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HomeMy WebLinkAboutContracts & Agreements_163-2002_CCv0001.pdf Sep-c9-02 10:16am From-Mccre,Wititer,Skabba cleiriaii,aP 909889i250 7-317 P 002/005 F-US SF -MENT TTL.�:mENT AND RELEASE AGREE This settlement and Release Agreement ("Agreement") is entered into by and between Jewell Gore ("Gore") and City of Redlands and Ot-,cer Richard J- Barnes ("Redlands") who are ::; sometimes referred to herein a,, the"Parties." ies." RECITAL-S, A. Core alleges that on or about November 10, 2001, the vehicle she was a passenger, a 1995 Toyota Ca-nry License No, 3PSM864 was struck from behind by a 2000 Ford Crown Victoria, License No. 1079398, a police vehicie operated by police Officer Richard J. Barnes on north bound Eur-,aka Street approximately 144 feet south of its intersection with Colton Avenue in the City of Redlands causing damages to he,vehicle and to herself. B- It is the intention of the Parties to resolve and settle 'their dispute and to discharge all claims, demands, causes ot, action, obligations, damages and liabilities each Party may have against the other that arises from, or are related to, the incident which is the subject of the Tort Claim. C. This Agreement 's a compromise of the claims and liabilities asserted by the Parties and shall not be treater; 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. Redlands shall ipay.,to Gore the sum of Nine Thousand Two Hundred Dollars ($9,200) within :fifteen (15) days from the date Redlands has executed this Agreement, The payment shall be made by check payable to Jewell Gore and her attorneys of record Moore, Winter, Skebba & McLennan, LLP. 3. The Parties shat'; bear 'their own attorneys' fees and costs incurred in connection with this claim. If any lawsuit has been filed by Gore, said lawsuit shall be concluded by %,ay of Gore filing an immediate dismissal with prejudice of this aCtion as to City and Officer Barnes with the court pursuant to Code of Civil Procedure section 581 and provide City with a conformed copy of said dismissal, d 10:17am From-MooreAwter,Skebba & McLeniiati,LLP 809889?M 7-317 P.003/005 F-058 4. Gore, on behalf of herself and her respective agents, attorneys, representatives, assigns and successors-in-interest hereby releases and forever dischar��e Redlands, and it,3 Councilmembers, agents, attorneys, officers, employees, including officer Farnes, representatives, assigns and successors-in-interest from any and all clairns, causes of action, actions, damages, losses, demands, accounts, liens, Nights, 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 ini:ident. 5. Gore-represents and warrants that -Sha has the !ey, authoriIt-y-to settle any and all causes of action and claims she may have against Redlands with regard to any and all claims andlor causes of action that relate or pertain to the Tort Claim. By executing this Agreement, Gore hereby releases and waives all claims or causes of action that in F.ny way relate or pertain to the Tort Claim. To the extent any person or entity should file, subsequent to the execution of this Agreement, any claim or cause of action against Redlands arising out of or which is related to the incident which is the subject of the Tort Claim, Gore shall indemnify, defend and hold Redlands K:jrmless from any and all damages, including any attorneys' fees and costs, that ra!30 therefrom- 6- Gore expressly %vaive the rights afforded under Civil Code section 1542 which provides that: A general release does not extend to claims which the creditor does not know c,- suspect to exist ir, her favor at the time &-executing the release, which if known by her must have materially affected her settlement,.with the debtor, 7- Gore represents and warrants that she has received the advice of her attorney of record with respect to the advisability of making the settlement and release provided for herein and the meaning of Civil Code section 1542. Gore is aware that she may hereafter discover claims or facts in addition to or different from, those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of Gore to fully, finally and forever settle and 10:11am Frcm—MoorvXtiter,Skebba & McLeni,,ar.LLP 909889'29.0 T-317 P OOVIN5 F-698 release all such matters, and all claims related to those matters. a. Gore represents ;and ,warrants that she, has not assigned or transferred, or purported to assign or transfer, and shall riot hereafter assign or transfer, any obligations, liabilffles, demand, claims, costs, expenses, liens, debts, controversies, dan-jages, actions and causes of action released pursuant to this Agreement. Gore also agrees to defend, indemnify and hold Redlands 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. 