AgdaPkt 2018-11-05 Joint SA PFA - Laserfiche WebLink

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6.F. - Page 3 of 6 GENERAL AND SPECIAL RELEASE 1. PARTIES. This agreement is entered into by and between MARIA VENTURINO ("Plaintiff'), on the one hand, and the CITY OF REDWOOD CITY, on the other hand ("Defendant"). 2. DATE AND PLACE. This Agreement is deemed made on October , 2018, in the City of Redwood City, San Mateo County, California. 3. RECITALS. This Agreement is made to resolve claims and disputes which have arisen between Plaintiff and the City of Redwood City, including but not limited to those claims asserted in that action captioned MARIA VENTURINO v. CITY OF REDWOOD CITY, et al., which is presently pending in San Mateo County Superior Court as Civil Case No. 17CIV04073 ("the Subject Action"). It is the intention of the parties to settle and resolve all claims, known and unknown, which Plaintiff has against the City of Redwood City, 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 the City of Redwood City herein; 4.2 Provision of Executed Dismissal with Prejudice. Delivery by Plaintiff to counsel for the City of Redwood City a fully executed dismissal with prejudice of the entire action as to the City of Redwood City, each party to bear its own fees and costs; which dismissal will not be filed by the City of Redwood City until after Settlement Funds have been forwarded to counsel for Plaintiff; 4.3 Provision of W-9. Counsel for Plaintiff must provide a fully executed 2018 W-9 form to counsel for the City of Redwood City. 4.4 Consent by Council. The City Council for the City of Redwood City provides its consent and approval of this settlement and release. 4.5 Timely and Proper Payment. Delivery by Defendant City of Redwood City no later than 30 days after the foregoing conditions have been satisfied to Corsiglia, McMahon & Allard, one or more negotiable checks in the total sum of $375,000.00 made payable to "Corsiglia, McMahon & Allard in Trust for Maria Venturino," 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 payment described in Section 4.5, above, Plaintiff (hereinafter called the "Releasor"), does hereby forever release and discharge the City of Redwood City, and any of its respective subsidiaries, subdivisions, Board, Council, 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, ATTY/DOCS-AGREEMENTS/SETTLEMENTS- VENTURING GENERAL & SPECIAL RELEASE REV: 10-23-18 RL Page 1 of 5