2003 AGN JAN 21 Closed Session City of COlton v. Steward

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4. Payment be Defendant. Defendant shall pay Plaintiff the sum of $175,000 within 90 days after execution of this Agreement. The funding source proposed for this payment obligation is the proceeds of sale of Defendant's property at 386 Beaumont Avenue, Beaumont, California bearing assessor parcel no. 418-190-027 ("Property"). Defendant will open escrow for the sale of the Property, cause the escrow holder to designate the Plaintiff as the recipient of $175,000 from the proceeds of sale and provide Defendant with the escrow instructions within ten days after execution of this Agreement. Defendant shall instruct the escrow holder to provide Plaintiff with any amendments to the escrow instructions whenever the escrow instructions are amended. In the event that the proceeds of sale are insufficient to satisfy the Defendant's payment obligation specified herein, or the escrow does not close for any reason, Defendant will satisfy the payment obligation from any source of funds available to Defendant. 5. Cooperation by Defendant. Defendant shall cooperate with Plaintiff in connection with Plaintiff's prosecution of the Complaint against the remaining defendants. The cooperation shall include, but not be limited to: (a) providing Plaintiff with all documents relating to the Complaint in the possession of Defendant or Defendant's attorneys, agents or employees; (b) providing Plaintiff with interviews, including full disclosure of the involvement of the Defendant, other co-defendants and anyone else involved in the allegations of the Complaint; (c) informally providing information called for in discovery requests that have been made by Plaintiff to the extent legally permissible; and (d) testifying on behalf of Plaintiff at deposition and trial in this action. The Defendant's obligation to cooperate survives this Agreement and remains effective as long as the Complaint is pending against anyone. 6. Good Faith Settlement. This Agreement shall be contingent upon Defendant making a motion and obtaining a court order that this settlement is made in good faith, pursuant to Code of Civil Procedure section 877.6(a). 7. Release and Discharge. Subject to the preconditions described in paragraphs 4, 5 and 6, Plaintiff will release and discharge Defendant, Defendant's predecessors and successors in interest, heirs, and assigns from, and relinquish, any and all past, present, or future claims, demands, obligations, or causes of action for compensatory or punitive damages, costs, losses, expenses, and compensation, whether based on tort, contract, or other theories of recovery, that Plaintiff now has or may hereafter have against Defendant arising from the subject matter of the Complaint described in paragraph 2. 8. Restitution. The parties agree that the payment (s) described in paragraph 4 constitute full and complete restitution and satisfy (ies) any restitution obligation that Alan Berlin Steward now has or may have in the future to the CITY OF COLTON, a municipal corporation, and/or the REDEVELOPMENT AGENCY FOR THE CITY OF COLTON, a public body corporate and politic and/or any and all other parties to this Agreement, under any provision of state or federal law, including but not limited to 18 U.S.C. §§ 3663 and 3663A, U.S. Sentencing Guidelines § 5E1.1, and California Penal Code § 1202, et seg. -2-