Loading...
HomeMy WebLinkAboutContracts & Agreements_119-2004_CCv0001.pdf SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement ("Agreement") is entered into by and between Younger Brothers House Movers ("Younger Brothers"), and City of Redlands ("City") who are sometimes referred to herein as the "Parties." RECITALS A. On or about August 19, 2002, Virginia Kendrick was walking along Eureka Street at or near 347/349 when she tripped and fell on an uneven sidewalk suffering injuries. It is alleged that the sidewalk was damaged when Margaret Moxley's house was moved onto the property at 347!34} Eureka Street. Ms. Moxley hired inland Standard Construction Company as the general contractor and Younger Brothers House Movers as the house mover. This accident of August 19, 2002, is the subject of certain legal actions entitled Virginia Kendrick vs. City of Redlands. and related cross action City of Redlands v. Younger Brothers House Movers, San Bernardino Superior Court Case No. SCVSS 106876 (collectively "the lawsuits"). B. It is the intention of the Parties to resolve and settle their dispute and to discharge all claims, demands, causes of action, obligations, liens, damages and liabilities Younger Brothers may have against the City and City may have against Younger Brothers that arise from, or are related to, the incident which is the subject of the Lawsuits. C. This Agreement is a compromise of the claims asserted by the City and shall not be treated as an admission of liability by any Party. AGREEMENT 1. The Parties acknowledge that the Recitals are true and correct and incorporate the Recitals into this Agreement. 2. The City shall dismiss its cross-action against Younger Brothers without prejudice in exchange for a waiver of attorney's fees and costs in this action within thirty (30) days from the date the City has executed this Agreement. 3. City, through its Attorney of Record, shall execute and file a Dismissal, without prejudice, pursuant to Code of Civil Procedure section 581 of its cross-complaint as to Younger Brothers within five (5) days of its receipt of this Settlement Agreement after it has been executed by Younger Brothers. City shall timely thereafter provide Younger Brothers with a conformed copy of the dismissal(s) as filed. Younger Brothers and its agent and assigns hereby represent they have not filed any lawsuits against the City and hereby waive any rights to file any lawsuit against the City arising out of the above-described accident of August 19, 2002. lemtagreelyounger brothers settlement 1 4. The Parties shall bear their own attorneys' fees and costs incurred in connection with the Lawsuits. 5. Younger Brothers, on behalf of themselves and their attorneys. representatives, assigns, heirs and successors-in-interest hereby releases and forever dischar-ges 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, liens, 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 Lawsuits. 6. Younger Brothers represents and warrants that it 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 Lawsuits. By executing this Agreement, Younger Brothers hereby releases and waives all claims or causes of action which in any way relate to the Lawsuit. 7. Younger Brothers expressly waives the rights afforded it 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. Younger Brothers represents and warrants that it has received the advice of their Attorney with respect to the advisability of making the release provided for herein and the meaning of Civil Code section 1542. Younger Brothers is aware that it may hereafter discover claims or facts in addition to or different from those they now knows or believes to be true with respect to the matters related herein. Nevertheless, it is the intention of Younger Brothers to fully, finally and forever settle and release all such matters, and all claims related to those matters. 9. Younger Brothers represents and warrant that they have not assigned or transferred, or purported to assign or transfer, and shall not hereafter assign or transfer, any obligations, liabilities, demand, claims, costs, expenses, liens, debts, controversies, damages, actions and causes of action released pursuant to this Agreement. Younger Brothers shall defend, indemnify and hold the City harmless against any obligation, liability, demand, claim, cost, expense (including, but not limited to attorneys' fees incurred), liens, debt, controversy, damage, action or cause of action based on, arising out of or in connection with any such transfer or assignment by him. City represents and warrants that it has not assigned or transferred, or purported to assign or transfer, and shall not hereafter assign or transfer, any obligations, liabilities, demand, claims, costs, expenses, liens, debts, controversies, damages, actions and causes of action released pursuant to this Agreement. City shall defend, indemnify and hold the Younger Brothers harmless against any obligation, liability, demand, claim, cost, expense lem\agre6younger brothers settlement 2 (Including, but not limited to attorneys' fees incurred). liens. debt, controversy. dama(ze. action or cause of action based on. arising out of or in connection with anv such transfer or assignment by iL 10, Younger Brothers acknowledges that they have read this Agreement, that they have had the Agreement explained to them by counsel of their choice-, that they are aware of the content and legal effect of the Agreement; that they are acting on the advice of counsel of their choice; and that they are not relying on any representations made by any other party or any of the employees, agents, representatives, or attorneys of any other party. C, 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 against any of the Parties. 