The URL can be used to link to this page

Home My WebLink AboutVAN BUSKIRK, JERRYA-2017-187 SETTLEMYNT AGICEEM ENT AND 11:E .,EA`3&l CII UA, C LAIRIS This Settleurent Agreement acid Ralease of All Claims trade and. entered htto by and hetweau JERTtY I'JIMLIP VAN BUSKIR.i (her,•einafler as "Pit itttifl'"}, rind CI'T'Y OF SANTA ANA and CA'PRICIi KIRKPATRICK (hereafter as "Dufandants"). WN JTAESSET'I3; WHEREA5,.1114intif€ fslod an action against Defendants in fife Supekior Court of the State of California, County ofOrange, Central 3irstice tenter District known as JERRY PHILLIP VAN I3I.? I4T1ilc v. C'l.T'Y O NTA ANiy,_gt til;, Case No. 30-20I6.O0867270-CU-PO-C7C (the "Aotion"). CV ITE'REAS, Fiafntif and Defendant (collectively hereafter "parties"), desire to settle hilly aunt finally all difl@rences between (thein, bw1liding, but in no v7ay Tiniitet'l to,thuse diffemilops described above. NOMI, THEREEt)RE, in consideration of the mitual covenants and promises herein contained and outer good and valuable consideration, receipt of which is hereby acknowledged, and (o avoid antlecossar'y litigation, it is hereby agreed by and iic.twee.rr the parties as follows: EvSP)S'r; This A.groemeol tmd complianco with this A-greoment shall not be construed as an aduaissioh by the Defetadanis and of tiny liability whatsoever, or as an admission by the Dofertdtnits of tiny violatlo'n of the rights of Plaintiff or ally Berson, violation of any order, lain, statute, ditty, ok confract whatsoevet7 agoirist Plaintiff or any person. Defendants spoeifwally disclaims airy liability to Plaintiff or any other person for any atleged violation of [lie rights of Plaintiff or ally Berson, or for any alleged violation of any order, law, statute, cluty, or contract oil ilia part of any employees, agents of Defendants. Likewise, this Agreomeit and coorpllanoo with this Agmemeat shall not be construed aq ari •admission by Phri liff of any liability, nvs rondirce; or wrongdoing whatsoever, SECC}NI'); (a) Bach party will c xctnaige a fully signed exectttod copy or origbial of this Agreonient, Defendants cannot "proceed with p oeessing payment without a filly exec=uted Copy of llie Agreement ftorn .Plaintiff (b) Fallowing receipt of, or in exchange for, an cexecuted copy of the Request for Dismissal with prejudice of the foregoing Action,'Defeaidant. City of Santa Ana. will iiiako available a check in the arrnotint of Thirty Thousand Dollars ($30,000.00) in fill] and complete settlement of all clahns matte against [tie Deferidnaits, City of Saa.tit .Ana and Caprice Mrkpatri.cl in this li igation. Tho check will be niadc payliblo to "J.T;,IWX PHILLIP VAN T1UMIRK AND `l'HC LAW OFFICES OF LARRY H. PARKER"- .Phis amount is in full and complete, settloment fm- Plaintiffs elaitlr's fhi• all damages alleircd in, the 6rhnvo-r<;foi'ortecc] Compfalnt, Defendant City of Santa Ana. will file the Request forDismiw,,a1, Page, 1 o:i'h (u) Parties agree that this Agreement and the payfawnt specified in subsection (b) above, constitutes fl41 laid contl?leis sattlemen.t and compromise o£ all claims lnaole against the City of SantaAm and Caprice Kirkpatrick in the Action, 1'lainti.Pf sllccifically agrees that by accepting the foregoing payment find rxeCliting this Agreenwnl, Plaintiff i; a��aivipg any and all actual or potential rights to any other claimed damages, coats, or attorneys fees in connection with the Action.. (d) Plaintiff acknowledges and ngtees that 'Defundants have made no re}lrosenlations regarding tiie tax conseyueiaces of any amounts received ptfrsuant to this Agreement, Plaintiff agrees diallie/she and lze alone is liable for all taxes, if any, which are owed by him on ally amount reccived, hereunder including interest and penalties. Plaintiff will hold Defendants halinless from any and all claims made: by federal, state, or local taxing aufhorities or lien holders against Plailititff' on,unollnts Owed by hien. f111.12D: 'Plahrflf:'f repscsents that, with the exception of the Action, and the government tort claim associated ttterevvith and submitted to the City of Santa Ana, he has not filed any complaints, clanms, or actions against Defendants including any of its officers, agents, directors, supervisors, employees, or representatives; of Defendants with any slate, federal, or local apnoy or court and thai they will not do so at any time hereafter as it rclates to this Action and that if tiny agency or Court assumes jurisdiction of any complaint, claim, or action against Defendant, on PluiniifN behalf; Plaintiffwill direct that agency or court to withdraw and dismiss with prejudice the platter. 