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Home My WebLink AboutContracts & Agreements_162-2012_CCv0001.pdf NT OF SANIS GENERAL RELEASE 1. PARTM-The parties to this Agreement of Settlement and General Release("Agreement") are DANIEL CMUSTENSEN("Plaintiff"),and CITY OF REDLANDS e'Defendant"). 2. RECITALS.This Agreement is made with reference to the following facts: 2.1 Certain disputes and controversies have arisen between the parties hereto. 2.2 Such disputes and controversies include,but are not limited to,the claims,demands and case or causes of actions set forth by the parties hereto in a civil action pending in the Sari Bernardino County Superior Court and entitled Daniel Christensen V.City of Redlands,et al.,Case No.CIVDS 1012314. 2.3 It is the intention of the parties hereto to settle and dispose of,fully and completely,any and all claims,demands and cause or causes of action existing as of the effective date of this agreement and arising out o f connected with,or incidental to the ings between parties hereto to the effective date hereof including,without limitation on the generality of the foregoing,any and all claims,demands and cause or causes of action reflected in the civil referenced in Paragraph 2.2 above. 3. DI L:Concurrently with the execution of this Agreement,Plaintiff shall dismiss,with prejudice,the civil action referenced in Paragraph 2.2 above,in exchange for the promises, covenants and conditions set forth in Paragraph Four. 4. PA MEW.Plaintiff `ss this civil action with prejudice,each side to bear their own attorney fees and costs. Defendant agrees to waive recovery of the S465 in sanctions recently awarded. Plaintiff shall hold Defendant harmlessfrom and shall defend and indemnify Defendant from all clitims,if any be made,by medical care providers providing services arising out of the accident n herein. 5. GENERAL RELEASE;.In consideration of the mutual general releases contained herein,and fon~other good and valuable consideration,the receipt of which is acknowledged by each party hereto,Plaintiff promises,a rally releases as follows: Page 1 of 4 5.1 Except as to such rights or claims as may be created by this Agreement,Plaintiff hereto haeby mkases,rermses and forever discharges Defendant from any and all claims, demands and cause or causes of action existing as of the effective date and arising out o& connected with or incidental to the dealings between the parties hereto prior to the effective date hereof including,without limitation on the generality of the foregoing,any and all claims, demands and cause or causes of action reflected in the civil action referenced in Paragraph 2.2 above. 5.2 Plaintiff specifically waives the benefit of provisions of Section 1542 of the lull Cale of the State of California,as follows: A general mlease 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 moist have materially affected his settlement with the debtor. 6. REPRESENTAT1ONSAND WARRANTIES'Plaintiff represents and warrants to,and agrees with, each party hereto,as follows: 6.1 Plaintiff has received independent legal advice from its attorneys with respect to the advisability of malting the settlement provided for herein,with respect to the advisability of executing this Agreement,and with respect to the meaning of California Civil Code Section 1542. 6.21%party(nor any officer,agent,employee,representative,or attorney of or for any party),has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entamg into this Agreement, and each party does not rely upon any statement,representation,omission or promise of any other party(or of any officer,agent,employee,representative,or attorney of or for any ),in executing this Agreement,or in making the settlement provided for herein,except as expressly stated in this Agmment. 6.3 Plaintiff made such investigation of the facts pe 'ring to this settlerrient and this Agreement,and all the matters pertaining thereto,as it deems necessary. 6.4 Plaintiff has react this Agreement and understands the contents hereof 6.5 In entering into this Agreement and the settlement provided for 'n,Plaintiff assumes the risk of any misrepresentation,concealment or mistake. If Plaintiff should subsequently discover that any fact relied upon by him in entering into this Agreement was untrue,or that any fict was concealed from ,or that his understanding of the facts or of the law was incorrect,he shall not be entitled to any relief in connection therewith including,without Page 2 of 4 limitation on the generality of the foregoing,any alleged right or claim to set aside or rescind this AgreemeaL This Agreement is intended to be and is final and binding between the Mies hereto,regardless of any claims of misrepresentation,promise made without the intention to perform,concealment of fact,mistake of fact or law,or of any other circumstance whatsoever. 6.6 Plaintiff has not heretofore assigned,transfand,or granted,or purported to assign, transfer,or gmnt,any of the claims,demands,and cause or causes of action disposed of by this Agreement. 6.7 Each term of this Agreement is contractual and not merely a recital. 6.8 Plaintiff is aware that he may hereafter discover claims or facts in addition to or different from Hoose he now knows or believes to be true with respect to the matt=related herein. Nevertheless,it is the intention of the parties to fully,finally end forever to settle and release all such matters,and all claims relative thereto,which do now exist,may exist,or heretofore have existed between them. In fintherance of such intention,the releases given herein shall be and remain in effect as fill and complete mutual rebs of all such matters, notwithstanding the discovery of existence of any additional or different claims of ids relative thereto. 6.9 The parties will execute all such firrther and additional documents an shall be reasonable,convenient,necessary or desirable to carry out the provisions of this Agreement. 7. SEMEiblENT:This Agreement effects the settlement of claims which are denied and contested,and nothing contained herein shall be construed as an admission by any party hereto of any liability of any kind to any other party. Each of the parties hereto denies any liability in connection with any claim and intends hereby solely to avoid litigation and buy its peace, 8. MISCELLANEOUS- 8.1 This Agreement shall be deemed to have been executed and delivered vvithin the State of California and the rights and obligations of the parties hereto shall be construed and enforced in accordance with,and governed by,the laws of the State of California. 8.2 This Agreement is the entire Agreement between the parties with respect to the subject matter bereof and supersedesall prior and contemporaneous oral and written agreements and discussions. This Agreement may be amended only by an agreement in write signed by the parties them. 8.3 This Agreement is binding upon and shall inure to the benefit ofthe parties hereto, their respective agents,employees,representatives,officers,directors,divisions,subsidiaries, Page 3 of 4 affiliates,assigns,heirs,successors in interest and shareholders. g.4 Each party has cooperated in the draffing and pr'epar'ation of this Agreement Hence, in any construction to be made of this Agreement,the same shall not be construed against any party. 86 In the event of litigation relating to this Agreement,the prevailing party ill be entitled to attorney's fees and costs. 8.6 This Agreement may be executed in counterparts,and when each patty has signed and delivered at lease one such counterpart,each counterpart shall be deemed an original,and,when taken together with other signed counterparts,shall constitute one Agreement,which shall be binding upon and effixtive as to all parties. 8.7 This Agreement,consisting of four pages,is made afd'entered into on and as of July 27,2012,in Riverside,California,and is effective as of this date. -144 DANIEL HRISTENSEN APPROVED AS TO FtJ AND CONTENT: MIC ELLE D.S KL Attorney for�PlDANIELC KIN R DI SMGGS BRUCE E.DISEI HOUSE Attorney for Defe CITY OF REDLANDS iU Page 4 of 4 Received and accepted by the City Council of the City of Redlands. !Plk-s- Pete Aguilar,Mayer , LTTE T: Sam irwt i Clerk