Claiborne v City of Redlands Settlement Agreement

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AGREEMENT OF SETTLEMENT AND GENERAL RELEASE 1. PARTIES: The parties to this Agreement of Settlement and General Release ("Agreement") are Stanley Claiborne ("Plaintiff'), and City of Redlands and Officer Vamum Macias ("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 United States District Court and entitled Stanley Claiborne v City of Redlands et al., Case No. 5:22-cv-01287-DMG-SK. 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, Defendants shall pay to Plaintiff, the aggregate sum of TWENTY THOUSAND Dollars ($20,000.00) in a check made payable to Geragos & Geragos IOLTA account for immediate disbursement to Plaintiff Stanley Claiborne and any lien holders, 5, GENERAL RELEASE: In consideration of the mutual general releases contained herein, and for other good and valuable consideration, the receipt of which is aclmowledged 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 patty 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. 5.2 Each party to this Agreement specifically waives the benefit of provisions of Section Agreement of Settlement and General Release Page 1 of 4