AgdaPkt 2017-06-12 Joint SA PFA - Laserfiche WebLink

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GENERAL AND SPECIAL RELEASE 1.PARTIES.This agreement is entered into by and between LANCE WONG (“Plaintiff’),on the one hand,and THE CITY Of REDWOOD CITY (“Defendant”)on the other hand. 2.DATE AND PLACE.This Agreement is deemed made on June 5,2017,in Redwood City,California. 3.RECITALS.This Agreement is made to resolve claims and disputes which have arisen between Plaintiff and Defendant,including but not limited to those claims asserted in that action captioned Lance Wong v.City of Redwood City,et al.,which is presently pending in San Mateo County Superior Court as Civil Case No.C1V53 7783 (“the Subject Action”).It is the intention of the parties to settle and resolve all claims,known and unknown,which Plaintiff has against Defendant,whether or not such claims were asserted in the Subject Action.The parties hereby further agree as follows: 4.CONSIDERATION &CONDITIONS PRECEDENT.This Agreement is contingent upon the occurrence of each of the following events,except,but only except,as they may be waived as specifically provided herein: 4.1 Delivery of Executed Release.A fully executed and notarized copy of this agreement is to be provided to counsel for Defendant herein; 4.2 Provision of Executed Dismissal with Prejudice.Delivery by Plaintiff to counsel for Defendant a fully executed dismissal with prejudice of the entire action, each party to bear its own fees and costs;which dismissal will not be filed by Defendant until after Settlement funds have been forwarded to counsel for Plaintiff; and 4.3 Timely and Proper Payment.Delivery by Defendant no later than 30 days after the foregoing conditions have been satisfied to the Law Offices of Boris E. Efron,one or more negotiable checks in the total sum of $82,500.00 (Eighty-Two Thousand five Hundred Dollars)made payable to Lance Wong and the Law Offices of Boris E.Efron,and to no other persons (“the Settlement funds”). 5.RELEASES.Except as to such rights as are created or preserved by this Agreement,in consideration for the payments described in Section 4.3 above,Plaintiff (hereinafter called the “Releasor”)does hereby forever release and discharge Defendant,and any of its respective subsidiaries,subdivisions,parent corporations,officers,directors, agents,insurers,reinsurers,attorneys,servants or employees,and all others (hereinafter collectively called the “Releasees”)from any and all actions,causes of action,obligations, costs,damages,losses,claims,liabilities and demands (including claims arising out of contract),arising out of or in any way connected with or resulting from the accident which allegedly occurred on July 26,2015,on or about Marshall Street in Redwood City, California,and all of those matters set forth in the Subject Action,as a result of which personal injury and other loss and damage were alleged to have been sustained by Plaintiff. 6.1.F. - Page 4