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HomeMy WebLinkAboutA6350 - JONATHAN PLATT - SETTLEMENT and RELEASE OF CLAIM Memorandum To: James Thompson, City Clerk Geoffrey Kiehl, Finance Director From: Douglas Holland, City Attorney/Risk M ager Date: April 16, 2013 Re: Settlement and Release of Claim Jonathan Platt— Police Incident The Police Department performed a review of an incident regarding a police officer's handling of personal property of Jonathan Platt at public restroom at 555 S. Sunrise in the early hours of June 12, 2012. The police officer carelessly dropped a backpack on the ground from a second story. A laptop computer in the backpack was destroyed. Captain Fallon negotiated a settlement with the owner and the owner's attorney in the amount of$400.00. A release was executed by Platt's attorney and is attached to this memorandum. I concur with the settlement. The amount of the settlement is within my settlement authority. Please prepare a check in the amount of$400.00 made payable to Daun DeVore. Ms. DeVore is Platt's attorney. Please retain the Release for your records. I have a copy of the Internal Affairs investigation in my office for reference. I would appreciate it if I could have the check as soon as possible. Thank you for your assistance and if you have any questions, please do not hesitate to give me a call RELEASE OF ALL CLAIMS KNOW ALL MEN BY THESE PRESENTS: That the Undersigned, being of lawful age, for sole consideration of dollars ($ ) to be paid to des ereby and for myts heirs, executors, administrators, successors and assigns release, acqui d.forever disc - City of Palm Springs an is, her, their, or its eii agents, servants, successors, heirs, executors, administrators and all other persons, firms corporations, associations or partnerships of and from any and all claims actions,causes of action, demands,_rights damages,costs,loss of service,expenses and compensation whatsoever, which the undersigned now has/have or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen bodily and personal injuries and property damage and the consequences thereof resulting or to result from the accident, casualty or event which occurred on or about the 1�2- day of J U NC,2(1Q_at or near JCS It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the party or parties hereby released,and that said releasees deny liability therefore and intend merely to avoid litigation and buy their peace. It is further understood and agreed that all rights under section 1542 of the Civil Code of California and any similar law of any state or territory of the United States are hereby expressly waived. Said section reads as follows: "1542. Certain claims not affected by general 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 by him must have materially affected his settlement with the debtor." The undersigned hereby declare(s)and represent(s)that the injuries sustained are or may be permanent and progressive and that recovery therefrom is uncertain and indefinite and in making this Release it is understood and agreed, that the undersigned rely(ies) wholly upon the undersigned's judgment, belief and knowledge of the nature, extent, effect and duration of said injuries and liability therefore and is made without reliance upon any statement or representation of the party or parties hereby released or their representative or by any physician or surgeon by them employed. The undersigned further declare(s) and represent(s) that no promise, inducement or agreement not herein expressed has been made to the undersigned, and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital. I hereby represent that at the time I sign this release I am not hospitalized in a medical facility nor was I admitted to a medical facility within the past 15 days. THE UNDERSIGNED HAS READ THE ABOVE AND FULLY UNDERSTANDS IT TO BE A FULL AND FINAL RELEASE OF ALL CLAIMS. Signed,sealed and delivered this l f7 day of 20D l)c) 2 Print Name Print Name Signature Signature Witness to Signature Witness to Signature Address of witness Address of witness i- to heQ o-APAccr,y As lk i7otzN&�u{ A7 l re(Jrne efie, ail Jcnu7110 i_ey��vzprr d an lncza st fccc )J on o✓a6alf 'Junr, 0/a 6?s deSUt(w- .1- ,s tin llntl�[l� -fo 7)7a.( 7hicJ i-)c..o'&QA , �CnG dNl I�GU.