AgdaPkt 2020-04-27 Joint SA PFA - Laserfiche WebLink

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6.A. - Page 3 of 11 SETTLEMENT AGREEMENT AND MUTUAL RELEASE 1. PARTIES. This Settlement Agreement and Mutual Release ("Agreement") is made by and between Plaintiff MARCUS SMITH ("Plaintiff' or "Releasor"), Defendant/Cross- Complainant/Cross-Defendant CITY OF REDWOOD CITY ("CITY"), Cross- Complainant/Cross-Defendant SAN MATEO COUNTY OFFICE OF EDUCATION ("SMCOE"), and Cross-Complainant/Cross-Defendant, SHORES BUSINESS CENTER ASSOCIATION ("SHORES"), and Cross--Complainant/Cross-Defendant THE MANOR ASSOCIATION, INC. ("MANOR") (CITY, SMCOE, SHORES and MANOR are hereinafter collectively referred to as "Defendants" or "Releasees"). Also, Plaintiff and the Defendants may be referred to collectively as "the Parties" or individually as a "Parry." 2. DATE AND PLACE. This Agreement is deemed made on April 7, 2020, in San Mateo County, California. 3. RECITALS. This Agreement is made to resolve claims and disputes which have arisen between Plaintiff and Defendants, including but not limited to those claims asserted in that action captioned MARCUS SMITH v. CITY OF REDWOOD CITY, et al., as well as the related Cross -Complaints, which are presently pending in San Mateo County Superior Court as Civil Case No. 18CIV01253 ("the Subject Action"). It is the intention of the Parties to settle and resolve all claims, known and unknown, which Plaintiff has against Defendants, and which Defendants may have against each other, whether or not such claims were asserted in the Subject Action. The Parties hereby further agree as follows.- 4. ollows: 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 copy of this Agreement is to be provided to counsel for Defendants herein. 4.2 Provision of Executed Dismissal with Prejudice by Plaintiff. Delivery by Plaintiff to counsel for Defendants a fully executed dismissal with prejudice of the entire action, each party to bear their own fees and costs; which dismissal will not be filed by CITY until after condition 4.5 has been satisfied. 4.3 Provision of W-9. Counsel for Plaintiffmust provide a fully executed 2020 W- 9 form to counsel for Defendants_ 4.4 Consent by City.. 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. (a) Defendants shall pay Plaintiff the total sum of $180,000.00, in accordance with the following breakdown: • CITY shall pay $120,000.00, • SMCOE shall pay $50,000.00, and • SHORES/MANOR shall pay $10,000.00. AT-FY/AGREEMENTS/SETTLEMENTS/SMITH -SETTLEMENT AGREEMENT & RELEASE REV: 04-07-2020 EI P.00 9 of G 10