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2 WHEREAS, on October 2, 2018, Gina Ruan and Santos Ruan filed a bankruptcy
<br />petition under Chapter 7 of Title 11 of the United States Code as United States Bankruptcy Court
<br />for the Central District of California, Riverside Division ("Bankruptcy Court") case number 6 18-
<br />bk-18347-WJ ("Bankruptcy Case")
<br />3 WHEREAS, A Cisneros is the duly appointed and acting Chapter 7 Trustee of the
<br />Bankruptcy Estate of Gina Ruan and Santos Ruan ("Bankruptcy Estate")
<br />4 WHEREAS, pursuant to 11 U S C § 541, all legal and equitable interest in any
<br />claim ansing from the Subject Incident became property of the Bankruptcy Estate upon the filing
<br />of the Bankruptcy Case
<br />5 WHEREAS, Gina Ruan's unverified Complaint was filed on April 8, 2019, in the
<br />San Bernardino Superior Court, entitled Czty of Redlands, et al , Case Number CIVDS 1910501
<br />and alleging causes of action for negligence, premises liability, against CITY and FPA6
<br />Following, on February 13, 2020, FPA6 filed its First Amended Cross -Complaint, naming
<br />SOFTSCAPES, alleging Implied Contractual Indemnity, Equitable Indemnity, Breach of
<br />Warranties, Breach of Written Contract, Contribution, and Declaratory relief (hereinafter
<br />"ACTION")
<br />6 WHEREAS, SOFTSCAPES,FPA6, and CITY deny and continue to deny any and
<br />all liability to PLAINTIFF
<br />7 WHEREAS, the ACTION involves disputed questions of fact and law, and, in
<br />order to avoid the uncertainties and costs of further litigation, tnals, and appeals, and without any
<br />admission of liability or fault whatsoever, it is the intent of the SETTLING PARTIES to settle and
<br />release any and all claims and/or cross -claims between them that currently exist, have previously
<br />existed, or may exist in the future arising out of, or related in any way to, the ACTION and/or any
<br />and all other allegations, claims, cross -claims, and defenses related to the ACTION
<br />NOW, THEREFORE, in consideration of the covenants contained herein, the
<br />SETTLING PARTIES do hereby agree as follows
<br />C. SETTLEMENT TERMS
<br />1 Incorporation of Recitals The Recitals above are incorporated by reference as
<br />though set forth hereinafter
<br />2 Consideration The consideration for settlement of all past, present and future
<br />claims of PLAINTIFF against SOFTSCAPES and FPA6 in the ACTION and arising out of or
<br />related to the SUBJECT INCIDENT and SUBJECT PROPERTY, and the dismissal of the
<br />operative Complaint in this ACTION with prejudice is as follows
<br />(a) Within thirty (30) calendar days following receipt of a fully executed copy
<br />of this AGREEMENT, and a completed W-9 from the settlement payee,
<br />SOFTSCAPES,FPA6, and CITY and/or their insurers shall collectively
<br />issue payment to PLAINTIFF as follows
<br />2
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