HomeMy WebLinkAboutContracts & Agreements_54-2005_CCv0001.pdf SETTLEMENT AND RELEASE AGREEMENT
This Settlement and Release Agreement ("Agreement") is entered into by and between
Harry R. Rader ("Rader"), and City of Redlands, the City of Redlands Police Department and
Police Officers Greg Holmer and Carlito Ventura ("City") who are sometimes referred to herein
as the "Parties."
RECITALS
A. On or about May 21, 2004 approximately 2:00 p.m., Harry R. Rader was standing on
the sidewalk by Redlands High School to hand out anti-abortion material. Officers Holmer and
Ventura advised Rader that he was not allowed to communicate with any students before 2:30
p.m. Moments later Rader attempted to ascertain whether and when he could communicate with
the students, but the officers failed to respond. He saw his companions Nathanial Enyart and
Keith Mason be arrested by the Police officers. Rader thereafter filed a Government Tort Claim
with City dated November 10, 2004.
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 Rader may have against
the City that arise from, or are related to, the incident which is the subject of the Claim.
C. This Agreement is a compromise of the claims asserted by Rader and shall not be
treated as an admission of liability by any Party.
AGREEMENT
1. The Parties acknowledge that the Recitals are true and correct and incorporate the
Recitals into this Agreement.
2. The City shall pay to Rader the sum of Two Thousand Five Hundred ($2,500.00)
Dollars within thirty (30) days from the date the City has executed this Agreement. The payment
shall be made by check payable to Rader, and his Attorney of Record, Catherine W. Short.
3. The Parties shall bear their own attorneys' fees and costs incurred in connection
with the Claim.
4. Rader, on 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 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 Claim. If any lawsuit has
been filed by Rader or his agents and/or assigns arising out of this claim as to City, said lawsuit
Unn lejn\agreel etdemc nt a mart
shall be immediately dismissed with prejudice and said dismissal shall be served on City before
any Settlement check is issued to Rader.
5, Rader 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 Claim. By
executing this Agreement, Rader hereby releases and waives all claims or causes of action which
in any way relate to the Claim. To the extent any person or entity should file, subsequent to the
execution of this Agreement, any claim or cause of action against the City arising out of, or which
is related to, the incident which is the subject of the Claim, Rader shall indemnify, defend and
hold the City harmless from any and all damages, including any attorneys' fees and costs that
result therefrom.
6. Rader expressly waives the rights afforded him 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.
7. Rader represents and warrants that he has received the advice of his Attorney of
Record with respect to the advisability of making the release provided for herein and the meaning,-,
of Civil Code section 1542. Rader 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 Rader to fully, finally and forever settle and
release all such matters, and all claims related to those matters.
8. Rader represents and warrants that he 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. Rader shall defend, indemnify and hold the City 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 I of
or in connection with any such transfer or assignment or purported transfer or assignment.
9. Rader acknowledges that he has read this Agreement; that he has had the
Agreement explained to him by counsel of his choice; that he is aware of the content and legal
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 rnade by any other party or any of the employees, agents,
representatives, or attorneys of any other party.
10. The Parties agree to execute and deliver any other instrument or document
convenient or necessary to carry out the terms of this Agreement.
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11. 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.
12. This Agreement shall bind and inure to the benefit of the heirs, executors,
administrators, successors, and assigns of the Parties.
13. This Agreement has been jointly negotiated and drafted. The language of this
Agreement shall be construed as a whole according to its fair meaning and not strictly for or
against any of the Parties.
14. 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.
15. This Agreement shall be governed by and construed in accordance with the laws
of the State of California.
16. 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.
(Signature Page)
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SETTLEMENT AND RELEASE AGREEMENT Ventura
- -- �
Harry R. Rade v,Elty of Redlands Officer�Gre Kolmer and Officer�Carlito
PLAINTIFF
Dated: 0 Harry R. Rader
-JUDITH LSMITH
Notary Public-Notery seal
State of Missouri STATE OF MISSOURI
County of Clay day county
Subscribed and s-.a?rn before me this 17th day of March, 2005. my commission Expi ,s:.W-;-h 1,20081
WITNESS AND APPROVED
7 di-46h— Smith, n ary public
AS TO FORM AND CONTENT
My Comm expires: 3/1/2008
jf,
Dated: Catherine W. Short, Esq.
