had the Agreement explained to her bycounsel of her choice; that she i8acting onthe advice 0fcounsel Qfher choice; that she |s avv8no of the content and legal effect ofthe Agreement; that she iaacting mnthe advice Of counsel Of her choice; that she is not relying on any representations made by any other party orany 0fthe employees, agents, representatives, or attorneys of any other party. 10. The F»arbga agree to execute and deliver any Other instrument or document convenient ornecessary iocarry out the terms ofthis Agreement. 11. This Agreement constitutes the entire agreement between the Parties as to the matters contained herein. No modification of this Agreement shall be valid unless made in writing, signed by the Parties. The parties shall not be bound by any nGpnyo8ntaUon, vvarrantv, promise or statement unless it is specifically set forth in this Agreement. 12. Failure of any Party to insist upon strict observance of, or compliance with all of the terms of this Agreement in one or more instances, shall not be deemed to be o waiver of 8 padva right to insist upon such observance or compliance with the other terms 0fthis Agreement. 13. This Agreement Gh8(| bind and inure to the benefit VY the heinG, gX8CU1O[G' administrators, sUc0eGsO[S. and assigns ofthe Parties. 14. This Agreement has been jointly negotiated and drafted. The |8OguGg8 of this Agreement shall be construed as aYVhO|8 according to its fair meaning and not strictly for 0ragainst any Ofthe Parties. 15. Each p@dv executing this AgR}808Dt represents and warrants to the other signatories that they have the authority 0Jexecute this Agreement oObehalf ofthe c\cu\lemegreunents\BmtanrTurner-Owens Penoadersettlement agree.wpd 3 person or entity for whom they are signing this Agreement. 16. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 17. Should an action be brought to enforce or interpret the terms of this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees and costs incurred in prosecuting the action, CLAIMANT �� oko tkp� W-4 1b-�v Dated: V";r- Brit ny OWens, by and through her ardi Ad Litem Val Joseph Pensader [Notary Acknowledgment Required CITY OF REDLANDS Dated: February 18, 2003 7 Karl N. (Kasey) Haws, Mayor Attest: s' A-uw-g Citylerk lAca\lem\Agreements\Brit=y Tumer-Owens Pensader settlement agree,wpd 4 ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS CITY OF REDLANDS By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on February 18, 2003, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk f the City of Redlands, California, personally appeared Karl N. Haws and Lorrie Poyzer f Xj personally known to me - or - I I proved to me on the basis of satisfactory evidence to be the persons whose names) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. /Z N\N LORRIE POYZER, CITY CLERK 0 TE& 7r, ' By: Nb46 'Z� Beatrice Sanchez, Deputy City Clerk (909)798-7531 CALIV-0 A CAPACITY CLAIMED BY SIGNER(S) Individual(s) signing for oneselUthemselves Corporate Officer(s) Title(s) Company Partner(s) Partnership Attorney-In-Fact Principal(s) Trustee(s) Trust x Other Title(s): Mayor and City Clerk Entity Represented: City of Redlands, a municipal corporation THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Settlement Agreement Date of Document: February 7, 2003 Signer(s) Other Than Named Above: Dianna Jeter and Val Joseph Pensader (for Brittany Owens) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of - - ------------------ On ---On - Gam'''' F before ?Y1 � � )?TA , Nam and f.f�,. �€Ce l�a u.. =..�a -c_3'V� blic". %. personally appeared ¢ - - - ... ; personally known to me V'-proved to me on the basis of satisfactory evidence to be the perso , s) whose earn 4s _ =r subscribed to the withininstr merit and acknowledged to e that the. xeccat d the same in � r heir authorizrl RONALDU capacity,les , and that er eir Commimion 1237698 si rat ar s3 n the instrument the perso {s r- imyIt t the entity upon behalf of which the perso ns) � , _ f acted, execrated the instrument. WITNESS my hard and official seal. - Race Nf - r Sea!Above �If ivy '5 OPTIONAL Though he information below is not required by la;, it may wove valuable to persons relying on the document and coufd prevent fraudulent removal and reattachnnent of this form to another docurneY3r. Description of Attached Docurnent Title or Tyne of Document-t: - � �. �� _ �- � _ - - t e, x` P Pages: es: Document Cate. Number... �, r ` Signerts; Otner Than Named Alco - - ?5 parities Claimed y Signer Signer's flame: ....... _ - a >4 individual v; Corporate Officer f itletsp: Partner— Limited general Attorney in Lauf Trustee Guardiar-.or Conservator fr K Other: ` _........