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INSURANCE NOT REQUIRED WORK MAY PROCEED A-2023-144 CITY CLERK DATE: SETTLEMENT AGREEMENT pC Lp) lf AND RELEASE OF ALL CLAIMS \� ' Npltas(anl rod AND Settlement Agreement and Release of All Claims ("Agreement") is made and entered into by and between STEPHANIE AVILA ("Plaintiff'), and CITY OF SANTA ANA and MATTHEW THOMAS (collectively, "Defendants"). M WITNESSETH: CV O CV o WHEREAS, Plaintiff filed an action against Defendants in the Superior Court of the State I_ California, County of Orange, Central Justice Center known as STEPHANIE AVILA v. CITY OF C) SANTAANA, et al., Case No. 30-2020-01131418-CU-PO-CJC (the "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. 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 receipt of, or in exchange for, an executed copy of a Request for Dismissal form from Plaintiff dismissing this Action with prejudice, Defendants will make available a check in the amount of Three Hundred and Seventy -Five Thousand Dollars ($375,000.00) made payable "STEPHANIE AVILA AND LAW OFFICES OF MORTEZA AGHAVALL" This amount represents a full and complete settlement of Plaintiffs claims for all damages alleged in the Action. The City of Santa Ana will file the Request for Dismissal following receipt of the foregoing check by Plaintiffs counsel. 4. 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. 5. Plaintiff acknowledges and agrees that Defendants have made no representations Page l of