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A-2019-125 IP1SURANOE:14()1 REWIRED ED 1gORK , JAY PROCEED CLD � 0T C-;MUCIL JUL�a SETTLEMENT AGREEMENT AND t �) RELEASE OF ALL CLAIMS Q.0 � {hNti}kt �� This Settlement Agreement and Release of All Claims ('Agreement") is made and entered into by and between ANITA MUMFORD ("Plaintiff"), and CITY OF SANTA ANA (`Defendant"). WITNESSETH: WHEREAS, Plaintiff filed an action against Defendant in the Superior Court of the State California, County of Orange, Central Justice Center known as ANITA MUMFORD v. CITY OF SANTAANA, Case No. 30-2017-00917950-CU-PO-CJC (the "Action"). WHEREAS, Plaintiff, and Defendant (`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 acknowledged, 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 be construed as an admission by Defendant of any liability whatsoever, or as an admission by Defendant of any violation of the rights of Plaintiff or any person, violation of any order, law, statute, duty, or contract whatsoever against Plaintiff or any person. Defendant specifically disclaims any liability to Plaintiff or any other person for any alleged violation of the rights of Plaintiff or any person, or for any alleged violation of any order, law, statute, duty, or contract on the part of any employees or agents of Defendant. Likewise, this Agreement and compliance with this Agreement shall not be construed as an admission by Plaintiff of any liability, misconduct, or wrongdoing whatsoever. SECOND: (a) Each party will exchange a fully signed executed copy or original of this Agreement. Defendant cannot proceed with processing payment without a fully executed copy of the Agreement from Plaintiff. (b) The City agrees to pay the sum of Ninety Thousand Dollars ($90,000) in finll and complete settlement of all claims made against the Defendant in this action in exchange for, an executed copy of the Request for Dismissal with prejudice of the foregoing Action. Listed below is the breakdown of the distribution of the settlement funds as follows: (c) A check payable to "GIBSON & HUGHES CLIENT TRUST ACCOUNT" in the amount of Seventy Nine Thousand, Five Hundred and Forty Dollars and Seven Cents ($79,540.07). Check to be mailed to Gibson & Hughes Attorneys at Law. (d) A check payable to "MEDICARE ,AND GIBSON & HUGHES" in the amount of Ten Thousand, Four Hundred and Fifty Nine Dollars and Ninety -Three Cents ($10,459.93) for the Medicare Lien for medical services associated with Plaintiff's injuries associated with this action. Should Medicare be entitled to, or demand additional payments for services rendered in connection with this action that exceeds $10,459.93, Plaintiff Anita Mumford understands and agrees that she will be solely and completely responsible for any additional Page 1 of 4