HomeMy WebLinkAbout6783
1
RESOLUTION NO. ~~~~___
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREE-
3 MENT BETWEEN THE CITY OF SAN BERNARDINO AND AGNES I. PIATT.
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 AGNES I. PIATT, whereby AGNES I, PIATT
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
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 at length herein, is hereby approved.
14
SECTION THREE: That the Mayor of the City of San Bernar-
15 dino is hereby authorized and directed to execute said Settlement
16 Agreement on behalf of the City of San Bernardino.
17 I HEREBY CERTIFY that the foregoing Resolution was duly
18 adopted by the Mayor and Common Council of the City of San Bernar-
19
dino at a'T,,-,
day of _~L
AYES:
meeting, thereof held on the ~L7~
20
21
22
NOES:
23
~'l -it /"~_
/~ ~-=-"-~"'-~---
/P City Clerk
24
25
26
The foregoing Resolution is hereby approved this ~~~__
_~_________' 1963.
27
day of
30
of San Bernardino
28
(
29
Mayor of
31
APPROVED AS TO FORM:
-u:~~-~~
~ Attorney
',~
.r.-:i
\'~i
t.1 ~:,,'" ,~..
~J
32
fe' ~" ') ,
'~ln f (., (}
i~Y}:3
.I"~.U" r. f.~LJ'~{)ji:ml"J,'G.'.jJr~
~r/1.
~___"~'C-L-E(c,, Z;-;"i!.
,
T
SETTLlKZBT AGREEMENT
1'h:h A~re'D1ent eXllcuhd by and bllcl'I'een
, hllr.in.tter regerred to as First Party, and
.
the Qit7 ot Sa~ >>tr.QRrdino, A MI1~io1pal Corporation existing under and
by virtue Qt the ~aw. ot the State of California, hereinafter referred
to a, Seoond '.rty, tnia day of , ~9
in tAt Oit1 ot San Bernaruino, State of California.
~JJAS, On Or Rbout the day of , 19
. colli8ion in the vicinity of
"
took place between a certain
automob1le then and there being driven by the Jirst
Part1 and oerta1n property owned by the Second Party which certain pro-
perty a. a direot and proxi..te re.l1lt thereor was damaged; and
WHlREAS, aa a further direct and proximate result of said colli.ion
one , sustained certain bOdily and
other pUYlioal and mental inJurie.; and
WHEREAS, the .aid
at tne time of laid col1ieion wal an employee, agent and/or official ot
the Seoond 'arty who was tn.n and there acting within the scope of hi,
auth.rit1 and/or employment, and
IH!REAS. the Second Party as the employer and/or principal of tne
eaid in~ur'd party waf oblis.a to and did incur various expenses for
the medioal and noepital oare and treatment of said injured agent,
employee or otticial and was obliged to and did incur sundry other
expe~.e, in oonnect1on therewith and necessary; therefor; and
WHlRlAS, tne SeDond Party 1. forbearing to bring suit against the
first Party tor just compensation tor injuries and damages so sustained
,
and tor necessary expenses sO inourred;
IOW, THBREPORE. 1n con.1derat1on of the premises and of the mutual
pro.ise. and covenants herein, the First Party, for himself. his ad.in-
i.trators and assigns, do.. hereby agree to pay the Second Party, by way
or liquidated damages only and not by way of penalty or forfeiture, and
in complete settlement of tne claim of tne Second Party agains" the Pirst
Party hereunder. the sum ot . for the aamages so sustained
and for expen.e. sO incurred without preju~ice, however, "0 tne right of
... 1 -
T
anyone 8~~tainin~ personal injuries in said collision to institute what-
ever prqo.ed,ings or to enforce whatevtJl' claim that the said ~nJured party
or part1u I14Y hllve against tA. 'irst Party nere.l.n ur against any and all
persons WAO lllay oe l.n any willie la heln "",spons! ole I or tne collis~on ~n
question or fo, any injuries to person or property sustained oy him.
It i~ further understood and agreed that tne payment of the foregoing
sum oy way of liqUiC111.ted dam.iel ili! 'to De mad,., in month.1.Y ins'tallments of
. , the flrat 01' which imnallmen t is 'to be paid on the
day of
,.1.9 ,and 'therealter installments
shall be paid lllonthlY in the 1il8.llle amount on 'tne same day of eauh eUcceel1ing
montu, prQvlded, Ao"ever, tnat al~ oalance uupaid thirty months from the
date of the exeoution of thi. instrument, no matter in what way said unpaid
balBAoe 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-
und.r, aball at the expiration of eaid thirty-month period forthwith beoome
due andpa7abl, in ita entirety.
It is further understood that in the event of default in the payaent
of an7 installment as h.rein provided or in the event of default in the
payment of any other sum a8 provided in this agreement, the Second Party
may at ita option at any time qeclare the entire balance thereof forthwith
due and payable and institute proceedings in a court of law or equity to
recover Baid entire balance with interest and court costs, reasonable
e.llection expenses and reasonable attorney's fe~s incurred in connection
therewith. The failure of the Second Party to deolare the entire bal~o.
to be due and payaDle in the manner hereinabove eet forth in one or more
instances or the subsequent cancellation or withdrawa~ of such declaration
in ..e or mere instances shall be without prejudice to the right of the
8ec..d Party to exercise said option with regard to any default that may
occur therea~ter.
It is understood and agre~d that the execution of this instrument by
either the 'irst Party or the Second Party her~to, 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 any other party who may in
any wiee be responsible for any damages or injuries sustained by ths aecond
- 2 -