Michael T. Gibbs, State Bar No Kevin L. Borgen, State Bar No Attorneys for Defendant MIRA COST A COMMUNITY COLLEGE DISTRICT

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1 GIBBS & FUERSTttr 600 B STREET, SUITE 2300 SAN DIEGO, CALIFORNIA TELEPHONE ( FACSIMILE ( Michael T. Gibbs, State Bar No Kevin L. Borgen, State Bar No Attorneys for Defendant MIRA COST A COMMUNITY COLLEGE DISTRICT SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO, NORTH COUNTY DIVISION VICTORIA MUNOZ RICHART, Plaintiff, vs. MIRACOSTA COMMUNITY COLLEGE DISTRICT; GLORIA CARRANZA; JUDY STRATTAN; JACQUELINE SIMON; and DOES 1 through 100, Inclusive, Defendants ~ Case No CU-OE-NC Assigned for All Purposes to: Hon. Jacqueline M. Stem, Dept. N-27 NOTICE OF ENTRY OF ORDER Hearing Date: March 27, 2015 Time: 9:00 a.m. Dept.: N-27 Action Filed: Trial Date: January 14, 2011 April 10, 2015 TO ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD: The Ex Parte Application of Defendant MiraCosta Community College District ("District" came on for hearing on March 27, 2015, before the Honorable Judge Jacqueline M. Stem. Plaintiff appearing by counsel Robert P Ottilie, Esq. The District appearing by counsel Michael T. Gibbs, Esq. The Individual Defendants appearing by counsel Anthony R. Taylor, Esq. of the Law Firm of Aleshire & Wynder, LLP NOTICE OF ENTRY OF ORDER

2 The court accepted the Ex Parte Application and accepted the executed Settlement Agreements provided with the Ex Parte Application as Exhibits "A" and "B" for filing in the court records. DATED: March 27, 2015 GIBBS & FUERST, LLP By r11~~r:td?j MiCAEL'CGIBBS Attorneys for Defendant MIRA COST A COMMUNITY COLLEGE DISTRICT NOTICE OF ENTRY OF ORDER

3 SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release ("Agreement" is made by MIRACOSTA COMMUNITY COLLEGE DISTRICT ("MiraCosta" and DR. VICTORIA MUNOZ RICHART ("Dr. Richart". MiraCosta and Dr. Richart are hereinafter sometimes individually referenced as "Party" and collectively referenced as the "Parties." 1 RECITALS This Agreement is executed with reference to the following facts and circumstances. 1.1 On January 14, 2011, Dr. Richart filed an action in the San Diego Superior Court, framed in ten causes of action and naming as defendants MiraCosta, Gloria Carranza, Judy Strattan, and Jacqueline Simon (Carranza, Strattan and Simon may be referred to as "Individual Defendants", Case No CU-OE-NC ("Richart Litigation", which is incorporated herein by reference, but which included the following claims Dr. Richart entered into an employment agreement ("Employment Agreement" with MiraCosta effective July 2004 in which she was to have served as the Superintendent/ President at MiraCosta for four years. On two subsequent occasions, the Parties entered into new employment agreements, with the latest agreement having been entered into on July 18, On or about June 20, 2007, MiraCosta and Dr. Richart, along with all seven individual MiraCosta Trustees, entered into a Compromise Settlement and Mutual Release Agreement ("Settlement Agreement". Dr. Richart has contended that agreement was intended to resolve all issues and/or claims among the parties thereto and, among other things, obligated Dr. Richart to vacate the office of Superintendent/President of MiraCosta upon payment of certain 1

4 consideration and to release MiraCosta of her employment rights after working through December 31, Subsequent to execution of the Settlement Agreement, a taxpayer, Leon James Page ("Page", filed an action against MiraCosta and Dr. Richart in San Diego Superior Court Case No CU-WM-NC ("Page Litigation" in which he contended that MiraCosta had violated the law in entering into the Settlement Agreement with Dr. Richart, naming Dr. Richart only in the sixth cause of action for unjust enrichment in which he sought the return of consideration received by Dr. Richart that she was not otherwise entitled to receive under the law or her employment agreement (as requested specifically in Page Complaint, i\ Final judgment in the Page Litigation was entered on October 7, 2010 by the Honorable William S. Dato ("Dato Judgment" in which Judge Dato returned the Parties to the "status quo ante" that existed prior to the 2007 Settlement Agreement Subsequent to the Dato Judgment, Dr. Richart asserted restoration of her employment rights. MiraCosta disputed Dr. Richart's asserted employment rights In the first through ninth causes of action, Dr. Richart alleged claims for: violation of constitutional property interests (including a 1983 claim; violation of constitutional liberty interests; breach of contract; retaliation under California's Labor Code; retaliation under California's Government Code whistleblower statute; common law wrongful termination; and violation of California Civil Code 52.1 (Bane Act, claiming defendants attempted to, and actually, interfered with her constitutional and statutory rights. Dr. Richart's alternative theories of liability in her complaint were premised upon identical facts incorporated into each cause of action and which were premised upon her claim that the conduct directed at her was for asserting rights allowed by law and in retaliation for taking the described actions specifically as required and permitted by law. Specifically, Dr. Richart contended that actions were taken against her for 2

