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SETTLEMENT AND RELEASE AGREEMENT
This Settlement and Release Agreement ("Agreement") is entered into by and between Jose
Ramirez (Ramirez) and City of Redlands ("Redlands") who are sometimes referred to herein as the
"Parties."
RECITALS
A. Ramirez alleges that on June 1, 2002,a sewage overflow occurred from Redlands'sewers
into the basement of the home located at 902 Tribune Street, Redlands,California,resulting in damages,
sometimes called the ^|noidHnt."
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 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 is a compromise of the claims and liabilities asserted by the Parties and
shall not Uetreated aaanadmission ofliability hyany Party.
AGREEMENT
l. The Parties acknowledge that the RoCit8}a are true and correct and incorporate the
Recitals into this Agreement.
2. Redlands shall pay to Ramirez the sum of Eleven Thousand, Seven Hundred and Forty
Dollars($11,740.00)within fifteen (15)days from the date Redlands has executed this
Agreement. The payment shall be made by two (2) separate checks; the first check
payable to Jose Ramirez in the amount of Seven Hundred and Forty Dollars($740.00),
the second check payable to Jose Ramirez and ACR Services in the amount of Eleven
Thousand Dollars ($11,OOO.0O).
3. The Parties shall beartheir own attorneys'fees and costs incurred in connection with this
n|oirn. If any lawsuit has been filed by Ramirez,said lawsuit shall be concluded byway of
Ramirez filing an immediate dismissal with prejudice as to Redlands with the court
pursuantto Codeof Civil Procedure section 581and provide Redlands with a conformed
copy ofsaid U|an0iasa|,
4. Ramirez, on behalf ofhimself and his respective agents, attorneys, representativos,
assigns and su ccesso rs-i n-i nte rest hereby release and forever discharge Redlands,and
its Councilmembers,agents,attorneys,officers,employees,representatives,assigns and
successors-in-interest from any and all claims, causes of action, actions, damages,
|osses, dernands, 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 tothe incident.
5. Ramirez represents and warrants that he has the legal authority to aet1|n any and all
causes of action and n|ainna he may have against Redlands with regard toany and all
claims and/or causes ofaction that relate orpertain tothe Tort Claim. Byexnoutingthia
Agreement, Ramirez hereby releases and waives all claims or causes of action that in any
way relate or pertain to the Tort Claim. To the extent any person or entity should file,
subsequent to the execution ofthis Agreement, any o|airn or cause of action against
Redlands arising out of or which is related to the incident which is the subject of the Tort
Claim, Ramirez shall indemnify, defend and hold Redlands harmless from any and all
damages, including any attorneys'fees and costs, that result therefrom.
0. Ramirez expressly vv8ivH the rights afforded undo/ Civil Code section 1542 which
provides that:
A general release does not extend to claims which the creditor does not know
orsuspect toexist inhis favor atthe time ofexecuting the release,which if
known by him must have materially affected his settlement with the debtor.
7. Ramirez is aware that he may hereafter discover claims or facts in addition to or different
from those they now know orbelieve tobetrue with naepecttothe matters related herein.
N8vertha|esa, itisthe intention ofRamirez tnfully,finally and forever settle and release
all such matters, and all o|airno related to those matters.
8. Ramirez represents and warrants that hehas not assigned o/tranaferred,orpurported to
assign or transfer,and shall not hereafter assign or transfer,any obligations, liabilities,
demand, claims, costs, expenses, liens, debis, controversies, damages, actions and
causes ofaction released pursuant tOthis Agreement. Ramirez also agrees todefend,
^
indemnify and hold Redlands harmless against any obligation, liability,demand, claim,
cost, expense (including, but not limited to attorneys'fees incurred), debt, controversy,
damage,action or cause of action based on,arising out of or in connection with any such
transfer orassignment orpurported transfer orassignment.
9. Ramirez,acknowledges that he has read this Agreement;that he is aware of the content
and legal effect of the Agreement;that he is not relying on any representations made by
any other party or any of the employees, agenta, representatives, or attorneys of any
other party.
lO. The Parties agree to execute and deliver any other instrument or document convenient or
necessary tocarry out the terms ofthis Agreement.
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,signed by the Parties.
12' Failure of any Party to insist upon strict observance of,or compliance with all of the terms
of this Agreement in one or more instanoeS. Sho|} not be deemed to beawaiver ofa
Party's right to insist upon such observance or compliance with the other terms of this
Agreement.
13. This Agreement shall bind and inure to the benefitof the heirs,executors,administrators,
successors, and assigns ofthe Parties.
14. This Agreement has been jointly negotiated and drafted. The language of this Agreement
shall be construed as a whole according to its fa ir mea ning and not strictly for or aga inst
any ofthe Parties.
15. Each person executing this Agreement represents and warrants to the other signatories
that they have the authority toexecute this Agreement onbehalf ofthe 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 ofCalifornia.
17. Should an action be brought to enforce or interpret the terms of this Agreement, the
prevailing Party shall be entitled to recover reasonable attorneys'fees and costs incurred
in prosecuting the action.
CLAIMA
Dated: lo
Jose Ramirez,
[Notary acknowledgement required.]
CITY OF REDLANDS
Dated: September 17, 2002
Karl N. ("Kasey") Haws, Mayor
Attest:
City Berk
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
CID-[t C} C
County of vim` Q e'er { rJ (C
On va �� � }
- }- before me, tl t Cl-
Date Name and Title of Officer(a,g-,..lane Doe.N tary Public') A'
personally appeared
Name(s)of Signer(s) '
personally known to me-OR- proved to me on the basis of satisfactory evidence to be the person
>' whose name{ islafesubscribed to the within instrument
and acknowledged to me that hek4laey executed the
same in his/49#•4te+authorized capacity{ie&),and that by
his/4eftf tipsignature on the instrument the personK
LINDA EMMERSON
or the entity upon behalf of which the person acted,
comInfasiona executed the instrument.
,K Notay °i -caritonnia
z Son Bar-ndinc,CaintVWITNESS my hand and official seal. '
my Ccffm Bpkw Jul 16,2004
;� Signature of Notary Pubtic ��
OPTIONAL
} Though the information below 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
T Title or Type of Document: SQ 4 -4 ! e 4--
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer{s}
Signer's Name: Signer's Name:
Individual j Individual
Corporate Officer I Corporate Officer
Title(s): I Title(s):
Partner—J Limited General Partner— Limited General
Attorney-in-Fact Attorney-in-Fact
Trustee # Trustee
Guardian or Conservator yr Guardian or Conservator N
Other. 1 Too v ) u, I _ Other: r th imb r.ere
s [ r
h Signer Is Representing: [ Signer Is Representing-
0
e resenting0
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1995 Natinnai.Notan,Association•8236 Renmet Ave..P O7 Box 7784.•Canoga Park,CA 51305-7184 Prod No.5907 Reorder:Call Toll-Free 1-800-876-6827
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 - I I 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.
If fill/l// WITNESS my hand and official seal.
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0 LORRIE POYZER, CITY CLERK
ORA
T St
By:
Beatrice Sanchez, Deputy City Clerk
moi, CALIF& (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
Signer(s) Other Than Named Above: Jose Ramirez