HomeMy WebLinkAboutLanger, Chris; 2020-10-21;SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release (the "Agreement") is entered into by and
between Plaintiff Chris Langer ("Plaintiff') and Defendant City of Carlsbad ("City" or
"Defendant"), to resolve any and all disputes between them, without any admission of
wrongdoing of any kind. Together, Plaintiff and Defendant are referred to herein as the
"Parties" and/or individually referred to herein as a "Party" to this Agreement.
RECITALS
A. Whereas, on June 18, 2020, Plaintiff filed a Complaint in the United States
District Court for the Southern District of California entitled Langer v. City of Carlsbad,
Case 3 : 20-cv-01107-BEN-DEB (the "Lawsuit");
B. Whereas, in the Lawsuit, Plaintiff alleges causes of action under Title II of the
Americans with Disabilities Act, 42 U.S.C. § 12131 et seq.; and California's Disabled
Persons Act, Cal. Civ. Code § 54.1 et seq. related to his attempts to use the public parking
lots in Carlsbad Village in the City of Carlsbad, California (hereinafter "Parking Lots").
C. Whereas, the Parties wish to resolve any and all disputed issues between them,
arising out of or related to the allegations made in the Lawsuit, solely in a good-faith
attempt to settle a disputed claim and avoid the expenses of protracted litigation.
AGREEMENT
Therefore, for good and sufficient consideration, the Parties agree as follows:
1. Incorporation of Recitals. The recitals are hereby incorporated into this
Agreement as though fully set forth here.
2. Effective Date. The "Effective Date" of this Agreement shall be the date on
which the last Party hereto has executed the Agreement.
3. Non-Monetary Relief.
a) Within four (4) months the City shall take the steps necessary to bring the
public parking lots located at the following locations into compliance with
the ADA Standards for Accessible Design, 36 C.F.R. pt. 1191, appxs. B
and D, and California Code of Regulations Title 24:
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i) 3000 Washington Street, Carlsbad, California; and
ii) 3077 State Street, Carlsbad, California.
b) Within three (3) years the City shall take the steps necessary to bring the
public parking lots at the following locations into compliance with the
ADA Standards for Accessible Design, 36 C.F.R. pt. 1191, appxs. B and
D, and California Code of Regulations Title 24:
i) 2787 State Street, Carlsbad, California;
ii) 2898 State Street, Carlsbad, California;
iii)3044 State Street, Carlsbad, California;
iv) 2938 Roosevelt Street, Carlsbad, California; and
v) 2992 Roosevelt Street, Carlsbad, California.
4. Settlement Sum. Defendant, in full and final settlement of Plaintiffs claims
for monetary damages related to the Lawsuit, shall pay the settlement sum of seventeen
thousand and five hundred dollars ($17,500.00) (the "Settlement Sum"). Each party shall
otherwise bear its own attorneys' fees and costs in relation to the Lawsuit and settlement
of the Lawsuit.
a) Defendant shall cause payment of the Settlement Sum to be made within
twenty-one (21) days of the Effective Date;
b) Payment shall be made by check payable to the "Potter Handy LLP" and
delivered to Potter Handy LLP, ATTN: Rhonda Handy, 8033 Linda Vista
Road Suite 200, San Diego, CA 92111.
c) Plaintiff acknowledges and agrees that, should any taxing authority assess
any taxes, penalties or interest against them as a result of the Settlement
Sum, he is solely responsible for the taxes, penalties, or interest. Plaintiff
further acknowledges and agrees that he will indemnify and hold hainiless
Defendant for any such taxes, penalties, or interest.
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5. Dismissal and Retention of Jurisdiction. Within five (5) days of the Effective
Date, the Parties agree to stipulate and jointly move the Court to dismiss this action, subject
to the Court's retention of jurisdiction to enforce the temis of their Settlement Agreement
for a period of three (3) years, under the authority recognized in Kokkonen v. Guardian
Life Insurance Co. of America, 511 U.S. 375, 381-382 (1994). The Parties' stipulation for
dismissal shall include as an Exhibit, and incorporate by reference, this Settlement
Agreement.
