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HomeMy WebLinkAboutSARIN, SOFIAINSURANCE NOT REQUIRED N-2023-110 WORK MAY PROCEED CLERK OF THE COUNCIL DATE: SETTLEMENT AGREEMENT AND MAY 0 8 2023 RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims (hereinafter "Agreement") is made and entered into by and between CITY OF SANTA ANA, a charter City and municipal corporation, and THE PEOPLE OF THE STATE OF CALIFORNIA, by the City Attorney for the City of Santa Ana (hereinafter "Plaintiffs"), and SOFIA SARIN, an individual (hereinafter "Defendant"). Plaintiffs and Defendant are also collectively referred to as "the Parties" herein. WHEREAS, Santa Ana is a city organized under the laws of the State of California, with a duty and interest in protecting the public health, safety, and welfare within the city; and WHEREAS, the Defendant are the current owners of the property located at 2639 West Is' Street, Santa Ana, California, identified as Assessor's Parcel Number 007-141-51 (the "Property"); and WHEREAS, Plaintiffs filed an action against Defendant, in the Superior Court of the State California, County of Orange, Central Justice Center District known as CITY OF SANTA ANA, et al. v. SARIN SOFIA, et al., Case No. 30-2021-01235923-CU-MC-CJC (the "Action"). The City's complaint in the Action includes a prayer for injunctive relief, civil penalties, attorneys' fees and costs, and other equitable relief against Defendant; and WHEREAS, the Parties desire to avoid the expense, inconvenience, and uncertainties of further litigation and, therefore, the Parties have agreed, with no admission of liability by any Party, to enter into a complete and final settlement of all disputes, Claims (as defined in paragraph 4 below), and differences between them with respect to the Action; and 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: TERMS OF SETTLEMENT AGREEMENT 1. Stipulation for Dismissal of Action. Upon Defendant's initial payment of Five Thousand Dollars ($5,000) as provided in Section 2 of this Agreement, Plaintiffs shall file a request for dismissal with prejudice of the Action. The Parties agree that the court shall retain jurisdiction to enforce this Agreement for a period of three (3) years pursuant to Code of Civil Procedure section 664.6. 2. Staff -Time, Reasonable Attorney's Fees, Abatement Costs. In consideration for the final settlement of this Action, and in accordance with the terms of this Agreement, Defendant stipulates and agrees to pay to the City of Santa Ana a total ofNineteen Thousand Four Hundred Fifty ($19,450.00) in staff time, abatement costs, reasonable attorney's fees and other associated damages incurred in this action (the "Settlement Payment") made payable to City of Santa Ana. The payments shall be made to "City of Santa Ana" as follows: City of Santa Ana, Santa Ana City Attorney's Office, 20 Civic Center Plaza, M29, P. O. Box 1988, Santa Ana, California 92702. The Settlement Payment shall made shall be paid to the City pursuant to the following payment schedule: (1) The amount of Five Thousand Dollars ($5,000.00) shall be paid within thirty (30) days of the execution of this Agreement; and (2) The remaining balance of Fourteen Thousand Four Hundred Fifty $14,450.00 shall be paid in equal monthly installments of Five Hundred Dollars ($500.00) each commencing within sixty (60) days of the execution of this Agreement and continuing for a period of twenty-four (24) months on the first (I") of each month; and (3) Following the twenty-fourth (24") monthly payment a balloon payment of Two Thousand Four Hundred and Fifty Dollars ($2,450.00) shall be due for the retraining balance within thirty (30) days from the last monthly payment. Withdrawal of Lis Pendens. The City shall withdraw the recorded Notice of Pendency of Action filed at the Orange County Clerk -Recorder's Office against the Property within five (5) business days after the request for dismissal of this Action is filed. 4. Release. (a) Notwithstanding the provisions of Civil Code section 1542, Defendant hereto hereby irrevocably and unconditionally release and forever discharge Plaintiffs and each and all of Plaintiffs' officers, agents, directors, supervisors, employees, agents, representatives, and Plaintiffs' successors and assigns and all persons acting by, through, under, or in concert with Plaintiffs from any and all charges, complaints, claims, violations and liabilities of any kind or nature whatsoever, known or unknown suspected or unsuspected (hereinafter referred to as a "Claim" or "Claims") which Defendant at any time heretofore had or claimed to have or which Defendant at any time now or hereafter may have or claim to have, which relates or pertains to the Property in any manner and/or to the allegations contained in the complaint filed in the Action. (b) Notwithstanding the provisions of Civil Code section 1542, Plaintiffs hereto hereby irrevocably and unconditionally release and forever discharge Defendant and each and all of Defendant's officers, agents, directors, supervisors, employees, agents, representatives, trustees, prior trustees successors and assigns and all persons acting by, through, under, or in concert with Defendant from any and all Claim or Claims which Plaintiffs at any time heretofore had or claimed to have or which Plaintiffs at any time now or hereafter may have or claim to have, which relates or pertains to the Property in any manner and/or to the allegations contained in the complaint filed in the Action. 2 5. California Civil Code Section 1542 Waiver. With respect to the released Claims set forth herein, the Parties, and each of them, acknowledge that they have been advised by legal counsel and are familiar with theprovisions of California Civil Code Section 1542, which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TOEXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, 1F KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." THE SETTLING PARTIES. BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS THEY MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT PERTAININGTO THE RELEASED CLAIMS. The Parties, and each of them, represent and warrant to the other that they execute this Agreement with full knowledge of any and all rights which they may have by reason of any of the matters described herein and they have received herein. Each Part hereby ereby further assumes the risk of mistake of fact in connection with the true facts involved in connection with the matters described Herein, and with respect to any facts which are now unknown to them relating thereto, and agrees that this Agreement shall be in all respects enforceable and not subject to termination or rescission by any such difference in facts. 6. Predecessor ecessors and Assigns. This Agreement and all terms, conditions, and obligations contained herein, including, but not limited to, the release of Claims set forth herein, are binding upon all persons having or acquiring any right or title in the Property, including any leasehold interest, or any part thereof, and any assigns and successors -in -interest of the Parties. 7. Warrant. Each of the Parties represents and warrants that none of the Claims or causes ofaction being released herein has been transferred, assigned, or otherwise conveyed to any other person or entity, and each of the Parties is the holder of the Claims being released by that Party. 8, Representations. Each Party further represents and warrants, as to itself, but not as to anyother Party, as follows: (a) Each Party has received or has had the opportunity to receive independent legal advice fromattorneys of such Party's choice with respect to the advisability of executing this Agreement and the releases provided for herein, and prior to the execution of this Agreement by each Party, that Party's attorney, if any, reviewed this Agreement and discussed the Agreement with such Party, and the Party has made all desired changes. (b) Except as expressly stated in this Agreement, each Party represents and warrants that it hasnot made any statement or representation to any other Party regarding any facts relied upon by said other Party in entering into this Agreement, and each Party specifically does not rely upon any statement, representation, or promise of any other Party ,in executing this Agreement or in making the settlement provided for herein, except as expressly stated in this Agreement. (c) Each Party and its attorney(s), if any, has had a full and fair opportunity to investigate and evaluate the transactions, documents, facts, circumstances, and ,disputes out of which this Agreement arises prior to entering into this Agreement, and each Party hereto and their respective attorney(s), if any, have made such investigation of the facts pertaining to this Agreement, and all of the matters appertaining thereto, as they deem necessary. (d) The terms of this Agreement are contractual and not a mere recital. (e) By signing this Agreement, each Party represents an4 warrantsIthat such Party has carefully read this. Agreement, that the contents hereof are known -and understood by such Party, and that this Agreement is signed freely by such Party. (1) Each Party executing this Agreement in a representative ro,npacityrepresentsand warrants that it is empowered to do so. 9. Enforcement of Settlement. The Parties agree,that.thls, Agreement may be enforced pursuant to California Code of Civil Procedure Section 664.0. 