5 reasons that included, but were not limited to: her role in reporting and overseeing an investigation into allegations of misconduct and malfeasance at MiraCosta; reporting that information to the Trustees of MiraCosta; in taking personnel actions arising therefrom; reporting the conduct to the San Diego County District Attorney; and, cooperating in an investigation by the office of the District Attorney In the tenth cause of action for declaratory relief, Dr. Richart sought a declaration from the court to resolve a dispute between the Parties with respect to the sums Dr. Richart owed to MiraCosta as a result of the Dato Judgment. Dr. Richart there asked the court to formally determine the amount she owed to MiraCosta and asked that the sum be declared as $785,000, minus $10,000 in payments already made, for a total of$775,000. At the conclusion of the Page Litigation, the Honorable Timothy Casserly had ruled that the Dato Judgment was not a monetary judgment and therefore not subject to collection. In his ruling on a motion for a writ of execution, Judge Casserly ruled that the amount of repayment to MiraCosta by Dr. Richart would be resolved in the tenth cause of action in the Richart Litigation, already on file at the time of Judge Casserly's ruling. 1.2 MiraCosta and the other defendants have denied the allegations of Dr. Richart's complaint. In addition to the rights and remedies MiraCosta claims to hold by virtue of the amended order and judgment in the Page Litigation, MiraCosta represents that Leon James Page assigned to MiraCosta all rights and remedies he held as against Dr. Richart by virtue of the Amended Order and Judgment in the Page Litigation. That assignment was executed on or about January 25, The facts and circumstances alleged by the Parties in 1.1 through 1.2 above shall be referred to as the "Incident." 1.4 Prior to filing the Richart Litigation, Dr. Richart filed four distinct claims under 3

6 the California Tort Claims Act, claims which cumulatively totaled in excess of 120 pages. Since 2011, the Parties have engaged in extensive discovery regarding the claims and defenses underlying Dr. Richart's claims. This included multiple sets of written discovery exchanged between the five Parties and 35 percipient depositions, not including experts. MiraCosta responded to 15 related Public Records Act requests. Discovery in the case, even with a stay in the middle of the litigation, extended over more than two years. Seven experts were cumulatively designated by the Parties. Almost 10,000 pages of documents have been exchanged. Trial estimates range up to eight weeks. 1.5 MiraCosta challenged Dr. Richart's claims through multiple dispositive motions, including a motion under California's Anti-SLAPP statute, an appeal from the court's SLAPP ruling to the Fourth District Court of Appeal, and three summary judgment motions. The three individual defendants filed a demurrer and their own summary judgment motion. All but one of these motions have been ruled upon by the court. All causes of action but one survived the motions. 1.6 The Parties utilized three different mediators beginning in 2010 in an attempt to resolve their disputes. This included the Honorable Leo S. Papas, attorney Timothy Corcoran, and Thomas E. Sharkey who oversaw the final mediation and has overseen the Parties' settlement as reflected herein. The Parties mediated over at least eight different days, over five years. The settlement included herein has been recommended by mediator Thomas E. Sharkey. 1.7 This Agreement is intended to resolve, without any admission of wrongdoing, any and all claims and potential claims the Parties hereto (MiraCosta and Dr. Richart may have against one another as of the date of this Agreement except as to specific exemptions set forth in 2.8. l and herein. The Parties acknowledge that the terms set forth below are sufficient consideration for the Agreement. 4

