AgdaPkt 2019-12-09 Joint SA FPA - Laserfiche WebLink

Browse Search

5.B. Page 3 of 7 GENERAL AND SPECIAL RELEASE 1. PARTIES. This Agreement is entered into by and between LINDA L. CORNELL ("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 December, 2019, 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 Defendant, including but not limited to those claims asserted in that action captioned LINDA L. CORNELL v. CITY OF REDWOOD CITY, et al., which is presently pending in San Mateo County Superior Court as Civil Case No. 19CIV00360 ("the Subject Action"). It is the intention of the parties to settle and resolve all claims, known and unknown, which Plaintiff has against Defendant, 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 Defendant herein. 4.2 Provision of Executed Dismissal with Prejudice. Delivery by Plaintiff to counsel for Defendant 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 Defendant until after conditions 4.4 and 4.5 have been satisfied. 4.3 Provision of W-9. Counsel for Plaintiff must provide a fully executed 2019 W-9 fonn to counsel for Defendant. 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 no later than 6 weeks after conditions 4.1, 4.2, 4.3 and 4.4 have been satisfied to Law Offices of Dan Beatty, one or more negotiable checks in the total sum of $75,000 made payable to "Law Offices of Dan Beatty in Trust for Linda L. Cornell," and to no other persons ("the Settlement Funds"). 4.6 Letter for Submittal to Kaiser. After approval of the settlement by Council, defense counsel for Defendant City of Redwood City will provide Plaintiffs counsel with a letter stating that the parties reached agreement to resolve the case based on an evaluation of at least 50% comparative fault to Plaintiff. 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 ATTY/AGREEMENTS/SETTLEMENTS/CORNELL-GENERAL & SPECIAL RELEASE REV: 11-26-19 EI Page 1 of 5