HomeMy WebLinkAboutContracts & Agreements_151-2002_CCv0001.pdf JUL-22-2002 11:27 REDLANDS CITY ADMIN.
SETTLEMENT AND RELEASE AGREEMENT
This Settlement and Release Agreement ("Agreement") Is entered into by and
between Val Joseph Pensader (-Pensader") and City of Redlands CIRedlands") who are
sometimes referred to herein as the"Parties."
RECITALS
A. Ponsader alleges that on or about January 11. 2002, he was operating a 2OW
Toyota Tundra, license number 6E79535 eastbound on Redlands Blvd near its intersection
with Tennessee Avenue when he was struck from behind by a 1998 Ford Crown Victoria, a
police vehicle operated by police Officer Natasha Crawford causing damages to his
vehicle and to himself as well as his passengers, Alan Pensader, Jeni-Tsu Pensader and
Brittany L. Tumor-Owens.
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 Tort Claim.
C. This Agreement is a compromise of the claims and liabilities asserted by the
Parties and shall not be treated as on 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. Redlands shall pay to Pensader the sum of Six Thousand Seven Hundred Dollars
($6,700) within fifteen (15) days from the date Redlands has executed this
Agreement. The payment shall be made by check payable to Val Joseph
Pensader and his attorney of record Manny lbay.
S. The Parties shall bear their own attorneys'fees and costs incurred in connection
with this claim. If any lawsuit has been filed by Pensador, said lawsuit shall be
concluded by way of Pensader filing an immediate dismissal with prejudice of
this action as to City and Officer Crawford with the court pursuant to Code of
Civil Procedure section 681 and provide City with a conformed copy of sold
dismissal.
JUL-22-2002 11:27 REDLANDS CITY ADMIN. 909 798 7503 P.05/07
4. Pensader, on behalf of himself and his respective agents, attorneys,
representatives, assigns and successors-in-interest hereby releases and forever
discharge Redlands, and its Councilmembers, agents, attorneys, officers,
employees, including Officer Natasha Crawford. representatives, assigns g and
successors-in--interest from any and all claims, causes of action, actions,
damages, losses,demands, accounts, lions, 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.
5. Pensader represents and warrants that he has the legal authority to settle any
and all causes of action and claims he may have against Redlands with regard
to any and all claims and/or causes of action that relat4or pertain to the Tort
Claim. By executing this Agreement Pansader hereby releases and waives all
claims or causes of action that in any way relate or pertain to the Tort Claim. To
the extent any person or entity should file, subsequent to the execution of this
Agreement. any claim or cause of action against Redlands arising out of or
which is related to the incident which is the subject of the Tort Claim, Pendaser
shall indemnify, defend and hold Redlands harmless from any and all damages,
including any attorneys,fees and costs, that result therefrom.
6. Pensader expressly waive 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.
7. Pensader represents and warrants that he has received #10 advice of his
attorney of record with respect to the advisability of making the settlement and
release provided for herein and the meaning Of Civil Code section 1542.
Pemder is aware that he 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 Pensader to Uly,finally
and forever settle and release all such matters, and all claims related to those
matters.
8. Pansader represents and warrants that he has not assigned or transferred. or
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JUL-22-2002 11:28 REDLANDS CITY ADMIN. 909 798 7503 P.06/07
Purported to assign or transfer, and shall not hereafter assign Or transfer, any
obligations, liabilities, demand, claims, costs, OXPenses liens, debts,
controversies,damages,actions and causes of action released pursuant to this
Agreement. Pensader also agrees to defend, indemnify and hold Redlands
harmless against any obligation, liability, demand, 0101m, cost. expense
(including, but not limited to attorneys'fees incurred), Hem 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,
9. Pensader,acknowledges that he has read this Agreement that he has had the
Agreement explained to him by counsel of his choice;that he is acting on the
advice of 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,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.
10. The Parties agree to execute and deliver any other instrument or document
convenient or necessary to carry out the terms of this Agreement.
11. 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 or statement unless it is specifically set
forth in this Agreement.
12. 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, steal I 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.
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 against any of the Pates.
15. Each party executing this Agreement represents and warrants to the other
signatories that they have the authority to execute this Agreement on behalf of
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.JILL-22-2002 11:28 REDLANDS CITY ADMIN. 909 798 7503 P.07/07
the person or entity for wham they are signing this Agreement.
16. This Agreement shall be governed by and construed In accordance with the
lows of the State of California.
17. Should an Faction be brought to enforce or interpret the terms of this
Agreement the prevailing Party shall be entitled to reoover reasonable
attorneys'fees and casts incurred in prosecuting the action.
CLAIMANT
Gated:
01 ,10 p soder
(Notary Acknowkdgm ent Required)
CITY OF REDLAAND
7<�5 '. /
Dated: September 3. 2002
Kari N. (Kersey) Hours, Mayor
Attest:
L,
C Clerk _
4
TOTAL P.O7
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code,
and Chapter 2, Division 3, Section 40814, of the California Government Code, on September 3,
2002, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk f
the City of Redlands California, personally appeared Karl N. Haws and Lorrie Poyzer
I Xj personally known to me - or - I I proved to me on the basis of satisfactory evidence to
be the persons whose names) are subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities and that by their signatures on the instrument
the persons, or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
0 .......... LORRIE POYZER. CITY CLERK
ORAre
By:
Beatrice Sanchez, Deputy City Cle
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(909)798-7531zzrttA IF 00
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CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneself/themselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
x Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, a municipal corporation
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Settlement and Release Agreement
Date of Document: September 3, 2002
Signer(s) Other Than Named Above: Val Joseph Pensader
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
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personally known to me
proved to rite on the basis of satisfactory
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to be the person whose name>9 is �
subscribed to the within instrumen and 4
acknowledged to me th e *tey executed 1
the same in �hatbvy
authorized
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acted, executed the instrument.
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WITNESS my hand and official seal.
P ace Notary Seal Above cf No�aPu
OPTIONAL
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Thouah the information below is not required by law,it may prove valuable 410 persons relying on the document `
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and could prevent fraudulent removal and reattachment of this r�r rn to another document.
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