SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF ALL CLAIMS This Settlement Agreement and Mutual Release of All Claims (?Release?) is made by and between Tony Webster (?Webster?) and the City of Bloomington (the ?City?), with reference to the following facts: A. On December 23, 2014, Webster sent a request to the City to inspect data, including data regarding the Black Lives Matter protest held at the Mall of America on December 20, 2014 and State v. Wicklund (the ?Data Request?). B. Webster initiated a lawsuit against the City, captioned Tony Webster v. The City of Bloomington, Court File No. related to the Data Request (the ?Lawsuit?), alleging that the City violated the Minnesota Government Data Practices Act C. The City denies that Webster has any valid claims against it, denies that it violated the MGDPA, and denies any and all liability. D. In the interest of compromising Webster?s allegations, claims, charges, and causes of action and avoiding the costs and expenses of further proceedings, and without any admission of fault, wrongdoing, liability or damages, it is the desire of the parties to settle any and all allegations. claims, charges, and causes of action that have been raised or could have been raised by the parties in the Lawsuit. NOW, THEREFORE, in consideration of the mutual promises and covenants in this Release, the receipt and suf?ciency of which is hereby acknowledged, the parties agree to ?illy and ?nally settle all claims as follows: 1. The City?s insurer shall make a contribution in the amount of $45,000 (forty-?ve thousand dollars) to a non-pro?t organization to be established by Webster whose mission is furthering government data-practices, awareness, transparency, and accountability (the ?Settlement Payment?). The check shall be made payable to the name of the non-pro?t. Once that non-pro?t is established and can receive contributions, Webster?s counsel, E. Casey Beckett of Maslon LLP, shall notify the City?s counsel, Jenny Gassman-Pines of Greene Espel PLLP (the ?Notice?). The check shall be delivered to Webster?s counsel, E. Casey Beckett of Maslon LLP, within ten (10) business days of receipt of the Notice. 2. Webster agrees to dismiss the Lawsuit with prejudice. To that end, upon receipt of the Settlement Payment, counsel for Webster and the City shall execute a stipulation for dismissal and Webster?s counsel shall ?le it. Webster will include this stipulation for dismissal with other pleadings made available on his website. 3. The Data Request shall be closed and Webster agrees not to renew it as it pertains to the Black Lives Matter protest at the Mall of America on December 20, 2014 and State v. Wick/and. 4. Neither the City nor its counsel has made any warranty or representation concerning the tax treatment of the Settlement Payment, and Webster has not relied on any such warranty or representation. Webster acknowledges that he has been free to consult with a tax professional to determine how to claim the Settlement Payment, and is proceeding with this Release voluntarily. S. Webster and his agents, attorneys, representatives, and anyone who has or obtains legal rights or claims through them, and the successors and assigns of each, hereby fully and forever release and discharge the City and its current and former agents, board members, indemnitors, employees, attorneys, administrators, insurers, reinsurers and assigns, and all other persons, ?rms, and entities, whether in their individual or of?cial capacities, of and from any and all past or present claims, demands, obligations, actions, or causes of action, at law or in equity, whether known, suspected or unknown, from the beginning of time up to and including the date Webster signs this Agreement, whether arising by statute, common law or otherwise, and for all claims for damages, of whatever kind or nature, and for all claims for attorneys? fees, costs, and expenses in any way arising out of the Data Request. It is the intent of this Release that, in consideration of the Settlement Payment, Webster releases the City from any and all claims arising out of the Data Request, known or unknown, whether such claims have been or could have been asserted by Webster. 6. The City and its agents, attorneys, representatives, and anyone who has or obtains legal rights or claims through them, and the successors and assigns of each, hereby fully and forever release and discharge Webster and his current and former agents, board members, indemnitors, employees, attorneys, administrators, insurers, reinsurers and assigns, and all other persons, firms, and entities, whether in their individual or of?cial capacities, of and from any and all past or present claims, demands, obligations, actions, or causes of action, at law or in equity, whether known, suspected or unknown, from the beginning of time up to and including the date the City signs this Agreement, whether arising by statute, common law or otherwise, and for all claims for damages, of whatever kind or nature, and for all claims for attorneys? fees, costs, and expenses in any way arising out of the Data Request. It is the intent of this Release that, in consideration of the Settlement Payment, the City release Webster from any and all claims arising out of the Data Request, known or unknown, whether such claims have been or could have been asserted by the City. 7. Webster and the City agree that Webster?s sole communication of the settlement shall be a single website post, tweet, and Facebook posting as follows: ?My City of Bloomington litigation has settled. The City?s insurer has agreed to make a contribution to my data access non- pro?t.? The statement may include a link to the non-profit?s website or other online accounts. If Webster receives and responds to inquiries (in any medium), he shall respond only with this same statement or by saying, ?The City and I agreed not to discuss the terms of the settlement.? To the extent permissible by law, the City agrees not to affirmatively disseminate the details of the settlement agreement or make public statements regarding the settlement. To the extent permissible by law, if the City receives inquiry about the settlement, it will only respond by stating, ?The City and Mr. Webster have reached a settlement and the City?s insurer has agreed to make a contribution to Mr. Webster?s data access non-profit.? Notwithstanding the foregoing, Webster and the City will not be restricted in any way from communicating about, publishing, or discussing the litigation (but not its resolution or the settlement) in the future in any medium. Nothing in the foregoing paragraph is intended to restrict the parties from communicating with their attorneys, accountants, tax preparers, board members, or taxing authorities. 8. Webster represents that, to his knowledge, there are no pending lawsuits or administrative claims or other claims against the City or its current and former agents, board members, indemnitors, employees, attorneys, administrators, insurers, reinsurers or assigns that have been initiated by him, at his request, or by anyone on his behalf. 9. The City represents that, to its knowledge, there are no pending lawsuits or administrative claims or other claims against Webster that have been initiated by the City, at the City?s request, or by anyone on its behalf. 10. The parties represent that no promises, inducements or agreements not herein expressed have been made to them, and that this Release contains the entire agreement between the parties. 11. It is understood and agreed that this Release is the compromise of a disputed claim, and that the insurer?s contribution is not to be construed as an admission of liability on the part of the City, and that the City expressly denies any and all liability. 12. The parties agree that Minnesota law shall apply to this Release, and any action that arises out of this Release must be brought in the Hennepin County state district court. 13. This Release may be signed in counterparts, and each counterpart, when signed, shall have the effect of a signed original. Photographic or electronic copies of signed counterparts may be used in lieu of the originals for any purpose. 14. This Release will be effective as of the date the last of the parties signs. 15. If any term, clause or provision of this Release is for any reason found invalid, unenforceable or void by a court of competent jurisdiction, the same shall not impair or invalidate any of the other provisions of this Release, all of which shall be performed in accordance with their respective terms. 16. THE PARTIES WARRANT THAT THEY WERE REPRESENTED BY LEGAL COUNSEL AND THAT THEY HAVE READ AND FULLY UNDERSTANDS THE PROVISIONS OF THIS RELEASE. [Nothing further on this page] Dated: Af?lv Dated: ,2016 .2016 Tony Webster The City of Bloomington By: James Verbrugge. City Manager By: Sandra Johnson. City Attorney Dated: - 2016 Tony Webster Dated: 2016 The City of Bloomington ames Verbrugge, City Manager "l S??d'ra ohngon:I \City ?tterney