HomeMy WebLinkAboutContracts & Agreements_123-2023.AGREEMENT OF SETTLEMENT AND
GENERAL. RELEASE
I. P,:I R.T'lL',S': 'Tice parties to this Agrecnient.ot' Settlement and Clene Cal Release ("Agreement")
are Pa.ntela Nelson ("Plaintiff"),, and ('ity of Redlands ("Defendant")
2, RECITALS: This Agreement is nittdt with reference to the following facts:•
2.1 Certain disputes and controversies have arisen between the parties hereto.
2,2 Such diSptites and controversies include, but are not limited to, the claims, demands
and case or causes o1'aution set. forth by the parties hereto in a civil action pending in the
San Bernardino C.oun.ty.Superior:Caurf and entitled Pamela Nelson v City ofRedlands, et
al, Case. No, Cl•VDS 2104053.
2,3 It is the intention Of the parties hereto. to settle and dispose Or, fully and completely,
• atiy and all c:1unis, demands and cause car of grses of action e\ibtiing as Of the effe etive date
of this agreement and arising out of:, connected with, or incidental to the dealings between
part.leb.hcreto to the ei'feetive date he reof°`includitig, without liniitati.on oa the generality
of the foregoing, any and all claims, demands and pause: of causes of action reflected in
the civil action referenced in Paragraph 2.2 tit'Gve.
3..DaAS;11851A11:: Concurrently Nvi.th.the. exccution of this Agreements, Plaintiffsshalldismiss, with
prejudice, the civil action ref+wrenced in Paragraph 2,2 above, in exchange rear the promises,
Covenants, conditions aid p4ayinents..set: forth in Paragraph Pour,
4, PA)' 'IENTr Concurrently with the execution or this Agreement, Defendant shall pay to
Plaintiff, the aggregate suni or wry- 1 1 IOUSAND Dollars ($50,000,00) in a cheep, made
payable to 1\rieC: une Lev Croup, tV1cCune; Wright Arevailo Ve;rcoski kusel Week Brandt APC:
trust account for immediate disbansernent:io Plaintiff Pamela Nelson and any lien holders,
5. GENERAL JLEASE: In consideration or:the mutual general releases contained herein, and
for Cither ood,and valuable consideration, the receipt•of which is acknowledged by each party
hereto, the partiespromise, agree and generally release as follows:
5,1 Except as to such rights or claims as may he created by this Agreement, each party
hereto hereby releases, remises and forever discharges each. other party hereto from any
and all claims, demands and cause of -causes of action c fisting as of the effective date and
arising. out of, connected with or incidental to the .dealings between the parties hereto
prior to. the effective. date hereof mcludmg, without limitation an the generality of the
foregoing, any and all claims, demands and cause or causes of action reflected in the civil
action re.l"creneed in Paragraph, 2.2 above.
Agreement ai'Setile;ritent and General Release.
Page t c F9
5,2 Each party to This Agreement specifically waives the benefit of provisions of Section
1542 of the Civil Code.of the State ot'Citiifornia, as follows:
A. general releahe does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release, which if
known by him or her mutt have materially affected. his Or her settlement with the
debtor,
fr. REPRaST,At AATIOA"S'ANU bl:'ARIONTIES: each of the parties to ihiS .Agreement .represents
and warratnts.to, and agrees with, each party hereto, as follows:.
6.1 Each Marty .has..reecived independent legal advice lQrorit its :attorneys: with respect to
the advisability ofmaking the settlement provided for herein, with respect to the
advisability of executing this Agreement, and with respect to the meaning ofCalifarnia
Civil Code Section 1542.
6.2 No party (nor any officer, agent,.e;inployee, reprrsentative,.Or attorney ofor for any
party), has made any statement or representation or failedd to make any statement o.r
t't P.t'esefitation to. itny other party regarding any fact re.lir<d upon in entering into thi;t
Agreement; and each party does not rely upon any statement, representation, omission or
promise of ti.y 'other patty (or of any officer, agent, employee, representative, or attorney
of or for any party); in e\eeuting this Agreerit;itt, or iti making the settlement provided
for herein, except as expressly stated in this Agreement,
6.3 Each party to this Agreement has made such investigation of the facts pertaining to
this Settleiftent and this' Agreonieent, and all the matters pertaining ther'et(j, as itdeems
necessary.
6,4 Each party or.responsible officer thereof has read this' Agreement rind understands the
contents hereof. Each of the officers executing, this Agreement on behalf of their
respective corporations is empowered to do so and thereby binds such respective
corporation.
