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HomeMy WebLinkAboutSANTA ANA POLICE OFFICERS ASSOCIATION (LEON)N-2023-239 INSURANCE NOT REQUIRED WORK MAY PROCEED a CITY CLERK DATE: RELEASE OF CLAIMS t1: CAo Cal This Settlement Agreement and Release of Claims ("Agreement") is made by and between the City of Santa Ana ("City"), a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, on one hand, and the Santa Ana Police Officers Association ("Petitioner"), on the other hand, based upon the following facts. Petitioner and City are also referred to as the "Parties" or singularly as "Party." RECITALS A. On May 11, 2022, Petitioner filed a Petition for Writ of Mandamus or Prohibition against City entitled Santa Ana Police Officers Association v. City of Santa Ana, Orange County Superior Court Case No. 30-2022-01260069-CU-WM-CJC ("Action"). C. The Parties' have negotiated in good faith and reached a settlement that is mutually beneficial. It is the intent of the Parties for this Agreement to establish the terms of a full and complete resolution of the claims raised in the Action. AGREEMENT 1. Dismissal of Action. The Parties agree that Petitioner shall dismiss the Action without prejudice. The Parties shall bear their own costs and attorney's fees. 2. Mutual Releases. Except for the obligations set forth in this Agreement, Petitioner releases City and each of its' respective owners, officers, affiliates, members, council members, commissioners, officers, employees, agents and attorneys from any and all claims, demands, liabilities, obligations, costs, expenses, fees, actions, and/or causes of action that each Party has had or has arising out of, or connected to, the Action. 3. California Civil Code Section 1542. Each of the Parties hereby expressly waives the rights and benefits conferred by the provisions of Section 1542 of the California Civil Code, which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. 4. Amendments and Modifications. This Agreement may only be amended or modified through a writing executed by all the Parties. 5. No Admissions by Parties. Each of the Parties acknowledge that this Agreement relates to the avoidance of continued litigation. The Parties therefore agree that this Agreement is not to be treated or construed, at any time or in any manner whatsoever, as an admission by any Party. 6. Cooperation. The Parties agree to do all things necessary and to execute all further Page 1 of 3 documents necessary and appropriate to carry out and effectuate the terms and purposes of this Agreement. 7. Binding on Successors. This Agreement shall be binding on and inure to the benefit of the successors and assigns of the Parties to this Agreement. 8, Governing Law and Venue. This Agreement shall be deemed to have been executed and delivered within the State of California. The rights and obligations of the Parties hereunder shall be governed, construed, and enforced in accordance with the laws of the State of California. The venue for any dispute arising from or related to this Agreement, its performance, and its interpretation shall be Orange County Superior Court. 9. Notices. Any notice, request, or communication to be given to either Party under this Agreement shall be given in writing and shall be personally delivered or mailed by prepaid registered or certified mail to the addresses below. Notices so mailed are deemed received within three (3) business days of mailing. City of Santa Ana Kristine Ridge, City Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 With Copy to: Sonia R. Carvalho, City Attorney City of Santa Ana 20 Civic Center Plaza, M29 Santa Ana, CA 92701 Petitioner Adam Krolikowski, Esq. The Krolikowski Law Firm 930 West 17th Street, Suite D Santa Ana, CA 92706 10. Entire Agreement. The Parties acknowledge that this Agreement is signed and executed without reliance upon any actual or implied promises, warranties or representations made by any of the Parties or by any representative of any of the Parties, other than those that are expressly contained within this Agreement. This Agreement, including the true and correct Recitals above, inclusive of all definitions contained therein, that are incorporated by reference herein as operative covenants and specifically relied upon by the Parties in executing this Agreement, constitutes the entire agreement and understanding among and between the Parties and supersedes any and all other agreements whether oral or written between the Parties. 11. Titles. Titles in this Agreement are inserted only as a matter of convenience and are for reference purposes only. Such titles are not intended to define, limit, extend, or describe the scope of this Agreement, or the intent of any provision thereof. 12. Severability. If any provision or portion of any provision of this Agreement is held Page 2 of 3 N-2023-239 unlawful or unenforceable, the Parties will, insofar as possible, prepare and substitute a mutually agreeable provision that is lawful and enforceable to carry out the purpose of the unlawful or unenforceable provision. The Parties further agree that, even if they are unable to prepare and substitute such a replacement provision, the balance of the Agreement shall remain in full force and effect. 13. Counterparts. This Agreement may be executed in counterparts. Such counterparts, when taken together, shall constitute the agreement among the Parties. Signatures transmitted electronically or by facsimile shall be deemed the equivalent of original signatures for all purposes. PARTIES: Dated: v ' Z 3 , 2023 Dated: % ' ( .2023 ATTEST: Dated: ��, 2023 APPROVED AS TO FORM: 4'ti Jo chirisky Pr i nt Santa Ana P lice Officers Association on Mot -sick xecutive Director, Human Resources Agency Dated: 9-06-2023 2023 THE KROLIKOWSKI LAW FIRM A olikowski, Esq. Aty for Petitioner SONIA CARVALHO City Attorney Dated: �l ' D'1 , 2023 01 O -NJ . i - • t119 11r1/> Laura A. Rossini Chief Assistant City Attorney Attorneys for City of Santa Ana Page 3 of 3