CITY OF REDLANDS
Dated: Susan Peppler, Mayor
Attest:
Lorrie Poyzer, City Clerk
LenAlemNagree\settlernent enyart
(Signature Page)
SETTLEMENT AND RELEASE AGREEMENT
Harte R. Rader v. City of Redlands Officer Greg Holmer and Officer Carlito Ventura
PLAINTIFF
Dated;
Harry R. Rader
State of Missouri J D LSIMIT
County of Clay
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A° MSO ry �a�
Subscribed and sw- rn. before me this 17th da of March 2005. ExpirCjW Clay e:
nty
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J ditch � Sm�.tah, n ary' pubic
WITNESS AND APPROVED
My Comm expires: 3/1/2008
A TO FORM AND CONTENT
Dated;
Catherine W. Short, Esq.
CITY OF REDLANDS
Dated.
Susan Peppler, Mayor
Attest.
Lorrie Poyzer, City Clerk
Lern'd ;aggre6settlement envart
Signature Page
SETTLEMENT AND RELEASE AGREEMENT
Hgrffy R Rader v City of Redlands Officer Greg,Holmer and Officer Carlito Ventura
Date: April 5, 2005 CITY OF REDLANDS
Gilberto Gil, Mayo ro Tern
Date: April 5, 2005 Attest:
Lo e Poyzer, t k
SETTLEMENT AND RELEASE AGREEMENT
This Settlement and Release Agreement("Agreement")is entered into by and between Keith
Mason("Mason"), and City of Redlands,the City of Redlands Police Department and Police Officers
Greg Holmer and Carlito Ventura ("City") who are sometimes referred to herein as the "Parties."
RECITALS
A. On or about May 21, 2004 approximately 2:00 p.m., Keith Mason was standing on the
sidewalk by Redlands High School to hand out anti-abortion material. Officers Holmer and Ventura
advised Mason that he was not allowed to communicate with any students before 2:30 p.m.
Moments later Mason handed literature to a couple of passing students and Officer Ventura arrested
him for violating Penal Code section 626.8(a).Mason thereafter filed a Government Tort Claim with
City dated November 10, 2004.
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 Mason may have against the
City that arise from, or are related to, the incident which is the subject of the Claim.
C. This Agreement is a compromise of the claims asserted by Mason and shall not be treated
as an admission of liability by any Party.
AGREEMENT
1. The Parties acknowledge that the Recitals are true and correct and incorporate the
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Recitals into this Agreement.
2. The City shall pay to Mason the sum of Seven Thousand Five Hundred ($7.500.00)
Dollars within thirty (30) days from the date the City has executed this Agreement. The payment
shall be made by check payable to Mason, and his Attorney of Record, Catherine W. Short.
3. The City shall assist Mason by signing off on Mason's Petition to expunge his arrest
record.
4. The Parties shall bear their own attorneys'fees and costs incurred in connection with
the Claim.
5. Mason,on 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 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
Lem\Iem',.agree\seftIement enyart
related to,the incident which was the subject of the Claim. If any lawsuit has been filed by Mason or
his agents and/or assigns arising out of this claim as to City, said lawsuit shall be immediately
dismissed with prejudice and said dismissal shall be served on City before any Settlement check is
issued to Mason.
6. Mason 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 Claim. By
executing this Agreement,Mason hereby releases and waives all claims or causes of action which in
any way relate to the Claim. To the extent any person or entity should file, subsequent to the
execution of this Agreement, any claim or cause of action against the City arising out of,or which is
related to,the incident which is the subject of the Claim,Mason shall indemnify,defend and hold the
City harmless from any and;,lI ,dama esincluding any attorneys'fees and costs that result therefrom.
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7. Mason expressly waives the rights afforded him 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. Mason represents and warrants that he has received the advice of his Attorney of
Record with respect to the advisability of making the release provided for herein and the meaning of
Civil Code section 1542. Mason 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 Mason to fully, finally and forever settle and release all such
matters, and all claims related to those matters.
