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A- 2013 -146 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 HIGINIO HERNANDEZ (hereinafter referred to as "Claimant "), and the CITY OF SANTA ANA, (hereinafter "Respondent "). WITNESSETH: WHEREAS, Claimant filed a government tort claim against Respondent alleging damages as a result of an incident which occurred on June 6, 2012 and as a precursor to filing litigation (the "Claim "). WHEREAS, Claimant and the Respondent 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 Respondent and of any liability whatsoever, or as an admission by the Respondent of any violation of the rights of Claimant or any person, violation of any order, law, statute, duty, or contract whatsoever against Claimant or any person. The Respondent specifically disclaims any liability to Claimant or any other person for any alleged violation of the rights of Claimant 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 Claimant of any liability, misconduct, or wrongdoing whatsoever. SECOND: (a) At the time Claimant delivers to counsel for the Respondent a. fully signed original of this Agreement, the Respondent will deliver to Claimant, a check in the amount of TWO HUNDRED THIRTEEN THOUSAND NINE HUNDRED AND ONE DOLLARS AND FORTY -FIVE CENTS ($213,901.45) made payable to "Juan Cominguez, APLC and Higinio Hernandez" and a check in the amount of SIXTY -ONE THOUSAND NINTY -EIGHT DOLLARS AND FIFTY -FIVE CENTS ($61,098.55) made payable to the "Cochran Firm" in full and complete settlement of all claims made against the City of Santa Ana in this claim. This amount is in full and complete settlement for Claimant's claims for all damages alleged in the above - referenced Claim. 1