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SETTLEMENT AGREEMENT
AND GENERAL RELEASE OF ALL CLAIMS
This Settlement Agreement and General Release of All Claims is made and
entered into between the City of Redlands (hereinafter "City") and Tracey Gillespie
(hereinafter "Gillespie") and in light of the following:
1. In approximately 1989, City hired Gillespie to perform work in City's
Recreation Department. Subsequently, in approximately June 1991, Gillespie was
assigned the position of a Site Director in connection with the City's Community
Services .Department's Child Care Program. Gillespie performed her duties as a Site
Director until approximately August 1993 when City informed Gillespie that she
would be demoted because of her failure to obtain and possess a Class "B" State
Driver's License. Gillespie was demoted to the position of Teacher and has retained
that position with City to date. On or about May, 1994, Gillespie informed City
representatives of several complaints and allegations she had relating to the
operation of City's Child Care Program, including, but not limited to, complaints that
she was improperly demoted, discriminated against by City employees, and asked to
work for free without pay.
.Following settlement discussions, City and Gillespie have agreed to settle any
and all disputes, now in existence or arising in the future, between City and
Gillespie, regarding the matters set forth and related to the above.
. The parties hereto acknowledge that each has denied, and continues to
deny, any claims asserted by the other, but that City and Gillespie desire to bring
this matter and any related matters to a conclusion to avoid further incurring of
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costs and expenses incident to their prosecution and defense. Therefore, the parties
make this Agreement expressly recognizing that the making of this Agreement does
not in any way constitute an admission of wrongdoing or liability on the part of either
party. Further, this Agreement shall not be cited as evidence of practice in any
forum whatsoever.
3. In consideration of this Settlement Agreement and General Release of
All Claims, City agrees to pay Gillespie the sum of Two Thousand One Hundred
Seventy-three and Nineteen One-hundredths ($2,193.19) Dollars concurrent with
Gillespie's execution of this Agreement.
In consideration of the foregoing, Gillespie, on behalf of herself,and her agents,
successors and assigns, does fully release and discharge City, its elected officials,
officers, agents, employees and attorneys, from all actions, causes of action, claims,
judgments, obligations, damages, and liabilities of whatsoever kind and character,
including but not limited to, any actions, causes, claims, judgements, obligations,
damages, or liabilities in any way relating to the events described in Section 1 of this
Agreement. Gillespie represents and warrants that she has not assigned any such
action, cause of action, claim,judgment, obligation, damage, or liability or authorized
any other person or entity to assert such on her behalf, Further, Gillespie agrees
that under this Agreement, she waives any claim for damages incurred at any time
after the date of this Agreement because of alleged continuing effects of any alleged
unlawful acts or omissions involving Gillespie which occurred on or before the date
of this Agreement and any right to sue for injunctive relief against the alleged
continuing effects of alleged acts or omissions occurring prior to the date of this
Agreement.
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4. Gillespie understands and expressly agrees that this Agreement extends
to all claims of every nature and kind whatsoever, known or unknown, suspected or
unsuspected,past or present, and all rights under Section 1542 of the California Civil
Code are hereby expressly waived. Such Section reads as follows:
"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."
Gillespie further states that she has carefully read this Settlement
Agreement and General Release of All Claims; that she has had the opportunity to
have it fully explained to her by her attorney; that she fully understands its final
and binding effect; that the only promises made to Gillespie to sign this
Settlement Agreement and General Release of All Claims are those stated above;
and that Gillespie is signing this Agreement voluntarily.
Gillespie
Dated: 1994 By:
Tracey Gi ' spie
City
Dated: -Id V. —311994
wen Larson, Mayor
City of Redlands
Dated: 1994
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City Cl k
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