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HomeMy WebLinkAboutANCHOR STONE CHRISTIAN CHURCH INSllWCE NOT REQUIRED A_2025-113 WfORK MAY PROCEED UTY CLERK DATE JUL 15 2075 o:C,AC (�) SETTLEMENT AGREEMENT Dtsv+a 4vintana(01) AND RELEASE OF CLAIMS This Settlement Agreement and Release of Claims ("Agreement") is made and entered into by and between ANCHOR. STONE CHRISTIAN CHURCH, a California non-profit religious corporation ("Plaintiff'), and CITY OF SANTA ANA also served and sued as SANTA ANA CITY COUNCIL (collectively, "City" or"Defendants"). ITNESSETH: WHEREAS, Plaintiff filed an action against Defendants in the United States District Court for the Central District of California, Southern Division known as ANCHOR STONE CHRISTIAN Cl ILIRCH v. CITY OF SANTA ANA,et al., Case No. 8:25-cv-215 (the "Action"). WHEREAS, Plaintiff and Defendants (collectively, the "Parties"), desire to settle fully and finally all differences between them related to the claims asserted by Plaintiff in the Action. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration. receipt and sufficiency 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 Defendants of any liability whatsoever, or as an admission by 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. 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 or agents of Defendants. Likewise, this Agreement and compliance with this Agreement shall not be construed as commentary by Plaintiff on the validity or strength of its claims, nor as an admission as to liability, misconduct, or wrongdoing whatsoever. 2. The Parties hereby acknowledge that Defendants cam-lot proceed with processing payment without a frilly executed copy of the Agreement from Plaintiff and agree to exchange a frilly signed and executed copy or original of this Agreement. 3. The Plaintiff and Defendants hereby agree to settle the Action on the following terms: a. Plaintiff will resubmit its application to the City for a Conditional Use Permit ("CUP") for use of the property at 2938 Daimler Street in Santa Ana (the "Property") for community assembly as a church (the "CUP Application") and may simultaneously (or later) submit required plan checks and permit applications for Plaintiff's planned renovations of the building on the Property. Page I of 6 (Representative of Plaintiff, Initials) b. Plaintiff will provide City Planning and Building Agency staff' with updated public notification mailing labels as required by Section 2-153(c)(2) of the Santa Ana Municipal Code in a timely manner. c. Defendants shall expedite review of Plaintiff's CUP Application and prioritize review of Plaintiffs plan checks and permit applications. Defendants agree to provide, or to cause the appropriate member of the City Planning and Building Agency staff to provide, a staff' reconit endation of approval of the CUP Application to the Planning Commission and, if necessary upon any appeal, to the; Santa Ana City Council for the CUP, City and. Plaintiff acknowledge that they intend that Plaintiff's CUP Application be heard by the Planning Commission as soon as possible after receipt by City Planning and Building Agency staff of the neighbor mailing labels and that consideration of the CUP will be agendized for the Planning Commission's agenda between fourteen(14) days and thirty (30) clays after receipt by the City Planning and Building Agency staff of the mailing labels described in Section 3(b),provided however, that such timeliame may be reasonably delayed by circumstances outside of City's control, inciuding a lack orquoruni. at a Planning Commission meeting, d. Defendants agree to waive all fees associated with the Plaintiffs CUP Application, plan check (whether expedited or standard), building permits, inspections, and expedited processing associated with (i) the CUP Application. and (ii) permits associated with renovations identifted in Plaintiff's development review application as set forth in this Agreement, e, if Plaintiffs CUP application is approved by the Planning Commission or City Council, and once all appeal periods have expired, the Parties agree as follows: i, The CUP will become effective and run with the land as set forth in local and state law, ii, The City will assign specific staff from each applicable permitting department to assist Plaintiff with expediting the permitting and approval process and will cause such assigned staff to use reasonable efforts to assist Plaintiff with expediting the permitting process; and iii. The City will assign a specific inspector from each inspecting department to work expeditiously with Plaintiffto obtain