___ Signer Is e resertir�q. y: .A,i9„h,n fa:NotayAs__'si-; 9G50 De fu.c.Av;-, 0 E,o 2»:;2 C»9J12 > .r.r,;.:,_. ,c,,.,,.t.`!; Pr-_ _ 5c07 R2arree CaN Tat'_F c K-0-876 W" . ~ ~ SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement ("Agreement") is entered into by and between the rDiD0r AJGO Pen88der, by and through his Guardian Ad Lit8Ol Val Joseph pens@der (°PHDs8der") and City of Redlands ("Redlands") who are G0[Deii0DeS referred to herein as the "Parties." RECITALS A. PenG@deralleges that On Orabout January 11. 2002. he was a passenger in 8 vehicle operated by Joseph Val Pena@der. license number 0E79535 eastbound on Redlands Blvd near its intersection with Tennessee Avenue when the vehicle was struck from behind by a 1998 Ford Crown Victoria, a police vehicle operated by police Officer Natasha Crawford causing damages tOthe vehicle and tVhim. B. It is the intention of the Parties to resolve and settle their dispute and to discharge all o(airna, demands, causes of action, 0b(i08iiona. damages and liabilities each Party may have against the other that arises from, or are related to, the incident which is the subject of the Tort Claim. This Settlement and Release Agreement is the subject of that certain legal action entitled Petition to Aoomomg Compromise of Minor's Clain Alan Fems@der u City of Redlands Riverside Superior Court Case No. O83377 /co(|ecdve(y. "the peUb0n"\. C. This Agreement is 8 compromise of the c(a|rna and liabilities asserted by the Parties and shall not bgtreated enanadmission ofliability byany Party. AGREEMENT 1. The Parties acknowledge that the Recitals are true and correct and incorporate the Recitals into this Agreement. 2. Redlands shall pay to Pensader the aurn of One Thousand OmU@no ($1.080.00) within fifteen (15) days from the date Redlands is served with an order from the Superior Court gR]OUOg the Petition to approve the [}O0pn}0Qi0e Of PeDsader'G claim. The pGyOD8Di ShR|( be made by check payable as ordered by the Superior Court infurtherance Qfthe Petition, 3. The Parties shall bear their oVVD attorneys' fees and costs incurred in connection with this claim, |fany lawsuit has been filed by P8Ds8de[, said lawsuit shall be concluded bvway Qf PeOSaderfi||Og an immediate dismissal with prejudice Of this action as to City and Officer CG]Vvh3nd with the court pU[SU2Dt to Code of [}iVi| Procedure section 581and provide City with a conformed copy nfsaid dismissal. - ~ ` � 4. Pensader, on behalf of himself and his respective agents, attorneys, representatives, assigns and successors-in-interest hereby releases and forever discharge RRd(8nds, and its COuOCi([Oernbers' agents, attorneys, officers, employees, including Officer Natasha CC4VfV[d. [epngsentatiVeG, assigns and successors-in-i nte rest from any and all claims, causes of action, actions, damages, losses, demands, accounts, |ieOG' rights' debts, liabilities, obligations, dispUtgS, controversies, payments, COGtS and attorneys' fees, Ofevery kind and character, kDOVVn or UDkDoVVR' existing or contingent, latent or patent, regarding any matter arising from O[related tO the incident. 5. Pen8ader represents and warrants that he, by and through her Guardian Ad Litenn, Val Joseph Pensader, has the legal authority to settle any and all causes of action and claims he may have against Redlands with ngganj to any and all claims and/or causes of action that no|a1e or pertain to the Tort C(ainn, which settlement authority will be confirmed by court order via the Petition to Approve Compromise of her claim. By ex8oUdn0 this Agn8em8nt, pena@der hereby releases and waives all claims or causes of action that in anyway relate Or pertain to the Tort Claim. To the extent any person or entity should fi(e, subsequent to the execution of this Agneernent, any claim or cause of action against Redlands arising out of or which is related to the incident which is the subject of the Tort Claim, PgOdaeerahaU indarnnihy, defend and hold Redlands harmless from any and all damages, including any attorneys' fees and costs, that result therefrom. 