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N-2021-204 M�MFMMM WgR!(WYPNND SETTLEMENT AGREEMENT AND Cf.�M((IF1oIl l RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims (hereinafter "Agreement") is made and entered into by and between JONATHAN TAFOYA (hereinafter "Plaintiff'), and the CITY OF SANTA ANA (hereafter "Defendant"). 0'. (Ao(Aaf eel k W I T N E S S E T H: WHEREAS, Plaintiff filed an action against Defendant in the Superior Court of the State California, County of Orange, Central Justice Center District known asJONATHAN TAFOYA V. ,, THE CITY OF SANTAANA. et al., Case No. 30-2021-01197794-CU-NP-CJC (the "Action"). CM WHEREAS, Plaintiff, JONATHAN TAFOYA, and Defendant (collectively, the "Parties"), desire to settle fully and finally all differences between them, including, but in no oway 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: ITRST: 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, Iaw, 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 the terms of this Agreement without a fully executed copy of the Agreement from Plaintiff. (b) This Agreement confirms that Plaintiff will dismiss the Action with prejudice in exchange for a mutual waiver of fees and costs and that there will be no monetary payment to Plaintiff to settle his claim in this Action against Defendant. (c) Following receipt from Plaintiff of a conformed copy of the Request for Dismissal of this Action with prejudice, Defendant, CITY OF SANTA ANA, will not oppose Plaintiff's petition to seal or destroy his arrest record arising from the incident that gave rise to this Action. (d) Plaintiff and Defendant agree that this Agreement constitutes full and complete settlement of all claims made against Defendant in this Action. Plaintiff will not seek any further compensation for any other claimed damages, costs, or attorney's fees in connection with the matters encompassed in this Agreement. Page I of 4