HomeMy WebLinkAboutContracts & Agreements_12-2016_CCv0001.pdf AGREEMENT OF SETTLEMENT AND
GENERAL RELEASE
1. PARTIES: The parties to this Agreement of Settlement and General Release ("Agreement")
are Vonda Zaharopoulos ("Plaintiff'), and City of Redlands ("Defendants").
2. RECITALS: This Agreement is made with reference to the following facts:
2.1 Certain disputes and controversies have arisen between the parties hereto.
2.2 Such disputes and controversies include, but are not limited to, the claims, demands
and case or causes of action set forth by the parties hereto in a civil action. pending in the
San Bernardino County Superior Court and entitled Zaharopoulos v. City of R.dla:ids,et
al., Case No. CIVDS 1404163.
2.3 It is the intention of the parties hereto to settle and dispose of, fully and completely,
any and all claims, demands and cause or causes of action existing as of the effective date
of this agreement and arising out of, connected with, or incidental to the dealings between
parties hereto to the effective date hereof including, without limitation on the generality
of the foregoing, any and all claims, demands and cause or causes of action reflected in
the civil action referenced in Paragraph 2.2 above.
3. DISMISSAL: Concurrently with the execution of this Agreement, Plaintiff shall dismiss, with
prejudice, the civil action referenced in Paragraph 2.2 above, in exchange for the promises,
covenants, conditions and payments set forth in Paragraph Four.
4. PAYMENT: Concurrently with the execution of this Agreement, Defendant shall pay to
Plaintiff, the aggregate sum of Seventy-Five Thousand Dollars ($75,000.00).
5. GENERAL RELEASE: In consideration of the mutual general releases contained herein, and
for other good and valuable consideration, the receipt of which is acknowledged by each party
hereto, the paiiies pioil-iisc, agrcl-_ aiid gencraliy re-11c,ase i$ fellows:
5.1 Except as to such rights or claims as may be created by this Agreement, each party
hereto hereby releases, remises and forever discharges each other party hereto from any
and all claims, demands and cause or causes of action existing as of the effective date and
arising out of, connected with or incidental to the dealings between the parties hereto
prior to the effective date hereof including, without limitation on the generality of the
foregoing, any and all claims, demands and cause or causes of action reflected in the civil
action referenced in Paragraph 2.2 above.
Agreement of Settlement and General Release Page 1
5.2 Each party to this Agreement specifically waives the benefit of provisions of Section
1542 of the Civil Code of the State of California, as follows:
A general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release,which if
known by him or her must have materially affected his or her settlement with the
debtor.
6. REPRESENTATIONSAND WARRANTIES: Each of the parties to this Agreement represents
and warrants to, and agrees with,each party hereto,as follows:
6.1 Each party has received independent legal advice from its attorneys with respect to the
advisability of making the settlement provided for herein, with respect to the advisability
of executing this Agreement, and with respect to the meaning of California Civil Code
Section 1542.
6.2 No party(nor any officer, agent, employee,representative, or attorney of or for any
party),has made any statement or representation or failed to make any statement or
representation to any other party regarding any fact relied upon in entering into this
Agreement,and each party does not rely upon any statement, representation, omission or
promise of any other party(or of any officer, agent,employee, representative, or attorney
of or for any party),in executing this Agreement,or in making the settlement provided for
herein,except as expressly stated in this Agreement.
6.3 Each party to this Agreement has made such investigation of the facts pertaining to
this settlement and this Agreement, and all the matters pertaining thereto, as it deems
necessary.
6.4 Each party or responsible officer thereof has read this Agreement and understands the
contents hereof. Each of the officers executing this Agreement on behalf of their
respective corporations is empowered to do so and thereby binds such respective
corporation.
6.5 In entering into this Agreement and the settlement provided for herein,each party
assumes the risk of any misrepresentation, concealment or mistake. If any party should
subsequently discover that any fact relied upon by it in entering into this Agreement was
untrue, or that any fact was concealed from it, or that its understanding of the facts or of
the law was incorrect,such party shall not be entitled to any relief in connection therewith
including,without limitation on the generality of the foregoing, any alleged right or claim
to set aside or rescind this Agreement. This Agreement is intended to be and is final and
binding between the parties hereto,regardless of any claims of misrepresentation,
promise made without the intention to perform,concealment of fact,mistake of fact or
law, or of any other circumstance whatsoever.
Agreement of Settlement and General Release Page 2
6.6 Each party has not heretofore assigned, transferred, or granted, or purported to assign,
transfer, or grant, any of the claims, demands, and cause or causes of action disposed of
by this Agreement.
