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Home My WebLink About7553 1 2 3 4 5 6 1: 7 8 , , 9 10 11 12 13 14 ; 15 16 i 17 , 18 19 , 20 I 21 22 23 24 I 25 26 27 , I 28 , 29 30 ! 31 i , 32 .. . . . RESOLUTION NO. /-'>;~~-:?: A RESOLUTION OF 'rHE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREE MENT BETWEEN THE CITY OF SAN BE~~ARDINO AND JOSE LUIS ALVARADO. C BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT- OF SAN BERNARDINO AS FOLLOWS: SECTION ONE: That the City of San Bernardino execute a Settlement Agreement with JOSE LUIS ALVARADO whereby JOSE LUIS ALVARADO agrees to make monthly payments to the City of San Ber- nardino for property damage. SECTION TWO: That the said Settlement Agreement referred to herein, a copy of which is attached hereto marked Exhibit "A" and is hereby referred to and made a part hereof as fully as though set out at length herein, is hereby approved. SECTION THREE: That the Mayor of the City of San Bernar- dino is hereby authorized and directed to execute said Settlement Agreement on behalf of the City of San Bernardino. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Ber- nardino at a,p(J_ ;!,..u^".-JJ!)" ..I.,i~eting thereof, held on the /~ / day of y-)r.(l;~~/J..fA'I' l;~, by the following vote, to-wit: AYES :r:::'//d/(2/N /~n''' .,./~/__L/.,,-/ J df/"{' ;d~>L~1" Ll~~ ' I NOES: :/'.,rf.I'.//./' ABSENT: ;;?~.r c.. / d~ The foregoing Resolution is hereby approved this </;r/ / iT' r:::. ~ .......-',i"b,. . City Clerk day of '" //-/~;;1///Jt4 ~ ,1965. ~-,.1 k.......", ", ~~r Of the City of San Bernardino APPROVED AS TO. FORM: a~/- ~'Cf~7' ci tyttorney. ~j r:~ ~ ~ to,,-.""'" \' , / /.,,p / ~C;J#.'~-hU./ ~ r , . . r? _~ SETTLEMENT AGREEMENT This Agreement executed by and between .,.. una AIRMADO , hereinafter referred to as First Party, and the City of San Bernardino, a Municipal Corporation, existing under and by virtue of the laws of the State of California, hereinafter refer- red to as Second Party, this lIIit day of hkuuy 19~, in the City of San Bernardino, State of California. WHEREAS, on or about the 1_.. .... -.. M ~~ day of , 19___, .lath ad ......., Ian "lmUC11Do, a collision in the vicinity of Ca11fonla 1910 CbeVI'OlIIit took place between a certain 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 damaged; 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, emp- loyee or official and was obliged to and dn 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 -1- "'" . . Party hereunder, the sum of $ 110..1 for damages so sustained and for expenses so incurred without prejudice, however, to the right of 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 First Party herein or against any and all persons who may be in any wise held responsible for the collision in question or for any injuries to person or property sustained by him. It is further understood and agreed that the payment of the foregoing sum by way of liquidated damages is to be made in monthly installments of $ 10.00 , the first of which installment is to be paid on the t.~ day of ~ , 1965 , and thereafter installments 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 un- paid 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 payble 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 interes.t and court CGsts, reasonable CGl- lection expenses and reasonable attorney's 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 cancellation 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 or the Second Party hereto, or by both parties, shall be without prejudice to the right of the Second Party to bring suit -2- r . . . or otherwise proceed, at law or in equity, against any other party who may in anywise be responsible for any damages or injuries sustained by the Second Party in consequence of the collision in question or for any expenses in- curred by the Second Party in connection therewith or in pursuance thereof. Any sum or sums recovered by the Second Party herein from such third party or third parties, whether in consequence of a lawsuit or otherwise, shall 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 is 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 either 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 effec- tive and not subject to termination, res cession or modification by any such differences in facts. IN WITNESS WHEREOF, the parties hereto have set their hands at au IUnUdlno . California, the day and year first above written. ~ '-It~ tl;J; ~~ "First Party BY'~Cr$,-- City Clerk CITY OF SAN BER~~DINO ~_..." ~ ~d"'~~ Second Party ... ATTEST: -3- ... : , , . . STATE OF CALIFORNIA ) ) ss COUNTY OF SAN BERNARDINO) On the la~ day of hbnary , 19~, before me Lucille Goforth , a notary public in and for the above State and County, personally appeared .JOB LVII AWU_ the "First Party" in the foregoing instrument, known to me to be the person whose signature is subscribed thereto as such "First Party", who acknowledged to me that he did so execute the same as his own free act and deed. ,_!:~'''~ S~,f-y:h Mv C')mm:s:'_;'I~ . : "(;';c' ".,~r~:l 29, 1967 -4-