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A- 2016 -116 <br />CAAdC'�� ' Q <br />SETTLEMENT AGREEMENT <br />This Settlement Agreement (hereinafter "Agreement ") is made and entered into by and between <br />WILLIAM W. GREEN (hereinafter referred to as "Defendant "), and the CITY OF SANTA ANA, <br />(hereinafter "Plaintiff'). <br />WITNESSETH: <br />WHEREAS, Plaintiff tiled an action against Defendant in the Superior Court of the State of <br />California, County of Orange, Central Justice Center District known as CITY OF SANTA ANA V. <br />WILLIAM W. GREEN et al. Case No. 30- 2015 - 00783615- CU- EI -CXC (the "Action"). <br />WHEREAS, Plaintiff and the Defendant desire to settle the claim for Loss of Business Goodwill <br />1z) for the property located at 1321 North Bristol Street, Santa Ana, CA 92706 A.P.N. 405- 272 -15. <br />NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained <br />and other good and valuable consideration, receipt of which is hereby acknowledged, and to avoid <br />unnecessary litigation, it is hereby agreed by and between the parties as follows: <br />FIRST: The parties agree in the amount of FIFTEEN THOUSAND DOLLARS AND ZERO <br />CENTS ($15,000.00) in full and complete settlement of all claims made against the City of Santa Ana in <br />this litigation for Loss of Business Goodwill. The check is to be made out to "WILLIAM W. GREEN." <br />This amount is in full and complete settlement for Defendant's claim for Loss of Business Goodwill. <br />THIRD: Each person signing below represents that he /she has reviewed all aspects of this <br />Agreement, that the Agreement has been carefully read and fully explained to he /she and that he /she <br />understands all the provisions of this Agreement, that he /she understands that in agreeing to this <br />document he /she is releasing each party hereby from any and all claims he /she may have against each <br />party released, that he /she voluntarily agrees to all the terms set forth in this Agreement, that he /she <br />knowingly and willingly intends to be legally bound by the same, that he /she was given the opportunity <br />to consider the terms of this Agreement and discussed them with legal counsel. <br />FOURTH: The Parties hereto represent and acknowledge that in executing this Agreement they <br />do not rely and have not relied upon any representation or statement made by any of the parties or by <br />any of the parties' agents, attorneys, or representatives with regard to the subject matter, basis, or effect <br />of this Agreement or otherwise, other than those specifically stated in this Agreement. <br />FIFTH: This Agreement shall be binding upon the parties hereto and upon their heirs, <br />administrators, representatives, executors, predecessors, successors, and assigns, and shall inure to the <br />benefit of said parties and each of them and to their heirs, administrators, representatives, executors, <br />predecessors, successors, and assigns. <br />SIXTH: Should any provision of this Agreement be declared or be determined by any court of <br />competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of <br />Page 1 of 2 <br />