6. Releases and Covenants. For and in consideration of the covenants contained
herein and in consideration of the Settlement Sum described in Section 4 of this Agreement,
Plaintiff, on behalf of himself and his respective predecessors, assignees, transferees,
subsidiaries, administrators, successors-in-interest, affiliates, parents, employees,
managers, accountants, landlords, tenants, agents, servants, officers, directors,
shareholders, attorneys and indemnitors, do hereby release, acquit and forever discharge
Defendant and its respective predecessors, assignees, transferees, subsidiaries,
administrators, successors-in-interest, affiliates, parents, employees, managers,
accountants, landlords, tenants, agents, servants, officers, directors, shareholders, attorneys
and indemnitors, of and from any and all claims, potential claims, demands, and cause or
causes of action arising out of the Lawsuit.
7. Waiver of Rights under Civil Code Section 1542. As to the matters released
herein, each of the Parties to this Agreement expressly waives, to the full extent permitted
by law, all rights pursuant to §1542 of the California Civil Code which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY.
The Parties each acknowledge to the other that they are aware that they or their
attorneys may discover facts in addition to or different from those which they now know
or believe to be true with respect to the subject matter of this Agreement, but that it is their
intention to settle and release fully, finally and forever, any and all disputes and differences,
known and unknown, suspected and unsuspected, which now exist, may exist, have existed,
or hereafter may exist in the future between them relating to the subject matter of this
Agreement.
SETTLEMENT AGREEMENT AND RELEASE
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8. No Admission of Liability. The Parties agree that neither this Agreement nor
anything said in the negotiation hereof shall constitute an admission of liability, an
acknowledgement of wrongdoing of any kind, or an admission or concession by Defendant
on any point of fact or law. Neither this Agreement nor any of its terms shall be used as
an admission or introduced as evidence as to any issue of law or fact in any action, other
than an action to enforce this Agreement. This Agreement reflects, among other things,
the compromise and settlement of disputed claims.
9. Knowing and Voluntary. In executing this Agreement, it is understood and
agreed that the Parties rely wholly on their own judgment, belief, and knowledge of the
nature extent, and duration of the alleged damages, and that the Parties have not been
influenced to any extent in executing this Agreement by any representations or statements,
regarding alleged damages or regarding any other matter, made by the Parties or by any
person or persons representing the Parties.
10. Invalidity of any Provision. If any provision of this Agreement is held to be
invalid, unenforceable or contrary to any public policy, law, statute and/or ordinance, the
remainder of this Agreement shall remain in effect and be valid and fully enforceable.
11. Copies. In any action or proceeding relating to this Agreement, a true and
correct copy of this Agreement shall be admissible to the same extent as the original
Agreement.
12. Controlling Law: This Agreement is entered into in the State of California and
shall in all respects be interpreted, enforced and governed by the laws of the State of
California and where applicable, Federal law.
13. Drafting of this Agreement. Each of the Parties hereto represents that he or it
fully participated in the drafting and temis of this Agreement. Accordingly, any
ambiguities in the terms of this Agreement shall not be construed against either of the
Parties and any doctrine of• law regarding interpretation of any such ambiguities in the
terms and provisions of this Agreement against the Party drafting this Agreement shall not
be applicable.
14. Integration. This Settlement Agreement and Release constitutes an integration
of the entire understanding and agreement of the Parties, and supersedes all prior
negotiations and understandings concerning the subject matter of this Agreement. Any
representations, warranties, promises, or conditions, whether written or oral, not
SETTLEMENT AGREEMENT AND RELEASE
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specifically and expressly incorporated in this Agreement, shall not be binding on the
Parties, and the Parties each acknowledge that they have not relied, in entering into this
Agreement, on any representation, warranty, promise or condition, not specifically and
expressly set forth in this Agreement. This Agreement may not be amended, supplemented
or abrogated other than by a written instrument executed by all of the Parties hereto.
15. Twits are Contractual. The terms of this Agreement are contractual and not
a mere recital.
16. Counterparts. This Agreement may be executed in any number of counterparts
and/or by facsimile, each of which shall be deemed to be an original and all of which
together shall be deemed to be one and the same instrument.
ACCEPTED AND AGREED:
By:
Plaintiff Chris Langer
10/5/2020
Dated:
By: 4,W-yr../((
Defendant City of Carlsbad
Print Name: i/d//z, Pioti,et-h0v)
Title: i'15 -51X/IA ii A-gor71'7-Y
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SETTLEMENT AGREEMENT AND RELEASE
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This document was signed by:
Chris Langer
Ag-----)
Date
Phone
IP Address
Confirmation
10/5/2020 7:41 PM UTC
8584425491
70.95.52.215
EE77DF446F26FE3B6AD8CE1114B
608D3
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