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rSwtAtiC N0f REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE: N-2022-063 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS (rev'd 2.16.22) jr: CAO(MtlYlCllA i SettYI meat A is Settlement Agreement and Release of All Claims ("Agreement") is made and entered into by N and between MARIA BAUTISTA ("Plaintiff'), t h e CITY OF SANTA ANA ("City") and H & G c SANCHEZ FAMILY TRUST ("Trust"). The City and Trust are collectively referred to as Defendants hereafter. Ca WITNESSETH: WHEREAS, Plaintiff filed an action against Defendants in the Superior Court of the State California, County of Orange, Central Justice Center District known as MARIA BAUTISTA v. CITY OF SANTAANA, H & G SANCHEZ FAMILY TRUST, et al., Case No. 30-2020-01123461-CL-PO- CJC (the "Action"). WHEREAS, the Trust filed a cross -complaint against the City in Superior Court of the State California, County of Orange, Central Justice Center District, H & G Sanchez Family Trust vs. City of Santa Ana, and ROES 1 To 20, docket #55 (the "Cross -Action"). WHEREAS, Plaintiff and Defendants (collectively, the "Parties"), desire to settle fully and finally all differences between them, including, but in no way limited to, those differences described above. This Agreement hereby documents a global settlement amongst the parties of all issues arising from the Action and the Cross -Action. 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: 1. 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 Plaintiff or any person, violation of any order, law, statute, duty, or contract whatsoever against Plaintiff or any person. Defendants specifically disclaim 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 Defendants. Likewise, this Agreement and compliance with this Agreement shall not be construed as an admission by Plaintiff of any liability, misconduct, or wrongdoing whatsoever. 2. Each party will exchange a fully signed executed copy, or original, of this Agreement. Defendants cannot proceed with processing payment without a fully executed copy of the Agreement from Plaintiff. 3. Following the City's receipt of: (a) an executed Request for Dismissal with prejudice of the Cross -Action from the Trust; and (b) an executed Request for Dismissal with prejudice of the entire Action from Plaintiff, the City will make available to Plaintiff a check in the amount of Ten Thousand Dollars and no cents ($10,000.00) made payable to "MARIA BAUTISTA AND LAW OFFICES OF MICHAEL FRANCIS SMITH". The Trust and the City hereby acknowledge and agree that the Trust will dismiss the Cross -Action for zero dollars paid by the City and in consideration of the global settlement herein. Page 1 of 5