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<br />ORIGINAL <br /> <br />6.1E <br />Page 3 <br /> <br />SETTLEMENT AGREEMENT AND GENERAL RELEASE <br />("Sonic Automotive") <br /> <br />This Settlement Agreement is made this a day of ~ ~, 2008 <br />by and between City of Redwood City, a charter city and mum ipal corporation ("City"), <br />and Sonic Automotive. Inc., a California corporation ("Sonic"). <br /> <br />WHEREAS. a dispute has arisen between the parties in relation to (1) the <br />restoration of a masonry retaining wall and related improvements located on the Sonic <br />property that were related to the Ralston/101 Interchange Project Right of Way <br />Acquisition ("Project"). and; <br /> <br />NOW THEREFORE, without admitting liability or fault, the parties wish to resolve <br />the matter as set forth below: <br /> <br />TERMS <br /> <br />1. Sonic requires the construction and installation of Masonry Retaining Wall <br />"C" per plans entitled "AUTOBAHN MOTORS PARKING CIVIL PLANS," dated June <br />_, 2006 (the "Plans") prepared by the Mark Thomas & Company, which is attached <br />hereto and incorporated herein by this reference as Exhibit "A". The improvements <br />shall only include Masonry Retaining Wall JIG" and all related improvements set forth in <br />the Plans. <br /> <br />2. The estimated cost for the Improvements provided to the City by <br />is Eighty Five Thousand Seven Hundred Ninety Five Dollars ($85,795). <br /> <br />3. In lieu of the City's obligation to restore the Improvements, the City shall <br />make payment to Sonic in the amount of Eighty Five Thousand Seven Hundred Ninety <br />Five Dollars ($85,795) upon execution of this Agreement. <br /> <br />4. Sonic shall proceed with the Improvements within thirty (30) days from the <br />date of receipt of the execution of this agreement. and shall diligently pursue the <br />completion of the Improvements. The Improvements shall be completed by October 1. <br />2007. <br /> <br />5. Construction and installation of the Improvements are the obligations of <br />Sonic with no participation by the City. Ownership of the Improvements and <br />maintenance responsibilities therefore shall solely be the responsibility of Sonic. Sonic <br />is not an employee, independent contractor or agent of the City. <br /> <br />6. This is a compromise settlement of disputed claims, and shall not be <br />construed as an admission of liability. fault, or wrongdoing on the part of any party. <br /> <br />7. In consideration of the above terms, Sonic, its successors, attorneys, <br />insurers. brokers, principals, officers. directors, shareholders, partners, guarantors. <br />Atty/Agr/Settlment Agreement/Sonic Automotive <br />112806 <br />