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Agmt22 Alison Madden
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Agmt22 Alison Madden
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Last modified
8/2/2022 12:13:56 PM
Creation date
8/2/2022 12:13:26 PM
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Agreement
Contractor Name
Alison Madden
PROJECT NAME
Settlement Agreement between Alison Madden and the City of Redwood City
RMP File Number
304
Date
7/25/2022
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Other Litigants that obligates the City to pay to any one of the Other Litigants an amount that is <br />higher than the amount of the Madden Claims Payment, and (b) Tenant has satisfied each of her <br />obligations under Sections 4 through 7 above, the City shall make a supplemental payment to <br />Tenant in the amount of the difference between $275,000 and the amount owed to the Other <br />Litigant under the City's settlement agreement with that Other Litigant (if there is more than one <br />Other Litigant, the supplemental payment to Tenant shall be in the amount of the difference <br />between $275,000 and the highest amount owed to one of the Other Litigants). <br />Any obligation for the City to make any payment to any Other Litigant's attorney(s) for litigation <br />costs and expenses pursuant to a settlement agreement with the Other Litigant, including attorney's <br />fees, shall not be considered part of the settlement amount owed to the Other Litigant for the <br />purposes of this paragraph. <br />If this supplemental payment obligation is triggered, the City shall, on or after January 2, 2023, <br />promptly mail the supplemental payment to Alison Madden at P.O. Box 620650, Woodside, CA <br />94062, or to such other mailing address for which Tenant has provided notice to the City pursuant <br />to Section 12(1) below. <br />9. Attorney's Fees and Costs: Except as otherwise set forth herein, each Party shall <br />bear their own attorney's fees and costs with respect to the subject matter of this Agreement <br />(including without limitation the Litigation, Government Code Claims, other subject matter of the <br />Recitals, and the negotiation and enforcement, if necessary, of this Agreement). In addition, <br />Tenant shall not claim any right to recover attorney's fees or costs incurred representing any third <br />party with respect to any Docktown-related litigation. Tenant further represents and warrants that <br />she did not enter into any written or oral retainer or legal services agreement with any third party <br />with respect to any Docktown-related litigation which obligated any third party to pay Tenant any <br />attorney's fees or costs. In addition, the Parties agree that the Pro -Per Attorney Work Payment is <br />intended to fully compensate Tenant for any and all legal work and costs incurred related to <br />Docktown, including on behalf of any third parties against whom the City has filed unlawful <br />detainer proceedings. Tenant further agrees that she shall cooperate with the City and affirm the <br />veracity of the forgoing paragraph through a sworn declaration in the event any third party seeks <br />to recover attorney's fees or costs purportedly incurred through Tenant's work in connection with <br />such proceedings. <br />10. Taxes: Tenant expressly acknowledges and agrees that any local, state, or federal <br />tax consequences arising from City's payment of any sums hereunder shall be the full <br />responsibility of Tenant to investigate and address based on independent legal advice. Tenant <br />understands and agrees that the City may issue forms, for example form 1099s, associated with <br />the City's payment of any sums hereunder, and agrees that the City, in its sole discretion, may <br />choose what forms, if any, to issue. Tenant does not agree, by the terms in this provision, that <br />City's classification, by using any such forms in its discretion, is accurate for taxation purposes, <br />and Tenant reserves the right to seek tax advice and take such positions as such advice supports, <br />respecting classification and/or taxation of the payments provided for in this Agreement, whether <br />the total or the constituent parts (i.e., Installments, Madden Claims Payment and Pro -Per Attorney <br />Work Payment). Tenant hereby releases the City for any purported liability that might arise from <br />the City's issuance of any forms associated with the payment of any sums hereunder, including <br />ATTY/AGR/SETTLEMENTS/SETTLEMENT AGREEMENT - ALISON MADDEN <br />REV: 07-21-22 VR <br />Page 7 of 13 <br />
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