HomeMy WebLinkAboutContracts & Agreements_21-2001SETTLEMENT AND RELEASE AGREEMENT
This Settlement and Release Agreement ("Agreement") is entered into by and between
Lawrence LeBlanc ("LeBlanc") and City of Redlands ("City") who are sometimes referred to herein
as the "Parties."
RECITALS
A. LeBlanc alleges that on August 7, 1998, LeBlanc suffered injuries as a result of his left
wheelchair wheel impacting a raised concrete swale located in the northerly crosswalk of Texas
Street in the intersection of Colton Avenue and Texas Street in the City of Redlands, and which is
the subject of that certain legal action entitled Lawrence LeBlanc v. City of Redlands et. al. San
Bernardino Superior Court Case No. SCVSS 59289 (collectively, "the Lawsuit").
B. It is the intention of the Parties to resolve and settle their dispute and to discharge all
claims, demands, causes of action, obligations, damages and liabilities LeBlanc 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 LeBlanc 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 pay to LeBlanc the sum of Ten Thousand Dollars (S 10,000.00) within
thirty (30) days from the date the City has executed this Agreement. The payment shall be made
by check payable to Lawrence LeBlanc, and the law offices of Tomlinson, Nydam & Prince, LLP.
LeBlanc and his Attorney of Record agree that the check shall not be negotiated unless and until the
City notifies LeBlanc's Attorney of Record of the City's filing of the Dismissal referenced in
paragraph 3, below.
3. LeBlanc, through his Attorney of Record, shall 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 his receipt
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of the payment described in paragraph 2, above. The City shall file the Dismissal and provide a
conformed copy to LeBlanc's Attorney of Record.
4. The Parties shall bear their own attorneys' fees and costs incurred in connection with
the Lawsuit.
5. LeBlanc, on behalf of himself and his respective 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, 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 Lawsuit.
6. LeBlanc represents and warrants that he 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 Lawsuit. By
executing this Agreement, LeBlanc hereby releases and waives all claims or causes of action which
in any way 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, LeBlanc shall indemnify, defend and
hold the City harmless from any and all damages, including any attorneys' fees and costs that result
therefrom.
7. LeBlanc expressly waives the rights afforded him 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. LeBlanc represents and warrants that he has received the advice of his Attorney of
Record with respect to the advisability of making the release provided for herein and the meaning
of Civil Code section 1542. LeBlanc is aware that he may hereafter discover claims or facts in
addition to or different from those he now knows or believes to be true with respect to the matters
related herein. Nevertheless, it is the intention of LeBlanc to fully, finally and forever settle and
release all such matters, and all claims related to those matters.
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9. LeBlanc represents and warrants that he 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, debts, controversies, damages, actions and causes of action released pursuant
to this Agreement. LeBlanc shall defend, indemnify and hold the City harmless against any
obligation, liability, demand, claim, cost, expense (including, but not limited to attorneys' fees
incurred), 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.
10. LeBlanc acknowledges that he has read this Agreement; that he has had the
Agreement explained to him by counsel of his choice; that he is aware of the content and legal effect
of the Agreement; that he is acting on the advice of counsel of his choice; and that he 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, 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.
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17. In the event any action is commenced 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.
Dated: ! ,c .200
Dated: February 6, 2001
Attest:
LAWRENCE LE BLANC
out) its -,fee(
Lawrence LeBlanc
CITY OF REDLANDS
Pat Gilbreath, Mayor
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authorized the Mayor and City Clerk to sign the agreement on behalf of the
City.
Auction - Abandoned Aircraft - On motion of Councilmember George,
seconded by Councilmember Haws, the City Council unanimously authorized
staff to retain an auction house through the Finance Department for the purpose
of selling an aircraft abandoned at the Redlands Municipal Airport, and
authorized the Mayor and City Clerk to execute the appropriate agreements,
with the recommendation the Mayor and City Attorney, on behalf of the City,
carry out the auction.
Settlement Agreement - Alderete v. City of Redlands et al - On motion of
Councilmember George, seconded by Councilmember Haws, the City Council
unanimously acknowledged a release of all claims with Lyndia M. Alderete for
property damage sustained. The City Council authorized settlement of a lawsuit
in closed session and this release reflects the terms and conditions for said
settlement.
Settlement Agreement - Lawrence LeBlanc - On motion of Councilmember
George, seconded by Councilmember Haws, the City Council unanimously
acknowledged a settlement and release agreement with Lawrence LeBlanc as
agreed to by the City Council in a closed session.
Agreement - Linda Hamilton - On motion of Councilmember George, seconded
by Councilmember Haws, the City Council unanimously approved an
independent contractor agreement with Linda Hamilton for the purpose of
conducting Tai Chi classes for seniors at the Joslyn Senior Center and
authorized the Mayor and City Clerk to sign the agreement on behalf of the
City.
Agreement - Donna Buckner - On motion of Councilmember George, seconded
by Councilmember Haws, the City Council unanimously approved an
independent contractor agreement with Donna Buckner for the purpose of
conducting calligraphy classes for teens and adults at the Community Center
and authorized the Mayor and City Clerk to sign the agreement on behalf of the
City.
Agreement - Jeanine King - An independent contractor agreement with Jeanine
King to conduct gymnastic classes for youth, teens and adults at the Community
Center was withdrawn from agenda and continued to another meeting.
Funds - Medical Aid Equipment Donation - On motion of Councilmember
George, seconded by Councilmember Haws, the City Council unanimously
approved an additional appropriation in the amount of $10,000.00 which was
donated for the purchase of medical aid equipment for police vehicles.
February 6, 2001
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