7 1.8 The effective date of this Agreement shall be deemed to be the date of either approval or acceptance of this Agreement by the Honorable Jacqueline M. Stem of the San Diego Superior Court. Alternatively, if Judge Stem declines to rule on the Agreement because she determines she does not have jurisdiction to accept and/or approve the Agreement, then the effective date will be the date last executed by a Party herein. 1.9 After years of dispute and litigation, the Parties desire to have a global settlement that resolves all claims and as against all Parties and ends all of the litigation, and do so in a manner which is consistent with the law. To respond to concerns raised by the Fourth District Court of Appeal in the Page Litigation, and out of an abundance of caution, the Parties hereto (Richart and Mira Costa intend to enter into two distinct agreements. This Agreement is intended to resolve all claims against MiraCosta by Dr. Richart, with the exception of the "exempted issue" addressed in below. In a separate agreement between these same Parties, and for independent consideration, the Parties intend to address the exempted issue, which will effectuate a release of any employment agreement Dr. Richart may still have with MiraCosta and the termination of that contract, notwithstanding that MiraCosta has consistently and strenuously disputed in this litigation that any employment contract exists between the Parties Further, consistent with the Parties' desire to have a global settlement and resolve all litigation, the Parties here acknowledge that Dr. Richart is independently negotiating a settlement with the three Individual Defendants, Gloria Carranza, Judy Strattan and Jacqueline Simon, who are represented by separate counsel, the law firm of Aleshire & Wynder. If those efforts are successful, that settlement will be reflected in an independent settlement agreement. However, it is a contingency of this Agreement that this Agreement will be binding upon the Parties only when all of the payments in all three of the contemplated settlements have both been made and all settlement funds negotiated. If any Party to any of the three agreements fails to 5

8 make any payment within the time specified herein, or if funds do not exist for the satisfactory negotiation of the checks provided, then this Agreement, and the other two, will be void whether or not the Parties have all executed the agreements and whether or not all other payments required hereunder have been made. fu the event a failure of consideration results in the voiding of this and the other Agreement as set forth herein, the Parties will meet with Judge Stem and promptly set the Richart Litigation for trial as against all of the defendants and on all remaining causes of action, not just the Parties hereto. 2 SETTLEMENT In settlement of all claims alleged by Dr. Richart against MiraCosta in the Richart Litigation, with the exceptions identified in 2.8. l and 2.8.2, and including the tenth cause of action for declaratory relief to establish the amount of Dr. Richart's repayment to MiraCosta as a result of the Dato Judgment, or otherwise concerning the facts and circumstances set forth relating to the Incident as described above, the Parties agree as follows. 2.1 MiraCosta shall pay to Dr. Richart the sum of $387,500, payable as set forth herein. 2.2 Dr. Richart shall pay MiraCosta the sum of $387,500, which represents the return to MiraCosta of one-half of the compensation or its equivalent monetary value received by Dr. Richart under the Parties' 2007 Settlement Agreement. For purposes herein, calculation of the total amount of the compensation or its equivalent monetary value to be returned by Dr. Richart, which is the full amount she had pled in her declaratory relief action, is as follows: The return of a $650,000 payment to Dr. Richart received in June 2007 as partial settlement of her claims released in the June 20, 2007 Settlement Agreement; Repayment of a $45,000 payment made by MiraCosta for Dr. Richart in 6

9 August 2007 to a 403(b account held by Dr. Richart as partial payment made by MiraCosta under the Parties' 2007 Settlement Agreement; Repayment of a $45,000 payment made by MiraCosta for Dr. Richart in January 2008 to a 403(b account held by Dr. Richart as partial payment made by MiraCosta under the Parties' 2007 Settlement Agreement; Repayment of a $45,000 payment made by MiraCosta for Dr. Richart in January 2009 to a 403(b account held by Dr. Richart as partial payment made by Mira Costa under the Parties' 2007 Settlement Agreement; Deduction for two payments totaling $10,000 already made by Dr. Richart by trust account checks (numbered 1041 and 1042 sent in December 2010 and January 2011 from attorney Michael O'Halloran, checks that were cashed by MiraCosta in With the deductions, the remaining sum owed is $775,000, one-half of which is paid here. 2.3 Given that the total sum to be paid by MiraCosta in its two agreements is the same as the amount the Parties have agreed herein Dr. Richart owes to MiraCosta, MiraCosta will not actually pay Dr. Richart any money under this Agreement. Instead, it will offset $387,500 of the $775,000 Dr. Richart owes MiraCosta against money that would otherwise be paid to Dr. Richart under this Agreement, resulting in no net payment by either Party under this Agreement. 2.4 Dr. Richart shall file a request for dismissal with prejudice of San Diego Superior Court Case No CU-OE-NC, as to MiraCosta within five (5 business days of: complete execution of both agreements with MiraCosta, execution of an agreement with the other defendants, delivery of all monetary payments contemplated under all three Agreements, and satisfactory negotiation of those payments. Dr. Richart agrees to cooperate by promptly depositing those checks and confirming that the checks have been satisfactorily negotiated by the 7

