HomeMy WebLinkAboutContracts & Agreements_42-1992_CCv0001.pdf SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (the "Agreement") is entered
into this 31st day of July, 1992 by and between CONSTANCE KOCH
("Koch") and THE CITY OF REDLANDS, a California general law city
("City") . Koch and the City shall be referred to collectively as
the "Parties. "
RECITALS
A. On or about September 14, 1990, Koch commenced a
lawsuit against the City, entitled Constance Koch v. The City of
Redlands et at. , San Bernardino County Superior Court Case No.
257203 (the "Lawsuit") . The Lawsuit challenged the City's denial
of her application for a minor subdivision (the "Application") .
By her Application, Koch sought to subdivide property on which
her home is located into two lots.
B. The first cause of action of the Complaint was a
petition for writ of -mandate. The second cause of action of the
Complaint sought damages under the federal Civil Rights Act, 42
U. S. C. section 1983 , based on alleged violations of her substan-
tive and procedural due process rights and of her right to equal
protection. Koch dismissed the petition for writ of mandate
cause of action in or about May, 1992 .
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C. On May 20, 1992 , a jury trial in the Lawsuit
began. On June 10, 1992 , the jury rendered a unanimous verdict
in favor of the City.
D. The federal Civil Rights Act provides that the
prevailing party may recover its attorneys ' fees. Consequently,
on June 24 , 1992 , the City filed a Notice of Motion and Motion of
Defendant City of Redlands for an Award of Attorneys ' Fees.
E. The Parties desire to resolve and settle, once and
for all times, all present and past controversies, claims, causes
of action or purported causes of action, differences or disputes,
both real and potential, arising between the Parties as a result
of the dispute surrounding Koch 's lawsuit.
AGREEMENT
1. The Parties incorporate the terms and provisions
of the Recitals as if set forth herein.
2 . The City agrees to withdraw its Notice of Motion
and Motion of Defendant City of Redlands for an Award of
Attorneys ' Fees, and shall never seek to enforce its rights to
recover attorneys ' fees and costs from Koch or her officers,
agents, employees, attorneys, heirs, representatives, executors
and assigns, as a result of the Lawsuit.
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3. Koch agrees that she may never appeal the Judgment
entered in the Lawsuit, and further agrees not to pursue any
other claim or action arising out of or related to the Lawsuit,
including the prosecution or defense, against the City's elected
officials, appointed officials, officers, agents, employees,
attorneys, heirs, representatives, executors and assigns.
4 . The Parties to this Agreement hereby represent and
warrant that they have sought the advice and counsel of their
attorneys, and they are relying solely on such advice.
5. This Agreement cannot be modified except by
written document signed by all of the Parties.
6. Each person executing this Agreement does hereby
personally represent and warrant to the other signatories that he
has the authority necessary to execute this Agreement, and that
no other consents or approvals of anyone are required or
necessary for this Agreement to be binding.
7. This Agreement shall in all respects be inter-
preted, enforced and governed by and under the laws of the State
of California. Any legal action to enforce or interpret any term
or condition of this Agreement shall be brought in the Superior
or Municipal court of the County of San Bernardino.
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8. Should any party hereto reasonably retain counsel
for the purpose of enforcing or preventing the breach of any pro-
vision hereof, including but not limited to instituting or
defending any action or proceeding to enforce any provision
hereof, the prevailing party shall be entitled to be reimbursed
by the losing party for all costs and expenses incurred thereby,
including, but not limited, to reasonable attorneys, fees.
9. The Parties hereto agree to execute such other
documents and take such other action as may be reasonably
necessary to finalize and perform this Agreement.
10. All notices or demands required, permitted or
convenient in connection with this Agreement shall be in writing,
mailed by first-class mail, postage and fees prepaid, or hand
delivered and addressed to the other Parties and to their respec-
tive counsel as follows:
If to Koch and (A) Constance Koch
her counsel: 101 West Mariposa Avenue
Redlands, California
(B) Allen Herson, Esq.
27403 Ynez Road
Suite 218
P.O. Box 890091
Temecula, CA 92589
If to the City (A) City of Redlands
and its counsel: Attn: City Clerk
30 Cajon Street
Redlands, CA 92373
(B) Best, Best & Krieger
Howard B. Golds
P.O. Box 1028
Riverside, CA 92502
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11. This Agreement shall be binding upon and inure for
the benefit of the Parties and their respective successors,
devisees, affiliates, representatives, assigns, elected and
appointed officials, agents and employees wherever the context
requires or admits.
22. The Parties may execute duplicate originals of
this Agreement.
DATED. July' 1992 .
CONSTANCE KOCH
DATED: fit+}-YL-_T-lgga,. CITY OF REDLANDS
August 18 , 1992
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ATTEST:
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APPROVED AS TO FORM AND CONTENT:
Alan Henson
Attorney for Constance Koch
BEST, BEST & KRIEGER
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Attorneys for the
City of Redlands
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