8. Pgnaad8r expressly waives the rights afforded under Civil Code section 1542 which provides that: A general release does not extend to C(airOa which the creditor does not know orsuspect t0 exist in her favor at the time of executing the re|easg, which if known by her must have materially affected her settlement with the debtor. 7. Pensadgrrepresents and warrants that he has received the advice of his 8U8[Dey Of record with respect to the 8dVi88bi()b/ Of D18NOg the settlement and og(gBse provided for herein and the meaning of {}iVi| Code section 1542. FzeDs8der is aware that he may hereafter discover claims or facts in addition to or different from those they QOVV h0OVV or believe to be true with respect to the matters related herein. Nevertheless, it is the intention Of PeOsaderto fU|k/, finally and forever settle and release all such Dl8tte[s, and all claims related to those matters and to have said above-described settlement confirmed by the court by Vva/ Of the Petition' uAc^xrmw.sneem*uumAwnpoosauersettlement ugree-wpu 2 ~ . � . 8. Pensader represents and warrants that hehas not assigned or transferred, or purported to assign or transfer, and Sh8U not hereafter assign or transfer, any obligations, liabilities, derO8Od. C(@i[Ds, :0GtG, expenses, |ign8, d8bts, controversies, d8nlaggG. actions and cBVGeG of action released pursuant to this Agreement. penSader also agrees to defend, indemnify and hold Redlands harmless against any obligation, (i8bi(ib/. demand, C|8iDO. cost, expense (iDdVdiOg. but not limited to attorneys' fees incurred), liens, debt, controversy, damage, action or cause of action based on, 8hSiVQ out Of Or in connection with any such transfer Orassignment V[purported transfer 0rassignment. 9. Pen8Gder, through her Guardian Ad Litem. acknowledges that he has ng8d this Agreement; that he has had the Agreement explained LO him by counsel of his choice; that he is acting onthe advice wfcounsel of his choice; that heiaaware of the content and legal effect ofthe Agreement; that he is acting onthe advice of counsel Of his choice; that he is not relying on any representations made by any other party orany 0fthe employees, agenta, representatives, or attorneys of any other party. 18. The Parties agree to execute and deliver any other instrument or document convenient ornecessary tVcarry out the terms ofthis Agreement. 11. This Agreement constitutes the entire agreement between the Parties as to the matters contained herein. NVmodification ofthis Agreement shall bgvalid unless made in vvriUOQ, signed by the Parties. The parties shall not be bound by any representation, w8rr8nb/, promise or statement unless it is specifically set forth in this Agreement. 12. Failure of any Party to insist upon strict observance of, or compliance with all of the terms of this Agreement in One or more instances, ahG(( not be deemed to be a waiver Dfa Party's right to insist upon such observance orcompliance with the other terms Of this Agrg8[neOC 13. This AgPee[O8OL Gh8U bind and inure to the benefit of the heirS, eXgCUtorG. administrators, successors, and assigns Ofthe Parties. 14. This Agreement has been jointly negotiated and drafted. The language of this Agreement shall be construed as G VYhO|e according to its fair meaning and not strictly for Oragainst any Ofthe Parties. 15. Each party executing this Agreement represents and warrants to the other signatories that they have the authority tOexecute this Agreement OObehalf 0fthe person or entity for whom they are signing this Agreement. 16. