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Home My WebLink About7564 - .. .. 10 . 1 I .. . 1 RESOLUTION NO. ..;..;;fZ~1 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SETTLEMENT 3 AGRE&~NT BETWEEN THE CITY OF SAN BERNARDINO AND EDWARD R. CALVIN. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION ONE: That the City of San Bernardino execute a 7 Settlement Agreement with EDWARD R. CALVIN, whereby EDWARD R. 8 CALVIN agrees to make monthly payments to the City of San Ber- 9 nardino for property damage. SECTION TWO: That the said Settlement Agreement referred 11 to herein, a copy of which is attached hereto marked Exhibit "A" 12 and is hereby referred to and made a part hereof as fully as 13 though set out p.t length herein, is hereby approved. 14 15 16 18 20 21 22 SECTION THREE: That the Mayor of the City of San Bernar- dino is hereby authorized and directed to execute said Settlement ~greement on behalf of the City of San Bernardino. 17 I HEREBY CERTIFY that the foregoing Resolution was duly 19 adopted by the Mayor and Common Council of the City of San Ber- nardino at a ..h 12. 4-r~&,-i/ ftflu' ~ day of '- ~~taA/.<?>:J,965, AYES: j-- ! J...-. ,.~ meeting thereof, held on the vo e,to-wit,~/ " tf.~ NOES: :l2?A.<' / 23 24 (Jt-/I fT' r:. . ,Z Ch../~ City Clerk 25 h' ~, / The foregoing Resolution is hereby approved t ~s ,,,,,'-,,,~.-< /;L hjr ,1965. / ~""--'(.~ Ai r~,ctL ' ~~ayor of 'the City of San Bernardino 26 day of', 27 28 29 30 APPROVED AS TO FORM: ~' Q . #/~ C, ty Attoxney 21966 ~' O:'C ':I~, f:' 31 32 :f~.-lJ ;.h\.liK T~ J:f'.1~1..:.;.\.JL.iJ GllYC!:1:~: C>'G+d.4: .,tS,-~7 ....D:""'I . ~ . . ."~ . , SETTLEMENT AGREEMENT Th1~ Agreement executed CAJRI. hereinafter referred to as First Party, and -........, the City of San Bernardlno, A Municipal Corporation existing under and by virtue of the laws of the State of California, hereinafter referred to as Second Party, this day of , 19 , in the City of San Bernardino, State of California. WHEREAS, on or about the 2kd. day of lIO'NIlflu, 19 M a collision in the vicinity of 1200 ... t'bUt'thei: laD ~1no. cal1foraia took place between a certain 1951 Cbcyel.~ automobile then and there being driven by the First Party and certain property owned by the Second Party which certain pro- perty as a direct and proximate result thereof was damagedj and WHEREAS, as a further direct and proximate result of said colliSion one -- , sustained certain bodily and other physical and mental injuries; and WHEREAS, the said -- at the time of said collision was an employee, agent and/or official of the Second Party who was then and there acting within the scope of his authority and/or employment; and WHEREAS, the Second Party as the employer and/or principal of the said injured party was obliged to and did incur various expenses for the medical and hospital care and treatment of said injured agent, employee or official and was obliged to and did incur sundry other expenses in connection therewith and necessary; therefor; and WHEREAS, the Second Party is forbearing to bring suit against the First Party for just compensation for injuries and damages so sustained and for necessary expenses so incurred; NOW, THEREFORE, in consideration of the premises and of the mutual promises and covenants herein, the First Party, for himself, his admin- istrators and assigns, does hereby agree to pay the Second Party, by way of liquidated damages only and not by way of penalty or forfeiture, and in complete settlement of the Claim of the Second Party against the First Party hereunder, the sum of. 25.00 for the damages so sustained and for expenses so incurred without prejudice, however, to the right of , \ ... 1 - eo . e I\"" . . anyone sustaining personal injuries in said collision to institute what- ever proceedings or to enforce whatever claim that the said injured party or parties may have against the Fir~t Party herein or against any and all persons who may be in any wise be held responsible for the collision in ~" question or for arty injuries to person or property sustained by him. It is further understood and agreed that the pa.yment of the foregoing sum by way of liquidated damages is to be made in monthly installments of $ 1.00 , the first of which installment is to be paid on the 18th day of 3aRHa.v , 19~ and thereafter installme~ts shall be paid monthly in the same amount on the same day of each succeeding month) provided, however, that any balance unpaid thirty months from the date of the execution of this instrument, .no matter in what way said unpaid balance may have arisen, and any other provision or condition of this instrument to the contrary notwithstanding and notwithstanding any other legal or equitable rights or remedies available to the Second Party here- under, shall at the expiration of said thirty-month period forthwith become due and payable in its entirety. It is further understood that in the event of default in the payment of any installment as herein provided or in the event of default in the payment of any other sum as provided in this agreement, the Second Party may at its option at any time declare the entire balance thereof forthwith due and payable and institute proceedings in a court of law or equity to recover said entire balance with interest and court costs, reasonable collection expenses ,nd reasonable attorneyis fees incurred in connection therewith. The failure of the Second Party to declare the entire balance to be due and payable in the manner hereinabove set forth in one or more instances or the subsequent concellation or withdrawal of such declaration in one or more instances shall be without prejudice to the right of the Second Party to exercise said option with regard to any default that may occur thereafter. .,. . It is understood and agreed that the execution of this instrument by either the First Party of the Second Party hereto, or by both parties, shall be without prejudice to the right of the Second Party to bring suit or otherwise proceed, at law or in equity, against a.ny other party who may in any wise be responsible for any damages or injurias sustained by the Second - 2 - ... , - , - . , ,.~ . ;. " Party in coneequence of the collision in question or for any expensss w incurred by the Second Party in connection therewith or in pursuance thereof. And any eum or eurns recovered by the Second Party herein from such third party or third parties, whether in consequence of a lawsuit or otherwise, ehall in no wise be deemed a reduction of the amount or amounts due the Second Party from the First Party under the terms and conditions hereof.. This Settlement Agreement shall be binding upon and for the benefit of the Parties hereto and their respective heirs, successors and assigns. It 1s further understood and agreed by and between the Parties hereto that the facts in respect of which the settlement herein is made may turn out to be other or different from the facts in that connection noW known by e1ther of them or believed by either of them to be true, and each of the undersigned expressly accepts and assumes the risk of the facts turning out to be different, and each of the Parties hereto agrees that this Settle. ment Agreement and any and all other documents executed by either one or both of the Parties in pursuance thereof shall in all respects be effective and not subject to termination, rescession or modification by any such differences 1n facts. IN WITNESS WHEREOF, the parties hereto have set their hands at ... ........t.... , California, the day a year first above written. ATTEST: r?f'oM~~ STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On the day of ~O, SAN~O . ~ e-.{ It i.' fJZ -- ) ) Sll , 19____, before me , a notary public in and for the above State and County, personally appeared , the hfirst Party" ~n the.foregoing-inetrurnept, known to me to be the person WhOse signature is subscribed thereto as such "First Party", who acknowledged to me that he did eo execute the same as his own free act and deed. Notary ~ubfic in and ~or salddounty ~ ) -