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N-2019-079
<br />INSURANCE NOT REQUIRED
<br />WORK !!,IAY PROCEED
<br />t.ERK OF COUNCIL
<br />n re- MA0 1 2019 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
<br />�/"/J�
<br />b' C F'�O, is Settlement Agreement and Release of All Claims the "Settlement Agreement") is
<br />made and entered into this th day of April 2019, by and among: g )
<br />"Plaintiff" Carmen Nunez
<br />"Defendants" City of Santa Ana, Sureteck Industrial & Commercial
<br />Services, Inc. and Clear Channel Outdoor, Inc. (collectively
<br />the "Defendants")
<br />RECITALS
<br />A. Plaintiff filed a complaint against City of Santa Ana ("City"), Sureteck Industrial
<br />& Commercial Services, Inc. ("Sureteck") and Clear Channel Outdoor, Inc. ("CCO") in the
<br />Superior Court of California, County of Orange, Case No.: 30-2017-00914745, ("Litigation") as
<br />a result of a certain occurrence on or about September 3, 2016, that Plaintiff alleges resulted in
<br />personal injuries to Plaintiff ("Incident").
<br />B. The City, Sureteck and CCO filed cross -complaints for, among other things,
<br />declaratory relief and indemnity, and contribution. The cross -complaints were based on
<br />contractual obligations between the City and CCO, and CCO and Sureteck including indemnity,
<br />fee, costs and insurance, including but not limited to, additional insured endorsements.
<br />C. The parties hereby agree there is no admission of liability, but desire to enter into
<br />this Settlement Agreement in order to provide for certain payments in full settlement and
<br />discharge of all claims that are, or might have been, the subject matter of the Litigation upon the
<br />terms and conditions set forth below and, each party is to bear its own attorneys' fees and costs
<br />of suit in the Litigation.
<br />AGREEMENT
<br />The parties agree as follows:
<br />1.0 Releases and Discharges
<br />1.1 In consideration of the payments set forth in Section 2.0 below, Plaintiff
<br />hereby completely releases and forever discharges Defendants, their insurers, their third party
<br />administrator from any and all past, present or future claims, demands, liabilities, obligations,
<br />liens, actions, causes of action, rights, damages, costs, losses of services, expenses and
<br />compensation of any nature whatsoever, whether based on a tort, contract or other theory of
<br />recovery, which the Plaintiff now has, or which may hereafter accrue or otherwise be acquired,
<br />on account of, or may in any way grow out of, or which are the subject of the Litigation or the
<br />Incident and all related pleadings including, without limitation, any and all known or unknown
<br />
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