1FOUJtFYI' The patties hereto) hereby agree that all .rights under Section 1,542 of the Civil Code of the State of California. are hereby waived. Civil Code Section 1542 provides cis Coltfws:. "tA lencral release does not extend to clainls which, the crafflor sloes not.know or suspect to exist in his or icer favor at the ilme of executing the release, which if known. by tliin OA- her 111astlltive mate.adally affected his or her settlement with the debtoA•," FIFTH: Notwithstanding the Provisions of C.ivll Code section 1512, each party hereto hereby irrevocably and uncohditionally.rcteascs and forever discharges each other parts' and each and. all of its officers, agents, directors, supervisors, ctuploycos, agents, representatives, and its silaCussors and assigns and all personas acting by, through, under, c17 in concert with each other patty trom anyand all charges, coutplaints, claims, 4 and liabilities of anykind or nature whosoever, known or unkaowu; suspoCfcd or unsuspected (hereinafter referred to as "claim" or "claims") which each releasing party at any tine heretofore had or claimed to have or which each releasing party at any't.ime herealler May have or claim to have, incidental to the incident(s) Which pains Ole birds of the Action. P,Mli:.Fadl poison signing below represent;, that he/silo; has reviewed all aspects of•tlfis Agreement, that the Agreement has bceta carefully read and fully explained to them and that they Page 2 of 4 understand every provision of this Agreement, that Lhey understand that in agrecing tp this document they are releasing each party hereby from arty and till claims they mayleave against eaoh pattyrieleased, that they voluntarily agree to all the terms set fiorth ill this Agteemeatt, that they knowingly and .willingly intend to be legally bound by the sand, that they were given. the opportunity to consider the terms of this Agreement and discussed thern with legal c:wInsci. Loch patty hereby warrants that they have the authority to enter into this Agreerpont and bind the parl.y for whose benefit they Execute this Agreement. SBVENTI3: the Particm hereto represent and acknowledge that in exeeutiag this Agreement they do not rely aad have rtoi relied upon any representalioz or statement made by any of the parties or by any of the Parties' agents, attorneys, or representatives with regard to tite subject matter, basis, or effect of this,Abn•.eemertt .or otherwise, other than those specifically stated in this Agreement. L[CltT1T; Tlais lgreetnonf shall be binding. upon the parties Hereto and upon fheir heirs, administrators, rep.rescntatimcs, exeeutors,:predecessors, successors, and assigns, and shall inure to the benefit of said. parties and .Cath of them and to their heirs, administrators, representatives, exCCUtorS, prodeoesaor's, Srlocmors' and assigns, NTIV'1�'A: Should any provision of this Agreement be declared or be .determined by any conu't of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining parts, tenua, or provisions shall not be afleoted thereby, and said illegal, unenfor'eeable, or invalid prom, term, or provision shall be deemed not to be a part of this Agreatnorif, TENTk3: This Agreemepi sets forth the entire agreetnent between. the parties hereto and Fully suporsedes any artd all prior agreements or understandings, written or oral, between the parties hereto. portaining to the subject matter hereof. 13 YVI;bIII: This Agreement shall be interpreted in accordFadee• with'the plain meaning of its tenni and not strictly for ur against zany of the parties hereto. 't'WEL,l"' I: This Agreensent may be executed in. counterparts, secured via facsimile ban.smi5sion or otherwise, each of which shall be deemed to be ,iri original. Photocopies of any cxeoutcd ooudterpart.sliall have the saint force and ctfct as.an original. u.rt d:ciy/ tq. VL _,..._._ ,1L ;Y t I.,L.1r VAN BUSKIRK Page 3 of 4 Uatea:...... ._..... CITYOF SANTA ANA, a charter law city and municipal corporation, dulyorgunized and ex.ia ingnnderthc Constitution and laws ' lre Stat o1'Califon .ia J� j (; tlrica J, K.urhz,'i itr> G:icy VJ.anagm XrTEST: CITY OF SANTA. ANA, a charter law city aaul ttrunicipal oorporation, duly organizt;d and existing under elle Constittation ^� and hmvs: of the state of Catifurnill Dated: j j Aiit6uizax, Carl'iC <f'f t e COUr NITRO VED AS TO FORM: LAW ' OFVJCES O.F.LARRY' II. PA.RKB'JI ell Dated: MITC1-1ELL P. 131,(.'X, /attorney for Plaiittil't' Jerry Phillip Van Buskirk Page 4 of 4 SONIA R. C;AR.VA.LHO CITY ATTOFLNEY KYLE 7FiI:Ll3S'L.N �^ Dq)ut ity Attonicy Attornoys for DufendaaN City of Santa Ana and Caprice Kirkpatr'icic Page 4 of 4