HomeMy WebLinkAboutContracts & Agreements_8-01_CCv0001.pdf SETTLEMENT AND RELEASE AGREEMENT
This Settlement and Release e" Agreement("Agreement")is entered into h
Aspe('"As
p )and City of Redlands("Ci �� y and between Raul
("Citywho are sometimes referred to herein as the "Parties.ft
RECITALS
A. Aspe alleges that on October 29, 1998
R participation in a fire training seminar at his place of employment,ssuffered injuries as a result of his
conducted by the City of Redlands and which is the subject ofat certain legal Village, which was
Aspe v. City of Redlands et al San Bernardino Superior Court Case No. gal action entitled Raul
"the Lawsuit"). SCISS 61642(collectively,
B. It is the intention of the Parties to resolve and settle their dispute
claims, demands, causes of action, obligations, damages and liabilities s Y and to discharge all
City that arise from, or are related to, the incident which is t Aspe ma hat,e against the
he subject of the Lawsuit.
C. This Agreement is a compromise Of the claims asserted by Aspe and
as an admission of liability by any ply p shall not be treated
AGREEMENT
1 The Parties acknowledge that the Recitals are true and correct
Recitals into this Agreement. and incorporate the
2. The City shall pay to Aspe the sum of Five Hundred Dollars $5
(30)days from the date the City has executed this Agreement. The a ( 00.00 within thirty
Payable to Raul Aspe, and his Attorney of Record, G Payment shall be made by check
Record agree that the check shall not be negotiated unless and until l he C. Aspe and his Attorney of
of Record of the City's filing of the Dismissal referenced in Paragraph 3tY notifies Aspe's Attorney
, below.
3. Aspe, through his Attorney of Record, shall execute a Dismiss
pursuant to Code of Civil Procedure section 581 of all lawsuits on file al With Prejudice
giving rise to the La��suit, and provide the Dismissal to the Ci sing°ut of the incident
of the payment described in paragraph 2, above. The City shall thin five (5) days of his receipt
conformed copy to Aspe's Attorney of Record. le the Dismissal and provide a
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4- The Parties shall bear their own attorneys'fees and costs incurred in connection with
the Lawsuit.
5. Aspe,on behalf ofhimselfand his 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, 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. Aspe represents and warrants that he has the legal authority to settle any and all
causes of action and claims he may have against the City which relate or pertain to the Lawsuit. By
executing this Agreement, Aspe 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,Aspe shall indemnify,defend and hold
the City harmless from any and all damages, including any attorneys" fees and costs that result
therefrom.
7. Aspe expressly waives the rights afforded him 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. Aspe represents and warrants that he has received the advice of his Attorney of
Record with respect to the advisability of making the release provided for herein and the meaning
of Civil Code section 1542. Aspe is aware that he may hereafter discover claims or facts in addition
to or different from those he now knows or believes to be true with respect to the matters related
herein. Nevertheless,it is the intention of Aspe to fully;finally and forever settle and release all such
matters, and all claims related to those matters.
9. Aspe represents and warrants that he has not assigned or transferred,or purported to
assign or transfer, and shall not hereafter assign or transfer, any obligations, liabilities, demand.
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claims,costs,expenses,debts,controversies,damages,actions and causes ofaction released
pursuant
to this Agreement. Asps shall defend,indemnify and hold the City 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 j
such transfer or assignmenton with any
or purported transfer or assignment.
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10. Aspe acknowledges ledges 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 an
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
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
Agreement shall be construed as a whole according to its fair meaning and not strictly for or a ainst
any of the Parties. g
15. Each party executing this Agreement represents and warrants to the other signatories
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.
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IT In the event any action is commenced 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.
RAUL ASPS
Dated:
Raul Aspe
Dated.- January 16, 2001
CITY OF REDLANDS
Attest: Pat Gilbreath, Mayor
oc
C* Clerk
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