6.5 In entering into this Agreement and the settlement provided for herein, each panty
atssVrnfcs the risk ..oany misrepresentation, concealment or mistake,.if any party should
subsequently discover that any I`ac.t.relied upon by it in entering into tills. Agreement was
untrue, or that any fact was concealed from it, or that its understanding of the facts or of
the law wars incorrect, such party shall not ho entitled to. any relief in connection
therewith including, without limitation on the generality of the fbregoing,.any.a.11eged
right or claim to :yet aside or rescind this Agreement. This Agreement is intended to lie
and is final and binding between the. parties hereto, regardless of any claims of
ntisrepreseritation, promise .made without the intention to perform, eoncenlme►it of fact,
mistake ()C.fnet or law, or of any other circumstance whatsoever.
Agreement of Settlement and General Release
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6 6 Each fiarty has not heretofore assigned, transferred, or granted, or purported to assign,
transfer, or grant, any .of the cluinas, demands, and cause or causes of action disposed of
by this Agreement.
6,7 Each term of this Agreement is contractual and not merely a recital,
C. -Each party is aware that it may .hereafter discover claims nr facts hi addition to or
different froni those it now knows -or believes to be true. with respect to the matters
related herein. 'Nevertheless, it is the intention of the parties to frilly, finally and forever
to settle and release all such. matters, and all c.latitn$ relative thereto, which do nory e;\ist,
may exist, or heretofore have. existed between them; In furtherance of such intention, the
releases given herein shrill be and Rmaln in effect us full artd coMplete Mutual releases of
all such matters, notwithstanding the discovery ofexistence of any additional or difi"erent
claims cif facts relatiVe thereto:
6.9 The parties will execute all such f'urthcr and additional documents as shall be
r asonahlu, convenient, necessary or desirable to carry out tIi pr visions of this
Agreement.
6.10 Plaintiff: agrees to hold Defendant harmless from, and defend and indemnify
Defendant. froth, the claims of any and ail medical care. providers and/or lienholders,
including, but not limited to, Medicare Or Medical, providing.medieal services to
Plaintiff as a result ot''the subject accident.
7. SET LEA[ENT: This Agreement effects the settlement of claims which are denied and
contested, and nothing 'co.intained herein shall be construed as an admission by arty party hereto
of any liability any kind to any other party. Each of the. parties hereto denies any liability in
cotnnection with. any claim and intends. hereby -.solely to avoid litigation and buy it$ peace.
.fl. ILILSCEL LAiV EO.CIS:
8.1. This Agreement shall be deemed to have been executed. and delivered within the Stale
of California and the rights and obligations of the parties.hereto shall be construed and
enforced in accordance with, and governed by, the laws. of the State of California,
8.2 This .Agreement is'the,entire;Agreement betweetn the parties with respect to the
subject Matter hereof and supersedes all prior and contemporaneous oral "and written
agreenneants and discussions. This Agreement may .he.amended only by an agreement in
writing, signed by the parties thereto.
8.3: This Agreement is binding upon and shall inure to the benefit of the parties hereto,
their respective agents,. employees, representatives, officers, directors, divisions,
subsidiaries, affiliates, assigns, heirs,:succe:ssors in interest and shareholders.
Agreement o
ettlement and General Release
Pate 3 ail-
8.4 Each party has cooperated in the drafting and preparation of this Agreement. Hence,
in an) construction to be made of this Agreement. the same shall not be construed against
any party.
8.5 In the event of litigation relating to this Agreement, the pre\ ailing party shall be
entitled to attorneys fees and costs.
8.6 This Agreement may he executed in counterparts, and 11 hen each party has signed
and delivered at least one such counterpart, each counterpart shall be deemed an original,
and, when taken together \ti ith other signed counterparts, shall constitute one Agreement,
which shall he binding upon and effective as to all parties.
8.7 The parties expressly agree that the Court shall retain jurisdiction over the terms of
this settlement pursuant to CCP Section 664.6 and shall specifically retain jurisdiction to
entertain a motion to enforce the settlement should the need for such a motion arise.
This Agreement. consisting of four pages, is made and entered into on and as of,lune 7,
?023, in Redlands. California. and is effcctke as of this date.
13Y:
B Y :
APPROVED iU FC tivi AND CON'
re) Wec,k:-:Attorne or_ laintiff.
Pamela iyeli
Bruce'E. C)isenhouse. Attorney for Defendant.
City of Redlands
AME(CA 1V L'S'Olaintifi'
CITY OF REDLAND�
DDIE TEJEDA. a
ATTEST
E DONAI,DSC;N, City Clerk
Agreement of Settlement and General Release
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