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HomeMy WebLinkAboutContracts & Agreements_203-2004_CCv0001.pdf SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement("Agreement")is entered into by and between Casey White and Joan White("White"), and City of Redlands and Officer Jesse Marquez-Lomeli("City") who are sometimes referred to herein as the "Parties." RECITALS A. On or about March 8, 2004, Casey White was operating Joan White's (his mother's), 2002 Buick Century traveling southbound Oil Judson Street at its intersection with Brockton Avenue when Officer Marquez-Lomeli pulled out traveling westbound on Brockton. Mr. White struck Officer Marquez-Loi-neli's vehicle resulting in alleged damages to the White vehicle and personal injuries to Casey White. White thereafter filled a Government Tort Claim with City dated May 24, 2004. 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 White may have against the City that arise from, or are related to, the incident which is the subject of the Claim. C. This Agreement is a compromise of the claims asserted by White 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. The City shall pay to White the sum of Eighteen Thousand Seven Hundred Fifty ($18,750.00) Dollars within thirty (0t days from the date the City has executed this Agreement. The payment shall be made by check payable to White, and their Attorney of Record, Diana DiMaggio. 3. The Parties shall bear their own attorneys'fee-,and costs incurred in connection with the Claim. 5. White,on behalf of themselves and their respective attorneys,representatives,assigns, heirs and successors-in-interest hereby releases and forever discharges the City, and its elected officials, officers, employees, representatives, assigns and successors-in-interest from any and all claims,causes of action,actions,damages,losses,demands,accounts,rights,liens,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 which was the subject of the Claim. If any lawsuit has been filed by White or their agents and/or assigns arising out of this claim as to City, said lawsuit shall be immediately Casey Whig,wpd dismissed with prejudice and said dismissal shall be served on City before any Settlement check is issued to White. 6. White represents and warrants that they have the legal authority to settle any and all causes of action and claims they may have against the City which relate or pertain to the Claim. By executing this Agreement,White hereby releases and waives all claims or causes of action which in any way relate to the Claim. To the extent any person or entity should file, subsequent to the execution of this Agreement, any claim or cause of action against the City arising out of, or which is related to,the incident which is the subject of the Claim, White shall indemnify,defend and hold the City harmless from any and all damages, including any attorneys' fees and costs that result therefrom. 7 White expressly waives the rights afforded them under Civil Cede section 1542 which provides that: 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 Z:� him intist have materially affected his settlement with the debtor. 8. White represents and warrants that they have received the advice of their Attorney of Record with respect to the advisability of making the release provided for herein and the meaning of Civil Code section 1542. White is aware that they 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 White to fully,finally and forever settle and release all such matters, and all claims related to those matters. 9. White represents and warrant that they have 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. White shall defend, indemnify and hold the City 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. M White acknowledges that they have read this Agreement; that they have had the Agreement explained to them by counsel of their choice;that they are aware of the content and legal effect of the Agreement; that they are acting on the advice of counsel of their choice; and that they are not relying on any representations made by any other party or any of the employees, agents, representatives, or attorneys of any other party. 11. The Parties agree to execute and deliver any other instrument or document convenient or necessary to carry out the terms of this Agreement. (:\ca,len-.,,,�gree-nei)ts',settlement Casey White,)Npd 2 12, 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 and 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. I - 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 it has the authority to execute this Agreement on behalf of the person or entity for whom it is signing this Agreement. 16. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 17. In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement the prevailing Party shall, in addition to costs and any other relief be entitled to recover its reasonable attorneys' fees. I S�ItflenneW( ase� 'A"I'tv vpd (Signature Page) SETTLEMEN s AND RELEASE AGREEMENT Casev White and .roan White v. City of Redlands, Officer Jesse Marouez-Lomeli PLAINTIFFS Dated: Cas White y Dated: Joan Whit f ;.nom WITNESS AND APPROVED AS TO FORM AND CONTENT 6 y � k Dated. t c Iarra DiMgio sq. CITY OF REDLANDS Dated: Dec. 21, 2004 �. �>s 1 Peppier. Mayoi Attest: Lorfie Poyzeryq� lerlt l:'ca`ie-�.in',_2reeni tits''.settlenie€it C'asev 1'hke, pd 4