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AGREEMENT OF SETTLEMENT AND
GENERAL RELEASE
I. PARTIES: The parties to this Agreement of Settlement and General Release ("Agreement")
are JACQUELINE LYNCH ("Plaintiff'), and the CITY OF REDLANDS and MARK BUDD
("Defendants").
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 action set forth by the parties hereto in a civil action pending in the San
Bernardino County Superior Court and entitled Jac ueline LyL
ich v. City of Redlands Mark
Budd, Case No. CIVDS 1016484.
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 of, connected with, or incidental to the dealings 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 action referenced in
Paragraph 2.2 above.
3. DISMISSAL: 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, conditions and payments set forth in Paragraph Four.
4. PAYMENT: Concurrently with the execution of this Agreement, Defendant City of Redlands
shall pay to Plaintiff the aggregate sum of Seven Thousand and Five Hundred Dollars ($7,500).
Plaintiff shall be responsible for and hold Defendants harmless from any and all claims made by
medical care providers who provided care to Plaintiff as a result of the accident sued upon herein.
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.
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
claims, demands and cause or causes of action existing as of the effective date and arising out of,
Page I
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 and appeals referenced in
Paragraph 2.2 above.
5.2 Each party to this Agreement specifically waives the benefit of provisions of
California Civil Code Section 1542 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 WARRANTIES: Each of the parties to this Agreement
represents and warrants to, and agrees with, each other 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
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 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 represents he or she is
empowered to do so on behalf of a party hereto, and thereby binds such respective 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 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
Page 2
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 Each party has not heretofore assigned, transferred, or granted, or purported to assign,
transfer, or grant, 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 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 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.
6.10 Each party agrees to bear his or her own attorneys' fees and costs.
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 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 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,
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,
.Page 3
{
in any construction to be made of this Agreement, the same shall not be construed against any
ply.
8.5 In the event of litigation relating to this A4-recment, the prevailing party shall be
entitled to attorneys' fees and costs.
8.6 This Agreement may be executed in counterparts, and when each party 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 effective as to all parties.
8.7 This Agreement, consisting of four pages, is made and entered into on and as of
March 10, 2011, and is effective as of this date.
Iacqu l L Bch
n'&�L
Pete Aguilar, Mayor
City of Redlands
4Budd
APPROVED AS TO NORM AND CONTENT:
S y Zeise, Esq.
At orney for Plaintiff lacquel�wLynch
Page 4
LAW OFF#CES OF
KINKLE, RODIGER AND SPRIGGS
GIIiLLERMO W. SC HNAIDER LOS ANGELES COUNTY OFFICE
A.J. PYKA PROFESSIONAL CORPORATION 888 S.-FLUE... STREET
DAVID P. LEHHARDT SUITE 1000
BRUCE E. 019ENHOUSE 3333 FOURTEENTH STREET LOS ANGELES,CALIFORNIA 90017
SCOTT B.SPRIGGS RIVERSIDE,CALIFORNIA 92501 12131 820.1281
DON H.ZELL FAX 12131 829-8382
MICHAEL F. MOON TELEPHONE(951)683-2410
EVELY14 LEVINE SOLIS
M19TY W.TURCO FAX (951) 683-7759 010...E C.U.TY OFFICE
KRISTA E. CIAWKINS P.O. BOE 1559
DANIEL J. KOLCZ KRSRSB@KRSATTYS-RIV.CO'M 837 NORTH ROES STREET
WESLEY D_HELLERUO SANTA ANA,CALIFORNIA 92701
ROBERT ESDTTLE
17141 835-9011
ELIZABETH S.WARREN FAX 1714) 867 78DO
COLIN A. NORTHCUTT
March 30, 2011
IN RERL.T REFER TO
..R FILE
IZIV-29877-2
City of Redlands
35 Cajon Street, Suite 4
Post Office Box 3005 „y �12 34
Redlands, California 92373
Lb
Attention: Mr. Dan McHugh, City Attorney
Your File: Unknown ` ;� City SIV f
Insured: City of Redlands .��,,f
Claimant: Jacqueline Lynch '•
Loss Date. November 13, 2009 ' ]]
Dear Mr. McHugh:
We have received the fully executed Agreement of Settlement and General
Release for this case and attach the original hereto. Please provide our office with the settlement
funds of$7.,500.00. We will forward the settlement funds to plaintiff's attorney. We will
provide you with a copy of the conformed Request for Dismissal upon receipt.
Should you have any questions or wish to discuss this matter further, please do not
hesitate to contact the undersigned. In the interim, we will continue to keep you apprised of all
developments as they occur.
Yours ver y,
KINKLE, R ICER AND S RIGGS
Pro' ssional Corpar an
�3rtice L. L)isenhouse
BED/pab �'
City of Redlands
March 30, 2011
Page 2
cc: Michael A. Stein
Complex Director— Specialty Excess Claims
Chartis
160 Water Street, 191h Floor
New York, NY 10038