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Home My WebLink AboutContracts & Agreements_133-2000_CCv0001.pdf SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement("Agreement")is entered into by and between Lydia M. Alderete(" Alderete"),Elias E. Elhazin("Elhazin") and City of Redlands("Redlands")who are sometimes referred to herein as the "Parties." RECITALS A. Alderete alleges that on November 9, 1999, she and Elhazin, an employee of the City of Redlands, were involved in an automobile accident at the intersection of Center Street and State Street which was the subject of that certain legal action entitled Lydia Madrid Alderete v. City of Redlands Elias Emil Elhazin, et al San Bernardino Superior Court Case No. SCVSS 68410 (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,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 Lawsuit. C. This Agreement is a compromise of the claims and liabilities asserted by the Parties 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. Redlands shall pay to Alderete the sum of Fifteen Thousand Nine Hundred Two Dollars and Thirty-four Cents ($15,902.34). within thirty (30) days from the date Redlands has executed this Agreement. The payment shall be made by check payable to Lydia Alderete, and her Attorney of Record, C. Patrick Milligan. 3. Alderete,through her 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 City within five (5) days of her receipt of the check described in paragraph 2, above. City shall file the Dismissal and provide a conformed copy to Alderete's Attorney of Record. I:\d}m\Sample E)ocumentsxA]derete.Settiement.wpd 1 4. The Parties shall bear their own attorneys'fees and costs incurred in connection with the Lawsuit. 5. Alderete, on behalf of herself and her respective agents, attorneys, representatives, assigns and successors-in-interest hereby releases and forever discharges Elhazin and Redlands,and its Councilmembers,agents,attorneys,officers,employees,representatives,assigns and successors- in-interest from any and all claims, causes of action, actions, damages, losses, demands, accounts, rights,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. Alderete represents and warrants that she has the legal authority to settle any and all causes of action and claims she may have against Elhazin and Redlands with regard to any and all claims and/or causes of action which relate or pertain to the Lawsuit. By executing this Agreement, Alderete hereby releases and waives all claims or causes of action which in any way relate or pertain 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 Elhazin and Redlands arising out of or which is related to the incident which is the subject of the Lawsuit,Alderete shall indemnify,defend and hold Elhazin and Redlands harmless from any and all damages, including any attorneys' fees and costs, that result therefrom. 7. Alderete expressly waives 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 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. S. Alderete represents and warrants that she has received the advice ofher attorney with respect to the advisability of making the release provided for herein, and the meaning of Civil Code section 1542. Alderete is aware that she may hereafter discover claims or facts in addition to or different from those she now knows or believes to be true with respect to the matters related herein. Nevertheless, it is the intention of Alderete to fully, finally and forever settle and release all such matters, and all claims related to those matters. 9. Alderete represents and warrants that she has not assigned or transferred,orpurported P,djrr\Sample Document,-',Alderete.Settlement.w-pd to assign or transfer,and shall not hereafter assign or transfer; any obligations, liabilities, demand, claims,costs,expenses,debts,controversies,damages,actions and causes ofaction released pursuant to this Agreement. Alderete 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), 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. Alderete acknowledges that she has read this Agreement; that she has had the Agreement explained to her by counsel ofher choice;that sheds aware of the content and legal effect of the Agreement; that she is acting on the advice of counsel of their choice; and that she is not relying on any representations made by any other party or any of the employees, agents, representatives,or attorneys of any ether 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 leo modification of this Agreement shall be valid unless made in writing, signed by the Parties. The Parties shall not be bound by any representation,warranty,promise, statement or information,unless it is specifically set forth in this Agreement: 13. Failure of any Party to insist upon strict observance of,or compliance with all of the terms of this Agreement in one or more instances, shall not be deemed to be a waiver of a Party's right to insist upon such observance or compliance with the other terms of this Agreement. 14. This Agreement shall bind and inure to the benefitof the heirs, executors, administrators,successors, and assigns of the Parties. 15. This Agreement has been jointly negotiated and drafted.. The language of this Agreement shah be construed as a whole according to its fair meaning and not strictly for or against any of the Parties, 16. Eachperson executing this Agreement represents and warrants to the other signatories that they have the authority to execute this Agreement on behalf of the entity for whom they are signing this Agreement. I:tdjm Sample Documents=.Alderet€.settlement.sN�pd J 17. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18. 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. LYDIA M.ALDERETE Dated:_�3 Lydi M. Alderete ELIAS E. ELHAZIN Dated: /Z-//1 I O tp Elias E. Elhazin Dated: December 5, 2000 CITY OF REDLANDS Pat Gilbreath, Mayor Attest: City/Clerk lAdjaManiple DaCUulentsWlderete.Settlement.wpd 4