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RESOLUTION NO.
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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 JACK LAMPHERE
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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SECTION ONE: That the City of San Bernardino execute a
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71 Settlement Agreement with JACK LAMPHERE, whereby JACK LAMPHERE
8 agrees to make monthly payments to the City of San Bernardino for
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9!relocating street lighting standards, conduit and cable.
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SECTION TWO: That the said Settlement Agreement referred
II! to herein, a copy of which is attached hereto marked Exhibit "A"
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12iand is hereby referred to and made a part hereof as fully as though
13', set out at length herein, is hereby approved.
1411 SECTION THREE~ That the Mayor of the City of San Bernardin
151is hereby authorized and directed to execute said Settlement Agree-
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16'ment on behalf of the City of San Bernardino.
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I HEREBY CERTIFY that the foregoing Resolution was duly
18 adopted by the Mayor and Common Council of the City of San Bernar-
meeting thereof, held on the
19 dino at
20 day of
21 AYES:
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23, NOES:
24 ABSENT:
the following vote, to-wit:
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~""":;"-'~7'i ~.,'>~'1:~lIfIlh.e foregoing Resolution is
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, 1967.
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Mayor of the City of San Be nardino
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1i SBTTLEMEN'r AGl,:EEMl':NT
2 This Agreement executed by and betwoen ~aok Lamphere
31 hereinafter referred to ne First Party. ond the City of San
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41,Bernurdino. a Munioipal Corporation, existing under and by virtue
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5liof the laws of the State of CaliforniH, heruinnfter referred to
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611a. Seoond Party. this day of , 19 . in
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7 I the City ot San Bernardino. State ot California.
8' WlmREAS. on or about the 16th day of AtlrU . !j)65. the
9110i ty of San Bernardino Electrical Department relooated street
10;'lighting standards. oonduit and cable to olenr street widening
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1l11"D" Street from Maenolia Avenue South 138' West s1de at the request
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12,Iof Jack Lamphere for a total 00810 of $344.24.
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13:: BOW THEREFORE. in oonsideranion ot the premises and ot the
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14"mutual promises and covenants herein. the First Party. for himoelf.
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1511h18 administrators and ausiens. does hereby agree to pay the
16 iisecond Party. in complete settlement of the olaim of the Seoond
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171lparty against the l1rst Party hersunder. the sum of ~
18 I' It 111 further understood and agreed that the payment ot
1911the foregoing sum is to be made in monthly installmento of 150.00.
20 lithe f'1rst ot which installment 10 to be paid on the 1...Uh... day of
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21i~' 1967. and thereafter installments ahall be paid monthly in
22 lithe sarae amount on the same day of eaoh su.eoeeding month, prOVided,
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23ibowever, that any balanoe unpaid thirty months from the date of
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24ifhe exeou.tion of this instrument. no matter in what way said unpaid
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25i~alance may have arisen, and any other provision or oondition of
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261ith1s inutrument to the oontrary notwithstanding and notwithstanding
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271~ny other legal or equitable rights or remed1es available to the
281~econd Party hereunder. shall at the expiration of sald thirty-
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29i~onth period forthwith become due and payable in its entirety.
301! It 1s turther understood that in the event of detault in
31 ~he payment of any installment as herein provided or in the event
32 br default in the payment of any other sum as provided 1n this
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1 Agreement, the Second Party may at its option at any time declare
2 the entire balance thereof forthwith due and payable and institute
3 prooeedings in a court of law or equity to recover said entire
41,balance with interest and court costs, reasonable collection
51 expenses and reasonable attorney's fees incurred in connection
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eitherewith. The failure of the Second Party to deolare the entire
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7 ilbalance to be due and payable in the manner hereinabove set forth
allin one or lIIore instances or the subsequent canoella tion or wi th-
9 iidrawal of suoh declaration in one or more instanoes shall be
lol~ithout prejedice to the right of the Seoond Party to exercise
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lllisaid option with regard to any default that lIIay oocur thereafter.
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12:1 It is understood and agreed that the execution of this
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13~nstr~ent by either the Pirst Party or the Second Party hereto,
14br by both parties, shall be without prejudice to the right of
15!~he Seoond Party to bring suit or otherwise prooeed, at law or in
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1eequity, for any expenses incurred by the Seoond Party in conneotion
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17itherewith or in pursuance thereof. Any sum or sums recovered by
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18~he Second Party herein from suoh third party or third parties,
19~hether in oonsequence of a lawsuit or otherwise, shall in no wise
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20~e deellled a reduction of the amount or amounts due the Seoond Party
21~rom the First Party under the terms and oonditions hereof.
22]! This Settlement Agreement shall be binding upon and for the
23~enefit of the Parties hereto and their respective heirs, suocessore.,
24~nd assigns.
2511 It is further understood and agreed by and between the
26~arties hereto that the facts in respect of whioh the settlement
2~erein is made may turn out to be other or different from the facts
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281iin that oonneotion now known by either of thelll or believed by
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291~ither of thelll to be t~e, and each of the undersigned expressly
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30i~ooept8 and assumes the risk of the tacts turning out to be
31 tifferent, and eaoh ot the Parties hereto agrees that this
32 ettlement Agreement and any and all other doouments executed by
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111 8i ther one or both of the Parties 1n pursuance thereof shall in
2 Ii all reopecto be effective and not subject to termination,
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3" rescission or modification by any such differences in facts.
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4, IN WITNE~~3 WHBHEOF, the pflrties hereto have eet their hand
, Calif.ornia, the day and year first
51' at
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6! above written.
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91 A TTESTI
10 I By 1/,;,jacJ f:: 6l!;E-t::>v
1111 ~ity Clerk
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I ;Z;A~
;jI Firat arty
v CITY OF SAlf BERNAIG)INO
Second Party
AP~ AS TO FORlh (<D
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City Attorney
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