9. Mason represents and warrants that he 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. Mason shall defend, indemnify and hold the City 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. Mason acknowledges that he has read this Agreement; that he has had the Agreement
explained to him by counsel of his choice; that he is aware of the content and legal 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.
Lem41emlagree\settlement enyart
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.
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
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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.
Lem\1em\agree,seftlement enyart
(Signature Page)
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SETTLEMENT AND RELEASE AGREEMENT
Keith Mason v. City of Redlands, Officer Greg Holmer and Officer Carlito Ventura
PLA TIFF
T,
Dated-v� 1A
C Keith Mason V-
WITNESS AND APPROVED
AS TO FORM AND CONTENT
Dated:
Catherine W. Short, Esq.
CITY OF REDLANDS
Dated:
Susan Peppler, Mayor
State of California Attest:
County of
Subcribed and sworn or affirmed)before me
on this–'2-1-1da of- r ,20L by
La I, 'personally known to me Lorrie Poyzer, City Clerk
or Proved on basis of satisfactory evidence to
be the persor)Owho aPpe d e.
Signature
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Notary Public-CalitoMio
Orango County
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A'J--"URPOSE ACKNOWLEDGEMENT
(signature Page)
SETTLEMENT AND RELEASE AGREEMENT
Keith Mason v. City of Redlands, Officer Greg, Holmer and Officer Carlito Ventura
PLA TIFF
Dated-.V2 'S'
Keith Mason
WITNESS AND APPROVED
AS TO FORM AND CONTENT
Dated:
Catherine W. Short, Esq.
CITY OF REDLANDS
Dated:
Susan Peppler, Mayor
State of CauDmia. Attest:
County of
Subcribed and sworn oraffirn'xid)before me
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Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
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Description of Attached Document
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Signature Pat
SETTLEMENT AND RELEASE AGREEMENT
Keith Mason V. City of Redlands Officer Greg.Holmer and Officer Carlito Ventura
Date: April 5, 2005 CITY 4F REDLANDS
Gilberto Gil, Mayor o Tera
p
Date. April 5,2005 Attest:
Lq ie Poyzer, : y
SETTLEMENT AND RELEASE AGREEMENT
This Settlement and Release Agreement ("Agreement") is entered into by and between
Nathanial Enyart ("Enyart"), and City of Redlands, the City of Redlands Police Department and
Police Officers Greg Holmer and Carlito Ventura ("City") who are sometimes referred to herein
as the "Parties."
RECITALS
A. On or about May 21, 2004 approximately 2:00 p.m., Nathanial Enyart was standing
on the sidewalk by Redlands High School to hand out anti-abortion material. Officer Holmer
advised Enyart that they were not allowed to communicate with any students before 2:30 p.m.
Moments later Enyart handed literature to a passing student and Officer Holmer arrested him for
violating Penal Code section 626.8(a). Enyart thereafter filed a Government Tort Claim with
City dated November 10, 2004.
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 Enyart may have against
the City that arise from, or are related to, the incident which is the subject of the Claim.
C. This Agreement is a compromise of the claims asserted by Enyart and shall not be
treated as an admission of liability by any Party.
AGREEMENT
1. The Parties acknowledge that the Recitals are true and correct and incorporate the
Recitals into this Agreement.
2. The City shall pay to Enyart the sum of Seven Thousand Five Hundred
($7,500.00) Dollars within thirty (iO) days from the date the City has executed this Agreement.
The payment shall be made by check payable to Enyart, and his Attorney of Record, Catherine
W. Short.
3. The City shall assist Enyart by signing off on Envart's Petition to expunge his
arrest record.
4. The Parties shall bear their own attorneys' fees and costs incurred in connection
with the Claim.
5. Enyart, on 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 from any and all
claims, causes of action, actions, damages, losses, dernands, accounts, rights, liens, debts,
Lei Derr}a_rcesetticrntnt envati
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 Claim. If any lawsuit has
been filed by Enyart or his agents and/or assigns arising out of this claim as to City, said lawsuit
shall be immediately dismissed with prejudice and said dismissal shall be served on City before
any Settlement check is issued to Enyart.