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 17. Should an action be brought to enforce or interpret the terms of this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees and costs incurred in prosecuting the action. CLAIMANT Alan Pensader 10, Dated: Ian P s r�`by and through his Gouard'Litem Val Joseph Pensader [Notary Acknowledgment Required] CITY OF REDLANDS Dated: February 18, 2003 Karl N. (Kasey) Haws, Mayor Attest: City Cf6rk lAcaVem\Agreements\Alan Pensader settlement agree,wpd 4 ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS CITY OF REDLANDS By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on February 18, 2003, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk f the City of Redlands, California, personally appeared Karl N. ffwxys and Lorrie Poyzer t X1 personally known to me - or - I I proved to me on the basis of satisfactory evidence to be the persons whose names) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. N'* kED LORRIE POYZER, CITY CLERK ?0 SP By Beatrice Sanchez, Deputy City Cler C (909)798-7531 0 — — — — — — — — — — — — — — — — — — — CAPACITY CLAIMED BY SIGNER(S) Individual(s) signing for oneselUthemselves Corporate Officer(s) Title(s) Company Partner(s) Partnership Attorney-In-Fact Principal(s) Trustee(s) Trust x Other Title(s): Mayor and City Clerk Entity Represented: City of Redlands, a municipal corporation THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Settlement Agreement Date of Document: February 7, 2003 Signer(s) Other Than Named Above: Val Joseph Pensader (for Alan Pensader) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT tate of C lifornia SS, County of r On zr Xi Date : ,� -=& a 7! ,..r Niee.g Jar e, x�.e. aar.Puh;` ersonally appeared � ° � ---- personally known to me proved to ire or the basis of satisfactory evidence to be the person>,,1 whose name 3- .subscribed to Beit instrument an x; knowle; ed to e ti r h 6- y executed �769 the same}, in tho i ed RONALD d ypocty€' hat b 7698 cry signature on the instrument the person,, or y-a 'd . wsthe entity upon behalf owhich the erso COTI~. noted, executed the instrument. WITNESS NESS hand and official seal. Rave Ifo w., r,DOV OPTIONAL Though the Wont;ation below rs not required by la 4, ;`mai prove valuable to persons relying on the document and could prevent fraudulent i emovat and reattachment of this form, to another document. Description of Aftached rent ? Title car Type of Document: : ;�-_�_�_`�'� _�_�� -' `� -- _ � �C ::_ '-I Document 'cute: _ N umuer of P at eS: -- Than Named Above: � � � Vi € _ _ � x _ Signer s} the d L Capacity(ies) Claimed by Signer Signer's dame: --- .Ial individual g Corporate Officer—Title(s): - ---- -- ` Pay ever Limited General Attorney in Fact Trustee Guardian—or Conservator Other: Signer Is Representing:, — 77 dt h, �a f`. P.,..Ir v. -O,-�.,ss: .a! ^- ri_.. -A<E_PJ 8r. -, U _u <.,-: _a_ v._� ; �1.e-.,_r.p,� a -Jr� i Pace. Cali Toll R. e 1.n18-66s2 SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement ("Agreement") is entered into by and between the minor Jeni-Tsu Pensader, by and through her Guardian Ad Litem Val Joseph Pensader ("Pensader") and City of Redlands ("Redlands") who are sometimes referred to herein as the "Parties." RECITALS A. Pensader alleges that on or about January 11, 2002, she was a passenger in a vehicle operated by Joseph Val Pensader, license number 6E79535 eastbound on Redlands Blvd near its intersection with Tennessee Avenue when the vehicle was struck from behind by a 1998 Ford Crown Victoria, a police vehicle operated by police Officer Natasha Crawford causing damages to the vehicle and to her. B. It is the intention of the Parties to resolve and settle their dispute and to discharge all claims, demands, causes of action, obligations, damages and liabilities each Party may have against the other that arises from, or are related to, the incident which is the subject of the Tort Claim. This Settlement and Release Agreement is the subject of that certain legal action entitled Petition to Approve Compromise of a Minor's Claim Jeni-Tsu Pensader v. City of Redlands Riverside Superior Court Case No. 083481 (collectively, "the Petition"). C. This Agreement is a compromise of the claims and liabilities asserted by the Parties and shall not be treated as an admission of liability by any Party. AGREEMENT 1. The Parties acknowledge that the Recitals are true and correct and incorporate the Recitals into this Agreement. 