6.7 Each term of this Agreement is contractual and not merely a recital.
6.8 Each party is aware that it may hereafter discover claims or facts in addition to or
different from those it now knows or believes to be true with respect to the matters related
herein. Nevertheless, it is the intention of the parties to fully, finally and forever to settle
and release all such matters, and all claims relative thereto, which do now exist, may
exist, or heretofore have existed between them. In furtherance of such intention, the
releases given herein shall be be and remain in effect as full and complete mutual releases of
all such matters, notwithstanding the discovery of existence of any additional or different
claims of facts relative thereto.
6.9 The parties will execute all such further and additional documents as shall be
reasonable, convenient, necessary or desirable to carry out the provisions of this
Agreement.
6.10 Plaintiff agrees to hold Defendant harmless from, and defend and indemnify
Defendant from, the claims of any and all medical care providers and/or lienholders,
including, but not limited to, Medicare or MediCal, providing medical services to
Plaintiff as a result of the subject accident.
7. SETTLEMENT: This Agreement effects the settlement of claims which are denied and
contested, and nothing contained herein shall be construed as an admission by any party hereto
of any liability of any kind to any other party. Each of the parties hereto denies any liability in
connection with any claim and intends hereby solely to avoid litigation and buy its peace.
8. MISCELLANEOUS:
8.1 This Agreement shall be deemed to have been executed and delivered within the State
of California and the rights and obligations of the parties hereto shall be construed and
enforced in accordance with, and governed by, the laws of the State of California.
8.2 This Agreement is the entire Agreement between the parties with respect to the
subject matter hereof and supersedes all prior and contemporaneous oral and written
agreements and discussions. This Agreement may be amended only by an agreement in
writing, signed by the parties thereto.
Agreement of Settlement and General Release Page 3
8.3 This Agreement is binding upon and shall inure to the benefit of the parties hereto,
their respective agents, employees, representatives, officers, directors, divisions,
subsidiaries, affiliates, assigns, heirs, successors in interest and shareholders.
8.4 Each party has cooperated in the drafting and preparation of this Agreement. Hence,
in any construction to be made of this Agreement,the same shall not be construed against
any party.
8.5 In the event of litigation relating to this Agreement, the prevailing party shall be
entitled to attorney's fees and costs.
8.6 This Agreement may be executed in counterparts, and when each party has signed and
delivered at least one such counterpart, each counterpart shall be deemed an original, and,
when taken together with other signed counterparts, shall constllitute one Agreement,
which shall be binding upon and effective as to all parties.
8.7 The parties expressly agree that the Court shall retain jurisdiction over the terms of
this settlement and shall specifically retain jurisdiction to entertain a motion to enforce
the settlement should the need for such a motion arise.
This Agreement, consisting of five pages, is made and entered into on and as of
in Redlands, California, and is effective as of this date.
2�4
VONDA Z ROPO OS
CITY OF REDLANDS
By: PAUL FOSTER, Mayor
ATTEST:
z�"
SAM IRWIN, Ci ierk
Agreement of Settlement and General Release Page 4
APPROVED AS TO FORM AND CONTENT:
��-�z
AMES TIE7Y, Atto• ey for Plaintit'#:
BRUCE E. DISENHOUSE, Attorney for Defendant
Agreement of Settlement and General Release Page 5
:�1 VLD
DISINMIPUSE LAW IUPC city .'1, ""ley°s
3833 Tenth Street
Riverside, California 92501
January 29, 2016
31012
Via E-Mail and U.S.Mail to dmchuah@citvofredlands.org
Daniel J. McHugh, City Attorney
City of Redlands
Post Office Box 3005
Redlands,California 92373
Your File: Zaharopoulos v.City of Redlands
Insured: City of Redlands
Claimant: Vonda Zaharopoulos
Loss Date: 8-20-13
Dear Mr. McHugh:
Enclosed please find the original signed Agreement of Settlement and General Release in the above
matter. Please have the appropriate individuals sign on behalf of the City of Redlands and return a fully
signed copy to this office for our file. We request the City of Redlands hereby prepare a settlement draft in
the amount of$75,000.00 made payable to Vonda Zaharopoulos and Welebir Tierney&Weck. A W9 Form
from Welebir Tierney&Weck is enclosed for your use.
Upon receipt of the settlement check,Welebir Tierney&Weck have authorized us to file the
Request for Dismissal of the above matter. Please advise this office when the settlement check has been
mailed to their firm so we may monitor its receipt and thereafter promptly file the Request for Dismissal
and provide you a conformed copy.
Should you have any questions or wish to discuss this matter further,please do not hesitate to
contact the undersigned. In the interim,we will continue to keep you apprised of all developments as they
occur.