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. 17. In the event any action is commenced to 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. lern\agreel Younger brothers settlement 3 {S i lmature Pace} SETTLEMENT AND RELEASE AGREE.NIENT City of Redlands v. Younger Brothers blouse Movers CROSS-D-EFEN Dated� -� ��'`�- n,er Brothers House Movers WITNESS AND APPROVED AS TO FORM AND CONTENT 1 Dated: ct X -- Derx is . Asor, Esq. CITY OF REDLANDS Dated: Auguc.,t 3, 2004 Pe ler M y r -Peppier, ? Attest: Lor ' Povzer, Ci ler — Eemlagreelvouner brothers settlement 4 SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement ("Agreement") is entered into by and between Virginia Kendrick("Kendrick"),and City ofRedlands("City")who are sometimes referred to herein as the "Parties." RECITALS A. On or about August 19,2002,Virginia Kendrick was walking along Eureka Street at or near 347/349 when she tripped and fell on an uneven sidewalk suffering injuries. It is alleged that the sidewalk was damaged when Margaret Moxley's house was moved onto the property at')47/349 Eureka Street. Ms.Moxley hired Inland Standard Construction Company as the general contractor and Younger Brothers House Movers as the house mover. This accident of August 19,2002,is the subject of certain legal actions entitled Virginia Kendrick vs. City of Redlands, and related cross actions, San Bernardino Superior Court Case No. SCVSS 106876 (collectively "the lawsuits"). B. It is the intention of the Parties to resolve and settle their dispute and to discharge all claims, demands, causes of action, obligations, liens, damages and liabilities Kendrick may have against the City that arise from, or are related to, the incident which is the subject of the Lawsuit. C. This Agreement is a compromise of the claims asserted by Kendrick and shall not be treated as an admission of liability by any Party. AGREEMENT 1. The Parties acknowledge that the Recitals are true and correct and incorporate the Recitals into this Agreement. I The City shall pay to Kendrick the sum of Twenty Three Thousand Two Hundred Fifty Dollars ($23,250,00) within thirty (30) days from the date the City has executed this Agreement. The payment shall be made by check payable to Virginia Kendrick,and her attorneys of record Christensen& Stout. Kendrick and her attorneys of record agree that the check shall not be negotiated unless and until the City notifies Kendrick's Attorneys of Record of the City's filing of the Dismissal referenced in paragraph 3, below. 3. Kendrick,throughherAttorneysofRecord,shal I execute a Dismissal With Prejudice pursuant to Code of Civil Procedure section 581 of all lawsuits on file arising out of the incident giving rise to the Lawsuit,and provide the Dismissal to the City within five(5)days of receipt ofthe payment described in paragraph 2,above.The City shall file the Dismissal and provide aconformed copy to all Attorneys of Record. 1:\Ica%letn'\Agreenients''Setticiiieiit Kendrick.wpd I 4. The Parties shall bear their own attorneys'fees and costs incurred in connection with the Lawsuit. 5. Kendrick, on behalf of herself and her 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, liens, debts, liabilities, obligations,disputes,controversies,payments,costs and attomeysfees ofevery 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. Kendrick represents and warrants that she has the legal authority to settle any and all causes of action and claims she may have against the City which relate to the Lawsuit. By executing this Agreement,Kendrickherebyreleases and waives all claims orcauses ofaction whichin anyway 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,Kendrick shall indemnify,defend and holdthe City harmless from any and all damages, including any attorneys' fees and costs that result therefrom. 7. Kendrick expressly waives the rights afforded her 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. Kendrick represents and warrants that she has received the advice of her Attorney of Record with respect to the advisability of making the release provided for herein and the meaning of Civil Code section 1542. Kendrick is aware that she may hereafter discover claims or facts in addition to or different from those she now knows or believes to be true with respect to the matters related herein. Nevertheless, it is the intention of Kendrick to fully, finally and forever settle and release all such matters, and all claims related to those matters. 