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6.A. - Page 4 of 13
<br />Request for Dismissal will not be filed by Co -Defendant until it has been informed
<br />that all settlement funds have been forwarded to Plaintiffs' attorney;
<br />3. Provision of W-9. Counsel for Plaintiffs must provide a fully executed 2019 W-9
<br />form to counsel for Co -Defendant; and
<br />4. Consent by City Council. The City Council for Co -Defendant must provide its
<br />consent and approval of the proposed settlement and of the terms of this Agreement.
<br />Payment by Co -Defendant shall be made no later than 45 days after each of the
<br />foregoing conditions has been satisfied. Payment shall be made by one or more
<br />negotiable checks in the total sum of Fifty -Five Thousand Dollars ($55,000.00) made
<br />payable to "Gregory C. Cattermole, Esq. in Trust for Irina Dynin and Efim Dynin" and
<br />to no other persons.
<br />b. Defendant shall pay to Plaintiffs the sum of $25,000.00. Defendant shall issue payment
<br />as follows: to LAW OFFICES OF GREGORY C. CATTERMOLE CLIENT TRUST
<br />ACCOUNT FOR IRINA DYNIN AND EFIM DYNIN. Payment from Defendant to be
<br />provided to Plaintiffs within 60 days of receipt by Defendant of all the following: a
<br />signed copy of this Agreement and an executed Payee Data Record provided by
<br />Defendant; however, Defendant will use best efforts to issue the check earlier than 60
<br />days. Without conceding that Plaintiffs suffered any personal injuries as a result of any
<br />actions or inactions of Defendant, the parties agree that payments described in this
<br />paragraph shall be considered payments for alleged personal injuries.
<br />Plaintiffs acknowledge and agree that neither Defendant, Co -Defendant, nor any of
<br />their respective employees, agents, boards, council, representatives, contractors,
<br />principals, attorneys, insurers, or anyone else acting or purporting to act on behalf of
<br />either of them, has trade any representation whatsoever to Plaintiffs regarding the tax
<br />consequences of any settlement payment. Plaintiffs shall be solely responsible for all
<br />tax liabilities, if any, as a result of Plaintiffs' receipt of the settlement payments and
<br />understand that an IRS form 1099 will be issued to Plaintiffs' attorney for the
<br />settlement amount.
<br />3. RELEASE BY PLAINTIFFS: Except as to rights created or preserved by this
<br />Agreement, in consideration for the payments described in Section 2 above and the other
<br />terms of this Agreement, Plaintiffs hereby forever release and discharge Defendant and
<br />Co -Defendant, and each of their respective boards, councils, officers, directors, agents,
<br />departments, divisions, insurers, reinsurers, attorneys, servants, employees, and all others
<br />from any and all claims, actions, causes of action, obligations, costs, damages, losses, fees,
<br />expenses, liabilities and demands, whether based on theories of tort, contract, equity or
<br />otherwise, arising out of, connected with, or resulting from the Subject Accident, and all
<br />of those matters set forth in the Subject Action.
<br />4, RELEASE BY CITY OF REDWOOD CITY: The City does hereby forever release and
<br />discharge the State, and its boards, councils, officers, directors, agents, departments,
<br />divisions, insurers, reinsurers, attorneys, servants, employees, and all others from any and
<br />ATTY/AGR/SETTLEMENTS/SETTLEMENT AGREEMENT DYMN
<br />REV: 07-08-19 MI
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