CONTRACT 4318 Settlement AgreementJ At
SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
THIS SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS (the
"Agreement ") is made and entered into as of the 14th day of August , 2012, by and
between the EL CAMINO COMMUNITY COLLEGE DISTRICT, a community college
district organized and existing under the laws of the State of California ( "District "), and
the CITY OF EL SEGUNDO, a municipal corporation ( "City ") (all collectively referred
to herein as the "Parties "), for the purpose of amicably resolving, settling, and releasing
all disputes and claims arising out of or relating to the hereinbelow referenced Dispute.
RECITALS
A. A dispute arose between the Parties concerning the City's claim for
payment for services of the El Segundo Fire Department to District's Fire Technology
150 Program, Section #7855, starting on 9/26/2011 and ending on 01/27/2012 ( "the
Dispute ").
B. The Parties each recognize that further prolongation of the Dispute among
themselves will require substantial time, effort, and expense unless such Dispute is
settled and terminated among them at this time.
C. To avoid the uncertainties and expense of further, the Parties have reached
a full and final settlement of all claims, demands, and /or causes of action which the
Parties have had, have or may have, relating to or arising out of the Dispute. The Parties
have memorialized that settlement in writing in this Agreement.
NOW, THEREFORE, in consideration of the facts recited above and the
covenants, conditions, and promises contained herein, the Parties hereby agree as
follows:
1. Settlement Provisions.
1.1 The District shall pay to the City of El Segundo the sum of Nine Thousand
One Hundred and Ninety -Seven Dollars and Fifty Cents ($9,197.50) within thirty (30)
days of execution of this Agreement by all Parties.
1.2 The Parties shall each bear their own costs and attorneys fees in connection
with the Dispute and this Agreement.
2. Mutual Releases. The Parties, on behalf of themselves and their
principals, insurers, sureties, officers, directors, employees, agents, attorneys, and other
representatives, hereby forever release, discharge and acquit each other and their
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respective principals, insurers, sureties, officers, directors, employees, agents, attorneys,
and other representatives, from any and all claims, costs and obligations of every kind,
known and unknown, matured and unmatured, now existing or arising in the future, of
any kind or nature whatsoever, arising out of or in any way relating to the Dispute.
3. Civil Code Section 1542 Waiver.
It is understood and agreed that the releases contained herein extend to all claims
of every nature and kind whatsoever, known and unknown, and there is expressly hereby
released with regard to such claims all rights under 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
OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
The Parties hereby waive any and all rights they may have under Section 1542 as
it presently reads or as it shall hereinafter be amended. In connection with this waiver,
the Parties acknowledge that they are aware that they may hereafter discover claims
presently unknown or unsuspected or facts in addition to or different from those they now
know or believe to be true with respect to the claims released herein. Nevertheless, they
intend through this Agreement to release fully, finally, and forever, in the manner
described herein, all claims released herein. Accordingly, the release shall remain in
effect as a full and complete release of the claims released notwithstanding the discovery
or existence of any such additional facts or different claims relating thereto.
4. No Admissions. This Agreement and the negotiations preceding it are not
intended to be, nor shall they at any time be, deemed, construed or treated in any respect
as an admission of liability by the Parties for any purpose.
5. Construction. This Agreement shall be interpreted and governed by the
laws of the State of California and shall be construed as if drafted by the Parties, and each
of them.
6. Warranty of Authority. Each person who signs on behalf of any party
hereto by affixing his or her name below thereby warrants and represents that he or she
has the full legal authority to bind his or her respective party to all of the terms,
conditions and provisions of this Agreement, that- his or her respective party has the full
legal right, power, capacity, and authority to enter into this Agreement and perform all of
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the obligations herein, and that no other approvals or consents are necessary in
connection therewith.
7. Amendments. This Agreement may not be modified, amended or altered,
except in a writing signed by each of the Parties.
8. Complete Agreement. This Agreement is intended by the Parties as a
final expression of their agreement and is intended to be a complete and exclusive
statement of the agreement and understanding of the Parties hereto in respect of the
subject matter contained herein. There are no restrictions, promises, warranties or
undertakings, other than those set forth or referred to herein. This Agreement supersedes
all prior agreements and understandings between the Parties with respect to such subject
matter. This Agreement may be signed in counterparts, and a copy signed by facsimile
shall have the same effect as an original.
9. Successors and Assign . This Agreement shall inure to the benefit of, and
be binding upon, each of the Parties, and their respective heirs, assigns and successors in
interest.
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the
date first written above.
Date: d
Date: _
EL CAMINO COMMUNITY COLLEGE DISTRICT
By: �...ry
Rocky Bokhura °"
Director, Business Services
APPROVED AS TO FORM:
PARKER & COVERT LLP
3
E. Covert
for El Camino Community College District
NAUDITSWire Tech 150 \Settlement Agreement \Settlement Agmt El Segundo - Rev_2012- 0829,docx
Date: � i % EL SEGUNDO FIRE DEPARTMENT
Date:
Date:
By:
Chief Kevin Smith
Fire Chief
APPROVED AS TO FORM:
By;
p
Attorney for tl e ,ity cif° 1 Sedum
CIT`.
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