AgdaPkt 2016-04-25 Closed and Joint SA PFA

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GENERAL AND SPECIAL RELEASE 6.1.G. - Page 3 1. PARTIES. This agreement is entered into by and between JAMES SOMERS ("Plaintiff'), on the one hand, and THE CITY OF REDWOOD CITY ("the CITY"), GREGORY McCARTHY and JESSICA McCARTHY ("the McCARTHY Defendants") on the other hand (collectively herein, "Defendants"). 2. DATE AND PLACE. This Agreement is deemed made on February 16, 2016, in San Jose, California. 3. RECITALS. This Agreement is made to resolve claims and disputes which have arisen between Plaintiff and Defendants, including but not limited to those claims asserted in that action captioned James Somers v. City of Redwood City, et al, which is presently pending in San Mateo County Superior Court as Civil Case No. 526195 ("the Subject Action"). It is the intention of the parties to settle and resolve all claims, known and unknown, which Plaintiff has against Defendants, whether or not such claims were asserted in the Subject Action. The parties hereby further agree as follows: 4. CONSIDERATION & CONDITIONS PRECEDENT. Delivery by Defendants no later than 30 days after approval of this settlement by the city council of the City of Redwood City to the Law Offices of Gregory C. Cattermole, one or more negotiable checks totaling, and not to exceed, $325,000.00 (Three Hundred Twenty-Five Thousand Dollars) ("the Settlement Funds"), as follows: 4.1 Out of the Settlement Funds, above, Defendant CITY will cause a check to be issued to Centers for Medicare or Medicaid Services ("CMS") in compliance with the Medicare Secondary Payer Statute ("MSP") as reimbursement for Medicare medical services received by Plaintiff JAMES SOMERS as a result of and in connection with the injuries asserted in the Subject Action in the amount of $38,543.08 (Thirty-eight Thousand Five Hundred Forty-Three Dollars and Eight Cents) ("MSP Payment"). 4.2 The remainder of the Settlement Funds (the total Settlement Funds minus the MSP Payment) shall be made payable to the Law Offices of Gregory C. Cattermole client trust account. 4.3 The McCARTHY Defendants' share of the total Settlement Funds shall be $75,000.00 (Seventy-five Thousand Dollars), inclusive of Medical Payment Coverage. The McCARTHY Defendants' payment of $75,000.00 will be made payable directly to the Law Offices of Gregory C. Cattermole client trust account. 4.4 Defendant CITY's share of the total Settlement Funds shall be $250,000.00 (Two Hundred and Fifty-Thousand Dollars). Included in the CITY's share of the total Settlement Funds are (1) the MSP Payment, above, and (2) payment to the Law Offices of Gregory C. Cattermole client trust account in the amount of $211,456.92 (Two Hundred Eleven Thousand Four Hundred Fifty-Six Dollars and Ninety-Two Cents). The CITY's obligations herein are conditioned on approval by the City Council. -1-