2016/01/16 Lynda Butler Settlement and general release agreement SETTLEMENT AGREEMENT AND GENERAL RELEASE
This Settlement Agreement and General Release ("Settlement Agreement") is entered
into by and between the City of Menifee ("City") and Lynda Butler("Claimant") on this 16 day
of January, 2016 and effective upon the last date it is executed by both City and Claimant
(collectively the"Parties'') (the "Effective Date").
RECITALS
1. On or about October 2, 2015, Claimant brought her grandson and her service dog
to one of the City's "Wee Folks" classes. Certain City employees asked Claimant if her dog had
a vest or other documentation to confirm that it was trained as a service dog(the "Incident".)
Claimant contends that she was told that she was required to provide proof that her dog was a
service dog in order for her service dog to remain in the class. City disputes this contention.
Claimant alleges that the employees' actions were unlawful and have given rise to a claim for
-damages and equitable relief under the Americans with Disabilities Act and other statutes,
2. The City denies any liability for the alleged injuries and any damages related
thereto,however, wishes to resolve this matter to avoid the potential cost and expense of
litigation. Consequently, without any admission of wrongdoing or liability, the parties hereto
enter into this Settlement Agreement which resolves all claims and disputes between them.
NOW, THEREFORE, in consideration of the above RECITALS, and in consideration of
the mutual promises, covenants, and obligations set forth in this Settlement Agreement, and for
good and valuable consideration as stated herein the Parties agree as follows:
AGREEMENTS
A. Recitals. Each of the recitals contained in the paragraphs above is true and
correct and is expressly incorporated herein by reference.
B. Payment of Settlement Funds. The City hereby agrees, in exchange for the
promises, representations, warranties and covenants herein,to pay Claimant the total sum of five
hundred dollars ($500.00) within thirty(30) days of the Effective Date.
C. General Release. Upon receipt of the payment required by Paragraph B, above,
Claimant, for herself and her spouse(s), heirs, shareholders, officers, successors, assigns, and all
persons or entities claiming by, through or under Claimant, desires, intends and hereby does
release and forever discharge the City and its elected and appointed officials, officers,
employees, agents, successors, assigns, representatives, attorneys, and insurers fioln any and all
liability, demands, causes of action, or responsibility of any kind for claims which in any way
relate to any claims and allegations that were made or could have been made in connection with
the Incident(collectively,the "Released Claims").
D. Waiver of Unknown Claims and Rights and Protections Afforded By
California Civil Code §1542. In connection with the Released Claims, Claimant waives all
rights and benefits and protections under Section 1542 of the California Civil Code, as well as
under any other statutes, legal decisions or common law principles of similar effect to the extent
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that such rights, benefits or protections may contravene the provisions of this Settlement
Agreement. Section 1542 of the California Civil Code states:
A general release does not extend to claims which the creditor does not
know or suspect to exist in his or her favor at the time of executing the
release,which if known by him or her must have materially affected his
settlement with the debtor.
Claimant acknowledges (a) that she is aware that she may subsequently discover facts in addition
to or different from those she now knows or believes to exist with respect to the matters covered
by this Settlement Agreement; and (b) that such different or additional facts, if they exist, may
have given or may subsequently give rise to causes of action, claims, demands, controversies,
damages, losses, costs, and expenses that are presently unknown, unanticipated, and/or
suspected. Claimant hereby affirms that the releases contained in this Settlement Agreement
shall remain in effect and shall be binding notwithstanding the discovery or existence of any
-----additional or-different facts.
E. Representation Re Assignment of Claims. Claimant represents and warrants
that no claim that would have been released under this Settlement Agreement, if held by
Claimant on the Effective Date, has been transferred, hypothecated, assigned or given away by
Claimant prior to the Effective Date of this Settlement Agreement to any person or entity that
would not be bound hereby. Claimant shall indemnify, defend and hold harmless every other
person or entity then entitled to a release hereunder from and against any and all Released
Claims(including, without limitation, attorneys' fees) resulting from Claimant's own actual
breach of this representation and warranty.
F. Non-Admission. This Settlement Agreement represents a compromise of claims
and shall not be construed as an admission by the Parties of any liability or of any contention or
allegation made by the other party.
G. Costs and Expenses of Dispute and Action. The Parties shall each bear their
own costs, expenses and attorneys' fees incurred in connection with the dispute relative to the
rights and obligations under this Settlement Agreement as well as the negotiations, drafting and
consummation of this Settlement Agreement.
H. Successors and Assigns. This Settlement Agreement, and the releases contained
or referred to herein, shall bind and inure to the benefit of the principals, agents, representatives,
successors, heirs and assigns of the Parties hereto.
