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F-1191TEMW 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 ANTHONY SILVA (hereinafter referred to as "Plaintiff'), and CITY OF SANTA ANA and EUGENIO SANCHEZ (hereinafter "Defendants "). 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 ANTHONY SILVA v CITY OF SANTA ANA EUGENIO SANCHEZ et al., Case No. 30- 2012- 00596622 (the "Action "). WHEREAS, Plaintiff and the Defendants 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 Defendants of any liability whatsoever, or as an admission by the Defendants 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 Defendants specifically disclaim 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- 2012 - 00596622 as to Defendants, CITY OF SANTA ANA and EUGENIO SANCHEZ, in its entirety. (b) At the time Plaintiff delivers to corGnsel for the Defendants a frilly signed original of this Agreement, the Defendants will deliver to Plaintiff, a check made payable to him and his attorney in the amount of NINE THOUSAND FIVE HUNDRED DOLLARS ($9,500.00) in full and complete settlement of all claims made against City of Santa Ana and Eugenio Sanchez in this litigation. This amount is in fall and complete settlement of Plaintiff's claims for all damages alleged in the above - referenced Complaint.