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AGREEMENT OF SETTLEMENT AND
GENERAL RELEASE
1. PARTIES: The parties to this Agreement of Settlement and General Release ("Agreement")
are Deborah Guindon ("Plaintiff"), and City of Redlands ("Defendant").
2. RECITALS: This Agreement is made with reference to the following facts:
2.1 Certain disputes and controversies have arisen between the parties hereto.
2.2 Such disputes and controversies include, but are not limited to, the claims, demands
and case or causes of action set forth by the parties hereto in a civil action pending in the
San Bernardino County Superior Court and entitled Deborah Guindors v. City of
Redlands, et al., Case No. CLADS 1315335 .
2.3 It is the intention of the parties hereto to settle and dispose of, fully and completely,
any and all claims, demands and cause or causes of action existing as of the effective date
of this agreement and arising out of, connected with, or incidental to the dealings between
parties hereto to the effective date hereof including, without limitation on the generality
of the foregoing, any and all claims, demands and cause or causes of action reflected in
the civil action referenced in Paragraph 2.2 above.
3. DISMISSAL: Concurrently with the execution of this Agreement, Plaintiff shall dismiss, with
prejudice, the civil action referenced in Paragraph 2.2 above, in exchange for the promises,
covenants, conditions and payments set forth in Paragraph Four.
4. PAYMENT. Concurrently with the execution of this Agreement, Defendant shall pay to
Plaintiff the aggregate sum of One Hundred Fifty Thousand Dollars ($150,000), inclusive of all
claims for attorneys fees, costs and medical liens. Each party shall bear their own fees and costs.
5. GENERAL RELEASE: In consideration of the mutual general releases contained herein, and
for other good and valuable consideration, the receipt of which is acknowledged by each party
hereto, the parties promise, agree and generally release as follows:
5.1 Except as to such rights or claims as may be 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 or causes of action existing 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 including, without limitation on the generality of the
foregoing, any and all claims, demands and cause or causes of action reflected in the civil
action referenced in Paragraph 2.2 above.
Agreement of Settlement and General Release Page 1
5.2 Each party to this Agreement specifically waives the benefit of provisions of Section
1542 of the Civil Code of the State of California, as follows:
A general release 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 must have materially affected his or her settlement with the
debtor.
6. REPRESENTATIONS AND WARRANTIES: Each of the parties to this Agreement represents
and warrants to, and agrees with, each party hereto, as follows:
6.1 Each party has received independent legal advice from its attorneys with respect to
the advisability of making the settlement provided for herein, with respect to the
advisability of executing this Agreement, and with respect to the meaning of California
Civil Code Section 1542.
6.2 No party (nor any officer, agent, employee, representative, or attorney of or for any
party), has made any statement or representation or failed to make any statement or
representation to any other party regarding any fact relied upon in entering into this
Agreement, and each party does not rely upon any statement, representation, omission or
promise of any other party (or of any officer, agent, employee, representative, or attorney
of or for any party), in executing this Agreement, or in 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 settlement and this Agreement, and all the matters pertaining thereto, as it deems
necessary.
6.4 Each party or responsible officer thereof has read this Agreement and 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 party
assumes the risk of any misrepresentation, concealment or mistake. If any party should
subsequently discover that any fact relied upon by it in entering into this Agreement was
untrue, or that any fact was concealed from it, or that its understanding of the facts oi•of
the law was incorrect, such party shall not be entitled to any relief in connection
therewith including, without limitation on the generality of the foregoing, any alleged
right or claim to set aside or rescind this Agreement. This Agreement is intended to be
and is final and binding between the parties hereto, regardless of any claims of
misrepresentation, promise made without the intention to perform, concealment of fact,
mistake of fact or law, or of any other circumstance whatsoever.
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6.6 Each party has not heretofore assigned, transferred, or granted, or purported to assign,
transfer, or grant, any of the claims, 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.
6.8 Each party is aware that it may hereafter discover claims or facts in addition to or
different from 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 fully,finally and forever
to settle and release all such matters, and all claims relative thereto, which do now exist,
may exist, or heretofore have existed between them. In furtherance of such intention, the
releases given herein shall be and remain in effect as full and complete mutual releases of
all such matters, notwithstanding the discovery of existence of any additional or different
claims of facts relative thereto.
6.9 The parties will execute all such further and additional documents as shall be
reasonable, convenient, necessary or desirable to carry out the provisions of this
Agreement.
6.10 Plaintiff agrees to hold Defendant harmless from, and defend and indemnify
Defendant from, the claims of any and all medical care providers and/or lienholders,
including,but not limited to, Medicare or MediCal, providing medical services to
Plaintiff as a result of the subject accident.
7. SETTLEMENT: This Agreement effects the settlement of claims which are denied and
contested, and nothing contained herein shall be construed as an admission by any party hereto
of any liability of any kind to any other party. Each of the parties hereto denies any liability in
connection with any claim and intends hereby solely to avoid litigation and buy its peace.
8. MISCELLANEOUS:
8.1 This Agreennent small be deerned to have been executed and delivered within the State
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 between the parties with respect to the
subject matter hereof and supersedes all prior and contemporaneous oral and written
agreements and discussions. This Agreement may be 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,
Agreement of Settlement and General Release Page
subsidiaries, affiliates, assigns, heirs, successors in interest and shareholders.
8.4 Each party has cooperated in the drafting and preparation of this Agreement. Hence,
in any 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 prevailing party shall be
entitled to attorney's fees and costs.
8.6 This Agreement may be executed in counterparts, and when each party has signed
and delivered at least one such counterpart, each counterpart shall be deemed an original,
and, when taken together with other signed counterparts, shall constitute one Agreement,
which shall be 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 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 five pages, is made and entered into on and as of
2 — t 4. , in Redlands, California, and is effective as of this date.
Deborah Guindon, PLAINTIFF
CITY OF REDLANDS
,!�?,s
By: PAUL FOSTER, Mayor
ATTEST:
SAM IRWIN, City Clerk
Agreement of Settlement and General Release Page 4
APPROVED AS TO FORM.AND CONTENT:
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Jaynes F. Tierney, III Attorney for Plaintiff
ruce . Disenhouse, Attorney for Defendant
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