HomeMy WebLinkAboutContracts & Agreements_122-2000RELEASE OF ALL CLAIMS
FOR AND IN CONSIDERATION of the payment to me at this time of the sum of One
Hundred Fifth Thousand Dollars ($150,000.00), the receipt of which is hereby acknowledged,
the undersigned on behalf of myself, my heirs, administrators, executors, representatives and/or
assigns, and each of them, being of lawful age, sound mind and body, do hereby release, acquit
and forever discharge Roberts & Morgan, a professional corporation, (hereinafter "said persons
and parties") and their agents, employees, attorneys and insurers of and from any and all actions,
causes of action, claims, demands, costs and expenses on account of, or in any way growing out
of, any and all known and unknown damages including but not limited to, bodily injuries,
personal injuries, property damage, loss of consortium damages, and any other damages alleged
by way of the complaint or otherwise, resulting or to result from the incident giving rise to the
litigation entitled City of Redlands v. Roberts & Morgan, et al., bearing San Bernardino County
Superior Court case number SCV 54179.
The undersigned on behalf of myself, my heirs, administrators, executors, representatives
and/or assigns, and each of them further release, acquit and forever discharge any and all insurers
of said persons and parties, and their agents, employees and attorneys of and from any and all
claims, attorneys liens, fees, costs, workers' compensation liens, or any cause of action, resulting
from any alleged known or unknown breach of any insurance policy of said parties, or any
alleged breach of any provision of California Code, or any other alleged tort or extra contractual
cause of action arising out of or in any way connected with any coverage or claims dispute
between the parties including demands, costs, loss of services, expenses and compensation, on
account of, or in any growing out of, any and all known or unknown personal injuries and
property damage resulting or to result from the said incident.
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This agreement shall be construed without regard to the drafter of said agreement and
shall be construed as though all parties hereto participated equally in the drafting of the
agreement.
All parties acknowledge that they have been advised by legal counsel and are familiar
with the provisions of the California Civil Code Section 1542, which provides as follows:
"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."
I ain expressly aware of said code section and hereby expressly waive any and all rights
that I may have thereunder. The parties understand and acknowledge the significance and
consequence of the specific waiver of California Civil Code, Section 1542 and hereby assume
full responsibility for any injuries, damages, losses or liabilities that they may hereafter discover
as possibly resulting from the above mentioned incident.
IT IS FURTHER understood and agreed that this settlement is the compromise of a
doubtful and disputed claim, and that payment is not to be construed as an admission of liability
on the part of said persons and parties by whom liability is expressly denied.
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2615002.1
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I further state that I have carefully read the foregoing release and know the contents
thereof, and I sign the same as my own free act and it is my intention to be legally bound hereby.
November 7, 2000
DATED: =coVilc.XXXCXX
City of Redlands , California
City Clerk. Lora- i''.yzer Mayor Pat Gilbreath
ATTEST:
APPROVED AS TO FORM AND CONTENT:
DATED: October 2 ► , 2000
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2615902.1
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James P. Carr
Attorney for Plaintiff
City of Redlands
City Treasurer - On motion of Councilmember Gilbreath, seconded by
Councilmember Freedman, the City Council unanimously authorized an
increase in the salary for the City Treasurer at a level of 15 percent below that
established for the Finance Director and all applicable benefits as granted to the
Redlands Association of Management Employees in their settlement agreement
ratified at this meeting.
Release of All Claims - Roberts & Morgan - On motion of Councilmember
Freedman, seconded by Councilmember Haws, the City Council unanimously
ratified a settlement agreement and release of all claims in relation to the
litigation entitled City of Redlands v. Roberts & Morgan, et al., San Bernardino
County Superior Court Case No. SCV 54179.
PUBLIC COMMENTS
Congratulations - Mayor Gilbreath extended congratulations to Cheryl Entler,
volunteer RTV3 Director, for having just recently earned her GED certificate.
ADJOURNMENT
There being no further business, the City Council meeting adjourned at
7:11 P.M. The next regular meeting will be held on November 21, 2000.
City Clerk
November 7, 2000
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