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Home My WebLink AboutContracts & Agreements_107-99_CCv0001.pdf "ENT CON SETTLEMENT AGREEMENT AND GENERAL RELEASE This Settlement Agreement and General Release ("Agreement") is entered into on this 634ir day of October, 1999 by and between Michael St. James ("St. James"), on the one hand, and the City of Redlands ("Redlands") on the other. RECITALS A. Prior to and on March 14, 1997, St. James was a tenant in that certain office complex known as"Centennial Plaza" located in the City of Redlands, California. B. On March 14, 1997, members of the Redlands Police Department responded to a complaint regarding certain alleged activities taking place at the Centennial Plaza office complex. Various Redlands police officers including officers Gregory W. Pry, Dave Michael Anady, Shawn M. Ryan and Nelson A. Rodriguez(collectively, the"Police Officers") subsequently entered into the premises leased by St. James at Centennial Plaza. Thereafter, an altercation ensued between the Police Officers and St, James. C. Subsequent to the altercation that occurred between St. James and the Police Officers, St. James alleged, among other things, that the Police Officers had illegally entered into the premises he leased from Centennial Plaza, that the Police Officers had searched the premises without permission or justification and that he had suffered injuries as a result of excessive force used by the Police Officers (collectively, the"Claims"). RVL!T\HBG536335 D. On or about April 2, 1998, St. James commenced that certain legal action in the United States District Court for the Central District of California, Eastern Division, entitled Michael St. James v. The City of Redlands et al., case number ED CV 98-0067 RT(SHx) (the "Action"). On or about April 23, 1998, St. James filed a First Amended Complaint in the action which is, as of the date of this Agreement, the operative complaint in the Action. The First Amended Complaint alleged a claim for relief against Redlands for violation of civil fights under 42 U.S.C. section 1983, and eight individual tort claims for relief On or about September 17, 1999, the Action was transferred from the Eastern Division to the Central District and re-assigned case number CV99-8778-GAF(SHx). E. On or about March 23, 1999, St. James' attorney withdrew from his representation of St. James in the Action. As of the date of execution of this Agreement, St. James is unrepresented by legal counsel. F. St. James and Redlands (collectively, the "Parties") now desire to resolve and settle all claims, counter-claims and disputes arising from or involving the events of March 14, 1997, the Police Officers, the Claims and the Action, G. 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, H3C,\536335 -2- AGREEMENT I The Parties acknowledge that the Recitals are true and correct and incorporate by reference those Recitals into this Agreement. 2. Upon St. James' execution of this Agreement and his execution of a stipulation dismissing the Action, with prejudice, Redlands shall pay and deliver to St. James the sum of three thousand five hundred dollars ($3,500,00). Payment shall be made by way of check made payable to "Michael St. James." 3. Redlands shall issue to St. James an Internal Revenue Service form 1099 for tax year 1999 reflecting payment to St. James of the amount set forth in paragraph 2 above. . Redlands shall not withhold from the payment described in paragraph 2 any amount for federal, state, social security or any other salary deduction that might otherwise be owed. Redlands makes no representation as to whether there are any tax consequences associated with this settlement. The Parties agree that Redlands assumes no obligation to withhold state or federal income tax payments or other deductions from its payment to St. James and that the determination of the tax consequences of such payment is the sole responsibility of St. James, 4. The Parties shall each be responsible for their respective attorney's fees and costs incurred in any manner related to the Claims, the Action or this Agreement. RVi.w 1 H-BC\:�3 335 -3- 5. St, James on behalf of himself and his agents, attorneys, representatives, spouses, executors, heirs, assigns and successors-in-Interest hereby releases and forever discharges Redlands and its agents, employees, city council member, officers, attorneys, representatives, assigns and successors-in-Interest, including the Police Officers, from any and all claims, causes of action, actions, damages, losses, demands, accounts, reckonings, rights, debts, liabilities, obligations, disputes, controversies, payments, costs and attorney's fees, of every kind and character, known or unknown, existing or contingent, latent or patent, regarding matters alleged in, arising from or related to the events of March 14, 1997, the Claims or the Action. Said release specifically includes, but is not limited to, any and all claims for the alleged violation of St. James' civil rights or the commission of any tort by any employee of Redlands. E. Redlands on behalf of itself and its agents, city council members, officers, employees, attorneys, representatives, assigns and successors-in-interest hereby releases and forever discharges St. James and his agents, attorneys, representatives, executors, spouses, heirs, assigns and successors-in-interest from any and all claims, causes of action, actions, damages, losses, demands, accounts, reckonings, rights, debts, liabilities, obligations, disputes, controversies, payments, costs and attorney's fees, of every kind and character, known or unknown, existing or contingent, latent or patent, regarding the matters alleged in, arising from or related to the events of March 14, 1997, the Claims and the Action. T The Parties hereby acknowledge and expressly waive the provisions of California Civil Code section 1542 which states: -4- 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, The Parties represent and warrant that they have had the opportunity to seek and receive the advice of their attorneys with respect to the advisability of making the release provided for herein, and the meaning of California Civil Code section 1542. 