MATT CHOU ET AL - BRADLEY IDELSHON, MARLA JAMES, DAVID JAMES, AND SKY HIGH HOLISTIC - 2016

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INSURANCE NOT REQUIRED WORK MAY PROCEED A-2016-305 CLERK OF COUNCIL IIATP /per -7� — a.o /v A1(±V(! dS) SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement ("Agreement") dated , 2016 (`Effective Date"') is entered by and among Bradley Idelshon, Marla James, David James, and Sky High Holistic ("settling plaintiffs"), on the one hand, and the City of Santa Ana and Yvette Aguilar on the other hand. At times all parties to this Agreement are referred to as "the parties" and individually referred to as a "party," This Agreement is entered into in reference to the following Recitals which the parties agree are accurate to the best of their knowledge or belief. RECITALS A. On November 4, 2014, the City of Santa Ana's voters approved Measure BB. On December 9, 2014, the City Council of the City of Santa Ana adopted Ordinance NS -2864, codifying Measure BB. B. On June 15, 2015, plaintiffs Bradley Idelshon, Marla dames, David James, Sky High Holistic, and Matt Chou filed an action entitled Matt Chou, et al,. v. City of Santa Ana, et al., U.S. District Court Case No. CV -15-00941 JVS (FFMx) ("Chou action"), challenging Measure BB and its enforcement. C. On December 28, 2015, plaintiffs filed a First Amended Complaint in the Chou action. D. On. March 7, 2016, the Court dismissed the fourth, fifth, sixth, and seventh claims in the First Amended Complaint, and also dismissed Mayor Miguel Pulido as a defendant in the Chou action. E. The parties now wish to resolve their differences and to avoid the expense of further litigation, and enter into this Agreement to finally, fully, comprehensively, and conclusively settle all of the settling plaintiffs' claims in the Chou action. NOW THEREFORE, in consideration of the above recitals, the parties agree as follows: TERMS OF SETTLEMENT The City of Santa Ana shall pay to settling plaintiffs the total sum of one hundred thousand dollars ($100,000.00) (the "Settlement Amount") in full ' The "Effective Date" is the date upon which all parties have executed this agreement as evidenced by the latest date on the signature pages.