I. Entire Integrated Agreement. This Settlement Agreement constitutes the
whole, integrated understanding, discussions and agreements by and between City and Claimant.
The terms and provisions of this Settlement Agreement are contractual and not mere recitals.
The City and Claimant acknowledge that there have been no oral,written or other agreements of
any kind as a condition precedent to or to induce the execution and delivery of this Settlement
Agreement. Any written or oral discussions conducted prior to the Effective Date of this
Settlement Agreement shall not in any way vary or alter the terns of this Settlement Agreement.
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This Settlement Agreement shall not be changed, amended or altered in any way except in
writing executed by both the City and Claimant.
J. Voluntary Agreement with Advice of Counsel. The City and Claimant have
entered into this Settlement Agreement freely and voluntarily and after having consulted with
counsel and having had all of the terms hereof explained to them by their respective counsel and
with the understanding that this is a full and final compromise, release, and settlement of the
matters set forth herein. The parties appreciate and understand the terms hereof and are fully
satisfied with the settlement set forth herein.
K. No Third Party Beneficiary. This Settlement Agreement is for the sole benefit
of the City and Claimant and confers no rights, benefits or cause of action in favor of any third
parties or entities.
L. Construction. It is understood and agreed by the City and Claimant that this
Settlement Agreement shall be construed without regard to any presumption or other rule
requiring construction against the party causing this Settlement Agreement to be drafted. The
City and Claimant agree that this Settlement Agreement was jointly drafted by the Parties and
their respective counsel.
M. Enforcement of Settlement; Attorneys' Fees and Costs. In the event it is
necessary for either the City or Claimant to initiate a proceeding to enforce any term or condition
of this Settlement Agreement, the prevailing party shall be entitled to recover reasonable
attorneys' fees and costs incurred.
N. Execution and Counterparts. This Settlement Agreement may be executed in
one or more counterparts, each of which shall be deemed an original, but all of which shall
constitute one and the same instrument. In making proof of this Settlement Agreement, it shall
not be necessary to produce or account for more than a single counterpart containing the
respective signatures of each of the Parties. The Parties are entitled to rely upon a facsimile or
electronic signature of the other Parties to this Agreement upon receipt by facsimile transmission
via telecopier or electronic mail.
0. Governing Law. This Settlement Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of California.
P. Authorization to Enter Into Settlement. The City and Claimant expressly
represent that by affixing their respective signatures hereto; each is authorized to execute this
Settlement Agreement.
Q. Captions. Any captions to the paragraphs or subparagraphs of this Settlement
Agreement are solely for the convenience of the Parties, are not a part of this Settlement
Agreement, and shall not be used for interpretation or determination of the validity of this
Settlement Agreement or any provision thereof.
R. Further Assurances. Each party to this Settlement Agreement shall execute all
instruments and documents and take all action as may be reasonably required to effectuate this
Settlement Agreement.
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S. Venue and Jurisdiction. For purposes of venue and jurisdiction, this Settlement
Agreement shall be deemed made and to be performed in the County of Riverside, California.
T. Time of Essence. Time is of the essence with respect to each provision of this
Settlement Agreement.
U. Modification. This Settlement Agreement may be modified only by a contract in
writing executed by both Parties to this Settlement Agreement.
V. Interpretation. Whenever the context so requires in this Settlement Agreement,
all words used in the singular shall be construed to have been used in the plural (and vice versa),
each gender shall be construed to include any other genders, and the word"person"shall be
construed to include a natural person, a corporation, a firm, a joint venture, a trust,an estate, or
any other entity.
- W. Partial Invalidity. Each provision of this Settlement Agreement shall be valid
and enforceable to the fullest extent permitted by law. If any provision of this Settlement
Agreement or the application of such provision to any person or circumstance is,to any extent,
deemed to be invalid or unenforceable,the remainder of this Settlement Agreement, or the
application of such provision to persons or circumstances other than those to which it is held
invalid or unenforceable, shall not be affected by such invalidity or unenforceability, unless such
provision or such application of such provision is essential to this Settlement Agreement.
In witness whereof, the Parties have executed this Settlement Agreement on the dates
indicated below,to be effective as provided hereinabove.
CITY OF MENI
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Dated: /lrxxc,(, �a4 .2o/4L Signature:
By: Robert Johnson.,City Manager
CLAIMAN�TQ
Dated: 3 "a ' Signature: C71,,
By: Lynda Butler
Approved as to form:
Rutan &Tucker, LLP
Jeffrey Melching, Esq.
Attorneys for City of Menifee .1
Law Offices of Amy B. Vandeveld i
Amy Vandeveld,Esq.
Attorneys for Lynda Butler
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