6. Enyart 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 Claim. By
executing this Agreement, Enyart hereby releases and waives all claims or causes of action which
in any way relate to the Claim. To the extent any person or entity should file, subsequent to the
execution of this Agreement, any claim or cause of action against the City arising out of, or which
is related to, the incident which is the subject of the Claim, Enyart shall indemnify, defend and
hold the City harmless from any and all damages, including any attorneys' fees and costs that
result therefrom.
7. Enyart expressly waives the rights afforded him 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. Enyart represents and warrants that he has received the advice of his Attorney of
Record with respect to the advisability of making the release provided for herein and the meaning
I
of Civil Code section 1542. Enyart 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 Enyart to fully, finally and forever settle and
release all such matters, and all claims related to those matters.
9. Enyart represents and warrants that he 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. Enyart shall defend, indemnify and hold the City 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. Enyart acknowledges that he has read this Agreement: that he has had the
Agreement explained to him by counsel of his choice; that he is aware of the content and legal
4--
effect of the Agreement'. that he is acting on the advice of counsel of his choice; and that he is not
en art
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.
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
Agreement shall be construed as a whole according to its fair meaning and not strictly for or
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against any of the Parties.
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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
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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.
Lem\lem\agrecisetflemcnt envarl
(Signature Page)
SETTLEMENT AND RELEASE AGREEMENT
Nathanial En art v. City of Redlands Officer Greg Holmer and Officer Carlito Ventura
PLAINTIFF
Dated:
Nathaniel Enyart c
WITNESS AND APPROVED
AS TO FORM AND CONTENT
Dated,
Catherine W. Short,Esq.
CITY OF REDLANDS
Dated.
Attest:
Lorrie Poyzer, City Clerk
Lem\1er to ree;setdement enyart
(Signature Page)
SETTLEMENT AND RELEASE AGREEMENT
Nathanial Enyarty. City of Redlands Officer Greg Holmer and Officer Carlito Ventura
PLAINTIFF
Dated: �-
Nathanial Enyart •�
WITNESS AND APPROVED
AS TO FORM AND CONTENT
Dated: ` = -
Catherine W. Short, Esq.
CITY OF REDLANDS
Dated:
Attest:
Lorrie Poyzer, City Clerk
L.emllemlagreetsettlement enyart
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of T SS.
On - �-'
before me,
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personally appeared _ t)!N. SAA,: ` F-71RY1-) L
S[C,Nf,.RIS)
❑ personally known to me - OR - �4.proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/rife-subscribed to the within instrument and
acknowledged to me that he/fey executed
the same in his/hc� authorized
capacity(ies), and that by his/her/their
HILDA LOPEZ FIORESsignatures(s) on the instrument the person(s),
COMM.#1498606 "� or the entity upon behalf of which the
NOTWYI �C-CALIFORNIA person(s) acted, executed the instrument.
MYCOMM. 4.20M
ITN S my d and official seal.
NO Y's stc`N a'ru`RE -
OPTIONAL INFORMATION
Thee information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORA"rE OFFICER — 1
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-----._—..------ _-- TITLE OR TYPE OF•'DOCIIMF.,Nfi
TITL.E(,Sl
❑ PARTNER(S)
❑
Al"rC)RNEY-IN-FACT NUMBER OF PAGES
❑ "rRtJSTEE(S}
❑ GUARDIAN/CONSERVATOR
❑ O`FFIER: DATE OF DOCUMENT
OTHER
SIGNER IS REPRESENTING: RIGHT'THUMBPRINT
NAME OF PERSOMS)OR ENTITY(JES)
OF E
SIGNFR
AP,4 5/44 VALLEY-SIERRA. SOC)-3fi?-3364
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r Signature Page
W SETTLEMENT AND RELEASE AGREEMENT
Nathanial En art v. City of Redlands Officer Greg Holmer and Officer Carlito Ventura
Date: April 5, 2005 CITY OF REDLANDS
ilberto Gil, Mayor P Tem
Date: April 5, 2005
Attest:
iL�o 'e�Poyzer, Cit e