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HomeMy WebLinkAbout04933 - DANIEL A. WILSON 07/31/2004 18:50 FAX 17604166338 GRAHAM ` Daniel A. Wilson Settlement Agreement Daniel Wilson v City of Palm Springs Settlement Agreement AGREEMENT#4933 MO 7536, 7-28-04 SETTLEMENT AGREEMENT AND r LEASF OF ALL CA 4,GM5-- - 'this Settlement Agreement and Release of All Claims ("Agreement") is entered into by and between Daniel A_ Wilson ('`Plnintif4 ) and CITY Of PALM SPRfNG'S ("City"), and it is intended by the parties hereto to settle fully and finally all differences between them, including, but icn no way limited to, those differences embodied in the action referred to hereinafter. WHEREAS, plaintiff has set forth claims and a lawsuit for damages arising out of an incident which occurred on or about June 4,2001; WHEREAS, these parties are parties to litigation felled in California for the Riverside Superior Court, Indio Branch,Case No. 029399; I WHEREAS. plaintiff has alleged and there was testimony to the effect that he, suffered botbr physical and emotional injuries as a result of the incident, which is the subject of the above-entitled lawsuit; WHEREAS, these patties wish to settle all differences among there, arising out of, or in any way concerning, connected with, or pertaining to the facts, circumstances, events and purported causes of action alleged as a result of the incident occurring on op about.Dune 4,2001 as alleged in the above-menijoned litigation. NOW, THEREFORE, for full and valuable consideration and based upon the foregoing recitals rand terms, conditions, covenants and agreements contained herein, the I pasties agree as follows: I 07/81/2WI 18:51 PAX 17604166638 GRAHAM U004 Daniel 111ilson v City of Palm Springs Settlement Agreement 1. Settlement Payment. The City of Palm Springs will pay plaintiff and his attorncys the total sum of sixty thousand and 00/100 dollars ($60,000.00), in full consideration and settlement of all claims by plaintiff,including any claims for attorney's fees and litigation costs. Said sum constitutes a full and complete settlement and compromise of the Claims, and of all disputes arising out of or related to the Claims. Payment in full will be made within 10 business days of plaintifn s counsel presenting the iexecuted Settlement Agreement to the CCity's attorney. Ulen E. fucker. 2. Release. Plaintiff hereby releases and forever discharges the defendants, and each of their predecessors, successors, assigns, past or present employees (including; but not limited to each of the employees identified or accused in the claim), officers, directors, agents, attorneys, insurers, subsidiaries, divisions or affiliated corporations or organizations, whether previously or hereafter affiliated in any manner, ("the released Parties"), from any and all claims, demands, causes of action, obligations, damages, attorneys' fees, costs and liabilities of any nature whatsoever, whether or not known, suspected or claimed, which plaintiff ever had, now has, or may claim to have as of the date of this Agreement against the Released parties (whether- directly or indirectly), or any of them, by reason of any act or omission concerning any matter, cause or thing, i including, without limiting the generality of the foregoing, any claims related to of arising out of the claim, or any claims asserted of which could have been assented in the claim. 3. DiscoveLy of Differrew or AddsjfionnR Fads. The patsies acknowledge that they may hereafter discover facts different from or in addition to those they now know or believe to be true with respect to the claims, demands, causes of action, 07/31/2004 18:51 FAX 17004106838 GRAHAM �4]005 obligations, damages, and liabilities of any nature whatsoever that are the subject of this Agreement, and they expressly agree to assume the risk of the possible discovery of additional or different facts, agree that this Agreement shall be and remain effective in all respects regardless of such additional or different facts. 4. Release of Unknown Claims- The Agreement set forth herein is a general release of ALL claims, demands, causes of action, obligations, damages, and liabilities of any nature whatsoever that aye described in the Agreement and are intended to encompass all Imown and unknown, foreseen and unforeseen claims which the parties may have against each other, except for any claims which may arise from the temps of this Agreement. 5. Waiver of Civil Code Section 1542, The parties expressly waive and relinquish all rights and benefits they may have under Section 1542 of the Civil Code of the State of California. The statute reads as follows: §1542, (General release — Claims Extinguished) 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 lmown by him mast have materially affected his settlement with the debtor. 