any necessary inspections in connection with or associated with Plaintiffs development review application and will cause such assigned inspectors to use; reasonable efforts to work expeditiously with Plaintiff to obtain any necessary inspections and approvals. iv. No later than thirty (30) days after approval of Plaintiffs CUP Application, the City agrees to pay to Anchor Stone Christian Church six hundred forty thousand dollars and zero cents ($640,000.00) by Page 2 of 6la` (Representative of Plaintiff, Initials) Automated Clearing; House ("ACII") transfer to the account in the name of the Plaintiff designated by the Plaintiff in writing or by mailing; a check nnade payable to Anchor Stone Christian Church to Plaintiffs counsel at the address listed. below in Section 20. Plaintiff agrees to Provide all paperwork reasonably necessary to process such payment including but not limited to a W-9. v. Following Plaintiffs receipt of a CUP for use of the Property for community assembly as a church and within five (5) days of Plaintiff's receipt of the funds as set forth. above in Section 3(e)(iv) the Parties agree to gale a joint stipulation for dismissal with prejudice of the Action. 4. Plaintiff and Defendants agree that this Agreement, the consummation of the actions set forth in Section 3, and all payments made pursuant thereto will constitute full and complete settlement of all claims made against Defendants in this Action. Plaintiff agrees that, except as contemplated by this Agreement, upon consummation of the actions set forth in Section 3, including receipt of the payment set forth in Section 3(e)(iv), Plaintiff will not seek any further compensation from the Defendants for ally other claimed damages, costs, or attorney's fees in connection with the Action or the matters encompassed in this Agreement. 5. Plaintiff acknowledges and agrees that Defendants have made no representations regarding the tax consequences of any amounts received pursuant to this Agreement. Plaintiff agrees that they and they alone are liable for all taxes, if any, which are owed by them on ally amount received hereunder including interest and penalties. Plaintiff agrees to hold Defendants harmless fiom any and all claims made against the Defendants by federal, state, or local taxing authorities with respect to amounts owing by Plaintiff as a result of any amount received by the Plaintiff hereunder. G. Separate and apart from tax liens, Plaintiff'agrees to hold the City harmless from any and all lien holders of any kind, to whom Plaintiff or their attorneys are indebted. Plaintiff further acknowledges that they and not the City are responsible for compromising any liens related to, or arising, from, this action. 7. Plaintiff represents that, with the exception of the Action and any government tort claim associated therewith and submitted to the City of Santa Ana,Plaintiff has not filed any complaints, claims, or actions related to the Action against Defendants including any of their officers, agents,directors, supervisors,employees, or rQpresentatives of Defendants with any state, federal,or local agency or court and that Plaintiff will not do so at any time hereafter as it relates to the Action except as necessary to enforce this Agreement, and that if any agency or court assumes jurisdiction of any complaint, claim, or action against Defendants on Plaintiff's behalf related to the Action, other than a complaint, claim, or action necessary to enforce this Agreement, Plaintiff will direct that agency or court to withdraw and dismiss the matter with prejudice. 8. The Parties hereby agree that all rights under Section 1542 of the Civil Code of the State of California are hereby waived. Civil Cock Section 1542 provides as follows: Page 3 of 6 (Representative of Plaintiff,Initials) "A general release sloes not extend to claims which the creditor or releasing Marty does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her,would have materially affected his or her settlement with the debtor or released party." 9. Notwithstanding the provisions of Civil Code section. 1542, each Party hereby irrevocably and unconditionally releases and forever discharges each other Party and each and all of its officers, agents, directors, supervisors, employees, representatives, and its successors and assigns and all persons acting by, through, under, or in concert with each other Party from any and all charges,complaints,claims,and liabilities of any bind or nature whatsoever,known or unknown, suspected or unsitspectcd(hereinafter referred to as"claim"or"claims")which each releasing Party at any time heretofore had or claimed to have or which each releasing Party at any three hereafter may have or claim to have, incidental to the incident(s) which form the basis of the Action. 