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SETTLEMENT AGREEMENT AND RELEASE
<br />This Settlement Agreement and Mutual Release ("Agreement") is made and entered into
<br />by the City of San Leandro ("City") and Richard Brunelle (`Brunelle"). This Agreement is
<br />effective and binding as of the latest execution date by the Parties, provided below, and
<br />enforceable pursuant to California Code of Civil Procedure section 664.6.
<br />TERMS AND CONDITIONS
<br />1. City's Obligations. City shall pay a total settlement amount of Four Thousand
<br />Dollars ($4,000) in one lump sum for Brunelle's absolute, unconditional and irrevocable release,
<br />and discharge of City and its elected and appointed officials, officers, directors, agents,
<br />employees, representatives, successors and assigns, attorneys, ("Released Parties" or
<br />"Releasees"), and each of them, of and from any and all past or present liability, claims, actions,
<br />causes of action, judgments, suits, damages, debts, obligations, covenants, warranties,
<br />undertakings, promises, agreements, representations, demands, liens, and expenses of any kind,
<br />nature, or description whatsoever, whether in law or in equity, known or unknown, liquidated or
<br />unliquidated, direct or indirect, due or to become due, contingent or otherwise which Brunelle
<br />has, may have had, now have, may have, or can, shall, or may ever have in the future, in any
<br />way, based upon, related to, arising from or out of, contained in, or by reason of any claims,
<br />controversies, or disputes including but not limited to any damages and/or compensation of any
<br />nature whatsoever, whether based in tort (intentional or unintentional), contract, or other theory
<br />of recovery that Brunelle now has, or which may hereafter accrue or otherwise be acquired either
<br />personally or in a representative capacity in connection with, arising from, or relating to any San
<br />Leandro Marina berth or other lease or rental with City. This Agreement shall be enforceable in
<br />all circumstances. It may be pled as a full and complete defense to any action or other
<br />proceeding and as the basis for a cross -complaint for indemnity and damages, costs, and
<br />expenses.
<br />2. Release of All Statutory Claims. In addition to the actions, causes of action,
<br />judgments, suits, damages, debts, obligations, covenants, warranties, undertakings, promises,
<br />agreements, representations, demands, liens, defenses, attorney's fees, costs, and expenses
<br />identified in this Agreement, the Settlement Funds are also intended to and shall satisfy all
<br />statutory claims including but not limited to Federal, State or local statutory claims and
<br />ordinances, and Brunelle hereby waive all rights to recover any additional sum and is fully and
<br />completely compensated, and agrees that the Settlement Funds constitute a full set off of all
<br />losses known and unknown as to the Parties only.
<br />3. Waiver of Civil Code Section 1542. Brunelle expressly agrees and understands
<br />that they shall have no further claims against the Released Parties based on the released matters
<br />set forth herein. Brunelle acknowledges California Civil Code section 1542, which provides as
<br />follows:
<br />A general release does not extend to claims that the creditor or
<br />releasing party does not know or suspect to exist in his or her
<br />favor at the time of executing the release and that, if known by
<br />him or her, would have materially affected his or her settlement
<br />with the debtor or released party.
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