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CA Settlement Agreement and Release (Claim 3-1-3234)0x/09/2019 15:36 8592824372 CMBRINKERDMDPSC PAGE 05/10 q -3-x25 SETTLEMENT AGREEMENT AND RELEASE THIS ACREEMBN T is entered into this '?rYday of ( 2019 by and between RACHEL 13RINKER and CHRISTOPHER BREAKER, (collectively bereaftcr a "CLAIMANTS"), and the CITY OF SAN RAFAEL ("CITY'. REC'ZTALS a. WHEREAS, CLAIMANTS are the owners of real property located in the City of San Rafael, County of Marin, State of California,commonly known as 80 Upper Tayon Drive, San Rafael, CA 94903, Assessor's Parr -el No. 012-26t-081 (the 'PROPER'T'Y"); and. b. VaIMAS, on or about January 10, 2018, CLAIMANTS filed a claim with the City Clerk of CITY, stating a claim for storm -related landslide damages to the PROPERTY in an unspecified amount, including but not limited to loss of'fencing, landscaping and lighting along or near the fence, irrigation systems and plantings, alleged to have been caused by City in connection with the construction andior maintenance of Upper Toyon Drive,.a City-maintaiaed public street; and c. WHEREAS, CITY assigned C1abm No. 3-1-3234 to CLAIMANTS' claim; and d. WHEREAS, by letter dated March 2, 2018,'C1TY, through its third -party claims administrator, mailed to CLA54ANTS a notice that their claim had been rejected'by ' operation of law; and e. WI-EEREAS,'CITY denies liability for the darnagcs to the MOPERT"Y alleged in CL.AWANT'S claim and f WHEREAS, the parties wish to fully and finally resolve and settle their diffem aces conceming Claim No. 3-1-3234, as set Forth herein; 00084287 t,d riQQ���,,; 1 � �d ri,SiAsiaL 04/09/2019 15:36 8592824372 CMBRINKERDMDPSC PAGE 07/10 NOM, THEREFORE, CLAIMANTS and CITY agree as :follows: AGREEMENT d. Without admitting laabil.ity for the darrt.ages alleged is CLADAAWrS claIM CITY, at its own expense, agreed to perform certain repair work on and adjacent to The PROPERTY, including but not limited to grading and clearing of vegetation, installation of a new cast-in-drilled- bole ast in -drilled - hole regaining wall adjacent to Upper Toyon Drive across the slide area on the PROPERTY, repair of the fence along the roadside, repair of the lowet retaining ARE, Bnd restOratior► of The PROPERTY at the conclusion of con%tru,eticm, all as more particularly described in the plans designated 112017 Storm Damage Repair - #80 Upper Toyan Drive; ProjectNo.11329" Oa file the CITY'S Department of'Public Works (the I?rojeet Plans"). Such work has been completed to CLATMANTS' satisfaction. 2. in consideration for CITY' S promises made herein and the work done pursuant to this Agreetnwn CLADUNTS, and each of them, hereby fully release and discharge the CTTY from any and all claims, demands, liabilities, obligations, debts, causes of action known or unknown, suspected or unsuspected, which they may have ox r,; anytime heretofore had relating to -the events and/or damages Haat are the subject of Claim No. 3-1-3234. 3_ It is intcaded by the parties that the release contained herein shall operate as a general and complete unqualified release and in fuMerance of this intention, CLAMAW. s %expressly waive i d relinquish all rights and benefits under Section 1542 of the Califvmia Civil Code which provides: .A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the. debtor. 00084297 Z,d dLO:ZG 6L 60AV 04/09/2019 15:36 8592824372 CMBRINKERDMDPSC PAGE 06/10 5. This Settlement Agreement and Release steal l be binding on all the parties, and on their heirs, successors end assigns. CLA,AVIANTS: RACHEL� R ° amsHER.BRINKER CITY QT SAN P."AEL: By; .. S Hl;T7, Ci M agcy ATTEST: By: l�i U DSA.Y LARA, City Clerk APPROVED AS TO FORM: By: La ROBERT C. EpmEA city A orney 00084297 3 g•d dLO:ZI 6l 60AV vx RA Fq i 0 ,Ty WITH A' CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: City Attorney Project Manager: Lisa Goldfien Extension: 3081 Contractor Name: Settlement Agreement -Claim # 3-1-3234 (PW) Rachel Brinker Contractor's Contact: n/a Contact's Email: n/a ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE n/a Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor 2/26/2019 b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement Click here to and return to Project Manager enter a elate ❑ b. Confirm insurance requirements, create Job on n/a Department Director PINS, send PINS insurance notice to contractor 3 Approval of final agreement form to send to Click or tap ❑ contractor to enter a Forward three (3) originals of final agreement to date. 4 Project Manager Click here « ❑ contractor for their signature enter a date. 5 Project Manager When necessary, contractor -signed agreement ❑ N/A agendized for City Council approval "City Council approval required for Professional Services ❑ Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed 11141 agreement 8 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 9 City Manager/ Mayor Agreement executed by City Council authorized C� _ �� City Clerk official l 10 Attest signatures, retains original agreement and forwards copies to Project Manager q (q ( q