9. Kendrick represents and warrants that she has not assigned or transferred, or purported to assign or transfer,and shall not hereafter assign or transfer,any obligations,liabilities, demands, claims, costs,expenses, liens, debts, controversies, damages,actions or causes of action released pursuant to this Agreement. Kendrick shall defend,indemnify and hold the City harmless againstanyobligation,liability,demand,claim,cost,expense(including,butnotlimitedto attorneys' fees incurred),lien,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. l:\ca'Jem,Agreementsk Settlement Kendrick,wpd 2 10. Kendrick acknowledges that she has read this Agreement; that she has had the Agreement explained to herby counsel of her choice;that she is aware ofthe content and legal effect ofthe Agreement;that she is acting on the advice of counsel ofher choice;and that she is not relying on any representations made by any other party or any of the employees,agents, representatives or attorneys of any other party. 11. The Partiesagreeto execute anddel iveranyother instrumentordocument convenient or necessary to carry out the terms of this Agreement. 12. This Agreementconstitutesthe 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 against any of the Parties. 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. 17. In the event any action is commenced to 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. ]:',Ica.lcm\Agreetiients';SettleiTient Kendrick.mpd (Signature Page) SETTLEMENT AND RELEASE AGREEMENT Virginia Kendrick v. Citv of Redlands PLAINTIFF Dated: VirginiK Kendrick WITNESS AND APPROVED AS TO FORM AND CONTENT Dated: Richard S. Stout, Esq. CITY OF REDLANDS Dated: August 3, 2004 Sus n Peppler, Mayor Attest: Lorri oyzer, City l,i, tt.lein,Agreenicnts'SettltmeatKendrick.wpd 4 SENT BY: HP LASERJET 3150; 714 672 0860; JUL-28-04 3:12PM; PAGE 212 �. •� y�•••o KtLU' L)b L!I CLERK 909 ?98 7535 P,05r05 (Signature Page) SETTLEMENT AND RELEASE AGREEMENT Virginia Kev City of Redlands PLAINTIFF Dated: '/ z-I vev - Vi4 a Kcnddck WITNESS AND APPROVED AS TO FORM AND CONTENT D Dated., lda&id S. Stout,ESq. CITY OF REDLANDS Dated: Susan Peppler,Mayor Attest: Lorne Poyser,City Clerk I:tcaVuri iGcn�r+cc,yra 4 JUL-28-2004 16 18 714 6?2 0860 95/ P.02 SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement ("Agreement") is entered into by and between Inland Standard Construction Company ("Inland Standard"), and City of Redlands ("City") who are sometimes referred to herein as the "Parties." RECITALS A. On or about August 19, 2002, Virginia Kendrick was walking along Eureka Street at or near 347/349 when she tripped and fell on an uneven sidewalk suffering injuries. It is alleged that the sidewalk was damaged when Margaret Moxley's house was moved onto the property at 347/349 Eureka Street. Ms. Moxley hired Inland Standard Construction Company as the general contractor and Younger Brothers House Movers as the house mover. This accident of August 19, 2002, is the subject of certain legal actions entitled Virginia Kendrick vs. City of Redlands, and related cross action City of Redlands v. Inland Standard Construction Company and Inland Standard Construction Company v. City of Redlands, San Bernardino Superior Court Case No. SCVSS 106876 (collectively "the lawsuits"). B. It is the intention of the Par-ties to resolve and settle their dispute and to discharge all claims, demands, causes of action, obligations, liens, damages and liabilities Inland Standard may have against the City and City may have against Inland Standard that arise from, or are related to, the incident which is the subject of the Lawsuits. C. This Agreement is a compromise of the claims asserted by the City and shall not be treated as an admission of liability by any Party. AGREEMENT 1. The Parties acknowledge that the Recitals are true and correct and incorporate the Recitals into this Agreement. 2. Inland Standard shall pay to Plaintiff Virginia Kendrick the sum of Three Thousand Five Hundred Dollars ($3,500.00) by certified checkwithin thirty (30) days from the date the City has executed this Agreement. The payment shall be made by check payable to: Virginia Kendrick and her attorneys of record Christianson & Stout and mailed to, City of Redlands, P.O. Box 3005, Redlands CA 92373. City will forward your payment to the Plaintiffs Attorney along with City's settlement documents. The check shall not be negotiated unless and until the filing of the Dismissal referenced in paragraph 3, below has been executed. inland standard constructionco 3. City, through its Attorney of Record and Inland Standard through its Attorney of Record, shall execute and file Dismissals, with prejudice, pursuant to Code of Civil Procedure section 581 of their cross-complaints against each other within five (5) days of receipt of this Settlement Agreement after it has been executed by both parties. Each party shall timely thereafter provide each other with a conformed copy of the dismissal(s) as filed. Inland Standard and City and its agent and assigns hereby represent they have not filed any other lawsuits against the City or Inland Standard and both parties hereby waive any rights to file any other lawsuit against the City or Inland Standard arising out of the above-described accident of August 19, 2002. 