6. Non-Admission of Uitbility. The parties acknowledge and agree that this Agreement is a settlement of ail disputed claims. Neither the fact that the parties have i settled nor the terms of the Agreement shall be construed in any manner as an admission of any liability by defendants or any of their employees, or any affiliated person or entities, all of whom consistently have Wcen the position that they have no hability whatsoever to plaintiff, 07/31/7004 13:51 PAX 17604166038 GRAHADt Zoos 7. Plaintiff warrants that he has made no assignment, said will r€nalce no assignsnnenz, of any claim, action, right of action, or any right of any kind whatsoever, embodied in any of the claims and allegations referred to herein, and that no other person o¢ entity of any kind had or has any interest in any of the demands, obligations, actions, causes of action, debts, liabilities, rights, contracts, damages,attorneys' fees, costs, expenses, losses or claims referred to herein. g. S,eueces¢aors and Rossi ans. This Agreement and all the terms and provisions hereof, shall be binding upon and shall inure to the benefit of the parties and their respective heirs, legal representatives,successors and assigns. 9. Knowing anti voluntary. The parties specifically represent that prior to signing this Agreement, they have been provided a reasonable period of time within which to consider whether to accept this Agreement. The paaiies represent that they have each carefully read and fully understand all of the provisions of this Agrcennent, and that they are voluntarily, lsamowingly, and without coercion entering into this Agreement based upon their own judgment. i 10. Assistance of Counsel. The parries each specifically represent that they i have consulted to their satisfaction with and received independent advice from their respective counsel prior to executing this Agreement concerning the terms and conditions of this f4greenaent. 11. This Agreement may be executed in naultlple couatee-parls, each of which shall be considered an original but all of which shall constitute one agreement, 07/31/2004 10:52 M 17604103030 GRAHAM IDi. 007 12. Enforcement Costs. Should any legal action be required to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which that party may be entitled. 13. 5cvcrabisity. Should any portion, word, clause, phrase, sentence or paragraph of this Agreement be declared void or unenforceable, such portion shall be considered independent and severable Tort the remainder. the validity of which shall remain unaffected. 14. Ambiguity. The parties aclunowledge that this Agreement was jointly prepared by them, by and through their respective legal counsel, and any uncertainty or ambiguity el isring herein shall riot be interpreted against any of the patties, but otherwise shall be interpreted according to the application of the rule on interpretation of contu acts. i 15. Waiver. Failure to insist on compliance with any terni, covenant or condition contained in this Agreement shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power contained in this Agreement at any one Mrie or more times be deemed a waiver or i relinquishment of any right or power at any other time or times. M Goverain.- Law. This Agreement is ,made and entered into in the State of California and shall in all respects be interpreted, enforced and governed under the laws oFsaid state without giving effect to conflict of law principles. 17. 'Y'aa Ramnifications. Plaintiff understands and agrees that defendants are providing plaintiff with no tax or legal advice, and make no representations regarding tax obligations or consequences, if any, related to this agreement. Further, the parties have endeavored in good ftrith to allocate appropriately the payment set forth above. 07/31/2004 18:52 FAX 17604168038 GRAHA51 Q008 Notwithstanding the foregoing, if any claim is asserted against defendants by any taxing authority with respect to this payment, plaintiff shall indemnify and hold defendants, and i each of them, harmless. 19. EnEire A%yeeanent. This Agreement constitutes the entire Agreement between the patties who have executed it and supercedes any and all other agreements, understandings,negotiations, or discussions, either oral or in writing, express or implied, between the parties to this Agreement. The parties to this Agreement each acknowledge i that no representations, inducements, promises, agreements, or warranties, oral or I otherwise, have been made by them, or anyone, acting on their behalf, which are not embodied in this Agreement, that they have non executed this Agreement in reliance on any such representation, inducement, promise, agreernent or warranty, and that no representation, inducement, promise, agreement or warranty not contained in this Agreement including, but not limited to, any purported suppleuawnts, modifications, waivers or terminations of this Agreement shall be valid or binding, unless executed in writing by all of the parties to this Agreement. 1N t7 11NESS THEREOF, the undersigned have executed this Settlement Agreement and Release of All Claims on the date set forth below. This Agreement may be signed in counterparts. SIGNATURES ON THE G®L.L©W1NG PAGE(47) i I 07M/2004 10:52 FAX 17604136638 GRAHAM PJ009 DATED:z -l U b C� By: �" DANIEL A. WIILSON,, Plaintiff l 'DATED: � "Star:Mills Director o£I-Itnman Resources Cady or palm Springs ,4PPR(3VZDA 'fCD 1�C➢Y2M:DATELD: 5 � Ey: ;4T er A.trlaintiff DATED: � ? �® e� By: �-- Glen F. Ta ulcer Atiorsney for Defendants City of Palm Springs & Michael Goodwin DATED: By, David H. Ready Mni Sytings City Marta er ATTEST TO BY: DATED: Patricia Sanders Palm Springs City Clerk �n r,g?n,r '.." � i��J ��sul_ �.^D i a C..'�.�lJt��✓'J�, i7lo7u� � �9�3