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Home My WebLink AboutContracts & Agreements_45-2001_CCv0001.pdf �* SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement ("Agreement") is entered into by and between Victor Marquez ("Claimant") and City of Redlands ("Redlands") who are sometimes referred to herein asthe"Padieu.^ RECITALS A. The Claimant alleges that on February 4. 2001. a sewage overflow occurred from Redlands' sewers into the property located at 1018 Herald Stnmat, Redlands, California causing damage tothe property. 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 betreated aoanadmission ofliability byany Party. AGREEMENT 1. The Parties acknowledge that the Recitals are true and correct and incorporate the Recitals into this Agreement. 2. Redlands uho|| pay the sum of Three Thousand. Five Hundned, Forty Dollars and Ninety-five Cents ($3.540.95) to Victor Marquez and Emergency Service Restoration. Redlands oho|| also pay Two Thousand, Five Hundred Dollars ($2.500.00) to Claimant within thirty (30) days from the date Redlands has executed this Agreement. 3. The Parties shall bear their own attorney's fees and costo incurred in connection with the Tort Claim. 4. Marquez, on behalf of himself and his respective agents, attorneys, representatives, assigns and successors-in-interest hereby release and forever discharge H*d|onds, and its Cound|nmennbens. agents. attornoyo, officena, amp|uyems, repreaantatk/es, assigns and successors- in-interest from any and all claims, causes of action, actions, damages, losses, demands, accounts, rights, debts, liabilities, ob|igatinna, disputes, controvers(es, poynoente, costs and attorneys' fems, of every kind and character, known or unknown, existing or contingent, latent or patent, regarding any matter arising from orrelated tothe incident. 5. Marquez represents and warrants that he has the legal authority bosettle any and all causes ofaction and claims hamay have against Redlands with regard toany and all claims and/or causes of action which ne|abm or pertain to the Tort Claim. By executing this Agreement, the _o Claimant hereby releases and waives all claims mcauses ofaction which in any way relate or pertain hothe Tort Claim. Tothe extent any person orentity should file, subsequent tuthe 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, the Claimant shall indennnify, defend and hold Redlands harmless from any and all dannoQea, including any attorneys' fees and oosba, that result therefrom. G. Marquez expressly waives the rights afforded under Civil Code section 1542 which provides that: Agenana| 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 re|eoue, which if known by him must have materially affected his settlement with the debtor. 7. Marquez isaware that he may hereafter discover claims orfacts in addition to or different from those he now knows or believes to be true with respect to the rnoMeno related herein. Nmverthe(ess, it is the intention of the Claimant to fuUy, finally and forever settle and release all such matters, and all claims related tnthose matters. 8. Marquez represents and warrants that he has not assigned or honoferred, or purported to assign or transfer, and shall not hereafter assign or transfer, any obligations, |iabi|ities, demand, claims, moots, expenoen, debts, onntrovansies, damoges, actions and causes of action released pursuant hothis Agreement. Marquez also agrees todefend, indemnify and hold Redlands 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 with any such transfer or assignment or purported transfer or assignment. Q. Marquez acknowledges that he has had this Agreement read to him; that he is aware of the content and legal effect of the Agreement; and that he is not relying on any representations made by any other party or any of the *rnp|oyeea, ogmnto, repnoumntetivea, or attorneys ufany other party. iO. The Parties agree to execute and deliver any other instrument or document convenient ornecessary tocarry out the terms ofthis 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 rnoda in wdUng, signed by the Parties. The Parties shall not be bound by any repnasentet(un, vvorranty, promise, statement or information, 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 banns of this Agreement in one or more |nstanoes, ahoU 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 eho|| bind and inure to the benefit of the heiro, executors, administrators, successors, and assigns ofthe 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 ofthe Parties. iS. Each person executing this Agreement represents and warrants to the other signatories that they have the authority to execute this Agreement on behalf ofthe entity for whom they are signing this Agreement. 16. This Agreement shall be governed by and construed in accordance with the laws of the State ofCalifornia. 17. Should an action be brought to enforce or interpret the terms of this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees and costs incurred in prosecuting the action. CLAIMANT � Dated: / Victor Marquez WITNESS Dated: -^~~ CITY OF REDLANDS Dated:—March 20 2001 Pat Gilbreath, Mayor ` Attest: