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A-2020-151
<br />INSURANCE NOT REQUIRED
<br />WORK HAY PROCEED
<br />CLERK OF COUNCIL.
<br />SETTLEMENT AGREEMENT AND
<br />RELEASE OF ALL CLAIMS
<br />This Settlement Agreement and Release of All Claims (hereinafter "Agreement") is made
<br />and entered into by and between FELIX IvIEZA-GOMEZ (hereinafter "Plaintiff'), the CITY
<br />N OF SANTA ANA (hereinafter "City"), and UNION PACIFIC RAILROAD COMPANY
<br />® (hereinafter "Union Pacific").
<br />cl i
<br />—i WITNESSETH:
<br />_j
<br />WHEREAS, Plaintiff filed an action against City and Union Pacific in the Superior
<br />Court of the State California, County of Orange, Central Justice Center, styled FELDC MEZA-
<br />GOMEZ v. UNION PACIFIC RAILROAD COMPANY, et al., Case No. 30-2018-01023065-CU-
<br />PO-CJC.
<br />WHEREAS, on January 22, 2019, City filed a cross complaint against Union Pacific for
<br />equitable indemnity, contribution, and declaratory relief.
<br />WHEREAS, on February 27, 2019, Union Pacific filed a cross complaint against city for
<br />equitable indemnity, contribution, apportionment, declaratory relief and implied contractual
<br />indemnification.
<br />WHEREAS, the City's and Union Pacific's respective cross complaints were
<br />consolidated into the same pending litigation as filed by Gomez. All complaints will be
<br />collectively referred to as the "Action" for the purposes of this Agreement.
<br />WHEREAS, Plaintiff, City, and Union Pacific (collectively, the "Parties"),
<br />desire to settle fully and finally all differences between them, including, but in no way limited
<br />to, those differences set forth in the Action.
<br />NOW, THEREFORE, in consideration of the mutual covenants and promises herein
<br />contained and other good and valuable consideration, receipt of which is hereby acknowledged,
<br />and to avoid unnecessary litigation, it is hereby agreed by and between the Parties as follows:
<br />FIRST: This Agreement and compliance with this Agreement shall not be construed as
<br />an admission by City or Union Pacific of any liability whatsoever, or as an admission by
<br />City or Union Pacific of any violation of the rights of Plaintiff or any person, or violation of
<br />any order, law, statute, duty, or contract whatsoever against Plaintiff or any person. C i t y
<br />a n d U n i o n P a c i f i c specifically disclaim any liability to Plaintiff or any other person
<br />for any alleged violation of the rights of Plaintiff or any person, or for any alleged violation of
<br />any order, law, statute, duty, or contract on the part of any employees or agents of City or Union
<br />Pacific. Likewise, this Agreement and compliance with this Agreement shall not be construed
<br />as an admission by any of the Parties of any liability, misconduct, or wrongdoing whatsoever.
<br />SECOND: (a) Each party will exchange a fully signed executed copy or original of
<br />this Agreement. N e i t h e r C i t y nor Union Pacific can proceed with processing payment as
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