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Home My WebLink AboutContracts & Agreements_177-2002_CCv0001.pdf SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement ("Agreement") is entered into by and between Clydean Joan Bartlett ("Bartlett"), and City of Redlands ("City") who are sometimes referred to herein as the "Parties." RECITALS A. Niehus alleges that on February 3, 2000, she was a passenger in a 1987 Volkswagon Cabriolet operated by Cross-Defendant Clydean Joan Bartlett on Highland Avenue and Ramona Drive in the City of Redlands. The Niehus vehicle was traveling northbound on Ramona Drive which was controlled by a stop sign. Bartlett failed to stop for the posted stop sign, entered the intersection at Highland Avenue and was broadsided by a westbound vehicle operated by Kathryn Matich resulting in injuries to Niehus. Niehus alleges that the City's tree trimming crew was working, at that intersection that day and had trucks parked on the east side of Ramona Drive allegedly restricting the view of the stop sign and of cross traffic on Highland Avenue. City alleges Bartlett was negligent in the operation of her vehicle including but not limited to the wearing of readinc,glasses while operating her vehicle caus;nL,the accident. Bartlett alleges she cannot be held C, Z� legally liable for Niehus'injuries under the exclusive remedy provisions of the Labor Code because Bartlett and Neihus were co-employees at the time of the accident and were working in the course and scope of their employment when the accident occurred. This accident is the subject of that certain legal action entitled Becky Lynn Niehus v. City of Redlands et. alsan Bernardino Superior Court Case No. SCVSS 74425 (collectively, "the Lawsuit"). 1:",,ca'�lem%Agreemen&,.Bartiett Settlement.�kpd 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 Bartlett may have against the City and City may have against Bartlett that arise from, or are related to, the incident which is the subject of the Lawsuit. C. This Agreement is a compromise of the claims asserted by City and shall not be treated as an admission of liability by any Party. AGREEMENT I. The Parties acknowledge that the Recitals are true and correct and incorporate the Recitals into this Agreement. 2. Bartlett through her insurance carrier Mercury Insurance Company,shall pay to City the sum of One Thousand Five Hundred Dollars (S 1,500.00) within thirty(30)days from the date that Bartlett has executed this Agreement. The payment shall be made by check payable to the City of Redlands. Citv•and its attorney of record agree ec that within ten (10) business days of receipt of the check,or in conjunction with the dismissal of the main action filed by Nichus,City shall execute and file a Dismissal of its cross-complaint as to Bartlett. 4. The Parties shall bear their own attorneys'fees and costs incurred in connection with the Lawsuit. 1:1ca',,.Ieni\,Aereenients',Bartiett Settlementmpd 5. City and Bartlett, on behalf of themselves and their respective attorneys, representatives,assigns,heirs and successors-in-interest hereby releases and forever discharges each other 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 Lawsuit. 6. City and Bartlett represent and warrant that each has the legal authority to settle any and all causes of action and claims she may have against the other which relate or pertain to the Lawsuit. By executing this Agreement, both parties hereby release and waive all claims or causes of action which in any way relate to the Lawsuit. 7. City and Bartlett expressly waive the right afforded them 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 his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. 8. Both parties represent and warrant that each has received the advice of their respective Attorneys of Record with respect to the advisability of making the release provided for L',Calem,AgreementsMarflett Settlement.,Npd 3 herein and the meaning of Civil Code section 1542. Both parties are aware that they may hereafter discover claims or facts in addition to or different from those that both parties now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of both parties to fully,finally and forever settle and release all such matters,and all claims related to those matters. 9. City and Bartlett represent 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. City and Bartlett shall defend, indemnify and hold each other 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. 10. The Parties acknowledge that they have read this Agreement;that both parties have had the Agreement explained to her by counsel of her choice; that both parties are aware of the content and legal effect of the Agreement; that both pat-ties are acting on the advice of counsel of their choice; and that both parties 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 Z:� or necessary to carry out the terms of this Agreement. 1:�,ca`lleiii',Agreenien&,Bartlett Settlement.ukpd 4 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. 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 I 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. 1:',ca"leni',A,-reement-s'xBartiett Settlenient.wpd 5 �r Dated: ,� � ::..� ;.,/ i� Cjyc can Joan Bagfett CITY OF R.EDLANDS Date October 15, 2002 Karl N. Havvs, Mayor Attest: Beatrice Sanchez Deputy City Clerk 1:"Ca�lem'j�greements`13artlett Settlement.vvpd 6