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RESOLUTION NO. _~J(~~__
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND PAUL H. ZIEGLER AND MARY
ZIEGLER,
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Settlement Agreement with PAUL H. ZIEGLER AND MARY ZIEGLER, whereb1
PAUL H. ZIEGLER AND MARY ZIEGLER agrees to make monthly payments
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION ONE:
That the City of San Bernardino execute a
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to the City of San Bernardino for property damage.
SECTION TWO: That the said Settlement Agreement referred
12 to herein, a copy of which is attached hereto marked Exhibit "A"
13 and is hereby referred to and made a part hereof as fully as
M though set out at length herein, is hereby approved,
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SECTION THREE: That the Mayor of the City of San Bernardino
16 is hereby authorized and directed to execute said Settlement
17 Agreement on behalf of the City of San Bernardino,
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I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the Mayor and Common Council of the City of San Bernar-
di no at a ~~t~ meeting thereof, held on the 3.
day of --d'~W'ic~____, 1963, by the following vote, 1D-wit:
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AYES: ~~?V ~-<'C'''>>''{~'''--rJ~~~~~~-'-~..:~'
NOES: ~________________~ABSENT: C~"2~~rv2:~~~
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(k~~6C', y 1 e7}:.1,,~
is hereb~/approved t ;is _5{~'''t:f
of _~n:~~s::::~on
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APPROVED AS TO FORM: :
_ ~~~~Bi~
~i~ttorney
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Mayor'of t
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SETTLEMENT AGREEMENT
thi, A~ree='nt executed by and becween
, bereinafter regerred to as First Party, and
,
the Oity ot San ~.rnardino, A Munieipal Corporation existing under and
oy virtue or the !aWH ot the State of California, hereinafter referred
to a. Seoond 'arty, thi, day of
in tht City ot San Bernardino, 3tate of California.
Wft,lllLUl, on or /loout the ~; ..day of __,
a colli.ion in the vicinity of
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took place between a certain
automobile then and there Oeing driven by the Pirst
Part1 and oertain property owned by the Second Party which certain pro-
perty I. a direot and pro%iaate relult thereor was damaged; and
JHJREAS, al a further direct and proximate result of said collision
one , sustained certain ooaily and
other pny.ioal and mental injurie" and
WHEREAS, the laid
at tne time of laid COllision was an employe~, agent and/or official of
the S.oond Party who was tn.n and there acting within the scope of hil
authlrity and/or emplof=ent, and
WHEREAS, the Seoond Party as the employer and/or prinoipal of tne
.aid injured party wal obligea to and did incur various expenses for
the medioal and nospital Dare and treatment of said injured agent,
employ.e or official and was obliged to and did incur sundry otner
expen.e. in oonnectlon therewith and necessary; therefor; and
WHJRlAS, the seoond Party i. f~roearing to bring suit against the
Piret Party for just compensation for injuries and damages so sustained
and for necessary expense. sO inourred;
HOW, THERE PORE , ln conlidsration of tne premises and of the mutual
pro.is.s and covenants herein, the First Party, for himself, his admin-
istrators and assigns, dOls herlby agree to pay the Second Party, by way
ot liquidated damages only and not by way of penalty or forfeiture, and
in complete Bettlement of tne claim of tne Second Party against the Pirlt
Party hereunder, the sum of . for the aamages so sustained
and for expenlel 80 inourred without prejuaice, however, to tne right of
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anyone BU$tBining pers~nal injuri98 in stili ccllisioTI to 1nB~itute what-
ever proc.e01nga Dr to enfDrQ6 whatever claim that the Baid InJured party
or partlell _y have uga~nst the tir6t Party n"re.!.'l ur against any and all
persons wno may oe ~n aay wi,,!! be hola L't,SP0ullo.le lor tne collision In
question or fo~ any injuriell to persun or property sustained oy him.
It i$ f(.lrther un<lerBtood find ag!,,;;?Q tllat che paYlJlH't of the 1'0regoing
sum oy way of liquluate(l dlullagell 16 to oe nnde in montl1"Y ins"tallments of
. _, tne .rlr"t ot whj.ch 1nu1:;&J.lnent is co be paid on the
day of __ , "-'::1_. find 1:;herf,ar ter inl:nallments
shall be paid month~y in the same amount on tile same day of ed~h 6ucceea~ng
montu, p;rQvided, ~owever,tnat allY aalance ullpll.id thirty months from the
date of the execution of thi~ inatrument, no matter in what way said unpaid
balance may have arisen, and any other provision or condition of this
inetruaent to the contrary notwithstanding and notwithstanding any other
legal or equitable rights or rem,dies available to the Second Party here-
under, ehall at the 6xpiration of said thirty-month period forthwith become
due and payable in ita entirety.
It ia further underetood 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
aay at ite option at any time declare the entire balance thereof forthwith
due and payable and institute proceedingB in a court of law or equity to
recover aaid entire balance with interest and court costs, reasonable
collection expenees and reasonable attorney's fe~s incurred in connection
therewith. The failure of the Second Party to declare the entire balanoe
to be due and payaele in the manner hereinabove eet forth in one or more
iustancee or the subsequent cancellation or withdrawa~ of such declaration
in ..e or more instancee shall be without prejudice to the right of the
Sec..d Party to exercise said option with regard to any default that may
occur therea!ter.
It is understood and agreed that the execution of this instrument by
either the Pirst Party or the Second Party herl..to, or by both parties, shall
be without prejudice to the right of the Second Party to bring suit or
otherwiee proceed, at law or in equity, against any other party who aay in
any wiee be responsible for any damages or injuries sustained by the Second
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Party ill oOAoequence of the col11.10n in qllt'qtio, or for any expenses incurred
by the Second ;party in cOlUl.ection ther~wi th or ill pursuance thereof. And
any sum or sume recovered by the Second Party herein from such third pp.rty
or third pal'tiea, whether in conBBqllelH~e of a law8ui t or otherwise, shall in
no wise be deemed a reduotion of the ~mount or amounts due the Second Party
from the 1irst Farty under th", terma U.l'G CGnJ i tionl'! hereof.
This Settlement Agreement ahall O'l bindl.:~g upon and for the benefit of
~he Parties hereto and their respective he~rs, successorS and assigns.
It is further underatooo and agreed bY and between the Parties hereto
that the facte in re~pect of which the settlement herein is made may turn
out to be other or different trom the facts in that connection now known by
either of them or believed by e1ther of them to be true, and each of the
undersigned expressly acoepts and assumes the risk of the facts turning out
to be so 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 pursuanoe tbereof shall in all respecte be eftective
and net subject to termination, rescession or modification by any such
ditterence. in facts.
IX WITlESS WBBREOJ, the parties hereto have set their hande at
, California, the day and year first above written.
CITY OLERK
rIRST PARTY
~O'. ~;~,,"~J
SECOI>> ARTY
ATTESTI
STATE 01 CALIrO!BIA
COUNTY 01 SAX BERIARDINO
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OR the
day of
,i9 ,before me
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, a notary public in and for the above State
and County, personally appeared
, the "First Party"
in the foregoing inetrument, known to me to be the person whose signature is
aubscribed thereto &s such "Pirst Party", wno acknowledged to me that he did
so exeoute the .ame as his own tree act and deed.
Notary Public in and for said County
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