Yours very truly,
DISENHOUSELAW AP
ruce isenhouse
BED:bI
Enclosure /
pg.1
Telephone: 951-530-3710 Bruce E.Disenhouse,Esq. BruceCcbDisenhouseLaw.net
Facsimile: 951-542-4239 J.Pat Ferraris,Esq. JPatODisenhousel.aw.net
Priscilla George,Esq. Priscilla(&DisenhouseLaw.net
cc: Via E-Mail Only to hmc Innis cit o redlands.or
Heather McGinnis
Via E-Mail Only to imcconneftftityofredlands.org
Janice McConnell
Via E-Mail Only to pugliai@)scottsdaleins.com
John L.PugIiano
pg.2
Telephone: 951-530-3710 Bruce E.Disenhouse,Esq. Bruce@DisenhouseLaw.net
Facsimile: 951-542-4239 J.Pat Ferraris,Esq. JPatRa DisenhouseLaw.net
Priscilla George,Esq. Priscilla@Disenhousel.aw.net
roufr EW Request for Taxpayer Give Form to the
(Rev.oacomber 2014) requester.Do not
t)opadmentoftharrsanwry Identification Number and Certification
send to the FRS.
Irntsrrml RaysraleSmvke
1 Name(yas'shownron your Income tax return).Name is required on this fine;do not leaves this Stine blank.
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❑Individual/sate praprielm or L,-_T Corporetion ❑S Corporation Q Partnership Q;rlslfssta:a certain entities,
on page 3):
CL a e single-memberLL0
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�f R% aW Ident(fFCAtFon NUmber IIS_ —
Enteryour TIN In the appropriate box_The nN provided mutst match the name given on line i to avoid social security number "—
backup withholding.For individuals,this is generally your social security number MN).However,for a ,
resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other
entitles,it Is your employer Identification number PN).If you do not have a number,see How to get a (,-
77N on page 3. or
Note.If the account is In more than one name,see the instructions for line 1 and the chart on page 4 for I Employer Identificationnumber
guidelines on whose number to enter.
Certification
Under penalties of perjury,i certify that:
1. The number shown on this form Is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and
2. 1 am not subject to backup wlgdwlding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the internal Revenue
Service(IRS)that I am subject to backup withhoiding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding;and
3. E am a U.S.citizen or other U.S.person(defined below);and
A.The FATCA code(s)entered on this forst(if any)indicating that I am exempt from FATCA reporting Is correct.
Certification instructions.You must cross out Item 2 above If you have been notified by the IRS that you are currently subject to backup withholding
because you have fatted to report all interest and dividends on your tax return.For real estate transactions,Item 2 does not apply,For mortgage
Interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and
generally,payments otherthan interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the
instructions on page S.
Sign Signature of - �
Frere I U.S.porsorr> t?atat~ g
General Instru Ong •Fonn 1098(home mortgage Interest),1098-E(student loan interest).1008-T
(tuillon)
Section rsfierencos are ttiinternal Revenue Code unless otherwise noted. •Form 3099-0(canceled debt)
Future developments.Information about developments affecting Fors W-9(such .Form 1099-A(eWpition or abandonment of secured property)
as legislation enacted after we release it)is at www.ks.govi".
Use Farm W-9 oay if you we a U.S-pzmo.q[nrdudinn a ee-,idem alien},to
r1P)2^v$Q fit�;!tLY! provide your correct TIN.
An individual or entity(Farm W-9 request8r)who Ea regared to lila an information /ryou do not refum Form W-9 to the mquester with a 77N,you might be subject
rotten with the IF1S must obtain your correct taxpayer Identl8callon number(TTN) to backup witthlVding.See What is backup withholding?on page 2.
which may be your social security number(SSN),indivirhral taxpayer identification By signing the fNled-out form,you:
number(11144,adoption taxpayer Identftieabon number(ATIN),or employer t.Certify that the TIN you are giving Is correct(or You are waiting for a number
Identification number(EIN),to report on an information return the amount paid to to be issued},
you,or other amount reportable on an information return.Examples of information
returns Include,but are not limited to,the following; 2.Certify that you are not subject to backup withholding,or
•Form 1099-IN7'interest eamed or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.if
•Form 1099-DIV(dividarxts.Including those from.sto ks or mutual funds)
applicable,you are also cortifyring that as a U.S.person,your allocabio share of
-Farm 1099-DIV( vmious pr 9 arry partnership income from a U.S.trade or twstpess Is not subject to the
( types of Income,prizes,awards,or rasa 0000da) withholding tax on foreign partners'share of effectively connected income,and
•Form 1099-8(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)mitered on this form of any}Indlcalling That you are
brokers) exempt from the FATCA reporting,is correct.See Vitt is FATCA sporting?on
•Form 1099-t3(proceeds from real estate transactions) page 2 for further information.
•Form 1099-K(merchant card and third party network transactions)
Cat No.10231% Form W-9(Rev.12-2014)