4. The Parties shall bear their own attorneys' fees and costs incurred in connection with the Lawsuits. 5. Inland Standard, on behalf of themselves and their 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, liens, 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 Lawsuits. 6. Inland Standard represents and warrants that it 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 Lawsuits. By executing this Agreement, Inland Standard hereby releases and waives all claims Z__ or causes of action which in any way relate to the Lawsuit. 7. Inland Standard expressly waives the rights afforded it 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. Inland Standard represents and warrants that it has received the advice of their Attorney with respect to the advisability of making the release provided for herein and the meaning of Civil Code section 1542. Inland Standard is aware that it may hereafter discover claims or facts in addition to or different from those they now knows or believes to be true with respect to the matters related herein. Nevertheless, it is the intention of Inland Standard to fully, finally and forever settle and release all such matters, and all claims related to those matters, 9. Inland Standard represents and warrant that they have not assigned or transferred, or purported to assign or transfer, and shall not hereafter assign or transfer, any obligations, lenfia-reelyouner brothers settlement liabilities. demand, claims, costs, expenses, liens, debts, controversies, damages, actions and causes of action released pursuant to this Agreement. Inland Standard shall defend, indemnify and hold the City harmless against any obligation, liability, demand, claim, cost, expense (including, but not limited to attorneys' fees incurred), liens, debt, controversy, damage, action or cause of action based on, arising out of or in connection with any such transfer or assignment by him. City represents and warrants that it has not assigned or transferred, or purported to assign or transfer, and shall not hereafter assign or transfer, any obligations, liabilities, demand, claims, costs, expenses, liens, debts, controversies, damages, actions and causes of action released pursuant to this Agreement. City shall defend, indemnify and hold the Inland Standard harmless against any obligation, liability, demand, claim, cost, expense (including, but not limited to attorneys' fees incurred), liens, debt, controversy, damage, action or cause of action based on, arising out of or in connection with any such transfer or assignment by it. 10. Inland Standard acknowledges that they have read this Agreement; that they have had the Agreement explained to them by counsel of their choice; that they are aware of the content and legal effect of the Agreement; that they are acting on the advice of counsel of their choice; and that they are not relying on any representations made by any other party or any of the employees, agents, representatives, or attorneys of any other party. It. The Par-ties 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, Z:� 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 against any of the Parties. 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. 1cm\a-1ree\sett1ernent inland standard constructionco 17. In the event any action is commenced to 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. leni.u-ree\Noun-er brothers settlement 4 (Signature Page) SETTLEMENT AND RELEASE AGREEMENT Cite of Redlands v. Inland Standard Construction Co. CROSS-DEFENDANT Dated: ✓° `t Inlan Standard Construction Co. WITNESS AND APPROVED AS TO FORM AND CONTENT Dated: Richard Bawden, Esq. CITY OF REDLANDS Dated: 'uggt 3, "004 Sus Peppier, May Attest: Lorrie oyzer, Citf, er ten iva2ree settlernent inland standard constructionco 5 SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement ("Agreement") is entered into by and between Margaret Moxley ("Moxley"), and City of Redlands ("City") who are sometimes referred to herein as the "Parties." RECITALS A. On or about August 19, 2002, Virginia Kendrick was walking along Eureka Street at or near 347/349 when she tripped and fell on an uneven sidewalk suffering injuries. It is alleged that the sidewalk was damaged when Margaret Moxley's house was moved onto the property at 347/3)49 Eureka Street. Ms. Moxley hired Inland Standard Construction Company as the general contractor and Younger Brothers House Movers as the house mover. This accident of August 19, 2002, is the subject of certain legal actions entitled Virginia Kendrick vs. City of Redlands, and related cross action City of Redlands v. Margaret Moxley, San Bernardino Superior Court Case No. SCVSS 106876 (collectively "the lawsuits"). B. It is the intention of the Parties to resolve and settle their dispute and to discharge all claims, demands, causes of action, obligations, liens, damages and liabilities Moxley may have against the City and City may have against Moxley that arise from, or are related to, the incident which is the subject of the Lawsuits. C. This Agreement is a compromise of the claims asserted by the City and shall not be treated as an admission of liability by any Party. AGREEMENT 1. The Parties acknowledge that the Recitals are true and correct and incorporate the Recitals into this Agreement. 