HomeMy WebLinkAboutA3788 - PAUL GILBERT SETTLEMENT Paul Gilbert
Settlement Agreement
AGREEMENT #3788
SET.VLEMPN L RELE T AND MUTUAL G)-NERAA A SE AG CM Signed, 4-7-97
THIS SETTLEMENT AND MUTUAL GENERAL RELEASE AGREEMENT (this
"Agreement") is entered into as of this 26 _ day of March
1997, by and among PAUL GILBERT ("Gilbert") and the CITY OF PALM
SPRINGS, a municipal corporation ( "City") .
RFjQI 'TALS:
A. The City filed au action against Gilbert in the City of
palm Springs Municipal Court - Small Claims Division, Case No. SCP
71224 to recover money owed to tyre City by Gilbert ("Action") .
H. Judgment in favor of the City was entered on February 4,
1994, in the amount of FIVE THOUSAND '1518NTY-ONE DOLLARS
($5, 021. 00) .
C. The City recorded an Abstract of Judgment- on August- 22,
1996, as ills tr.'urne.ut No. 317494 in the Riverside. Courll.;'y Recorder' s c
Office ("AI>atrart") . Gilbert: currently owes the City FOUR 'THOUSAND '
TWO HUNDRED 11.1WENTY-ONE DOLLARS ($4, 221.00) ,
D. Gilbert desires to transfer all right, title and interest
in certain art work to the City pursuant to the Gift Agreement
attached hereto as Pxlribit "A" , !it exchange for the City' s release
of Gilbert from all liability and debt evidenced by the Action and
Abstract.
E. City desires to accept the Gift Agreement and release
Gilbert from all liability and debt related to the Action and
Abstract on the terms and conditions set forth in this Agreement .
NOW, 'THEREFORE, incorporating the foregoing Recitals and in
consideration of the mutual covenants and conditions herein
contained, the parties hereto agree as Follows:
I. Rlease, Upon receipt- of a fully executed Gift Agreement
from Gilbert, City, for itself, its adrniraistratorn, assigns,
employees, agents and .representatives hereby releases, waives,
abandons and forever discharges Gilbert and 1'ris assigns, employees,
agents and representatives from any and all liens, claims, losses,
rights, demands, debts, costs, liabilities, obligations and damages
of any kind or nature whatsoever which City has on account of, or
by reason of, or in any way related to or resulting from the Action
or Abstract. The release set forth hereirrabove shall not release
any party from auy ulalui u, iryi,ly out of a violation of this
Agreement.
2 . lges ,.i ilnlulowrl SDims . Each party to this Agreement
expressly understands and acknowledges that it is possible that
unknown losses or claims exist or that present losses may have been
underestimated in amount or severity, and each said party
46r ai+sea-ueur ro isos.+ AMU197
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represents and warrants that this uncertainly was taken into
account in determining the consideration to be paid for the giving
of this Agreement, and that a portion of said consideration having
been beirgained for between the parties with the knowledge of the
possibility of such unknown claims was given in exchange for full
accord, satisfaction and discharge of all such claims . The parties
specifically acknowledge that they are familiar with the provisions
of California Civil Code Section 1542 which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR
AT THE TIRE OF EXECUTING THE RELEASE, WHICH IF KNOWN BY
HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH
THE DEBTOR. n
The parties, being aware of said code section and represented by
counsel, hereby expressly wa.ive any right they may have under said
code section, as well as under any other statutes or common law
principles of similar. effect:,
3 . Representation by Counsel. Each party to this Agreement-
hereby confirms and admits that it has read and understands this }
Agreement, that it has been fully advised and represented by
counsel with respect to this Agreement and all negotiations giving
rise to this Agreement and that it has fully discussed this
Agreement and all of its terms, consequences and ramifications with
its respective counsel.
4 . Further Coonerat on. The parties agree to execute,
acknowledge, if appropriate, and deliver any document and cooperate
in performing any acts in any reayuuable manner to effect or
implement the terms and conditions of this Agreement.
5 . Authority to Execute. This Agreement is entered into by
the undersigned parties freely and voluntarily, and without duress
or coercion.
6. Successors and Asti ns. This Agreement shall be binding
upon and shall inure to the benefit of the parties hereto and their
respective heirs, personal representatives, successors and assigns.
7. Integration. This Agreement and other documents
expressly incorporated herein by reference contain the entire and
exclusive understanding and agreement between the parties relating
to the matters contemplated hereby, and all prior or
contemporaneous negotiations, agreements, understandings,
representations and statements, oral or written, are merged herein
and shall be of no further force or effect.
8. Modifi.cations . Any alteration, change or modification of
Or to this Agreement, in order to become effective, shall be made
by written instrument or endorsement thereon and in each such
instance executed on behalf: of each party hereto.
49771014034-W01/3051509.1 sWI20/97 -2-
9 . ALtprne• Fees. Except as otherwise expressly provided
herein, each party shall be responsible for its own costs and fees
incurred in ContreCtion with any of the litigation described in this
Agreement and in connection with the preparation and execution of
this Agreement. In the event any action is brought between the
parties hereto seeking enforcement of ally of the terins and
provisions of this Agreement, the prevailing party in such action
shall be entitled Lo have and to recover from the other party
attorneys' fees and other expenses in connection with such action
or proceeding, in addition to its recoverable court costs.
