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h C(i Vill q SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS A -2015 -001 This Settlement Agreement and Release of All Claims (hereinafter "Agreement ") is made and entered into by and between MARIA LUISA ORENDAIN ( "Plaintiff') and CITY OF SANTA ANA (hereinafter referred to as 'Defendant "). WITNESSETH: WHEREAS, Plaintiff filed an action against the Defendant in the Orange County Superior Court known as MARIA LUISA ORENDAIN V. CITY OF SANTA ANA Case No. 30- 2013 - 00692046, for personal injuries, WHEREAS, Defendant denies such allegations, and WHEREAS, Plaintiff and the Defendant 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, and to avoid unnecessary litigation, it is hereby agreed by and between the parties as follows: FIRST: This Agreement and compliance with this Agreement shall not be construed as an admission by the Defendant of any liability whatsoever. 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 the 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. SECOND: (a) Plaintiff will sign a Request for Dismissal of the Entire Action with Prejudice form dismissing Case No.: 30- 2013 - 00692046 as to Defendant, CITY OF SANTA ANA, in its entirety. (b) Upon receipt of an executed Request for Dismissal, Defendant CITY OF SANTA ANA will deliver to Plaintiffs counsel, a check in the amount of TWENTY -TWO THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($22,500.00) in full and complete settlement of all claims made against CITY OF SANTA ANA, et al. in this litigation. The check will be payable to "MARIA LUISA ORENDAIN AND BARNETT & BARNETT" This amount is in full and complete settlement for Plaintiff's claims for all damages alleged in the above - referenced Complaint. (c) Plaintiff MARIA LUISA ORENDAIN agrees that the foregoing dismissal constitutes full and complete settlement of all claims made in this litigation. Plaintiff will not seek any further compensation for any other claimed damage, costs, or attorney's fees in connection with the matters encompassed in this Agreement. (d) Plaintiff acknowledges and agrees that the Defendant has made no representations to her regarding the tax consequences of any amounts received by her pursuant to this Agreement. Plaintiff agrees that she and she alone is liable for all taxes, if any, which are owed by her on any amount received hereunder including interest and penalties. Plaintiff will hold the Defendant harmless 'from any and all claims made by federal, state, or local taxing authorities or lien holders against Plaintiff on amounts owed by her.