10. Attorney's Fees. Should any Party hereto institute any, legal, action or proceeding to enforce any provision of this Agreement or for damages by reason of any alleged breach of any provision of this ,Agreement, the prevailing Party shall be entitled to recover from the non - prevailing Party all costs and expenses, including, without limitation, reasonable attorney's fees, court costs, and disbursements actually and reasonably incurred .in connection with said proceeding. IL No Admission. This Agreement is executed pursuant to a compromise and settlement entered into by_each• of the Parties hereto without any adrtiissjon,of liability,to each other, but solely for. the purpose of avoiding costly litigation on disputed,Claims and avoiding further uncertainty, controversy, and legal expense. Without limiting the foregoing, neither the settlement of the dispute nor any consideration provided by any Party, nor anything contained in this Agreement, shall be taken or construed to be an inference or admission by any of the, Parties or as evidencing or indicating in any degree the truth or correctness of any plaims or defenses asserted in the Action. 12. Choice ofLaw/Venue,; This Agreement shall be govet;ned,by apd,gonstrued under the lawsof the State of California. If any provision of this Agreement;;i I.,invalid or contravenes California law, such,provision-shall be deemed not to be a part of this, Agreement and shall not affect the validity or enforceability of the remaining provisions. Nothing'contained herein shall be construed so as to require the commission of any acts contrary to law, and wherever there is a conflict between any provisions ofthisAgreement and any present or fiiturestatute, law, ordinance, or regulation, the former shall be curtailed and limited only to the extent, necessary to make it rd comply with such statute, law, ordinance, or regulation.Any action arising out of this Agreement, or the matters addressed herein, shall be brought within the Superior Court for the State of California, County of Orange. 13. Integrated Agreement. This Agreement constitutes a single integrated written contract expressing the entire agreement of the Parties. There are no other agreements, written or oral, express or implied, between the Parties, and/or their successors and assigns, with respect to the matters released herein, except the Agreement set forth herein. Each Party to this Agreement has substantial experience with the subject matter of this Agreement and each has fully participated in the negotiation and drafting of this Agreement and has been advised by counsel of its Clio ice with respect to the subject matter hereof. Accordingly, this Agreement shall be construed without regard to the rule that ambiguities in a document are to be construed against the drafter. 14. Section Headimss. The section headings contained in this Agreement are for convenienceonly, and shall in no way enlarge or limit the scope or meaning of the various and several sections hereof. 15. Gender and Number. Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed toinclude the plural, unless the context otherwise requires. 16. Counterpart Execution. This Agreement may be executed in multiple counterparts, each ofwhich shall be deemed to be an original and all of which together shall constitute one document. Delivery of an executed counterpart of a signature page to this Agreement or any of its exhibits by facsimile or electronic mail will be effective as delivery of a manually executed. counterpart of this Agreement or any of its exhibits. 17. Severability: Ifany material portion of this Agreement is held to be unenforceable by acout of competentjurisdiction, the remainder of this Agreement shall remain in full force and effect. 18. Amendments. This Agreement may be amended only by written agreement signed by all of the Parties hereto, or their respective successors or assigns. [Signatures on the following page] 9 N-2023-110 IN WITNESS WHEREOF, this Agreement is executed on the dates set forth below. Dated: ;� CITY OF SANTA ANA, a charter law city and municipal corporation, duly organized and existing under the Constitution and laws of the State of California By: Kristine Ridge, City Manager ATTEST: CITY OF SANTA ANA, a charter law city and municipal corporation, duly organized and existing under the Constitution and laws of the State of California Dated: By: City erk PROPERTY OWNER Dated: a/2�3 Sofia Sarin APPROVED AS TO FORM: SONIA R. CARVALHO, CITY ATTORNEY City of Santa Ana Dated: 4/5/2023 "` Jose Montoya Assistant City Attorney Attorney for Plaintiff CITY OF SANTA ANA Dated: `a 1 _:�- � Law Office of George B. Piggott, A Professional Corporation Attorney for Sofia Sarin