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HomeMy WebLinkAboutContracts & Agreements_132-2000FULL AND FINAL RELEASE OF ALL CLAIMS DANIEL WILLIAM TRUJILLO, herein referred to as "RELEASOR" and THE CITY OF REDLANDS, herein referred to as "RELEASEE", in consideration of the promises made herein, agree as follows: 1. RELEASOR has sustained injuries arising out of an incident which occurred on November 25, 1997 in the City of Yucaipa. 2. On August 26, 1998, RELEASOR filed an action in the San Bernardino County Superior Court, Case Number SCV 50840, entitled DANIEL WILLIAM TRUJILLO vs. COUNTY OF SAN BERNARDINO, CITY OF REDLANDS, JAMES NEWHAM, PAUL POTTER, INDIVIDUALLY AND AS A PEACE OFFICER AND DOES 1 TO 50 INCLUSIVE. This action arose out of the incident described in paragraph 1. 3. RELEASOR, on behalf of himself, his heirs, executors, administrators, and assigns, and in consideration of Five Hundred Dollars ($500.00) paid to RELEASOR by RELEASEE, hereby fully releases RELEASEE, THE CITY OF REDLANDS, and its employees, agents, personal representatives and successors or predecessors in interest, from all claims and causes of action by reason of any injury or damage which RELEASOR has sustained or may sustain as a result of the above - described incident. 4. RELEASOR acknowledges and agrees that this release applies to 1 all claims that RELEASOR may have against RELEASEE arising out of the above -described incident for injuries, damages, or losses to RELEASOR'S person and property, real or personal, whether those injuries, damages, or losses are known or unknown, foreseen or unforeseen, patent or latent. 5. RELEASOR certifies that he has read Section 1542 of the Civil Code, set out below, and indicates that fact by signing his name to this release. "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 to him must have materially affected his settlement with the debtor." 6. RELEASOR hereby waives application of Section 1542 of the Civil Code and any other similar provisions in any other Jurisdiction. 7. RELEASOR, understands and acknowledges that the significance and consequence of this waiver of Section 1542 of the Civil Code is that even if RELEASOR should eventually suffer additional damages arising out of the above -described incident, he will not be permitted to make any claim against RELEASEE for those damages. Furthermore, RELEASOR acknowledges that he intends these consequences even as to claims for damages that may exist as of the date of this release but which RELEASOR does not know exist, and which, if known, would materially effect RELEASOR'S decision to execute this release, 2 regardless of whether RELEASOR'S lack of knowledge is the result of ignorance, oversight, error, negligence, or any other cause. 8. RELEASOR acknowledges and agrees that he will satisfy all liens and claims that any person, attorney, governmental entity, health care provider, Medi-Cal and/or Medi-Care may have against RELEASEE arising out of the above -described occurrence for any services provided to or payments made on RELEASOR'S behalf. 9. RELEASOR warrants and represents that in executing this release, he has relied on legal advice from the attorney of his choice, that the terms of this release and its consequences have been completely read and explained to RELEASOR by that attorney, and that RELEASOR fully understands the terms of this release. 10. RELEASOR acknowledges and warrants that his execution of this release is free and voluntary. 11. This release pertains to a disputed claim and does not constitute an admission of liability by RELEASEE for the above - described occurrence. 12. RELEASOR further agrees to defend, indemnify and save harmless all released parties for any amounts which any insurance carrier, governmental entity, hospitals or other persons or organizations may claim in reimbursement for an amount paid to RELEASOR or on their behalf as a result of the above described incident by way of contribution, subrogation, indemnity or otherwise. 3 13. RELEASOR shall direct his attorney to execute a Request for Dismissal with Prejudice of the action described in Paragraph 2 as to RELEASEE. Signed this in 0'4 day of , California. ( DANIEL WILL A P �.a 2000 at I, ROBERT D. BELSHAW, a member of the State Bar of California and attorney for the RELEASOR. I have fully discussed this release with the RELEASOR, and certify that I am satisfied that the RELEASOR fully understands the effect, significance, and consequence of the release set forth above. Executed thisday of „Ad 64i//],•,,67,r .`. , California. CITY OF REDLANDS, CALIFORNIA Pat Gilbreath, Mayor Dated: December 5, 2000 2000, at ROBOD. ttoyzey for 4 E Tr Esq. RELEASOR ATTEST: Lorr/ie Poyz lr,(JCity Clerk Redlands, Calfiornia as well as the City's website maintenance contract. Following discussion, Councilmember George, moved to continue the request to reallocate AB 2766 subvention funds toward the operation of the Downtown Trolley Project and an additional appropriation for the continuation of the City's website to the December 12, 2000, study session and the December 19, 2000, meeting for action. Motion seconded by Councilmember Haws and carried unanimously. Settlement Agreement - Alderete - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously approved a settlement and release agreement with Lydia M. Alderete, San Bernardino Superior Court Case No. SCVSS 68410, and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. Release of All Claims - Trujillo - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously v/ acknowledged receipt of an agreement for full and final release of all claims with Daniel William Trujillo, San Bernardino County Superior Court Case No. SCV 50840. The settlement amount is within the settlement authority of the Finance Department; no action is necessary by the City Council. Funds - Office Equipment/Furniture - The request for an additional appropriation to purchase three workstations for the Planning Division and for a copier for the Building and Safety Division was withdrawn from the agenda. PLANNING AND COMMUNITY DEVELOPMENT Minor Subdivision No. 236 - Time Extension - An application for the extension of time to allow for the subdivision of approximately 65.5 acres of land into four parcels and a remainder parcel in the A-1 (Agriculture) District located west of Lisa Marie Lane, south of San Timoteo Canyon Road (Terrance Emershy, applicant) has been processed by the Planning Division. Responding to Councilmember Freedman's question, Community Development Director Shaw said this matter will be scheduled on the December 19, 2000, agenda for a discussion of alternative development standards which may require a request for an amended application, but that this time extension is needed to keep the map alive as previously approved. Councilmember Freedman moved to determine that no subsequent environmental documents are necessary for the City Council's one year extension for Minor Subdivision No. 236 which is consistent with the previous Mitigated Negated Declaration prepared for the minor subdivision and Agriculture Preserve Removal which were approved by the City Council on July 2, 1996, as part of Agriculture Preserve Removal No. 90 subject to the findings contained in the staff report, and to approve a one year time extension for Minor Subdivision No. 236 extending approval until December 3, 2001. Motion seconded by Councilmember Haws and carried unanimously. December 5, 2000 Page 3