HomeMy WebLinkAboutContracts & Agreements_147-2012_CCv0001.pdf SECOND PARTIAL RELEASE OF CLAIM
This Second Partial Release of Claim is being presented to the City of Redlands
(hereinafter"City)by Charles E.Holcombe,Jr.,Sandra Gillani,James Gillam,Amy
Holcomb and Timothy R. Holcombe(hereinafter the"Holcombes")in consideration for
the partial payment of their claim against the City as set forth in detail blow=
RECITALS
Whereas,the Holcombes represent that they own certain developed real property
having the address of 624 West State Street in the city of Redlands(the"Property');and
Whereas,on February 7,2011 the Holcombes filed a claim( "Claim)against
the City of Redlands(the"City")for damages to the Property allegedly used by the
failure of the City's storm drain which underlies the Property;and
Whereas,the Holcombes previously provided to the City a Partial Release of
Claim dated February 21 ,2012 based upon as set of circumstances as set forth in the
Recitals of that Partial Release of Claim:and in exchange for a partial payment of the
Holcombes' Clams;and
Whereas,the Holcombes have obtained a building permit from the City allowing
for the commencement of work to renovate the Holcombe Property;and
Whereas,the Holcombes do not have the readily available funds to commence
such renovation work without incurring additional expense and delay associated with
obtaining financing for the work.,and
Whereas,during a closed session discussion at the July 26,2012 Redlands City
Council meeting,staff apprised the Redlands City Council of the facts and circumstances
relative to the Holcombes' Claim and their plans and financial circumstances associated
with a partial settlement proposal;and
Whereas,the City and the Holcombes wish to make provision for the
commencement of the work to foster continued discussions toward reaching a settlement
of the Holcombes' Claim before additional legal action is taken and to foster performance
of the renovation work as expeditiously and inexpensively aspossible;and
Whereas,without acknowledging any liability on the Claim filed by the
Holcombes,the City wishes to further exhibit its good faith in the process by making a
payment toward the commencement of the needed renovation work.,to allow that work to
reach a point where any contingency in the extent of the needed work can be eliminated
and to minimize ongoing losses by allowing for the immediate commencement of works.
RELEASE
Section 1. In consideration of payment by the City to the Holcombes in the
amount of One Hundred Tenn Thousand Tho (S 110, ),receipt of which is hereby
acknowledged,the Holcombes,and each of them and for their agents,successors and
assigns,do hereby release the City,and its elected officials,officers and employees,from
that portion of the Claim asserting renovation expenses up to the amount of the payment
set forth herein,but not to the extend such expenses exceed said amount.
Section 2. In all other res ect ,the Holcombes do hereby release the City from
the cost of renovation work for the premises commonly known as 624 West State Street
to the extent of the payment made to the Holcombes set forth herein-
Section
nSection 3. It is further understood and agreed by the Holcombes that all rights
the Holcombes may have under Section 1542 of the California Civil Code with respect to
the Holcombes'Claim for damages to their Property are hereby released up to the amount
of the payment set forth herein. Said section reads as follows:
"1542. Certain claims not affected by general release. A general release
does not extend to claims which the creditor sloes not know or suspectto
exist in his or her favor at the time of executing the release,which if
known by burn or her must have materially affected his or her settlement
with the debtor."
Section 4. The Holcombes,in executing this Second martial Rely of Claim,
warrant that no part of their Claim for damage to their Property has been assigner or
transferred in any manner to anyone,and the Holcombes shall defend,indemnify and hold
the City harmless for any demand,claims,damages,costs and liabilities incurred by the
City as a result of any person or entity asserting such assignment or transfer.
Section 5. This Second Partial Release of Claim may be executed in
counterparts,and a facsimile transmitted copy of a signature may be relied upon by the
City as if it were an original as to Timothy R. Holcombe in order to expedite this partial
resolution of matters,due to his current residence in the State of Hawaii.
The Second m al Release of Claim is dated this day of August 2012,and
executed by the iied.
� "I.&I&A O-A ,-
Charies
E.Holcombe, =H(Vorn�e
Sandra Ilarn J es Gillam
Timothy R. Holcombe
01/31/ZO12 15. 17 FAX 9093VVje8q BRUNICKMCELHA EY&BECKETT 003/003
RELEASE
�t - In cOnsideratou ofpayment by the City to the Holcombes in the
sitita=of One Hundred Ten TIwusand Dollars(Sr 110,OOOX receipt of which i8 he
WknOwiedVd.the Holcombes, each of them and for their agents,successors and
assess,do hereby release the City,ad its elected officials„officers and employees,
that pout On of the Claim asserting renovation expetws up to the amo=ofthe pryment
set€Dail herein, not to the extend such V(penses exceedsaid amouaL
22Gf 1n all other respects,the Holcombes do hereby zetmw the City fin
the cost of r=0VVIiQn wesrk for the pie es commonly known as 624 West State Sty
to the Vacut of the payment made to the Hokxsmbes set forth herein.
It is fur,thar understood and geed by the Ho bei d=an
the Hobbes may have under Section on l 542 of the California Civil CO&with wspect to
the H b s'Claim for timnages to teir property ar+e hereby released up to the=OW
of the pWmew set fwth h== Said section reads as follows:
"1542: Certain claims not a$' by gentral releBse. A gencral rem
does not extend to CI&M which the creditor does not know or suspect to
exist in his or her favor at the time ofexe outing the rcl whi&if
known by him or her must have materially aff his or her seftkownt
with the r."
& c` 'rc 4 The Holcombes,in executing this Second Partial Release,of Claim,
warrant that 40 Part of their Claim for Aga to dim property has been assigned or
trau detred in any mmer to anyone,and tbe HolcombCS 3haU defirmd, indemnify and hold
the City harmless for any demand.claitns,damages,costs and liabilities htc'ttrred by the
City as a result of any person or entity asserting such assignment or fifer.
&OM 5. This Second Partial Release of Claim may be;executed m
counterparts,and a facsimile transmitted smi of a sitgnatune my be relied upm by do
City as if it wen an original as to T motby& Holcombe in to `te this
resolutionof raam dto his currew residence in the Stater au.
partial
S
The Second Partial Releaw of Claim is day of August 2012,and
executed by the undemigned,
Charles E.Holcombe,Jr. Amy Holcombe
SWX
James CH-Um
l.o