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N-2018-075 <br />C�P- my 15 2D18 <br />0%6s#4 SETTLEMENT AND RELEASE AGREEMENT <br />Vido Artukovich and Son, Inc./Vidmar, Inc„ a Joint Venture v, City of Santa Ana <br />Orange County Superior Court Case Number 30-2018-00972475-CL-BC-CJC <br />This Settlement and Release Agreement ("Agreement") is entered into by and between the <br />following parties ("Parties"): <br />Vido Artukovich & Son, Inc./Vidmar, Inc. A Joint Venture ("Plaintiff') and <br />City of Santa Ana ("Defendant"). <br />1. RECITALS <br />1.1 On February 9, 2018, Plaintiff filed its original complaint in the Orange County <br />Superior Court, Case Number 30-2018-00972475-CL-BC-CJC (the "Action"). The Action arises <br />generally from allegations of wrongfully with -held retention after completion of a construction <br />contract. <br />1.2 The Parties have agreed to a compromise and settlement of all of Plaintiff's <br />claims and damages as alleged in the Action (the "Released Claims") as follows: <br />2. TERMS <br />2.1 Warranties. Plaintiff covenants, warrants and represents that it is presently the <br />sole and exclusive owner of all claims, demands, causes of action, controversies, obligations and <br />liabilities related to the Released Claims sought in the Action and that no other individual or <br />entity has any right, title or interest whatsoever in the Released Claims, demands, causes of <br />action, controversies, obligations or liabilities, and that there has been no assignment, transfer, <br />conveyance or other disposition by Plaintiff of any of the Released Claims, demands, causes of <br />action, controversies, obligations or liabilities. Plaintiff agrees not to file any complaints, <br />Page I of <br />