Contracts & Agreements_38-2016 - Laserfiche WebLink

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AGREEMENT OF SETTLEMENT AND GENERAL RELEASE 1. PARTIES: The parties to this Agreement of Settlement and General Release ("Agreement") are Sheldon Alechman ("Plaintiff'), and City of Redlands ("Defendant"). 2. RECITALS: This Agreement is made with reference to the following facts: 2.1 Certain disputes and controversies have arisen between the parties. 2.2 Such disputes and controversies include, but are not limited to, the claims, demands and case or causes of action arising out of the fatal accident involving Sandra Alechman ("Accident") and/or as set forth by the parties in a civil action pending in the San Bernardino County Superior Court and entitled Sheldon Alechman v. City of Redlands, et al., Case No. CIVDS 1210203 ("Action"). 2.3 It is the intention of the parties 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 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: Within 30 days after the complete execution of this Agreement, Defendant or its insurer shall deliver to Plaintiff the aggregate sum of One Million Two Hundred Fifty Thousand Dollars ($1,250,000) via checks made payable as follows: $1,220,905 payable to Sheldon Alechman and Robinson, Calcagnie, Robinson, Shapiro &Davis, and$29,095 payable to Optum. Each side shall bear their own fees and costs incurred to date. Upon receipt of settlement funds, plaintiff shall forthwith file an Acknowledgment of Full Satisfaction of Judgment and deliver a conformed copy of same to counsel for defendant City of Redlands. 5. GENERAL RELEASE: In consideration of the mutual general releases contained herein, and for other good and valuable consideration, the receipt of which is acknowledged by each party, 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 party releases, remises and forever discharges each other party from any and all claims, demands and cause or causes of action existing as of the effective date and arising out of, Agreement of Settlement and General Release Page 1