10.. Each Party signing below represents that it has reviewed all aspects of this Agreement, that it understands that in agreeing to this document, such Party is releasing each other Party hereto from all clainns set forth above in Section 9, that such Party voluntarily agrees to all the terms set forth in this Agreement, that such Party knowingly and willingly intends to be legally bound by the same, and that such Party was given the opportunity to consider the terms of this Agreement and discussed them with its own legal counsel, Each person signing below hereby warrants that they have the authority to enter into this Agreement and bind the Party for whose benefit they execute this Agreement. Each Party acknowledges it is represented by its own counsel in the Action and the terms of this Agreement have been relayed to it by a means it understands. 11. I'he Parties hereto represent and acknowledge that, in executing this Agreement, they do not rely and have not relied upon any representation or statement made by any of the Parties or by any of the Parties' agents, attorneys, or representatives with regard to the subject matter, basis, or effect of this Agreement or otherwise, other than those specifically stated in this Agreement. 12, Each Party hereto represe-tits to the other Party and acknowledges that this Agreement, once fully executed,, constitutes a valid, legal and binding agreement of such Party enforceable against each Party in accordance with its terms. 13. The Plaintiff represents that it is duly organized, validly existing and in good standing under the laws of the State of California. 14. This Agreement shall be binding upon the Parties hereto and upon their heirs, administrators, representatives, executors, predecessors, successors, and assigns, and shall inure to the benefit of said Parties and each of thern and to their heirs, administrators, representatives, executors, predecessors, successors, and assigns. 15. This Agreement sets forth the entire agreement between the Parties Hereto and fully supersedes any and all prior agreements or understandings,written or oral, between the Parties Pago 4 of 6 (Representative of Plaintiff, faitials) hereto pertaining to the subject matter hereof. 16. This Agreernont shall be interpreted in accordance with the plain. meaning of its terms and not strictly for or against any of theParties hereto. 17. This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with in this Agreement. In addition, experienced and knowledgeable legal counsel has represented each Party. Accordingly, this Agreement shall be interpreted to expressly and specifically waive the right to construe the benefit of the Agreement against the drafter. 18. This Agreement shall be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties hereunder shall be construed and enforced in accordance with,and governed by,the substantive law of the State of California without regard to its choice-of-law provisions. 19. Any notice regarding this Agreement is to be provided in writing to the parties at the addresses below: City of Santa Ana Anchor Stone Christian Church Attn: City Attorney c/o O'Melveny & Myers LLP 20 Civic Center Plaza,M-29 Timothy S. Durst, Esd, P.O. Box 1988 2801 N. llarwood Street, Suite 1600 Santa Ana, CA 92702 Dallas,TX 75201 [This space intentionally left blank] Page 5 o r G 5�f(Representative of Plaintiff, initials) 1 Y 20. This Agreement may be executed in counterparts, secured via e-mail, facsimile transmission or otherwise, each of which shall be deemed to be an original. Photocopies of any executed counterpart shall have [lie same force and effect as all original. PARTIES: Plaintiff rP Dated: q l 0Z . ANCI-lC)li` s ONE c .R1sTlAN CHURCH, INC. By: Name: I I kfe'. Title: Defendants CITY OF SANTA ANA, a charter law city and municipal corporation, duly organized and existing tinder the Constitution and law% f the State o a t rnia Dated: �'"� �" By: Alvaro Nunez., City Man =er ATTEST: CITY OF SANTA ANA, a charter law city and municipal corporation. duly organized and existing under the Constitution and laNvs of the State of California 05 ! Dated: Bv,' Jennifer all, ' y Clerk APPROVED AS TO FORM: O'MEI E., c MYERS LLP Dated ,. TIMOTHY S. D RST Attorney for Plaintiff SONIA R. CARVALHO CITY ATTORNEY Dated: LAURA A. ROSSINI Chiel'Assistant City Attorney Attorneys tot•Defendants Page 6 of f! �(<(Representative of Plaintiff. initials)