MARK WALDO V CITY OF SANTA ANA - Laserfiche WebLink

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Motion") as to CITY only, with prejudice prior to the date of the hearing on the Motion for Attorney Fees currently scheduled for February 24, 2022. HEIDER will add the Santa Ana City Attorney's Office to the Proof of Service and will serve the City Attorney's Office with a copy of the filed Withdrawal Motion. b. In exchange for receiving HEIDER's filed copy of the Notice of Partial Withdrawal of Motion for Attorney Fees as to CITY only, CITY will issue a check in the amount of Eighty -Seven Thousand Six Hundred Ninety -Three Dollars and Eighty -Four Cents ($87,693.84) made payable to "Robert Lucas Law PC Trust Account." This total sum is inclusive of HEIDER's (1) total attorney fees against CITY under Government Code section 6259(d) of $86,130.00 and (2) total costs of $1,563.94. c. HEIDER will also file a Request for Dismissal of his Cross -Complaint and Cross - Petition in the Action as to CITY only following receipt and bank clearance of the foregoing check by HEIDER's counsel. d. HEIDER's counsel shall provide CITY with an email update, following any rulings and/or orders by the Court in connection with HEIDER's Motion for Attorney Fees currently scheduled for February 24, 2022, if HEIDER proceeds on that Motion against WALDO only. e. The monetary amount, the filing and serving of the Notice of Partial Withdrawal of Motion for Attorney Fees as to CITY only, the reporting obligation and the dismissal of the Action as to CITY represents a full and complete settlement of HEIDER's fees and costs against CITY under Government Code section 6259(d) in this Action. 3. HEIDER agrees this Agreement constitutes full and complete settlement of his claims for attorney fees and costs under Government Code section 6259(d) made against CITY in this Action only. HEIDER will not seek any further compensation from CITY for any other claimed attorney's fees or costs in connection with this Action only. 4. CITY acknowledges and agrees that this Agreement only settles the amount of attorney fees HEIDER can receive under Government Code section 6259(d) in this Action. Nothing in this Agreement shall be interpreted to constitute any waiver of any claims, rights or remedies whatsoever by HEIDER, other than released in this Agreement, or any member of HEIDER's family against CITY now pending or in the future. 5. HEIDER acknowledges and agrees CITY has made no representations regarding the tax consequences of any amounts received pursuant to this Agreement. HEIDER represents and CITY agrees that all attorney fees paid under this Agreement belong to his attorney, 'Robert Lucas Law PC, and that Robert Lucas Law PC alone is liable for all taxes, if any, which are owed on any amount received hereunder including interest and penalties. Robert Lucas Law PC will hold CITY and HEIDER harmless from any and all claims made by federal, state, and/or local taxing authorities or lien holders against HEIDER or Robert Lucas Law PC on any amounts owed by them. Page 2 of 4