10 financial institutions into which they are deposited. The Parties acknowledge that failure to timely receive and successfully negotiate all consideration called for in all three agreements voids this, and the other, Agreement(s and allows Dr. Richart to set this matter for trial as against all defendants on all issues. 2.5 It is expressly understood that each party hereto shall bear its or her own costs and attorney's fees incurred in San Diego Superior Court Case No CU-OE-NC and with respect to all other claims released herein. 2.6 Neither Party makes any representation to the other regarding the taxability or legal effect of the amounts paid under this Agreement, and neither Party is relying on any statement or representation from the other Party in this regard. Each Party shall be solely responsible for the payment of any taxes and penalties assessed on the settlement amounts, if any As further consideration for this Agreement, the Parties enter into mutual releases as set forth below Dr. Richart hereby releases and forever discharges MiraCosta, its agents, principals, employers, employees, officers, officials, trustees, attorneys, insurers, joint powers insurance authority, indemnitors, predecessors, successors, assigns, directors, shareholders, parents, subsidiaries, or affiliates (collectively "Releasees" from any and all claims, demands, actions, causes of action, suits at law or equity, debts, sums of money, accounts, controversies, rights, damages, penalties, fines, costs, attorney's fees, losses, expenses, contracts, agreements, promises or liabilities whatsoever, known or unknown, suspected to exist, or not suspected to exist, described in San Diego Superior Court Case No CU-OE-NC or this Agreement or otherwise related to the Parties' relationship as described in 1.1 to 1.8 above, up to and including the date of the execution of this Agreement; provided, however, this release does not extend to 8

11 MiraCosta's specific obligations pursuant to the terms of this Agreement, nor does it extend to the three Individual Defendants as described in below or the exempted issue described in below MiraCosta hereby releases and forever discharges Dr. Richart, her agents, principals, employers, employees, officers, officials, trustees, attorneys, insurers, indemnitors, predecessors, successors, assigns, directors, shareholders, parents, subsidiaries, or affiliates (collectively "Releasees" from any and all claims, demands, actions, causes of action, suits at law or equity, debts, sums of money, accounts, controversies, rights, damages, penalties, fines, costs, attorney's fees, losses, expenses, contracts, agreements, promises or liabilities whatsoever, known or unknown, suspected to exist, or not suspected to exist, described in San Diego Superior Court Case No CU-OE-NC or this Agreement or otherwise related to the Parties' relationship as described in 1.1 to 1.8 above, up to and including the date of the execution of this Agreement; provided, however, this release does not extend to Dr. Richart's specific obligations pursuant to the terms of this Agreement, nor does it extend to the exempted issue described in below. 2.8 This section is intended to address the sole exceptions from the releases provided above Specifically excluded from the release provided by Dr. Richart in and above are the Individual Defendants Gloria Carranza, Jacqueline Simon, and Judith Strattan. Dr. Richart intends to enter into a separate settlement agreement and release with the Individual Defendants, and any release provided to them will be addressed therein Specifically excluded from this release is the exempted issue of Dr. 9

12 Richart's claimed ongoing employment relationship with MiraCosta and contract-based claim for termination of that contract, which MiraCosta disputes, and which will be addressed in the Parties' other agreement. 2.9 The Parties hereto have read and understand California Civil Code MiraCosta and Dr. Richart both specifically waive and relinquish all rights and benefits afforded to each of them under California Civil Code 1542, which provides as follows: 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 This release and Agreement includes any and all claims and liens for medical services, government benefits, legal services, or liens of any kind whatsoever, whether actual or asserted, present or prospective, any claims, causes of action, or rights to attorney's fees, penalties, fines, interest, and costs incurred, whether actual or asserted, present or prospective. Dr. Richart waives any private cause of action that she may now or at any later time have against any other Party or Releasees pursuant to 42 U.S.C. 1395y in relation to the Incident. Dr. Richart further agrees for herself, her heirs, agents, executors, administrators, and assigns to fully and expressly indemnify, save and hold harmless and defend MiraCosta and Releasees from and against all claims, demands, causes of action, damages, costs and losses, and liabilities arising out of any lien or claim described herein. In the event of any claim, lien, demand, or cause of action described herein, Dr. Richart agrees to promptly comply with reasonable requests for information or documents The Parties acknowledge that they may hereafter discover facts or circumstances different from, or in addition to, those that they now know or believe to be true with respect to this Agreement and/or the released claims, and the Parties agree that this Agreement shall 10

