A WHITE AND YELLOW CAB, INC. - 2015

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A -2015 -181 SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS THIS SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS ( "Agreement ") is made effective as of August, 2015 by and between the City of Santa Ana ( "City") and A White and Yellow Cab, Inc. ( "AWYC "). RECITALS A. In or about January 2011, City and AWYC entered into a Site License Agreement (A -2011 -013) which provided AWYC the privilege to use the taxi stand license area at the Santa Ana Regional Transit Center ( "SARTC "). In exchange, the Agreement required AWYC to pay a monthly fee and conform to certain use standards. B. A dispute has arisen concerning AWYC's failure to pay the full monthly fee in light of increased competition from transportation network companies (TNCs), such as Uber, Lyfl, Sidecar, and others. C. City and AWYC desire to resolve their dispute in accordance with the provisions of this Agreement. TERMS In consideration of the covenants herein and other good consideration: Upon execution of this Agreement, A White and Yellow Cab, Inc. shall provide the City of Santa Ana with good funds in the form of a certified cashier's check made out to "CITY OF SANTA ANA" in the amount of $12,500 ( "Settlement Funds "). Upon receipt of the Settlement Funds, City agrees to allow AWYC to continue to operate pursuant to the terms of the Site License Agreement (A- 2011 -013) until August 30, 2015. On such date, the License shall tenninate expressly and without further notice. 2. Excluding the obligations created under this Agreement, the parties hereby release and discharge one another and their respective agents, representatives, predecessors, successors, assigns and attorneys from any and all claims, losses, debts, liabilities, demands, obligations, costs, expenses, damages, attorneys' fees, actions or causes of action, whether known or unknown, suspected or unsuspected, whether accrued, contingent or otherwise which they may have which arise from, or are in any way related to the Site License Agreement (A -2011 -013). 3. With respect to the releases described in Paragraph 2 of this Agreement, the parties expressly waive all rights under California Civil Code section 1542 which provides that a general release does not extend to unknown or unsuspected claims which, if known, would have materially affected the settlement. California Civil Code section 1.542 provides: