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SETTLEMENT AND RELEASE AGREEMENT <br />This Settlement and Release Agreement ("Agreement") is entered into by and between Allan L. <br />and Peggy.J. McCall ("McCall") and City of Redlands ("Redlands") who are sometimes referred to herein as <br />the "Parties." <br />RECITALS <br />A. McCall alleges that onOctober 22.2OO1and again onOctober 24'2O01,sewage overflows <br />from Redhands'swxvemsoccurred intheir home located et 2O2West Palm Avenue, Redlands, California. It <br />is further alleged that the incidents caused damage to their real property. Aseresult ofthese alleged <br />sewage overflows, McCall filed Tort Claims ("Claims"), with Redlands for damages allegedly sustained by <br />B. It is the intention of the Parties to resolve and settle their dispute and to discharge all <br />claims, demands, causes of action, obligations, damages and liabilities each Party mayhave againstthe <br />other that arises from, orare related to, the incidents, which are the subject ofthe Tort Claims filed by <br />McCall with Redlands. <br />C. This Agreementksoconnprorniseoftheclaimsand|iabi|iUesasser&edbytheParbesand <br />shall not betreated asanadmission ofliability byany Party, <br />1. The Parties acknowledge that the Recitals are true and correct and incorporate the Recitals <br />into this Agreement. <br />2. Redlands shall pay to K4oCaU the sum of Seven Thousand Three Hundred Seventy -Nine <br />Dollars and Eighty-five Cents ($7,379.85)within fifteen (15)days from the date Redlands <br />has executed this Agreement. The payment shall be made by check payable tnAllan L. <br />3. The Parties shall bear their own attorneys'fees and costs incurred in connection with the <br />4. McCall, onbehalf ofthemselves and their respective agents, attorneys, representatives, <br />assigns, heirs and suocessons-in'{ntenssthereby releases and forever discharges Redlands, <br />and its Councilmembers, agents, attorneys, officers, employees, representatives, assigns <br />andauoceesooS'in'int8nastfn}nnanyandG/lC/minnS,CauSae0facUUn,action8.d8rnages. <br />losses, demands, accounts, rights, debts, |iabi(/ties.obligot/ons,diGpu18a,ControverS/es. <br />payments, cuaba and attorneys' fees, of every kind and charact8r, known or unknown, <br />existing orcontingent, latent orpatent, regarding any matter ar|singfn)rnorrelated tothe <br />