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A-2025-024 INSURANCE NOT REQUIRED V 10RK MAY PROCEED CITY CLERK DATE: MAR 1610 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims {"Agreement") is made and entered into by and between ENRIQUE MARBAN ("Appellant" or "Marban"), and CITY OF SANTA ANA e,il�st�n �riltil/r'1 IY1iIGldt� WITNESSIFITN; WHEREAS, Marban was terminated from his position of Recreation & Community Services Supervisor on January 11, 2022 and timely appealed to the City of Santa Ana Personnel Board (the "Action"). WHEREAS, Marban and City (collectively, the "Parties'), 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: I . This Agreement and compliance with this Agreement shall not be construed as an admission by City of any liability whatsoever, or as an admission by City of any violation of the rights of Marhan or any person, violation of any order, law, statute, duty, or contract whatsoever against Marban or any person. City specifically disclaims any liability to Marban or any other person for any alleged violation of the rights of Marban or any person, or for any alleged violation of any order, law, statute, duty, or contract on the part of any employees or agents of City. Likewise, this Agreement and compliance with this Agreement shall not be construed as an admission by Marban of any liability, misconduct, or wrongdoing whatsoever. 2. Each party will exchange a fully signed executed copy or original of this Agreement. Marban will also execute and provide to City a W-9 tax form. City cannot proceed with processing payment without a fully executed copy of the Agreement and W-9 from Marban. 3. Following execution of this Agreement by all parties, Marban shall formally withdraw and dismiss the Action and hereby waive any rights to appeal his termination. Marban authorizes his attorneys to take all actions necessary to withdraw and dismiss the Action. 4. Marban agrees to resign from employment with the City effective January 11, 2022, and further agrees to sign and submit, concurrently herewith, a letter of resignation effective January 11, 2022, in the following language: "I hereby resign my employment with the City of Santa Ana effective January 11, 2022." Marban acknowledges that he has no right or entitlement to return to work for the City. Marban has the right to apply for work at the City and shall be considered pursuant to the applicable civil service rules. The City agrees to accept Marban's resignation and shall rescind its termination of MarbaWs employment and ensure that its personnel action form reflects Marban's resignation from City employment as stated herein. S. To the extent legally permissible, City will provide a neutral reference to Marban's prospective employers in the event one of them contacts the City about Marban's employment with the ?age 1 bf 4 t 1A