ELOUISE AUGUSTUS, ET AL. V. CITY OF SANTA ANA (2)

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WO11K MAY PROCEED L I K Ui COUNCIL nrTr, 2 1 2019 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS F-UgSTUIRRM S NLe. S chv aft^"° vt his Settlement Agreement and Release of All Claims (hereinafter "Agreement") is made and entered into by and between Plaintiffs (as defined below) and CITY OF SANTA ANA (hereafter "Defendant"). WITNESSETH: VVMREAS, Plaintiffs filed an action against Defendant in the Superior Court ofthe State of California, County of Orange., Central Justice Center District known as TAYLOR PRAM, et al.et al. v. CITY OF SANTA ANA Case No. 30-2018-00974931 (the "Action"). The Agreement encompasses settlement of the Action and claims submitted on March 30, 2017, Clam No. 2017- 064. Specifically, two claimants, Consuelo Gutierrez and :Roland Sinclair, were not named plaintiffs in the above Action, but their claims are being settled as part of this settlement. For purposes of this Agreement and the settlement, these two claimants will be included and referred to as"Pllaintiffs"inaddition�te, the named. Plaintiffs, inthhe`Acdon. TltisActiarrisintendedto•settle allegations concerning City -owned trees located next to and near a walkway known as the Sandpointe Paseo. WHEREAS, Plaintiffs, and Defendant (collectively hereafter "parties"), desire to settle fully and finally all differences between them, including, but in no way limited to, those differences described above. NOW, THEREFORE,, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, receipt of which is hereby aclatowledged, and to avoid unnecessary litigation, it is hereby agreed by and between the parties as follows; FIRST: This Agreement and compliance with this Agreement shall not he construed as an admission by the Defendant and of any liability whatsoever, or as an admission by the Defendant of any violationof thexight& of Plaintiffs or any person, violatim a any. order, law, statute, duty, or contract whatsoever against Plaintiffs or any person. Defendant specifically disclaims any liability to Plaintiffs or any other person for any alleged violation of the rights of Plaintiffs or any person, or for any alleged violation of any order, law, statute, duty, or contract on the part of any employees, agents of Defendant. Likewise, this Agreement and compliance with. this Agreement shall not be construed as an admission by Plaintiffs of any liability, misconduct, or wrongdoing whatsoever. SECOND- (a) Each party will exchange a fully signed executed copy or original of this Agreement (in accordance with Paragraph "Thirteenth" below"). Defendant cannot proceed with processing payment without a fully executed copy of the Agreement from Plaintiffs. Page 1 of 7