AgdaPkt 2017-09-25 Closed and Joint SA PFA

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GENERAL AND SPECIAL RELEASE ATTY/AGREEMENT/SETTLEMENTS/LAZLO REV: 09‐19‐17 MI Page 1 of 6 1. PARTIES. This agreement is entered into by and between NICHOLAS LASZLO (“Plaintiff”), THE CITY OF REDWOOD CITY, and GRANITE ROCK COMPANY, THE CITY OF REDWOOD CITY and GRANITE ROCK COMPANY shall be collectively referred to herein as “Defendants”. 2. DATE AND PLACE. This Agreement is deemed made on September , 2017 in San Francisco, 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 Nicholas Laszlo v. City of Redwood City, et al., which is presently pending in San Mateo County Superior Court as Civil Case No. 16CIV01950 (“the Subject Action”). It also is made to resolve any potential claims that defendants THE CITY OF REDWOOD CITY and GRANITE ROCK COMPANY may now or in the future have against each other arising out of Plaintiff’s accident that resulted in the filing of 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. It also is the intention of THE CITY OF REDWOOD CITY and GRANITE ROCK COMPANY to settle and resolve all claims they may have against each other, including but not limited to claims for indemnity or contribution. 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 Defendants herein; 4.2 Provision of Executed Dismissal with Prejudice. Delivery by Plaintiff to counsel for Defendants 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 Defendants until after Settlement Funds have been forwarded to counsel for Plaintiff; and 4.3 Timely and Proper Payment. Delivery by Defendants no later than 30 days after September 29, 2017 and the foregoing conditions have been satisfied to the Dolan Law Firm, PC, one or more negotiable checks in the total sum of $300,000.00 (Three Hundred Thousand Dollars) made payable to “The Dolan Law Firm in trust for Nicholas Laszlo,” and to no other persons ("the Settlement Funds"). THE CITY OF REDWOOD CITY’s negotiable check(s) made payable to “The Dolan Law Firm in trust for Nicholas Laszlo” shall be for $135,000 (One Hundred Thirty-Five Thousand Dollars). GRANITE ROCK COMPANY’s negotiable check made payable to “The Dolan Law Firm in trust for Nicholas Laszlo” shall be for $165,000 (One Hundred Sixty-Five Thousand Dollars). 4.4 Expert Fees. As further consideration for the release of all claims THE CITY OF REDWOOD CITY and GRANITE ROCK COMPANY may have against each other, THE CITY OF REDWOOD CITY and GRANITE ROCK COMPANY both agree to equally share (50% each) in the payment of the total amounts billed by the following expert witnesses: Thomas Sampson, M.D., Mark Strassberg, M.D., Joanna Berg, PhD., Raymond Merala, and Jason Droll, PhD. 6.1.E. - Page 3