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6.1.D. - Page 3 GENERAL AND SPECIAL RELEASE
<br />1. PARTIES. This agreement is entered into by and between VELMA LAMBERT
<br />("Plaintiff'), on the one hand, and the CITY OF REDWOOD CITY, on the other hand
<br />("Defendant").
<br />2. DATE AND PLACE. This Agreement is deemed made on February/$, 2018, in
<br />the City of Redwood City, San Mateo County, California.
<br />3. RECITALS. This Agreement is made to resolve claims and disputes which have
<br />arisen between Plaintiff and Defendant, including but not limited to those claims asserted in that
<br />action captioned VELMA LAMBERT v. CITY OF REDWOOD CITY, et al., which is presently
<br />pending in San Mateo County Superior Court as Civil Case No. CIV 538085 ("the Subject
<br />Action"). It is the intention of the parties to settle and resolve all claims, known and unknown,
<br />which Plaintiff has against Defendant, which arise out of the incident alleged in the above -
<br />referenced complaint, whether or not such claims were asserted in the Subject Action. The
<br />parties hereby further agree as follows:
<br />4. CONSIDERATION & CONDITIONS PRECEDENT. This Agreement is
<br />contingent upon the occurrence of each of the following events, except, but only except, as they
<br />may be waived as specifically provided herein:
<br />4.1 Delivery of Executed Release. A fully executed and notarized copy of this
<br />agreement is to be provided to counsel for Defendant herein;
<br />4.2 Provision of Executed Dismissal with Preiudice. Delivery by Plaintiff to
<br />counsel for Defendant a fully executed dismissal with prejudice of the entire action, each party to
<br />bear its own fees and costs; which dismissal will not be Fled by Defendant until after Settlement
<br />Funds have been forwarded to counsel for Plaintiff;
<br />4.3 Provision of W-9. Counsel for Plaintiff must provide a fully executed 2018
<br />W-9 form to counsel for Defendant.
<br />4.4 Timely and Proper Payment. Delivery by Defendant CITY OF REDWOOD
<br />CITY no later than 30 days after the foregoing conditions have been satisfied to Owens Law Firm,
<br />one or more negotiable checks in the total sum of $65,500.00 made payable to "Owens Law Firm
<br />in Trust for Velma Lambert," and to no other persons ("the Settlement Funds").
<br />5. RELEASES. Except as to such rights as are created or preserved by this Agreement,
<br />in consideration for the payment described in Section 4.4, above, Plaintiff (hereinafter called the
<br />"Releasor"), does hereby forever release and discharge Defendant, and any of its respective
<br />subsidiaries, subdivisions, Board, Council, officers, directors, agents, insurers, reinsurers,
<br />attorneys, servants or employees, and all others, (hereinafter collectively called the "Releasees")
<br />from any and all actions, causes of action, obligations, costs, damages, losses, claims, liabilities
<br />and demands (including claims arising out of contract), arising out of or in any way connected
<br />with or resulting from the accident which allegedly occurred on or about February 10, 2015 on
<br />the sidewalk near the intersection of Egret Lane and Redwood Shores Parkway in Redwood City,
<br />California, and all of those matters set forth in the Subject Action, as a result of which personal
<br />ATTY/AGREEMENTS/S ETT L E M E NTS/LAM 8 E RT
<br />REV: 02 -OS -18 MI
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