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HomeMy WebLinkAboutContracts & Agreements_67-2001_CCv0001.pdf SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement ("Agreement") is entered into by and between Manuel Cuaron("Cuaron")and City of Redlands("City")Henry Melendez("Melendez")and Mark Hardy ("Hardy"), who are sometimes referred to herein as the "Parties." RECITALS A. Cuaron alleges that on June 19, 1998, he was involved in a fight with another patron in the parking lot of the Millennium Club located at 1327 N.Colton Avenue,Redlands,California,was restrained and injured by State of California ABC Agents,arrested by City Police Officer Melendez and thereafter allegedly refused medical treatment by Melendez and Hardy, which was the subject of that certain legal action entitled Manuel Cuaron v. City of Redlands. HenryMelendez and Mark Hardy, San Bernardino Superior Court Case No. SCV 5493 1(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 I The Parties acknowledge that the Recitals are true and correct and incorporate the Recitals into this Agreement. 2. City shall pay to Cuaron the sum of Forty Five Hundred Dollars($4,500.00) within thirty (30) days from the date City has executed this Agreement. The payment shall be made by check payable to Manuel Cuaron, and his Attorney of Record Robert Belshaw. 3. Cuaron, through his 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 as to City, Melendez and Hardy, and provide the Dismissal to City, Melendez and Hardy within five(5)days of his receipt of the check described in paragraph 2,above. City shall file the Dismissal and provide a conformed copy to Cuaron's Attorney of Record. lAdjm\Sample DocurnentskCuaron.Settlement.wpd 4. The Parties shall bear their own attorneys'fees and costs incurred in connection with the Lawsuit. 5. Cuaron, on behalf of himself and his respective agents, attorneys, representatives, assigns and successors-in-interest hereby releases and forever discharges City, and its Councilmembers, agents, attorneys, officers, employees, including Melendez and Hardy, 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. Cuaron represents and warrants that he has the legal authority to settle any and all causes of action and claims he may have against City,Melendez and Hardy with regard to any and all claims and/or causes of action which relate or pertain to the Lawsuit. By executing this Agreement, Cuaron 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 City and its employees arising out of or which is related to the incident which is the subject of the Lawsuit, Cuaron shall indemnify, defend and hold City and its employees harmless from any and all damages,including any attorneys' fees and costs, that result therefrom. 7. Cuaron 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. 8. Cuaron represents and warrants that he has received the advice of his attorney with respect to the advisability of making the release provided for herein,and the meaning of Civil Code section 1542. Cuaron is aware that he 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 Cuaron to fully, finally and forever settle and release all such matters, and all claims related to those matters. 9. Cuaron represents and warrants that he has not assigned or transferred,or purported lAdjm\Sample DmunwntsXCuamn.SettIement.wpd 2 to assign or transfer, and shall not hereafter assign or transfer, any obligations, liabilities, demand, claims,costs,expenses,debts,controversies,damages,actions and causes of action released pursuant to this Agreement. Cuaron also agrees to defend, indemnify and hold City and its employees 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. Cuaron acknowledges that he has read this Agreement;that he has had the Agreement explained to him by counsel of his choice; that he is aware of the content and legal effect of the Agreement;that he is acting on the advice of counsel of his choice; and that he is 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, 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 benefit of the heirs, executors, administrators, successors, and assigns of the Parties. 15. This Agreement has 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 against any of the Parties. 16. Each person 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. 17. This Agreement shall be governed by and construed in accordance with the laws of 1:\xJjm\SampIe DocuffientsXCuaron.Settlement.wpd 3 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. Manuel Cuaron Dated: Man, el ROt3 Dated: May 15, 2001 CITY OF REDLANDS Pat Gilbreath, Mayor Attest: Deputy City Clergy ZadjmlSample T)ac uments\Cuaran.Sertleisient.wpd