ZAPIEN, MARTHA; TECHNOLOGIC INSTITUTE OF SOUTHER CA. INC. DBA CA. PREMIERCOLLEGE INC.; ZAPIEN, JONATHAN

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-QUIRED JUN 0 2 2021 F°cE:) J�/UIV JII_ 0,CftCO) C LAwo- 0iks161) *:A — SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS N-2021-120 This Settlement Agreement and Release of All Claims (hereinafter "Agreement") is made and entered into by and between Plaintiffs and Cross -Defendant, MARTHA ZAPIEN; Plaintiff and Crass -Defendant TECHNOLOGIC INSTITUTE OF SOUTHERN CALIFORNIA INC. DBA CALIFORNIA PREMIER COLLEGE INC. C technologic"); Cross -Defendant JONATHAN ZAPIEN as an individual and in his capacity as Trustee of SA INTERVIVOS TRUST; Cross - Defendant SA INTERVIVOS TRUST; Defendant and Cross -Complainant, THE CITY OF SANTA ANA ("City"); and Defendant VACANT PROPERTY SOLUTIONS, LLC. ("VPS"). Plaintiffs, Cross -Defendants, Defendants, and Cross -Complainant are also collectively referred to herein as "the Parties " WHEREAS, Plaintiffs filed an action against Defendants CITY and VPS and four of Defendant CITY's individually named employees, YVETTE AGUILAR, JOSE DESOTO, POLICE SERGEANT RICHARD WEBER, and POLICE CPL. BERTAGNA. Said action was tiled in the Superior Court of the State California, County of Orange and known as MARTHA ZAPIEN. et al. v. THE CITY OF SANTA ANA, et al., Case No. 30-2017-00952971 (the "Action"). WHEREAS, Defendant/Cross-Complainant CITY filed a Cross -Complaint against Plaintiffs/Cross-Defendants MARTHA ZAPIEN and TECHNOLOGIC and Cross -Defendants, JONATHAN ZAPIEN as an individual and as Trustee of the SA INTERVIVOS TRUST, entitled The CITY OF SANTA ANA V. MARTHA ZAPIEN, et al, Case No. 30-2017-00952971 ("the Cross -Complaint' WHEREAS, the Parties desire to settle fully and finally all differences between them, including, but in no way limited to, those differences described above in the Action and the Cross - Complaint. 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: This Agreement and compliance with this Agreement shall not be construed as an admission by Defendants of any liability whatsoever, or as an admission by Defendants of any violation of the rights of Plaintiffs or any person, violation of any order, law, statute, duty, or contract whatsoever against Plaintiffs or any person. Defendants specifically disclaim 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 or agents of Defendants. Likewise, this Agreement and compliance with this Agreement shall not be construed as an admission by Plaintiffs or Cross -Defendants of any misconduct or wrongdoing whatsoever.