AgdaPkt 2019-07-22 Joint SA PFA - Laserfiche WebLink

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6.A. - Page 3 of 13 SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release ("Agreement" or "Release") is made by and between Plaintiffs IRINA DYNIN and EFIM DYNIN ("Plaintiffs"), Co -Defendant CITY OF REDWOOD CITY ("Co -Defendant"), and Defendant STATE OF CALIFORNIA, ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION ("Defendant"). Plaintiffs, Co -Defendant, and Defendant are hereinafter collectively referred to herein as the "Parties". RECITALS WHEREAS, Plaintiffs filed a civil lawsuit in the County of San Mateo, Superior Court Case No. 17CIV05787 (the "Subject Action"); and WHEREAS, the subject matter of said Subject Action is a trip -and -fall accident (the "Subject Accident") that occurred on or about December 12, 2016 on the eastern sidewalk along northbound El Camino Real, State Route 82, at its intersection with Chestnut Street in Redwood City within San Mateo County at post mile marker 03.65; and WHEREAS, Defendant and Co -Defendant each dispute and deny any liability in the Subject Action; and WHEREAS, the parties now desire to resolve all claims which may exist arising out of and relating to the Subject Action. NOW, THEREFORE, in consideration of the above premises and the following terms, covenants and provisions, it is agreed as follows: 1. EXECUTION OF THIS AGREEMENT: The Parties shall each execute this Agreement or a counterpart copy hereof and upon doing so the terms set forth herein shall be binding,and enforceable upon the Parties, and each of them. 2. PAYMENT TO PLAINTIFFS: Co -Defendant and Defendant shall pay to Plaintiffs, in full and final settlement of all claims, the total sum of $80,000.00, apportioned as follows: a. Co -Defendant shall pay to Plaintiffs the sum of $55,000.00 no later than 45 days after all of the following conditions have been satisfied. This Agreement is conditioned upon the occurrence of each of the following events, except, and only except, as any such event is explicitly waived in a writing signed by all Parties: 1. Delivery of Executed Release. A fully executed and notarized copy of this Agreement is to be provided to counsel for Co -Defendant herein; 2. Provision of Executed Request for Dismissal with Prejudice. A fully executed Request for Dismissal of the entire Subject Action, with prejudice, is to be delivered to counsel for Co -Defendant, with each party to bear its own fees and costs, Said ATTY/AGR/SETTLEMENTS/SETTLEMENT AGREEMENT DYNIN REV; 07-08-19 Mf Rage 1 of 9 11