CITY OF BERKELEY, | No. 779444-7 Plaintiff, | | SETTLEMENT AGREEMENT v. |______________________ | ALTA BATES MEDICAL CENTER, a | nonprofit corporation. and DOES 1-50, | | Defendants. | | ______________________________________| | ALTA BATES MEDICAL CENTER, a | nonprofit corporation | | Cross-Complainant, | v, | | THE CITY OF BERKELEY and DOES 51- | 75, | | Cross-Defendants. | | ______________________________________|
The parties to this action hereby agree as follows:
1. The City of Berkeley ("City") agrees to allow occupancy of certain completed or almost completed facilities and to expedite the review of certain planned activities to determine if the impacts of these activities exceed those impacts anticipated by ABMC's 1983 Use Permits. Alta Bates Medical Center ("ABMC") agrees to submit an application for the permitting of a long-term Master Plan campus plan for its Ashby campus, which will include environmental review of the complete campus.
2. The parties shall request entry of the attached Judgment on the Complaint and Cross-Complaint. This Stipulation shall have no validity unless this judgment is entered.
3. The parties expressly waive and assume the risk of any and all claims for damages which exist as to these matters as of this date, but which they do not know of or suspect to exist, whether through ignorance, oversight, error, negligence, or otherwise, and which, if known, might materially affect their decisions to enter into this settlement and, further assume the risk that they may suffer damages in the future which they do not now anticipate or suspect may occur and therefore waive all rights under section 1542 of the Civil Code of California, which reads as follows:
A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
4. Each party represents that in entering into this Agreement, it has relied upon the legal advice of its attorneys, who are the attorneys of its own choice. Each party further represents that the terms of this Agreement have been completely read by it, and that these terms are fully understood and voluntarily accepted by both its attorneys and itself.
5. Each party and counsel for each party has reviewed and revised, or had the opportunity to revise, this Agreement, and accordingly the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party is not applicable and
therefore shall not be employed in the interpreta,tion of this Settlement Agreement or any amendment of it, or the Judgment or Injunction entered pursuant hereto.
6. This Agreement may be executed in counterpart, and execution of it constitutes approval of the attached Judgment and Injunction as to form and content.
7. This Agreement contains the entire agreement of the parties with regard to the matters set forth herein and may not be amended except by a writing executed by all the parties hereto.
8. ABMC shall indemnify and hold the City harmless if the City is sued by a third party over the terms of this Settlement Agreement.
9. This Agreement shall be governed by the law of California. The parties stipulate that jurisdiction shall be exclusively in the State of California for any action involving the validity, interpretation or enforcement of this Agreement, for damages, or for any other relief brought under this agreement.
DATED: April 15, 1997 ALTA BATES MEDICAL CENTER Approved as to form: DATED: April 15, 1997 McCUTCHEN, DOYLE, BROWN & ENERSEN, LLP DATED: April 15, 1997 CITY OF BERKELEY Approved as to form: DATED: April 15, 1997 MANUELA ALBUQUERQUE, City Attorney ZACH COWAN, Assistant City Attorney
Last update: May 12, 1997.