13 nevertheless be and remain fully effective in all respects. Each Party recognizes the risk that compensation to be paid under this Agreement may be challenged as illegal. Each Party represents that it has independently evaluated the risk and has come to its own conclusion regarding the legality of this Agreement. Each Party agrees that it will not initiate, or encourage or cause to be initiated, any challenge to the legality of this Agreement The Parties hereto represent and warrant that they have not heretofore assigned, transferred or purported to assign or transfer, and covenant that they will not assign, transfer or purport to assign or transfer, to any person or entity, any liability, claim, demand, action, cause of action, defense, and right which is herein released and discharged as set forth in paragraphs and above; and, the Parties hereto shall indemnify and defend each person and entity released and discharged by the provisions of paragraphs and above, and their respective agents, assigns, transferees, representatives, attorneys, insurers, and each of them, and shall defend and hold them harmless, from and against: (i any liability, claim, demand, or action, cause of action or right assigned or transferred contrary to the foregoing warranty; and (ii any and all loss, expense and/or liability arising directly or indirectly out of any breach of the foregoing warranty by any party hereto. As addressed in 1.2 in the Recitals above, MiraCosta represents that it has received a full assignment of any and all rights possessed by Page in the Page Litigation and under the Dato Judgment, and that Page has no further rights as all have been transferred to MiraCosta. This warranty contained herein is also intended to encompass any rights previously held by Page which have been assigned to Mira Costa. All of the defense and indemnity provisions herein shall apply to MiraCosta to the extent of any claim by Page or other Page assignees acting under the rights claimed in the Page Litigation or Dato Judgment Each Party, upon receipt of the payments directed to them as provided herein, shall file a Satisfaction of Judgment with San Diego County providing that the Dato Judgment 11

14 has been satisfied in full by the paying Party. Satisfaction of Judgments, by both Parties, shall be filed within ten (10 days of the satisfactory negotiation of the settlement funds transferred hereunder, and satisfactory negotiation of the settlement funds received by Dr. Richart from the Individual Trustees. As addressed above, this Agreement shall be void if all payments by all parties are not made and no Satisfaction of Judgment shall be filed until all payments and satisfactorily made and negotiated This Agreement is a compromise of disputed claims, and nothing contained herein, including the furnishing of any consideration, shall be construed as an admission of any liability or wrongdoing by any person, firm, association or corporation Each of the Parties to this Agreement shall hereafter execute all documents and do all acts necessary, convenient or desirable, in the reasonable opinion of the other party, to effect the provisions of this Agreement This Agreement shall be governed by California law and the San Diego Superior Court, specifically the Honorable Jacqueline M. Stem, shall retain jurisdiction pursuant to Code of Civil Procedure to enter judgment pursuant to the terms of this Agreement and to enforce performance in full of this Agreement, until performance in full of this settlement has occurred. The Parties agree that any further action related to this Agreement shall be in San Diego County The Parties to this Agreement have each been represented by independent legal counsel in negotiating the settlement reflected by this Agreement and in drafting this Agreement. They and their attorneys have made such investigations of the facts concerning this Agreement as the Parties have felt was necessary. Each Party has relied upon their own and their own legal counsel's investigations and not upon any representations of the other Parties in deciding to enter into this Agreement, except for the representations expressly set forth in this Agreement. 12

15 2.18 In an action brought to enforce this Agreement, an action which claims a breach of this Agreement, or an action wherein this Agreement is successfully raised as a defense, the prevailing party or parties shall be entitled to recover reasonable attorney's fees and costs. In any action filed by a third party challenging the legality of this Agreement, each Party hereto, if named as a defendant, shall bear its own attorney's fees, costs and expenses. This provision is not intended to affect or restrict a Party seeking to recover attorney's fees, costs and expenses from the third party who files the challenge The terms of this Agreement shall bind and inure to the benefit of each of the Parties, Releasees, their respective attorneys, directors, subsidiaries, affiliates, heirs, successors, assigns, and any other person or entity claiming an interest through any of the Parties Except as expressly stated herein, nothing contained in this Agreement shall be construed to confer any right, power, or privilege upon any non-party to this Agreement. Except as expressly stated herein, this Agreement shall not be construed as creating any obligation by any Party in favor of a non-party to this Agreement The language of this Agreement is the product of the mutual effort of the Parties and their respective legal counsel. This Agreement shall be construed fairly as to all Parties, and it shall not be construed for or against any Party on this basis to which that Party participated in drafting it This Agreement may be pleaded or asserted by or on behalf of the Parties or Releasees as a defense and bar to any action or claim that may be brought against a Party or Releasee by anyone with respect to any of the matters within the scope of this Agreement, excepting only the obligations of this Agreement This Agreement constitutes a single, integrated contract expressing the Parties' entire Agreement concerning its subject matter. All prior discussions and negotiations 13

