Agmt22 Alison Madden - Laserfiche WebLink

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Q. Tenant and the City participated in a follow-up mediation with the Honorable James Lambden on June 30, 2022. Tenant and the City then engaged in subsequent bilateral negotiations. R. The Parties, wishing to avoid the uncertainties, delay and expense of continuing the Litigation and/or litigating disputes related to the Government Code Claims agree to settle upon the following terms. TERMS In consideration of the Recitals set forth above, the terms and conditions of this Agreement and other valuable consideration, the adequacy of which is hereby acknowledged, Tenant and the City agree as follows: 1. Recitals: The foregoing Recitals are true and correct and incorporated herein 2. Settlement Payment: a. Amount: The City shall pay to Tenant, and Tenant shall accept, Four Hundred Twenty -Five Thousand Dollars ($425,000) ("Settlement Payment") in full settlement and compromise of the Litigation and Government Code Claims and in release and discharge of any and all claims and causes of action arising out of the events or incidents referred to in the pleadings in the Litigation and disputes related to the Government Code Claims, and under the terms and conditions set forth in this Agreement. As a matter of convenience, the Settlement Payment is deemed to be comprised of two components: Two Hundred Seventy -Five Thousand Dollars ($275,000) as compensation for and any and all claims that have been or could be alleged with respect to the subject matter of this Agreement, including without limitation claims for damages, just compensation for inverse condemnation, relocation assistance, and/or value of any personal or real property such as Inferno or any other vessel ("Madden Claims Payment"); plus (ii) One Hundred Fifty Thousand Dollars ($150,000) as compensation for any litigation expenses Tenant could arguably claim as attorney's fees or costs for representing herself in pro per or otherwise providing attorney services in connection with the subject matter. of this Agreement ("Pro -Per Attorney Work Payment"). b. Timine: The Settlement Payment shall be paid in three installments, under the terms and conditions set forth below. 3. Payment Installments: a. First Installment Payment to Tenant: Within fourteen (14) days of the Effective Date, the City shall mail a first installment payment to Tenant in the sum of Twenty -Five Thousand Dollars ($25,000) ("First Installment") to Alison Madden at P.O. Box 620650, Woodside, CA 94062, or to such other mailing address for which Tenant has provided notice to the City pursuant to Section 12(1) below. Alternatively, if Tenant has timely scheduled an appointment with the City Clerk, for a date and time when City Hall is open, Tenant can pick up the First Installment at City Hall. ATN/AGR/SETTLEMENTS/SETTLEMENT AGREEMENT - ALISON MADDEN REV: 07-21-22 VR Page 3 of 13