1999 AGN JAN 05 I15 - Laserfiche WebLink

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SETTLEMENT AND RELEASE AGREEMENT 1. PARTIES. This Settlement and Release Agreement ("Agreement") is entered into by and among THE CITY OF COLTON, a municipal corporation ("City"), the CITY OF COLTON REDEVELOPMENT AGENCY ("Agency"), a public body corporate and politic ("Agency"), and ABE E. BELTRAN, an individual (`Beltran"). The previously -noted parties are sometimes referred to herein as the "Agreeing Parties." 2. RECITALS. 2.1 During the spring of 1996, the Fair Political Practices Commission ("FPPC") initiated an administrative action against Beltran pursuant to the Political Reform Act (Government Code Section 88100 et seq.) for certain actions taken by Beltran while he was a member of the City Council and the Agency Board. Beltran asserts that the City and/or the Agency have an obligation to provide for the defense of the Action, and he has requested that the Agency and/or the City reimburse him for his legal expenses which he has incurred or otherwise provide for the defense of the Action, pursuant to Government Code Section 995, et. seq. The City and Agency dispute that they have any obligation to reimburse Beltran or otherwise provide for a defense of the Action. i 2.2 The FPPC is moving forward with its administrative proceedings and Beltran is now requesting money for his current defense of this action ("FPPC Investigation"). Under Government Code Section 995.6, a city may represent a former city councilmember in an administrative proceeding. 3. TERMS. 3.1 The City and the Agency dispute that they have any obligation to reimburse Beltran for any legal expenses relative to the defense of the FPPC Investigation. However, in the exercise of its legislative discretion, the City has determined to reimburse Beltran for attorneys' fees incurred in, and/or provide for the defense of, the FPPC Investigation, in an amount not toexceed, in the aggregate, Thirty Thousand Dollars ($30,000) in order to avoid further disputes concerning this matter. 3.2 The Agency will after regarding disbursement of amounts, which in the aggregate are not to exceed Thirty Thousand Dollars ($30,000.00), and after receipt of detailed and itemized invoices setting forth services already performed and costs already incurred by Beltran's attorney(s) in the defense of the FPPC Investigation, or either of them, which invoices are subject to the review and reasonable approval of the City Attorney, forward check(s) to Beltran's attorney(s) made jointly payable to Beltran and to his attorney(s). Payment by the City of the total aggregate amount of $30,000.00 shall be in full and final settlement ofBeltran's RVPUBUIM5423