16 concerning the subject matter of this Agreement have been merged and integrated into, and are superseded by, this Agreement. This Agreement may not be modified except by writing signed by all Parties to be bound by the modification This Agreement may be executed in counterparts, including facsimile and electronically submitted counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument The captions by which the paragraphs and subparagraphs of this Agreement are identified are for convenience only and shall have no effect whatsoever upon its interpretation Both Dr. Richart and MiraCosta agree that neither of them, nor their agents, will discuss content of settlement negotiations or mediation-privileged communications The Parties recognize that MiraCosta is a public entity subject to the Public Records Act. 3 COURT APPROVAL 3.1 A contingency of this Agreement is to submit this executed Agreement and release to the Honorable Jacqueline M. Stem by ex parte application at the earliest available date, to make the settlement a part of the official court record and/or to obtain approval of the settlement from Judge Stem. 3.2 The effective date of this Agreement shall be deemed to be the date of either approval oracceptance of this Agreement by the Honorable Jacqueline M. Stem of the San Diego Superior Court. Alternatively, if Judge Stem declines to rule on the Agreement because she determines she does not have jurisdiction to accept and/or approve the Agreement, then the effective date will be the date last executed by a Party herein. 14

17 PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS TO THE DATE OF ITS EXECUTION. MIRACOSTA AND DR. RICHART ACKNOWLEDGE AND AGREE THAT THEY HA VE BEEN ADVISED TIIA T THIS AGREEMENT IS A BINDING AND LEGAL DOCUMENT AND THAT THEY HA VE ACTED VOLUNTARILY AND HAVE NOT RELIED UPON ANY REPRESENTATION MADE BY ANY OTHER PARTY OR ANY OTHER PARTY'S EMPLOYEES OR AGENTS (EXCEPT AS OTHERWISE PROVIDED HEREIN REGARDING THIS AGREEMENT'S SUBJECT MATTER AND/OR EFFECT. MIRACOST A AND DR. RICHART HA VE READ AND FULLY UNDERSTAND THIS AGREEMENT AND VOLUNTARILY AGREE TO ITS TERMS. AGREED AND UNDERSTOOD: ~=-- ~ (} Dated: 3 - Q.6 - L5 Dated: /Jl~..-z..; :ZtJ JS- Approved as to form: Dated: 3-2(s;, - I S X ~a~ \9'.~ VICTORIA MUNOZ RI HAR MIRACOSTA COMMUNITY COLLEGE DISTRICT By~~.rJ ES ON President, Board of Trustees By., -t--7._..._~ ~ ROBERT P. TILIE Attorney for VICTORIA MUNOZ RICHART 15

18 PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS TO THE DATE OF ITS EXECUTION. MIRACOSTA AND DR. RICHART ACKNOWLEDGE AND AGREE THAT THEY HA VE BEEN ADVISED THAT THIS AGREEMENT IS A BINDING AND LEGAL DOCUMENT AND THAT THEY HA VE ACTED VOLUNTARILY AND HA VE NOT RELIED UPON ANY REPRESENTATION MADE BY ANY OTHER PARTY OR ANY OTHER PARTY'S EMPLOYEES OR AGENTS (EXCEPT AS OTHERWISE PROVIDED HEREIN REGARDING THIS AGREEMENT'S SUBJECT MATTER AND/OR EFFECT. MIRACOSTA AND DR. RICHART HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT AND VOLUNTARILY AGREE TO ITS TERMS. AGREED AND UNDERSTOOD: Dated: Dated:?/7~ _z..; :Ztl/S- VICTORIA MUNOZ RICHART MIRACOSTA COMMUNITY COLLEGE DISTRICT Approved as to form: Dated: 3-2~ - \ S Attorney for VICTORIA MUNOZ RICHART 15

19 GIBBS & FUERST, LLP Bym~~ MICHAEL GIBBS Attorneys for MIRACOSTA COMMUNITY COLLEGE DISTRICT 16