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Last modified
4/23/2021 2:30:15 PM
Creation date
10/12/2020 12:06:19 PM
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Contracts
Company Name
AUSTIN BRITO
Contract #
A-2020-198
Agency
CITY ATTORNEY'S OFFICE
Council Approval Date
7/7/2020
Insurance Exp Date
1/1/2001
Destruction Year
0
Notes
INSURANCE NOT REQUIRED
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INSURANCE NOT REQUIRED Return ORIGINAL <br />executed copy to COTC, A-2020-198 <br />WORK MAY PROCEED M-30 <br />f1CiERK OF COUNCII. <br />�rr. <br />CI /ill �'pIMlA/i l �') (�01�✓(T.�Ct/1 �✓�YY71 Il Y�) f �P <br />J f Qualified Assignment and Release Agreement <br />In Accordance With Internal Revenue Code Section 130 <br />"Ciaenant(s)": <br />"Assignor": <br />rder Approving Unopposed Petition for Compromise of the arms o <br />"Settlement AgreomenV: BMlnor ,.8yand hT rough His Guardian Ad Litem, Yaneli Alonso Dated 09/24/2020 <br />[Date and title of settlement agreement, order or other document embodying <br />the Assignor's obligation to make the agreed periodic payments] <br />"Assignee": Mall w+ ns,; gmm�nt mm�an� Inr <br />"Annuity Issuer": mranna Comm <br />"Effective Data": <br />This Qualified Assignment and Release Agreement is made and entered Into as of the Effective Dale <br />by and among the undersigned parties with reference to the following facts: <br />A. Clalmant(s) and Assignor are parties to or are otherwise sub act to or entitled to receive payments <br />under the above -referenced Settlement Agreement, under which Assignor has liability to make certain <br />periodic payments to or for the benefit of Clalmant(s) as specified or referred to In paragraph 12 of <br />this Agreement (the "Periodic Payments"); and <br />B. Assignor and Assignee wish to effect a "qualified assignment" within the meaning and subject to the <br />conditions of Section 130(c) of the Internal Revenue Code of 1986, as amended (the "Code"). <br />Now, therefore, in consideration of the foregoing and for other good and valuable consideration, the <br />parties agree as follows: <br />1. Assignment and Assumption; Release of Assignor. Assignor hereby assigns to Assignee, and <br />Assignee hereby accepts and assumes, all of Assignor's Iiabillt to make the Periodic Payments <br />described In paragraph 12. Each Claimant hereby accepts and consents to such assignment by <br />Assignor and assumption by Assignee. Effective on the Effective Date, each Claimant hereby <br />releases and discharges Assignor from all liability to make the Periodic Payments. <br />2. Nature of Periodic Payments. The Periodic Payments constitute <br />1. damages (other than punitive damages), whether by suit or agreement, or <br />Ii. compensation under a workers' compensation act, <br />on account of personal Injury or sickness in a case involving physical injury or physical sickness, <br />within the meaning of Sections 130(c) and 104(a) of the Code. <br />3. Extent of Assignee's Liability. Assignee's liability to make the Periodic Payments shall be no <br />greater than the liability of Assignor immediately prior to the Effective Date. Assignee assumes no <br />liability other than the liability to make the Periodic Payments. Assignee's liability to make the Periodic <br />Payments described in Addendum No. 1 shall be unaffected by any bankruptcy or Insolvency of <br />Assignor. <br />4. Qualified Funding Asset. Assignee will fund the Periodic Pa ments by purchasing from Annuity <br />Issuer a "qualified funding asset," as defined In Section 130(d�af the Code, In the form of an annuity <br />contract (the "Annuity") issued by Annuity Issuer and providing foe payments corresponding to the <br />Pen dk Payments. Assignee shall be desi nated as the owner of the Annuity. All rights of Legal <br />ownership and control of the Annuity shallsubJect to paragraph 9 of this Agreement) be and remain <br />vested exclusively in Assignee; provided, however, that the Annuity shell be used by Assignee to fund <br />the Periodic Payments and shall at all times be designated by Assignee on Its records as being taken <br />Page 1 Version v12.00/r12.00 - QAR <br />
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