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09/13/2013 14:31 17148501978 A-2013-060 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims (hereinafter "Agreement") is made and entered into by and between KARYL FROST (hereinafter referred to as "Plaintiff'), and CITY OF SANTA ANA (hereinafter "Defendant"). WITNESSETH: WHEREAS, Plaintiff filed an action against Defendants in the Superior Court of the State of California, County of Orange, Central Justice Center District known as KARYL FROST v. CIIY OF SANTA ANA, et al., Case No. 30-2012-00564920 (the "Action"). 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, receipt of which is hereby acknowledged, 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, or as an admission by the Defendant 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. The 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 any employees, agents of the CITY OF SANTA ANA. 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 with Prejudice form dismissing Case No. 30-2011-00518423 as to Defendant, CITY OF SANTA ANA, in its entirety. (b) At the time Plaintiff delivers to counsel for the Defendant a fully signed original of this Agreement and the Medicare letter stating its lien amount, the Defendant will deliver to Plaintiff, a check made payable to her and her attorney and another check made payable to Medicare both which together will total the amount of THIRTY SEVEN THOUSAND FIVE HUNDRED DOLLARS ($37,500.00) in full and complete settlement of all claims made against City of Santa Ana in this litigation. This amount is in full and complete settlement of Plaintiffs claims for all damages alleged in the above-referenced Complaint. RECEIVE: N0.4202 09/13/2013/FRI 02:32PM