9, Each of the Parties is aware that it 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 each of the Parties to fully, finally and forever settle and release all such matters, and all claims related to those matters. 10. The Parties represent and warrant that they fully understand each of the terms of this Agreement and their consequences and that they have sought the advice of counsel prior to executing this Agreement. 11. This Agreement is binding upon and shall inure to the benefit of the Parties, their respective officers, agents, employees, attorneys, representatives, executors, heirs, spouses, assigns, successors-in-interest, trusts, partnerships and joint ventures, 12. Each person executing this Agreement does hereby personally represent and warrant to the other signatories that he or she has the authority necessary to execute this Agreement, and that no other consents or approvals of anyone are required or necessary for this Agreement to be binding. 13. This Agreement shall in all respects be interpreted, enforced and governed by and under the laws of the State of California. 14. 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. 15. Should any term of this Agreement be deemed unlawful, that provision shall be severed and the remaining terms shall continue to be valid and fully enforceable. 16. The Parties agree to execute such other documents and take such other action as may be reasonably necessary to finalize and perform this Agreement. '4VL"1'\HB(;,536335 _6- 17. The Parties may execute duplicate originals of this Agreement or any other documents they are required to sign or furnish pursuant to this Agreement. Dated: October, 1999 Micl am November 2, 1999 Dated: Qdtbbtt 11 Y999 City of Redlands By: Its: William E. Cunningha Mayor ATTEST: # L rig Puy ity Clerk APPROVED AS TO FORM: Dated: Octobers/, 1998 BEST BEST& KEGER LLP By- Ho and B Go d Attorneys for the City of Redlands R'-._ BG"S3'33u -7- BEST BEST & KRIEGER LLP A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS LAWYERS ARTHUR L LITTLCWORTH' BRIAN M. LEWIS JOHN O.PINKNEY KARLINA E KUNZ 3750 UNIVERSITY AVENUE WILLIAM R DcWOLFE. BRADLEY E. NELIFELD SUSAN WILSON ALISON D. ALPERT RICHARD T ANDERSON' PETER M, BARMACK DAVID J. HANCOCK JORGE A MARTINEZ P.O. Box I Oze JOHN D.WAHL N' JEFFREY V DUNN HAYLEYE. PETERSON KRISHAN S. CHOPRA RIVERSIDE. CALIFORNIA 92502-i 028 JOHN E. BROWN' STEVEN C. OLSAUN ROGER K CRAWFORD C. MARIO JARAMILLO TELEPHONE(909)688 1 450 MICHAEL T. RIDDELL' ERIC L.GARNER' SHAWN D- HAGERTY JAY J LEE TELECOPIERS MICHAEL GRANT' DENNIS M.COTA PIERO C. DALLARDA TIMOTHY C. HALE FRANCIS J. BAUM' P.H W.F. PEARCE DWIGHT M MONTGOMERY JAMES C TURNEY (909)686-3083 882-46 1 2 ANNE T. THOMAS; 'J ROBEWTW. HARGREAVES JAMES P. MORRIS MICHAEL D. DOL DA WWW.BSKLAW.COM GEORGE M. REYE _ C. MICHAEL COWETT KEVIN T COLLINS CATIA C HAGOPIAN WILLIAM W FLOYD.JR BRUCE W. BEACH CARYN L CRAIG GREGORY L. HAROKE ARLENE PRATER DAVID W. NEWMAN OF COUNSEL KENDALL H M.CVEY MARK A EASTER JENNIFER T, BUCKMAN CHRISTOPHER L. CARPENTER' CLARK H.ALSOP MICHELLE OUELLETTE MARIA E GLESS DAVID J. ERWI.' KEVIN K. RANDOLPH GLEN W PRICE MICHAEL 0 HARRIS' MICHAEL J, ANDELSON- CYNTHIA M. GERMANO MARYMICHAEL MCLEOD DONALD F ZIMMER' DOUGLAS S PHILLIPS- MARGUERITE S. STRAND JAMES R.TOUCHSTONE CHRISTINA L DYER GREGORY K.WILKINSON KYLE A. SNOW STEVEN M ANDERSON FRANKLIN C ADAMS GENE TANAKA JAMES B. GILPIN ROBERT L PATTERSON WILLIAM WOOD MERRILL VICTOR L WOLF KIM A. BYRENS BRYAN K 1,CHARD 0 BRIAN REIDER DANIEL E OLIVIER WILLIAM O. OAHLING,JR. PAULA C P.oc SOUSA HOWARD B RK if GOLDS K W.SMITH LYSA M SALTZ AN STEPHEN P OEITSCH BERNIE L. WILLIAMSON MARCO A MARTINEZ JOHN 9 ROTTSCHAEPER G. HENRY WELLES JOHN F WALSH MARTIN A. MUELLER DINA 0-HARRIS DANIEL G.STEVENSON OFFICES IN J. MICHAEL SUMMEROUR RICHARD T. EGGER FEFFRY F FERRE RAYMOND BEST I 1 858 1 9571 RANCHO MIRAGE(760) 5568-281 1 SCOTT C. SMITH DEAN OERLETH DORINE LAWRENCE-HUGHES JAMES H KRIEGER(IQ 1 3-19757 ONTARIO(009)989-8884 JACK S.CLARKE.JR. SONIA RUBIO CARVALHO BRIAN P HICKEY EUGENE BEST 11 893 1 9a I) SAN DIEGO t61 91 525.1 300 'A PROFESSIONAL CORPORATION October 22, 1999 H U; OCT 2 1999 VIA UPS OVERNIGHT Daniel J. McHugh Crff PM City Attorney City of Redlands 35 Cajon Street, Suite 200 Redlands, CA 92373-1505 Re: City of Redlands adv. Michael St. James Dear Dan. - Enclosed for execution by the City is the original Settlement Agreement for Mr. St. James. It has already been signed by St. James and by me. Please have the appropriate person sign the agreement an-d then send it back to mell�- to Mr. Nal St. James has also signed a §fioi 6 or dismissal of the case so once this MY"', 11 407" Agreement is fully signed, the case will be at an end. As always, it was a pleasure to be of service. Very truly yours, Howard B- Golds of BEST BEST & KRIEGER LLP HBG/edg Enclosures RVLrr1113G1536721