9. Gore, acknowledges that she has read this Agreement-, that she has had the Agreement explained to her by counsel of her choice: that she is acting on the advice of counsel itif her choice; that she is aware of the content and legal effect of the Agreement; that she is acting on the advice of counsel of her choice; that she is not relying on any representations made by any other party or any of the employees, aqen-ts�, representatives, or attorneys of any other party. i 10, The Parties agree to execute and deliver any other instrument or document convenient or necessary to carry out the terms of this Agreement. 11, This Agreement r;onstitutes the entire agreement between the Parties as to the matters contained herein. No modification of this Agreement shall be valid unless made in writing, >igned 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. Failure of any Party to insist upon strict observance of, or compliance with ail of the terms of this Agreement in one or more instances, shall not be deemed '40 be a waiver of a Party's right to insist upon such observance or compliance with the other terms of thi:--, Agreement_ 13. This Agreement shall bind and inure to the benefit of the heirs, executors, administrators, skj;censors, and assigns of the Parties. 3 sep-09-02 0 132m From-Moore,Winter,$kebba & McLeMlailJLLP 9098891250 T-317 P105/005 F-Ug 14. This Agreement h.,.71s 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 again it any of the Parties. 15. Each party eXeCLiting this Agreement represents and warrants to the other signatories that they have the authority to execute this Agreement on behalf of the person or entity for whom they are signing this Agreement.. 16, This Agreement shall be governed by and construed in accordance with the laws of the State,of Cklfomia. .17. Should an action be brought to e,-,for,:;e or interpret the terms of this-Agreement, the prevailing Pai,'y shall be entitled to recover reasonable attorneys' fees and costs incurred in prosecuting the action, CLAIMANT Dated,. __44. ,dew ll Gore [Notary Acknowledgment Required] 'V CITY OF REDLANDS Dated: __.Sept. 17, 2002 Karl N. {}Casey} Fiaws, Mayor Attest: 7D A U-DI! -C,10 M,M.#1219712 7�;_v �X��r N Q'IM,V r-,b ic-caiifomia irz -0 M 1 It Y S All,11IG 1 GV N L F ICU T _ U I I y C M �frrt Exr, ay!6 0 U ra Eb Ma 20 3 Z-) 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CAL ORNL-k ISS COUNTY OF c� vi, (-C<' 11 On .( before me, v xla �1 personally appeared roved to me on the bast of satisfactory evidence)to be the persopEsT'whose nam bscribed to the within instrument and acknowledge to me that th 7,ecuted the ame in his beirauthorized capacity(ies�and that by hrs�a�Ytkre4t-signature(s) n the instrument thLNESS o e entity upon half of which the per n(sracted,executed the instry e t Wy h and official at. '_ AMANDA4"0*0614 121971 N /// i` COtvf4 ,#1219. ;' ? r Notary Pubic-California t!f Si �-- LOs ANGELES COUNTY %o iy Gott.Exp.May 16,2003 4,40ANDA KNUDSON P lob` COMM.#1219712 Notary Public-California Co This area for official notarial seal. tsi ' LOS ANGELES COUNTY .+ OPTIONAL 77rnu h Phr iir orriuninrt 6r1 v is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document: �CU Document Date: "i —C1 — Number of Pages: } 0 Signer(s) other than named above CAPACITY(IES) CLAIMED BY SIGNER(S) [ ] INDIVIDUAL [ ] INDIVIDUAL Right Thumbprint Right Thumbprint [ ] CORPORATE OFFICERS) of Signer [ ] CORPORATE OFFICERS) of Signer TITLE(S) op of thumbsere TITLE(S) Top of thumb ere [ ] PARTNER(S)- [ ] LIMITED [ ] PARNER(S)-[ ] LIMITED [ ] GENERAL [ ] GENERAL [ ] ATTORNEY-IN-FACT [ ] ATTORNEYAN-FACT [ ] TRUSTEE(S) [ ] TRUSTEE(S) [ ] GUARDIAN OR CONSERVATOR [ ] GUARDIAN OR CONSERVATOR [ ] OTHER [ ] OTHER SIGNER IS REPRESENTING: ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS CITY OF REDLANDS By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on September 17, 2002, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk f the City of Redlands, California, personally appeared Karl N. Haws and Lorrie Poyzer I Xj personally known to me - or - { } proved to me on the basis of satisfactory evidence to be the persons whose names) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. 0%J1111111111/1Z WITNESS my hand and official seal. �\\\' O�- ORATS LORRIE POYZER, CITY CLERK By: Beatrice Sanchez, Deputy City Clerk %//C*,4 L I F P (909)798-7531 CAPACITY CLAIMED BY SIGNER(S) Individual(s) signing for oneself/themselves Corporate Officer(s) Title(s) Company Partner(s) Partnership Attorney-In-Fact Principal(s) Trustee(s) Trust x Other Title(s): Mayor and City Clerk Entity Represented: City of Redlands, a municipal corporation THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Settlement and Release Agreement Date of Document: September 17, 2002 Signer(s) Other Than Named Above: Jewell Gore