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INSURANCE NOT REQUIRED N-2022-338 WORK MAY PROCEED CLERK OF THE COUNCIL SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS DATE: This Settlement Agreement and Release of All Claims "A eement" ( gr ) is made and entered into by and between ALBERTO AGUILAR MARTINEZ ("Plaintiff'), and CITY OF SANTA ANA and ERIC O'ROURKE ("Defendants"). 0 GA6( e-A)( )0- WITNESSETH: e Superior Court of the State s ALBERTO AGUILAR o• --CU-PA- finally all differences Plaintiff n tthhem includmg butlin collectively, oeway limi ed "Parties" tlidesiresierences d se cnbedd 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: 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 disclaims any Iability 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. Fallowing the City's receipt of (a) 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 Nineteen Thousand Five Hundred Dollars and no cents ($19,500.00) made payable to "ALBERTO AGUILAR MARTINEZ AND LAW OFFICES OF BARRY S. ZELNER". 4. The foregoing amount to be paid by Defendants represent the Defendants' full and complete settlement of Plaintiff s claims for all damages alleged in the Action. The City will file the Request for Dismissal following confirmation that Plaintiff has received the check from Defendants. 5. Plaintiff and Defendants agree that this Agreement constitutes full and complete settlement of all claims made against Defendants 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. 6. Plaintiff acknowledges and agrees that Defendants have made no representations Page 1 of 4