2. Redlands shall pay to Pensader the sum of Five Thousand Five Hundred Forty Two Dollars and Forty Seven cents ($5,542.47) within fifteen (15) days from the date Redlands is served with an order from the Superior Court granting the Petition to approve the Compromise of Pensader's claim. The payment shall be made by check payable as ordered by the Superior Court in furtherance of the Petition 1 The Parties shall bear their own attorneys' fees and costs incurred in connection with this claim. If any lawsuit has been filed by Pensader, said lawsuit shall be concluded by way of Pensader filing an immediate dismissal with prejudice of this action as to City and Officer Crawford with the court pursuant to Code of Civil Procedure section 581 and provide City with a conformed copy of said dismissal. lAca\lem\A,-reementsVenny Pensader settlement agree-wpd 4. Pensader, on behalf of herself and her respective agents, attorneys, representatives, assigns and successors-in-interest hereby releases and forever discharge Redlands, and its Councilmembers, agents, attorneys, officers, employees, including Officer Natasha Crawford, representatives, assigns and successors-in-interest from any and all claims, causes of action, actions, damages, losses, demands, accounts, liens, rights, debts, liabilities, obligations, disputes, controversies, payments, costs and attorneys' fees, of every kind and character, known or unknown, existing or contingent, latent or patent, regarding any matter arising from or related to the incident. 5. Pensader represents and warrants that she, by and through her Guardian Ad Litem, Val Joseph Pensader, has the legal authority to settle any and all causes of action and claims she may have against Redlands with regard to any and all claims and/or causes of action that relate or pertain to the Tort Claim, which settlement authority will be confirmed by court order via the Petition to Approve Compromise of her claim. By executing this Agreement, Pensader hereby releases and waives all claims or causes of action that in any way relate or pertain to the Tort Claim. To the extent any person or entity should file, subsequent to the execution of this Agreement, any claim or cause of action against Redlands arising out of or which is related to the incident which is the subject of the Tort Claim, Pendaser shall indemnify, defend and hold Redlands harmless from any and all damages, including any attorneys' fees and costs, that result therefrom. 6. Pensader expressly waives the rights afforded under Civil Code section 1542 which provides that: A general release does not extend to claims which the creditor does not know or suspect to exist in her favor at the time of executing the release, which if known by her must have materially affected her settlement with the debtor. 7. Pensader represents and warrants that she has received the advice of her attorney of record with respect to the advisability of making the settlement and release provided for herein and the meaning of Civil Code section 1542. Pensader is aware that she may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of Pensader to fully, finally and forever settle and release all such matters, and all claims related to those matters and to have said above-described settlement confirmed by the court by way of the Petition. L\ca\Ietn\AgreementsVenny Pensader settlement agree.wpd 2 8. Pensader represents and warrants that she has not assigned or transferred, or purported to assign or transfer, and shall not hereafter assign or transfer, any obligations, liabilities, demand, claims, costs, expenses, liens, debts, controversies, damages, actions and causes of action released pursuant to this Agreement. Pensader also agrees to defend, indemnify and hold Redlands harmless against any obligation, liability, demand, claim, cost, expense (including, but not limited to attorneys' fees incurred), liens, debt, controversy, damage, action or cause of action based on, arising out of or in connection with any such transfer or assignment or purported transfer or assignment. 9. Pensader, through her Guardian Ad Litem, acknowledges that she has read this Agreement; that she has had the Agreement explained to her by counsel of her choice; that she is acting on the advice of counsel of her choice; that she is aware of the content and legal effect of the Agreement; that she is acting on the advice of counsel of her choice; that she is not relying on any representations made by any other party or any of the employees, agents, representatives, or attorneys of any other party. M The Parties agree to execute and deliver any other instrument or document convenient or necessary to carry out the terms of this Agreement. 