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CORTEZ, MELISSA, A MINOR, BY AND THROUGH HER PARENT AND LEGAL GUARDIAN, ARTURO CORTEZ (2)
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CORTEZ, MELISSA, A MINOR, BY AND THROUGH HER PARENT AND LEGAL GUARDIAN, ARTURO CORTEZ (2)
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4/23/2021 3:13:15 PM
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CORTEZ, MELISSA, A MINOR, BY AND THROUGH HER PARENT AND LEGAL GUARDIAN, ARTURO CORTEZ
Contract #
A-2015-132
Agency
City Attorney's Office
Council Approval Date
7/7/2015
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for the cross-defendant(s) in each of their respective cross -complaints, Requests for Dismissal, <br />with prejudice, as to their cross -complaints, dismissing all named and unnamed cross -defendants, <br />and thereby releasing all of their claims as against all named and unnamed cross -defendants. <br />1.5 The Parties hereby acknowledge and agree that the settlement contemplated by <br />this Agreement is subject to, and conditioned upon, the Court's approval of the Petition for the <br />Court's Approval of the Minor's Compromise. <br />1.6 The Parties hereby acknowledge and agree that the settlement contemplated by <br />this Agreement is further subject to, and conditioned upon, approval and ratification of this <br />Agreement by the Board of Directors of EL SOL. <br />1.7 The Parties hereby acknowledge and agree that the settlement contemplated by <br />this Agreement is also subject to, and conditioned upon, approval and ratification of this <br />Agreement by the City Council of the CITY. <br />2. Settlement Amount: <br />2.1 In consideration of the statements, covenants, promises, obligations, undertakings, <br />releases, and dismissals set forth in this Agreement, payment in the total suin of $375,000.00 <br />(Three Hundred Seventy Five Thousand Dollars), present value, with the following breakdown: <br />$250,000.00 (Two Hundred Fifty Thousand Dollars) on behalf of EL SOL, $100,000.00 (One <br />Hundred Thousand Dollars) on behalf of CITY, and $25,000.00 (Twenty Five Thousand Dollars) <br />on behalf of RODRIGUEZ, (hereinafter collectively referred to as the "Settlement Amount") <br />will be made to CORTEZ according to the specifications set forth in subsection 2.2, below. <br />2.2 Payments <br />In consideration of the release set forth in Section 5 below, the Defendants, <br />through their insurers (California Charter Schools Joint Powers Authority DBA: <br />CharterSAFE for EL SOL, and State Farm Mutual Automobile Insurance Companies for <br />RODRIGUEZ, and the CITY for itself), and, in the event a Defendant is not insured, that <br />Defendant (collectively referred to as "the Payers") agree to pay to Melissa Cortez (the <br />"Payee") the sums outlined in this Section as follows: <br />(a) Payments due at the time of settlement as follows: <br />See Exhibit "A" <br />(b) Periodic payments made according to the schedule as follows (the <br />"Periodic Payments"): <br />Payable to Melissa Cortez <br />$25,000 annually, guaranteed 5 years, beginning on September 20, 2022. <br />The last payment will be made on September 20, 2026. <br />[31 <br />
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