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Home My WebLink About6616 1 RESOLUTION NO. ~~;'~ 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREEMENT 3 BETWEEN THE CITY OF SAN BERNARDINO AND BUREL A. LITTLE. 4 II BE IT RESOLVED BY THE MAYOR AND COMION COUNCIL OF THE CITY I 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION ONE: That the City of San Bernardino execute a "f 7 Settlement Agreement with DARREL A. LITTLE, whereby DARREL A. LITTLE 8 agrees to make monthly payments to the City of San Bernardino for 9 property damage, 10 SECTION TWO: That the said Settlement Agreement referred to II herein, a oopy of whioh is attached hereto marted Exhibit "A" and 12 is hereby referred to and made a part hereof as fully as though set 13 out at length herein, is hereby approved. I 15 lis hereby authorized and direoted to execute said Settlement Agree- ~TION THREE: That the Mayor of the City of San Bernardino 14 16 ment on behalf of the City of San Bernardino. 17 I HEREBY CERTIFY that the foregoing Resolution was duly 18 adopted by the Mayer and Common Council of the City of San Bernardino 19 eeting thereof, held on the / U day , 1963, 20 21 22 NOES: ,"72:;t?// ABSE ~~ 4I~~ ,!?, a;;-~~ (~ City Clerk 23 24 25 26 The foregoing Resolution is hereby approved this ~~day , 1963. 27 of ty of San Bernardino 28 29 30 31 o 32 i i" .XHIBIT "A" i /.1. l~~ S.T~~.' AGREEMKNT fbi. AI~eement exeouted b1 Ind becween narrel A. Little , bereiDatter regerred to 8S First Party, and ". ." - - the 01t7 at SJA 1'r.Dardlno, A l~lo1pal Corporation existing under and by Ttrt~. of th' .IW. ot the It.te ot California, hereinafter referred to a. 8eooa4 'artf, thia d&y ot , L9 in tbe C1t1 ot San lernardino, ~tat' of California. 1ftJ",a, on Or about th. 21st day ot November ,19 62 , a col11.io. in tbe Tlciuity ot Baseline and "G" Street, Sa. Ber.ardi.., . took place between a certain ". lQ~7 P17~~~~h automobile th'A and there being driven by the Firat Part1 aa4 oertain property o~,4 Df the Second Party which certain pro- pert, a. a dlreot an4 proxi..t' r.lult thereor was damaged; and IBIRlA8, a. a turther dlr,ot and proximate result ot .aid col11eion on. Nq~e , sustained certain Doaily and other pay.ioal and mental inJuri.e, and WHI!IAS, the ..id at tAe t1a. ot .ald COlli_ion wae an employee, agent and/or official ot the Seoond lartf wbo waa tA.n and there acting within the scope ot hl1 autberit1 &Ad/or .mployaent, and WBlRHAS, tht Second Part1 as the employer and/or principal of tne .ald lnJured partf Waf obli.ed to and did incur various expenses for the ..410al and Aoapital oa~e and treatment of said injured agent, employ.e or otfiol.1 and waa obliged to and did incur sundry other expe~'e' in oonneotlon therewitb and necessary. theretor; and WHJRSAS, tne ~'Qond Partl 1. forbearing to bring suit against the Piret 'arty tor ju.t compeneat1on for injur1es and damages so sustained , and tor necessary expense. .0 1nourred; IOW, THlREPORE, ~n conaideration ot the premises and of the mutual pro.1s.e and covenants heroin, the First Party, ror himself, his admin- 1atrator. and aSligns, doo. hereby agree to pay the Second Party, by way or liquidated daaageQ only and not by way of penalty or forfeiture, and in o..plote aettl..ent of tne 01a1m of tne Second Party against the 'lrat Party hereund,r, the IUS ot . 438.36 tor the aamage. so sustained and ter expen.e. 80 incurrtd without prejUdice, however, to tne right ot r.~11(G~Dia None _ 1 - anyone a~,taining personal in~ur1e. in said collision to 1nsti"ute what- e?er prQo"4inga or to enforoe wnatever 01a1m that the saj,d :l.nJured party or partie. ..y have against ~e first Par"y nere~n or against any and all perl!!on. wllo may 08 ln any w1.e 'Qe hela L'espons101e .lor tne coll1sion ln question or !o~ any injuri.. to person or property sustained oy him. It 1. further understood ~nd agreed that "ne payment of the foregoing sum 07 way ot liqui~ated d"-Cel is to be made in montn~y installments of . 