2. The City shall dismiss its cross-action against Moxley without prejudice in exchange for a waiver of attorney's fees and costs in this action within thirty (30) days from the date the City has executed this Agreement. 3. City, through its Attorney of Record and Moxley through her Attorney of Record, shall execute and file Dismissals, with prejudice, pursuant to Code of Civil Procedure section 581 of their cross-complaints against each other within five (5) days of receipt of this Settlement Agreement after it has been executed by both parties. Each party shall timely thereafter provide each other with a conformed copy of the dismissal(s) as filed. Moxley and City and her/its agent and assigns hereby represent they have not filed any other lawsuits against the City or Moxley and both parties hereby waive any rights to file any other lawsuit against the City or Moxley arising out of the above-described accident of August 19, 2002. 4. The Parties shall bear their own attorneys' fees and costs incurred in connection with the Lawsuits. 5. Moxley, on behalf of herself and her 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, liens, 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 Lawsuits. 6. Moxley represents and warrants that she has the legal authority to settle any and all causes of action and claims she may have against the City which relate or pertain to the Lawsuits. By executing this Agreement, Moxley hereby releases and waives all claims or causes of action which in any way relate to the Lawsuit. 7. Moxley expressly waives the rights afforded her under Civil Code section 1542 which provides that: A general release does not extend to claims which the creditor does not know or t�l 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. Moxley represents and warrants that she has received the advice of her Attorney with respect to the advisability of making the release provided for herein and the meaning of Civil Code section 1542. Moxley is aware that she may hereafter discover claims or facts in addition to or different from those they now know or believes to be true with respect to the matters related herein. Nevertheless, it is the intention of Moxley to fully, finally and forever settle and release all such matters, and all claims related to those matters. 9. Moxley represents and warrants that she has not assigned or transferred, or purported to assign or transfer, and shall not hereafter assign or transfer, any obligations, liabilities, demand, claims, costs, expenses, liens, debts, controversies, damages, actions and causes of action released pursuant to this Agreement. Moxley shall defend, indemnify and hold the City harmless against any obligation, liability, demand, claim, cost, expense (including, but not limited to attorneys' fees incurred), liens, debt, controversy, damage, action or cause of action based on, arising out of or in connection with any such transfer or assignment by him. City represents and warrants that it has not assigned or transferred, or purported to assign or transfer, and shall not hereafter assign or transfer, any obligations, liabilities, demand, claims, costs, expenses, liens, debts, controversies, damages, actions and causes of action released pursuant to this Agreement. City shall defend, indemnify and hold Moxley harmless against anv obligation, liability. demand, claim, cost. expense (including, but not limited to attorneys' fees incurred). Iciwagree\settlementmox ley liens, debt, controversy, damage, action or cause of action based on, arising out of or in connection with any such transfer or assignment by it. 10. Moxley acknowledges that she has read this Agreement; that she has had the Agreement explained to her by counsel of her choice; that she is aware of the content and legal effect of the Agreement; that she is acting on the advice of counsel of her choice; and that she is not relying on any 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, t:1 , 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 Z:� Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any of the Parties. 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 the person or 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 of California. 17. In the event any action is commenced to 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. lem\aareesett lemen tinox I ey (Signature Page) SETTLEMENT AND RELEASE AGREEMENT City of Redlands v. Margaret Moxley CROSS-DEFENDANT D fir ',, �' '` ;✓�� ,� /s Margaret xley WITNESS AND APPROVED AS TO FORM AND CONTENT Dated: Law Offices of Vivian Schwartz By: CITY OF REDLANDS Dated: August 3, 2004 �qsuuan.D_ 1— May r Attest: Lo�Poyzer, Crk lern`•a ree! settlernentmox ley 4 JUL-28-2881 15:52 REDLANDS CIT`' CLERK 989 798 7535 P.85/05 (Signature Page) SETTLEMENT AND RELEASE AGREEMENT City of Redlands v,Margaret Moxley CROSS-DEFENDANT Dated: i! Mar�W�etox!Iey �� WITNESS AND APPROVED AS TO FORM AND CONTENT Dated: Law Offices of Vivian Schwartz y: CITY OF REDLANDS Dated: Susan Peppler,Mayor Attest: Lorrie Poyzer,City Clerk lemlagree,setdemmU wxley 4 TnTAI P.ff