11. This Agreement constitutes the entire agreement between the Parties as to the matters contained herein. No modification of this Agreement shall be valid unless made in writing, signed by the Parties. The parties shall not be bound by any representation, warranty, promise or statement unless it is specifically set forth in this Agreement. 12. Failure of any Party to insist upon strict observance of, or compliance with all of the terms of this Agreement in one or more instances, shall not be deemed to be a waiver of a Party's right to insist upon such observance or compliance with the other terms of this Agreement. 13. This Agreement shall bind and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the Parties. 14. This Agreement has been jointly negotiated and drafted. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any of the Parties. 15. Each party executing this Agreement represents and warrants to the other signatories that they have the authority to execute this Agreement on behalf of the Bca\lemlAgreemertts\Jenny Pensader settlement agree.wpd 3 C-, person or entity for whom they are signing this Agreement. 16. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 17. Should an action be brought to enforce or interpret the terms of this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees and costs incurred in prosecuting the action. CLAIMANT Jeni-Tsu Pensader Dated: L Jeni-T r T nsa8j&W(, by and through her J Gua Ad La6m Val Joseph Pensader [Notary Acknowledgment Required] CITY OF REDLANDS Dated: February 18, 2 0 03 -2 Karl N. (Kasey) Haws, Mayor Attest: Z—) Ci Jerk 1Aca\lem\AgreernentsVenny Pensader settlement agree,wpd 4 ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS CITY OF REDLANDS By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on February 18, 2003, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk f the City of Redlands, California, personally appeared Karl N. Haws and Lorrie Poyzer I Xj personally known to me - or - I I proved to me on the basis of satisfactory evidence to be the persons whose names) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. OF LORRIE POYZER, CITY CLERK -0888 <x By: Beatrice Sanchez, Deputy City Clerk O (909)798-7531 CAPACITY CLAIMED BY SIGNER(S) Individual(s) signing for oneselUthemselves Corporate Officer(s) Title(s) Company Partner(s) Partnership Attorney-In-Fact Principal(s) Trustee(s) Trust x Other Title(s): Mayor and City Clerk Entity Represented: City of Redlands, a municipal corporation THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Settlement Agreement Zn Date of Document: February 7, 2003 Signer(s) Other Than Named Above: Val Joseph Pensader (for Jeni-Tsu Pensader) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California p SS. County of On/- �" c �- !, �Z fetor e rise; y, a U ar-e i T of O f to _._doe,Notary Public') personally appeared ` { personally known to m proved to rile on the basis of satisfactory Cl evidence to be the perso ) chose nameX namei r subscribed to the within instrument and acknowledged ged to me th executed the same in; resr a thollZe capacity j, a; tt4i� hi sir o m. 3 37698 z sic natur$X on the instrument the perso , or }> ., Nit ff .;i the entity upon behalf of which the perscar L15�. Iv Yi orrtna acted, executed the instrument. r�;. WITNESS my hand and official seal. Place Nrray,SCII Abo=veOPTIONAL y, Though the information belowis not required by law 7t may prove ivafiic:ble to persons relying on the document and could p+re eQt fraudulent ter`?oval and reattachment of this forma to another Cl'u'cunnent. Description of Attached oct4urient Title or Type of Document: - Document Date: (�4( _.. Number of Pages: — - - f €cgnerts) tlser Than Namedt Above: parity ies Claimed by Signer Signer's dame: -_----------- iniviva, _g _ tY Corporate Officer vitl=e( ): _ Partner 1-imitett General Attorney in Fact Trustee Guardian o Conservator ,y Signer is Representing _ F ry _.__ _>tcch, anl:,ml Nozars As.. s. 3350De uHAvc_PO Evil:*2402