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N-2022-148 �J INSURANCE NOT REQUIRED WORK MAY PROCEED r' CLERK OF COUNCIL r DATE: SETTLEMENT AGREEMENT ' Gh C (Kerr AND RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims ("Agreement") is made and entered into by and between CADENCE CAPITAL INVESTMENTS, LLC, a Delaware limited liability company ("Plaintiff'), and CITY OF SANTA ANA ("Defendant"). WHEREAS, Plaintiff filed an action against Defendant in the Superior Court of the State California, County of Orange, Central Justice Center District known as CADENCE CAPITAL INVESTMENTS. LLC v. CITY OF SANTA ANA et aL, Case No. 30-2021-01180277-CU-BC- CJC (the "Action"). WHEREAS, Plaintiff and Defendant (collectively, the "Parties"), desire to settle fully and finally all differences between them, arising out of or relating to the Action and the claims asserted therein. 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 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, law, 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. 2. Each party will exchange a fully signed executed copy or original of this Agreement. Defendant cannot proceed with processing payment without a fully executed copy of the Agreement from Plaintiff. 3. Following receipt of, or in exchange for, an executed copy of a Request for Dismissal form from Plaintiff dismissing this Action with prejudice, Defendant will make available a check in the amount of Twenty Seven Thousand Two Hundred and Eighty -One Dollars and Twenty -Five cents ($27,281.25) made payable "CADENCE CAPITAL INVESTMENTS, LLC AND MICHAEL J. RADFORD, ESQ. ". Defendant will file the Request for Dismissal following confirmed receipt of the foregoing check by Plaintiffs counsel. This monetary amount represents a full and complete settlement of Plaintiffs claims for all damages alleged in the Action. 4. Plaintiff agrees 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 t of