IN WITNESS MIEREOF, the parties hereto have executed this
Settlement- and Mutual General Release Agreement- as of the date
first above written.
CI'i'Y OF PAL PRIWGS
a n1u cipal corpo t '
By:
City a er
"City"
ATTEST:
By;�_
U1�erk
APPROVED AS TO FORM:
City MtOrney
2fi-
YlY-,
PT1H�G1LB5RT
"Gilbert"
49710140MOW1lr061509.1 aWI20/97 -3-
EXHIBIT "A"
(LIFT AGI(EsEMENT
This Gift Agreement ("A(4reement") is made as of
1997, by and between PAUL GILBERT ("Donor") and the CITY OF PALM
SPRINGS, a municipal corporation ( "City") .
Pursuant to that certain Settlement and General Release
Agreement by and between Donor and City dated , 1997,
Donor does hereby irrevocably and unconditionally gift, transfer,
assign, convey and deliver, free of encumbrance, unto the City, its
successors and assigns, absolute and unconditional ownership in all
that certain property described as follows (the "Property") :
Property Description:
(Include name, artist, date, description, and location if
item is not being physically delivered to City. )
r
To have and to hold all such Property unto the City, its successors
and assigns forever.
Donor hereby represents and warrants to the City that Donor
owns unencumbered title to the Property and has the right, title
and authority to gift and convey the Property to the City by this
Agreement. Donor hereby assigns, transfers and conveys to the City
all warranties, indemnities, agreements, covenants and actions
owned by Donor with respect to the Property or which were obtained
from the artist in relation to the Property. To the extent that
Donor owns, possess or controls the copyright to the Property,
Donor hereby transfers, conveys and assigns to the City (i) any and
all copyrights to the Property; (ii) all rights to royalties
resulting from the Property; and (iii) the right to make
reproductions and photographs or other renderings of the Property
for both commercial and non-commercial purposes.
EXHIBIT "A„
TO SETTLEMENT AND MUTUAL GENERAL RELEASE AGREEMENT
4971014094-000IOM1509.1 &U3170 7
1�
IN WITNESS WHEREOF, Donor has executed thla Agreement as of
the date first above written.
SIGNATURE OF DONOR:
PAUL GILHER'1'
ACCEPTANCE
The City of Palm Springs hereby accepts the Property pursuant
to the foregoing gift.
CITY OF PALM SPRINGS, a municipal
corporation
By:
Its:
The City will not provide or assume responsibly for any tax
consequences resulting from Lhe foregoing transfer of the Property, +�
nor will the City of Palm Springs provide or assume responsibility
for appraisals for tax deduction or other purposes.
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4Q71UIM1Os1-00(1�/306n09.] e07110!°1
+� Paul Gilbert
Gift Agreement
QIFT AQ1304WIT AGREEMENT #3788A
CM Signed 4-16-97
This GILL' Agreement ("Agreement") is made as vl: arnn ifi—, --
1997, by atld between PAUL, GILBERT ( "Do))or") and the CITY OP PALM
SPRINGS, a municipal corporaL-iou ( "Clty") •
PursuauL to that certain SetLieme)rt and General Release
.Agreement by and between honor and City dated March 26 , 1997,
Dotlor sloes hereby irrevocably atld uncortditionally gift, transfer,
assiyu, convey and deliver, free of encumbrance, unto t-he City, its
suecessors and assiyns, absolute and uticw)dltiooa:I. ownership in ali
that certaitl property described as follows (the "Property") :
Proporty Desoriptiot):
(Itwlude name, artist, date, descriptlou, and location if
item is )tot beitiy physically delivered to City. )
"AFTER THE RAIN"
Acrylic on Canvas by Snake Jagger r,
To have and to hold all such Property unto the City, its successors
and assigns forever.
Donor hereby represents and warrar)ts to the City that Uvnor
owns ut)eneumbered title to the Property and has the right, title
and authority to gift aid convey the Property to the City by this
Agreement. Donor hereby assigns, transfers and conveys to the City
all warranties, :illdemuiLi.eS, agreements, covenants axxd actions
owned by Donor with revpect to the Property or whioit were obtained
from the artist iu relation to the Property. To the extent that
Donor ow11S, possess or controls the copyright to the Property,
Dono): hereby LransLers, conveys and assigns to the City (1) any and
all ropyrights to the Prvperty; (11) al.1 rights to royalties
resulti)ty from Lite Property; and (Iii.) the right to snake
rep.roductious anti photographs or other renderings of the Property
for both commercial and non-conunercial purposes.
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TO SE'1"TLEMEN'1' AND MUTUAL GENt;I2AL RELEASE AGREEMENT
�a7/017�a4�UL9uG1S09.1 �0.U7919/
r
IN WITNESS WFIMEOF., Donor has ex uted th � g enlent as f
the date first above written.
SIGNMURR OF DONOR: :1:12
✓ ��
�VnUL GGIbBCT1
ACCFPTANCR
The City of Palm Springs hereby accepts the Property pursuant
to the foregoing gift.
ATTEST: CITY OF PALM SPRINGS, a Cipal
corpora 'on
By,
City Clerk
Its:
The City will not provide or assmue reapousibly for any tax
Cougeliueuces resulLing from Lhe foregoing transfer of the Property,
nor will the City of Palm Springs provide or assume responsibility
for appraioals for tax deduction or other purposes.
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