HomeMy WebLinkAboutContracts & Agreements_5-2002SETTLEMENT AND RELEASE AGREEMENT
This Settlement and Release Agreement ("Agreement") is entered into by and between Allan L.
and Peggy.J. McCall ("McCall") and City of Redlands ("Redlands") who are sometimes referred to herein as
the "Parties."
RECITALS
A. McCall alleges that onOctober 22.2OO1and again onOctober 24'2O01,sewage overflows
from Redhands'swxvemsoccurred intheir home located et 2O2West Palm Avenue, Redlands, California. It
is further alleged that the incidents caused damage to their real property. Aseresult ofthese alleged
sewage overflows, McCall filed Tort Claims ("Claims"), with Redlands for damages allegedly sustained by
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 each Party mayhave againstthe
other that arises from, orare related to, the incidents, which are the subject ofthe Tort Claims filed by
McCall with Redlands.
C. This Agreementksoconnprorniseoftheclaimsand|iabi|iUesasser&edbytheParbesand
shall not betreated asanadmission ofliability byany Party,
1. The Parties acknowledge that the Recitals are true and correct and incorporate the Recitals
into this Agreement.
2. Redlands shall pay to K4oCaU the sum of Seven Thousand Three Hundred Seventy -Nine
Dollars and Eighty-five Cents ($7,379.85)within fifteen (15)days from the date Redlands
has executed this Agreement. The payment shall be made by check payable tnAllan L.
3. The Parties shall bear their own attorneys'fees and costs incurred in connection with the
4. McCall, onbehalf ofthemselves and their respective agents, attorneys, representatives,
assigns, heirs and suocessons-in'{ntenssthereby releases and forever discharges Redlands,
and its Councilmembers, agents, attorneys, officers, employees, representatives, assigns
andauoceesooS'in'int8nastfn}nnanyandG/lC/minnS,CauSae0facUUn,action8.d8rnages.
losses, demands, accounts, rights, debts, |iabi(/ties.obligot/ons,diGpu18a,ControverS/es.
payments, cuaba and attorneys' fees, of every kind and charact8r, known or unknown,
existing orcontingent, latent orpatent, regarding any matter ar|singfn)rnorrelated tothe
incident.
5. K4oCaU represents and warrants that they have the legal authority to settle any and all
causes of action and claims they may have against Redlands with regard to any and all
claims and/or causes ofaction that relate orpertain tothe Tort Claims. Byexenutingthis
Agreement, McCall hereby releases and waives all claims or causes of action that in any
way relate orpertain tothe Tort Claims. Tothe extent any person orentity should file,
subsequent to the execution of this Ag/eennent, any n!ainn or cause of action against
Redlands arisingout of or which is related to the incidents which are the subject of the Tort
Claims, K8oC8|/ shall indemnnifv, defend and hold Redlands harmless from any and all
damages, including any attorneys'fees and costs, that result therefrom.
6. McCall expressly waives the rights afforded under Civil Code section 1542 which provides
Ageneral release does not extend to claims which the creditor does not know
orsuspect toexist inhis favor atthe time Ofexecuting the release, which if
known by him must have materially affected his settlement with the debtor.
7. McCall represents and warrants that they have received or have waived the rightto consult
with an attorney with respect to the advisability of making the release provided for herein
and the meaning of Civil Code section 1542. K4nCa|| is aware that they may hereafter
discover claims or facts in addition to or different from those they now know or believe to
be true with respect to the matters related herein. Nevertheless, it is the intention of
McCall to fully, finally and forever settle and release all such matters, and all claims related
tothose matters.
8. McCall represents and warrants that they have not assigned ortransferred, orpurported to
assign or transfer, and shall not hereafter assign or transfer, any obligations, |iebi|0eS.
demand, claims, costs, expenses, debts, controversies, damages, actions and causes of
action released pursuant tothis Agreement. McCall also agrees b>defend, indemnify and
hold Redlands harmless against any obligation, |iabi||ty, 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 Qrpurported transfer orassignment.
9. K8oCaU acknowledges that they have read this Agreement; that they are aware of the
content and legal effect ofthe Agreement: that they are not relying onany representations
made by any other party or any of the employees, agents, representatives, or attorneys of
any other party.
10. The Parties agree to execute and deliver any other instrument or document convenient or
necessary tucarry out the terms 0fthis Agreement.
11- This Agreement constitutes the entire agreement between the Parties as to the matters
contained herein. Nomodification ofthis Agreement shall bevalid unless made inwriting,
signed by the Parties.
12. This Agreement shall bind and inure tothe benefit ofthe heirs, executors, administrators,
successors, and assigns ofthe Parties.
13. This Agreement has been jointly negotiated and drafted. The language ofthis Agreement
shall be construed as a whole according to its fair meaning and not strictly for or against
any of the Parties.
14. Each person executing this Agreement represents and warrants to the other signatories
thatthey have the authority to execute this Agreementon behalf of the entity for whom they
are signingthiy&grean1nnL
15. This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
10. Should anaction bebrought to enforce orinterpret the terms ofthis Agreement,Ue
prevailing Party shall be entitled to recover reasonable attorneys'feesand costs incurred in
prosecuting the action.
Allan LMcCall
CITY OFREDLAN0S
Dated
� Karl N.Haws, Mayor
Attest: , `