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HomeMy WebLinkAboutContracts & Agreements_85-1999_CCv0001.pdf MUTUAL RELEASE This MUTUAL RELEASE is entered into on the 21st day of Sept. , 1999, by and between the REDLANDS UNIFIED SCHOOL DISTRICT and the CITY OF REDLANDS (hereinafter referred to collectively as "Releasors"), with respect to the following facts: That REDLANDS UNIFIED SCHOOL DISTRICT, in consideration of the payment of FIFTEEN THOUSAND DOLLARS ($15,000)from the CITY OF REDLANDS in connection with the civil action entitled Scott v. Citv of Redlands, SCV 37417, hereby releases and forever discharges the City of Redlands as below stated. The City of Redlands,in consideration of Redlands Unified School District's dismissal of its cross claims arising from the above-mentioned case,hereby releases"and forever discharges Redlands Unified School District as below stated. In further consideration of the mutual covenants and agreements herein contained,Releasors hereby fully and finally terminate all relationships, controversies, claims and other matters whatsoever existing or which may hereafter arise between Releasor and Releasee in connection with the afore-mentioned civil action. NOW THEREFORE, in consideration of the foregoing facts and in mutual covenants and agreements herein contained, Releasors agree as follows: 4 1 INCORPORATION OF RECITALS. The foregoing recitals are incorporated herein by reference as if at this point set forth in full. 2. RELEASE. Pursuant to Section 1541 of the California Civil Code,Releasors release and forever discharge each other's respective assigns, transferees, directors, officers, employees, JAdjtn\Agreements\N1utua1 Releasempti servants,successors,attorneys,agents,and representatives of and from any and all claims,demands, damages, debts, liabilities, actions, causes of action, suits, contracts, controversies, agreements, accounts,reckonings,obligations,and judgments, whether in law or equity which the parties to this agreement or either of them now have, own, or hold or at any time heretofore ever had,owned, or held, or could, shall, or may hereafter have, own, or hold, for which the respective assigns, transferees,directors,officers,employees,servants,successors,attorneys,agents or representatives hereafter can, shall, or may have, based upon, related to, or by reason of any contract (express, l implied in fact, implied in law, or otherwise), liens, liability, 'taw matter, cause, fact, thing, act or omission, whatever occurring or existing at any time whatever heretofore and to and including the date hereof, including without limiting the generality of the foregoing, any claim or liability for or on account of any and all matters which are or might have been the subject matters which are or might have been referred to or in any way involved with the facts incorporated by reference in paragraph I hereof. 3. INTENTION OF THE RELEASORS. It is the intention of Releasors hereto in executing this agreement that it shall be effective as a full and final accord and satisfactory release of each and every matter herein specifically or generally referred to. In furtherance of this intention, Releasors acknowledge that they are familiar with Section 1542 of the Civil Code of the State of California, which provides as follows: "A general release does not extend to claims which a creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by LAnA.Agreemcnts\?v1utua1 Release-wpd him must have materially affected his settlement with the debtor." Releasors hereto waive and relinquish any rights and benefits which Releasors have or may have under Section 1542 of the Civil Code of the State of California to the full extent that Releasors may lawfully waive all such rights and benefits pertaining to the subject matter of this agreement. Releasors acknowledge that they are aware that Releasors may hereafter discover facts in addition to or different from those which they now know or believe to be true with respect to the subject matter of this agreement, but it is Releasors'Intention hereby to fully and finally forever settle and release any and all matters, disputes and differences, known and unknown, suspected and unsuspected,which do now exist, may exist or heretofore have existed between Releasors and that in furtherance of this intention, the releases herein given shall be and remain in effect as full and complete general releases notwithstanding discovery or existence of any such additional or different facts. 4. REPRESENTATIONS BY RELEASORS.Releasors warrant and represents to each other that they have not heretofore assigned or transferred or purported to assign or transfer to any person other than Releasors,any matter or any part or portion thereof covered by this agreement and Releasors agree to indemnify or hold harmless Releasors from and against any claims, demands, damage,debts,liability,accounts,reckoning,obligations,costs,expenses, liens,actions or cause of actions (including attorneys'fees and costs paid or incurred) based upon or in connection with or arising out of any such assignments or transfers or purported or claimed assignments or transfers. Wjml.AgreefnentsWutual Release,wpd 5. NO ADMISSION. The execution of this agreement effects the settlement of claims which are contested and denied. Nothing herein contained shall be construed as an admission by Releasors of any liability of any kind to the other party. Releasors acknowledge that they are in any way liable to each other. 6. ENTIRE AGREEMENT. This agreement contains the entire understanding of the parties; there are no representations,covenants or undertakings other than those expressly set forth herein. Releasors acknowledge that no other party or any agent or attorney of any other party has made any promise, representation, or warning whatever, expressed or implied or statutory, not contained herein,concerning the subject matter hereof, to induce them to execute this agreement, and they acknowledge that they have not executed this agreement in reliance on any such promise, representation, or warranty, not specifically contained herein. 7. BINDING ON SUCCESSORS. This agreement and the covenants and conditions herein contained shall apply to, be binding upon and inure to, the benefit of the respective assigns, successors and agents of Releasors. 8. SEVERABILITY. The provisions of this instrument are severable and should any provision be for any reason unenforceable, the balance shall nonetheless be of full force and effect. 9. CONSTRUCTION.This agreement shall in all respects be interpreted,enforced and governed by and under the laws of the State of California. This agreement is to be deemed to have p\djm\.,kgreonentsWutuaI Release.wpd been jointly prepared by Releasors, and any uncertainty or ambiguity existing herein shall not be interpreted against Releasors but according to the application of the rules of interpretation of contracts, if any such uncertainty or ambiguity exists. 10. ATTORNEYS' FEES In the event that a Releasor shall institute any action or proceeding to enforce any rights granted hereunder the prevailing party in such action or proceeding shall be entitled,in addition to any other relief granted by the Court or other applicable judicial body, to such reasonable attorneys'fees as may be awarded. IN WITNESS WHEREOF Releasors execute this agreement on the date first above written. By: Ken Tolar REDLANDS UNIFIED SCHOOL DISTRICT Releasor Mayor, iliam unning1 m CITY OF REDLANDS Releasor ATTEST: c Corrie l'ovzer, C rk ladJMVA9ree111,n1SVALUual Release.xpd