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HomeMy WebLinkAboutContracts & Agreements_240-2003_CCv0001.pdf Settlement and Release Agreement - Darrin Brown - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously acknowledged a settlement agreement with Darrin Brown for personal injury and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. The City Council 'authorized settlement of this matter in closed session and this release reflects the terms and conditions for said settlement. PLANNING AND COMMUNITY DEVELOPMENT Residential Development Allocations - Community Development Director Shaw reviewed the following applications for residential development allocations for the fourth quarter of 2003: 1. RDA 2003-TV-01 - A Residential Development Allocation for Tentative Tract No. 16174, an approved residential subdivision consisting of 68 lots on 30 1 acres generally located on the north side of Pioneer Avenue, approximately 440 feet east of Occidental Drive - Centex Homes, Applicant. 2. RDA 2003-IV-2 - A Residential Development Allocation for Tentative Tract No. 16139, an approved residential subdivision consisting of 19 lots on 7.2 acres generally located on the north side of Cypress Avenue, east of Heather Lane and west of Linda Vista Avenue - Joseph F. O'Brien, Meadow Wood Homes Applicant. Wendy Walsh and Kay Wood, neighbors of the Meadow Wood Homes' project thanked Mr. O'Brien for his efforts and working with them. Mr. O'Brien was present to answer questions. Councilmember George moved to approve the allocation of 31 units to RDA 2003-IV-01, Centex Homes and the allocation of 19 units to RDA 2003-IV002, Joseph F. O'Brien, Meadow Wood Homes. Motion seconded by Councilmember Harrison and carried unanimously. Councilmember Gilbreath complimented Mr. O'Brien and the neighbors for working together. COMMUNICATIONS Core Block - Councilmember Harrison introduced Economic Development Director Ralph Megna who presented a proposal for the Core Block which included two potential sites for a hotel and a four-level parking garage to be located between the railroad tracks and Stuart Avenue. The land for the parking garage is owned by George Krikorian and the City, Councilmember George would like to see this project to work in conjunction with the Downtown Redlands Business Association's plan for parking, in the downtown area. Bob Roberts addressed the City Council asking why this could not be a private project and stated he felt parking in downtown was more important. Following discussion, Councilmembers concurred to direct staff to proceed with an RFP' (Request for Proposals') for the concept and schematic phase for both parking structures and authorized staff to continue discussions with Mr. Kn*korian and the Public Utilities Commission. December 16,2003 Page 5 SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement("Agreement")is entered into by and between Darrin Brown("Brown"), and City of Redlands and it Recreation Department("City")who are sometimes referred to herein as the "Parties." RECITALS A. On or about July 1, 2001, Brown was playing softball in a Redlands sponsored coed softball league game. He struck a ball and was running to first base when Brown alleges the base wobbled or came loose, causing him to fall, injuring his left shoulder. Brown subsequently played again and fell a second time while diving for a ball on or about December 9, 2001, resulting in a fall on his left shoulder requiring surgery. Brown alleges that but for the first fall,the resulting surgery would not have been necessary. Brown's fall of July 1, 1002, is the subject of that certain legal action entitled Darren Brown vs. City of Redlands, Redlands Recreation, et. al. San Bernardino Superior Court case no. SCVSS 91761 (collectively "the lawsuit"). 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 Brown may have against the City 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 Brown and shall not be treated as an admission of liability by any Party. AGREEMENT I The Parties acknowledue that the Recitals are true and correct and incorporate the Recitals into this Agreement. 2. The City shall pay to Brown the sum of Twelve Thousand Dollars (S12,000.00) within thirty(30) days from the date the City has executed this Agreement. The payment shall be made by check payable to Brown,and his Attorney of Record, Welebir&McCune. Brown and his Attorney of Record agree that the check shall not be negotiated unless and until the City notifies Brown's Attorney of Record of the City's filing of the Dismissal referenced in paragraph 3, below. 3. Brown, through his Attorney of Record, shall execute a Dismissal With Prejudice pursuant to Code of Civil Procedure section 581 of all lawsuits on file arising out of the incident giving rise to the Lawsuit, and provide the Dismissal to the City within five (5) days of his receipt of the payment described in paragraph 2, above. The City shall file the Dismissal and provide a conformed copy to all Attorneys of Record, I ca lIcin,Agrccncnts`.!i 1 Bromn Sctflerlietjt.,,,p C1 1 4� The Parties shall bear their own attorneys' and costs incurred i 'on with the Lawsuit I in connect] 1 5. Brown, oil behalf of himself and his 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 frorn 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 ally matter arisinc, from, or related to, the incident which was the subject of the Lawsuit. I., 6. Brown represents and warrants that he has the legal authority to settle any and all causes of action and claims he may have against the City which relate or pertain to the Lawsuit, By executing this Agreement, Brown hereby releases and waives all claims or causes of action Much in anyway relate to the Lawsuit. To the extent any person or entity should file, subsequent to the execution of this Agreement, any clairn or cause of action against the City arising out of, or which is related to, the incident which is the subject of the Lawsuit, Brown shall indemnify, defend and hold the City harmless from any and all damages, including any attorneys'fees and costs that result therefrom. Brown expressly waives the rights afforded his 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 - bull must have materially affected his settlement with the debtor. 8. Brown represents and warrants that he has received the advice of his Attornev of Record with respect to the advisability of making the release provided for herein and the meanIFIC, "n of Civil Code section 1542. Brown is aware that he may hereafter discover claims or facts in addition to or different from those he now knows or believes to be true with respect to the matters related herein. Nevertheless, it is the intention of Brown to fully, finally and forever settle and release all such matters, and all claims related to those matters. 9. Brown represents and warrant that fie 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. Brown shall defend, indemnify and hold the City harmless against ally obligation, liability, demand, claim, cost, expense (including, but not firnited to attorneys' fee's 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. 1%ca I emA llrcement,-5 I 11 firo wil Set 1 Brown acknowledges that he has read this Agreement;that lie has had the Agreement explained to his by counsel of his choice. that he is aware of the content and le-al effect of the Agreement; that he is acting on the advice of counsel of his choice: and that he is 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. " 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 1 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 A-reen-ient represents and warrants to the other signatories I zn 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 A-rcernent shall be governed by and construed in accordance with the laws of the State of California. 1?. III 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. Cs1envA,!recnncnt,;t I!111rowil Sett let,jell t,�kp(j 3 (Si-nature Paye) SETTLEMENT AND RELEASE AGREEMENT Darrin Brocvn v. City of Redlands Redlands Recreation PLAINTIFF Dated: �l Darrin Brown WITNESS AND APPROVED AS TO FORM AND CONTENT Dated: /Z11 Corey IV. Esq. r CITE' OF REDLANDS r Dated: Dec. 16 , 2003 Sus Peppler, Mayor Attest: —) Lorri oyzer, City 1 ca lcnr lzrc=e cnts' Settlemcrt Ar,t