15.00 , tne first Of which insta!lment 1s to be paid on the 18th day of Januarr, ~963 ,and thereaIter 1nlltalllllents shall be paid month~y in the 8~e awount on tne same day of e~ch succ.eQing montu, ~rQV~G!a, Aowev.r, tUat any oalance unpaid thirty months from the date ef the exeoution of th1e in8trument, no matter 1n what way said unpaid balance ..y have ar18en, and any other provision or condition of this instruaent to the oontrary notw1thstanding and notwithstanding any other legal or equitable right. or remedies available to the Second Party here- under, .hall at the expiration of said thirty-month period forthwith become due andpa7abh in its entirety. It 1. further understood that in the event of default in the paya.nt of anT installment as herein provided or in the event of default in the payment of any other sum as provided in this agreement, the Second Part1 .ay at its option at any time declare the entire balance thereof tortnwitn due and payable and institute proceedings in a court of law or equ1t1 to recover laid entire balance with interest and court costs, reasonable o.llection expenses and reasonable attorney's fees incurred in conneotion therewith. The failure of the Second Party to declare the entire bal~o' to be due and payable in the manner hereinabove set forth in one Or more iustances er the eubsequent cancellation or withdrawa~ of such declaration in e.. or more instance. ehall be w1thout prejudice to the right of the Sece.d Party to exercise said option with regard ~o any default that ..y occur therea~ter. It is understood and agre~d that the execution of this instrument by either the first Party or the Second Party her~to, or by both partiee, shall be without prejudice to the right of the Second Party to bring euit or otherw1se proceed. at law or 1n equity, againet any other party who may in an7 wis. be responsible for any damages or injuriee euetained by the Second - 2 - Party 1>> OOAo,qUtnC' 01 tb, colli.ion in qu~~tio, or for any expenses 1ncurre by the Seoond '.rty in oon>>.oot1on therewith or in pursuance thereof. And any sum or sum. recovered by the Seoond Party herein from such third pHrty or third partie., whether in con8e~uenoe of a lawsuit or otherwise, shall in no wise b. d.emed a reduotion of the amount or amounts due the Second Party from the Pirst Party under the terms ~.a conditions hereof. This Settlement Alr.ement 8hall be binding upon and for the benefit of ~he Parties hereto and their respeotive heirs, successors and assigns. It ie further understood and agreed by and between the Parties hereto that the facta in r'3peot of whioh the settlement herein is made may turn out to be other or different fro. the taots in that conneotion now known by either of them or believed by either of them to be true, and each of the undersigned expresely aooepts and assumes the risk of the facts turning out to be SO ditterent, and each ot the Parties hereto agrees that this Settle- ment Agreement and any and all other documents sxecuted by e1ther one or both of the Parttee in pure~anoe thereof shall in all respects be effeotive and not subject to termination, reeaession or modification by any such difference. in !aote. II WITlESS WHBREO', the partiee hereto have set their hands at , California, the day and year first above written. CITY CLERK Isl Darrel A. Little PIRST PARTY CITY OP SAN ~ERHARDINO Donald G. Mauldin Isl IIXXllXIIXtllXllX SECOND PARTY ATTEST' IsI Jack T. Felton STATE 0' CALIPOaNIA COUWTY 0' SAI BERNARDINO o. the 10th day of ) ) 88 January , 19 63 , oefore me - ru"~11p t:nf'9Tth , a notary pUOlic in and for the above State and County, pereonally appeared narrel A. Little , the "Pirst Party" tn the toregoing instrument, known to me to be the person whoss signature ie aubscribed thereto &S 8uch "Pirst Party", wno aoknowledged to me that he did so exeoute the .ame as hie own free act and deed. Isl Lucille Goforth Notary Public in and for said County - '3 -