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HomeMy WebLinkAboutContracts & Agreements_14-2004_CCv0001.pdf SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement ("Agreement") is entered into by and between Ida Archetko and Ann-Marie Cardenas("Archetko"),and City of Redlands and its Joslyn Senior Center ("City") who are sometimes referred to herein as the "Parties." RECITALS A. On or about September 22, 2002, Ida Archetko, 88 years of age, came into the Joslyn Senior Center, located at 21 Grant St, Redlands, California, to play bingo. Ms. Archetko, who walked with a quad cane,was dropped off at the Center by her daughter,Ann-Marie Cardenas to play bingo. While attempting to sit in a chair in the lobby with casters on it, she alleges that she missed the chair because it rolled out from under her. She fell to the ground suffering injuries. Archetko's fall of September 22,2002, is the subject of that certain legal action entitled Ida Archetko and Ann- Marie Cardenas vs. City of Redlands (Joslyn Senior Center), San Bernardino Superior Court case no. SCVSS 100406 (collectively "the lawsuit"). B. It is the intention of the Parties to resolve and settle their dispute and to discharge all claims, demands, causes of action, obligations, liens, damages and liabilities Archetko may have against the City that arise from, or are related to, the incident which is the subject of the Lawsuit. C. This Agreement is a compromise of the claims asserted by Archetko and shall not be treated as an admission of liability by any Party. AGREEMENT I The Parties acknowledge that the Recitals are, true and correct and incorporate the Recitals into this Agreement. 2. The City shall pay to Archetko the sum of Seven Thousand Dollars ($7,000.00) within thirty (30) days from the date the City has executed this Agreement. The payment shall be made by check payable to Archetko, and their Attorney of Record, John A. Henley. Archetko and their Attorney of Record agree that the check shall not be negotiated unless and until the City notifies Archetko's Attorney of Record of the City's filing of the Dismissal referenced in paragraph 3,below. 3. Archetko,through their Attorney of Record,shall execute a Dismissal With Prejudice pursuant to Code of Civil Procedure section 581 of all lawsuits on file arising out of the incident giving rise to the Lawsuit,and provide the Dismissal to the City within five (5)days of receipt of the payment described in paragraph 2. above.The City shall file the Dismissal and provide a conformed copy to all Attorneys of Record. ]:,ca\leiii\Agreetiietits:\Archetko Setdejnent.wpd 4. The Parties shall bear their own attorneys'fees and costs incurred in connection with the Lawsuit. 5. Archetko, on behalf of themselves and their 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 Lawsuit. 6. Archetko represents and warrants that they have the legal authority to settle any and all causes of action and claims they may have against the City which relate or pertain to the Lawsuit. By executing this Agreement. Archetko hereby releases and waives all claims or causes of action which in any way relate to the Lawsuit. 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 Lawsuit, Archetko shall indemnify, defend and hold the City harmless from any and all damages, including any attorneys'fees and costs that result therefrom. 7. Archetko expressly waives the rights afforded them 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 settlernent with the debtor. S. Archetko represents and warrants that they have received the advice of their Attorney of Record with respect to the advisability of making the release provided for herein and the meaning of Civil Code section 1542. Archetko is aware that they 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 Archetko to fully, finally and forever settle and release all such matters, and all claims related to those matters. 9. Archetko represents and warrant that they have 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. Archetko 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. 2 10. Archetko acknowledges that they have read this Agreement; that they have had the Agreement explained to them by counsel of their choice-, that they are aware of the content and legal effect of the Agreement-, that they are acting on the advice of counsel of their choice; and that they are not 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 I 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 Z:� language 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 I 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. Setflementupd 3 (Signature Page) Z� , SETTLEMENT AND RELEASE AGREEMENT Ida Archetko and Ann-Marie Cardenas v. City of Redlands (Joslyn Senior Senter PLAINTIFFS Dated: Ida Archetko Dated: Ann-Marie Cardenas WITNESS AND APPROVED AS FORM AND CONTENT Dated: Joh k Jenley, Esq. CITY OF REDLANDS Dated: Feb. 3, 2004 Sus, Peppier, Mao Attest: / Lor ie Poyzer. Cit settle rnent.,xpci 4