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ATTY/AGR/SETTLEMENTS/2023/WESTPOINT HARBOR/WESTPOINT HARBOR SETTLEMENT AGREEMENT REV: 07-26-23 VR Page 1 of 7 SETTLEMENT AGREEMENT This Settlement Agreement (“Agreement”) is made and entered into on July __, 2023 (the “Effective Date”), by and between Westpoint Harbor LLC (“Westpoint”), on the one hand, and City of Redwood City (“City”), on the other hand. Westpoint and City collectively are referred to as the “Parties” or singularly as a “Party.” WHEREAS, Westpoint contends it has paid amounts in excess of all City fees reasonably called for the development and associated improvements for a restaurant and yacht club at Westpoint Harbor (the “Project”), located at 101 Westpoint Harbor Drive, Redwood City, CA (the “Property”); WHEREAS, City contends all fees for the Project had not been paid in full; WHEREAS, on October 7, 2022, Westpoint submitted a Public Records Act request (“the PRA Request”) asking the City to produce records relating to the Project; WHEREAS, a lawsuit is pending regarding the City’s compliance with the PRA Request: Westpoint Harbor LLC v. City of Redwood City, County of San Mateo Superior Court, Case No. 23-CIV-00954 (the “PRA Action”); WHEREAS, Encroachment Permit CP20-0222 (“Encroachment Permit”) has not been finalized due to a pending dispute between the Parties regarding water facilities installed pursuant to said permit; and WHEREAS, to avoid the cost and expense associated with a potential dispute over the amount of fees owed for the Project and further litigation over the PRA Action, and the pending dispute over the Encroachment Permit, and after consultation with counsel, the Parties wish to settle all disputes as between them relating to the subject matter of this Agreement. NOW THEREFORE, in consideration of the foregoing and the mutual representations, promises, covenants, and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, and intending to be bound, the Parties agree as follows: 1) Recitals Incorporated. The foregoing recitals are incorporated herein and are made part of this Agreement. 2) Definitions. a) As used in this Agreement, “Based Upon” means “based upon,” “attributable to,” “arising out of,” “in connection with,” and/or “related to,” with those terms having ascribed to them the fullest meaning under the law. 28