HomeMy WebLinkAboutContracts & Agreements_22-2015_CCv0001.pdf CIVIL COMPROMISE AGREEMENT OF SETTLEMENT
1. PARTIES: The parties to this Civil Compromise and Agreement of Settlement("Agreement")
are the City of Redlands and Edward Awad ("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 pending action of
People'v. Awad, a criminal action pending in the San Bernardino County Superior Court
Case No. MSB807601.
2.3 It is the intention of the parties hereto to settle and dispose of, fully and completely,
any and all claims and demands existing as of the effective date of this agreement and
arising out of,connected with,or incidental to the dealings between parties hereto to the
effective date hereof including,without Iimitation on the generality of the foregoing,any
and all misdemeanor charges reflected in the criminal action referenced in Paragraph 2.2
above.
3. FURTHER PROCEEDINGS: Concurrently with the execution of this Agreement, the subject
criminal matter shall be dismissed. The parties have agreed to a civil compromise and release as
set forth below in Section 4. The parties will forthwith execute a stipulation for entry of
judgment, and this Court will retain jurisdiction to enforce this civil compromise and agreement
of settlement and to enter judgment based on the terms of the stipulation for entry of judgment,
Y pursuant to CCP Section 664.6,which stipulation shall not be filed pending full and timely
completion of the payment schedule referenced below. In the event that Defendant Awad fails to
make any scheduled monthly payment on or before the fifth day after its due date, this Civil
Compromise and Agreement shall be deemed voided, and the City of Redlands shall be
permitted, ex parte,to file the stipulation for entry of judgment, obtain a money judgment against
Defendant and forthwith begin execution thereon.
4. PAYMENT: Defendant Awad shall pay to the City of Redlands the sum of$15,000,payable in
36 equal monthly installments of$416.66,with the first payment due on or before January 15,
2015 and each payment thereafter due on the fifth of each month,beginning on
February 1, 2015 and continuing monthly thereafter until January 5,2018. Payments shall be
made payable to the City of Redlands and sent to Ms. Tina Kundig,City of Redlands Finance
Director,Post Office Box 3005, Redlands, California, 92373.
5. GENERAL RELEASE: In consideration of the mutual general releases contained herein, and
for other good and valuable consideration, the receipt of which is acknowledged by each party
hereto,the parties promise,agree and generally release as follows:
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5.1 Except as to such rights or claims as may be created by this Agreement, each party
hereto hereby releases,remises and forever discharges each other party hereto from any
and all claim or demands existing as of the effective date and arising out of, 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
or demands reflected in the criminal action referenced in Paragraph 2.2 above.
5.2 Each party to this Agreement specifically waives the benefit of provisions of Section
1542 of the Civil Code of the State of California, as follows:
A general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release,which if
known by him or her must have materially affected his or her settlement with the
debtor.
6. REPRESENTATIONS AND YVARRANTIES: Each of the parties to this Agreement represents
and warrants to, and agrees with, each party hereto, as follows:
6.1 Each party has received independent legal advice from its attorneys with respect to the
advisability of making 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.
6.2 No party(nor any officer,agent, employee,representative, or attorney of or for any
parry), has made any statement or representation or failed to make any statement or
representation to any other party regarding any fact relied upon in entering 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 party), in executing this Agreement,or in making the settlement provided for
herein, except as expressly stated in this Agreement.
6.3 Each party to this Agreement has made such investigation of the facts pertaining to
this settlement and this Agreement,and all the matters pertaining thereto,as it deems
necessary.
6.4 Each party or responsible officer thereof has read this Agreement and understands the
contents hereof. Each of the officers executing this Agreement is empowered to do so
and thereby binds such party.
6.5 In entering into this Agreement and the settlement provided for herein, each party
assumes the risk of any misrepresentation, concealment or mistake. If any party should
subsequently discover that any fact relied upon by it in entering into this Agreement was
untrue, or that any fact was concealed from it,or that its understanding of the facts or of
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the law was incorrect, such party shall not be entitled to any relief in connection therewith
including, without limitation on the generality of the foregoing, any alleged right or claim
to set aside or rescind this Agreement. This Agreement is intended to be and is final and
binding between the parties hereto, regardless of any claims of misrepresentation,
promise made without the intention to perfonn, concealment of fact,mistake of fact or
law, or of any other circumstance whatsoever.
6.6 Each party has not heretofore assigned,transferred, or granted, or purported to assign,
transfer, or grant, any of the claims or demands, disposed of by this Agreement.
6.7 Each term of this Agreement is contractual and not merely a recital.
6.8 Each party is aware that it may hereafter discover claims or facts in addition to or
different from those it now knows or believes to be true with respect to the matters related
herein. Nevertheless, it is the intention of the parties to fully,finally and 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 furtherance of such intention,the
releases given herein shall be and remain in effect as full and complete mutual releases of
all such matters, notwithstanding the discovery of existence of any additional or different
claims of facts relative thereto.
6.9 The parties will execute all such further and additional documents as shall be
reasonable,convenient,necessary or desirable to carry out the provisions of this
Agreement.
7. SETTLEMENT: 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 or guilt of any kind to any other party. Each of the parties hereto denies any
liability or guilt 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 within 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 hereof and supersedes all prior and contemporaneous oral and written
agreements and discussions. This Agreement may be amended only by an agreement in
writing, signed by the parties thereto.
8.3 This Agreement is binding upon and shall inure to the benefit of the parties hereto,
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their respective agents, employees, representatives, officers, directors, divisions,
subsidiaries, affiliates, assigns, heirs, successors in interest and shareholders.
8.4 Each party has cooperated in the drafting and preparation of this Agreement. Hence,
in any construction to be made of this Agreement, the same shall not be construed against
any party.
8.5 In the event of litigation relating to this Agreement, the prevailing party shall be
entitled to attorney's fees and costs, including fees for the use of in-house counsel by the
party.
8.6 This Agreement, consisting of four pages, is made and entered into on and as of
17 , 2015, in Redlands, California, and is effective as of this date.
EDWARD AWAD
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CITY OF REDLANDS
By: Paul Foster, Mayor
ATTEST
SAM IRWIN, City C!
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