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HomeMy WebLinkAboutCORTEZ, MELISSA, A MINOR, BY AND THROUGH HER PARENT AND LEGAL GUARDIAN, ARTURO CORTEZavv vb U 4l -i° rz F7 7' cad A -2015 -132 SETTLEMENT AGREEMENT AND RELEASE THIS CONFIDENTIAL SETTLEMENT AGREEMENT AND GENERAL RELEASE (hereinafter "Agreement ") is entered into and effective upon its execution by all parties hereto as a complete, final and binding settlement and compromise of all claims and potential claims, if any, between MELISSA CORTEZ, a minor, by and through her parent and legal guardian, ARTURO CORTEZ (referred to herein collectively as " CORTEZ" or "Plaintiff'), EL SOL SCIENCE AND ARTS ACADEMY OF SANTA ANA, a California Nom -Profit Public Benefit Corporation, (referred to herein as "El, SOL "), CITY OF SANATA ANA (referred to herein as "CITY "), and RAENETTE RODRIGUEZ (hereinafter referred to as "RODRIGUEZ "). El, SOL, CITY, and RODRIGUEZ are collectively also referred to as Defendants. This agreement is entered into by CORTEZ, by and through her parent and legal guardian, ARTURO CORTEZ, EL SOL, CITY, and RODRIGUEZ on their own behalf and on behalf of their spouses, parents, children, heirs, principals, parent companies, management companies, attorneys in fact, subsidiaries, affiliates, and their respective shareholders, directors, officers, employees, agents, insurers,- attorneys, assigns, landlord, tenants, chartering districts, affiliated districts or educational entities, predecessors, successors, and representatives. All entities and individuals named herein are collectively referred to as the "Parties" and singularly (generically) as a "Party RECITALS WHEREAS, CORTEZ has alleged that she suffered certain personal injuries as a result of an accident occurring on or about March 9, 2013 (hereinafter referred to as the "Incident "); WHEREAS, CORTEZ filed an action entitled Cortez v. El Sol Science & Arts Academy, et al., Orange County Superior Court, Case No. 30 -2014- 00712370- CU- PA -CJC (hereinafter referred to as the "Action "); WHEREAS, Defendants filed various cross - complaints for indemnity and contribution against each of the other Defendants in the Action; WHEREAS, COI2TEZ has contended that the injuries she has sustained and the damages she has incurred were caused by the acts and /or omissions of various individuals and /or entities including, but not limited to, the Defendants; WHEREAS, Defendants have denied and continue to deny the causes of action, claims, contentions, acts, and omissions alleged by CORTEZ, and have denied and continue to deny any wrongdoing or legal liability arising out of or pertaining to any injuries and /or damages allegedly arising from the Incident; WHEREAS, the Parties now desire to resolve and settle all of their differences, including, but not limited to the Action and their respective cross - complaints; [t] NOW THEREFORE, in consideration of the foregoing and the following statements, covenants, promises, obligations and undertakings, it is mutually agreed by and between the Parties, as follows: SETTLEMENT TERMS 1. Procedural Matters: 1.1 Within 30 calendar days of executing this Agreement, if not already done so, CORTEZ shall cause to be prepared, and filed, and serve all the necessary and appropriate forms with the applicable Court so that the Court may hear CORTEZ's Petition for the Court's Approval of a Minor's Compromise according to the settlement outlined herein. 1.2 As soon as possible before, and no later than, the filing date of the Petition for the Court's Approval of the Minor's Compromise, CORTEZ shall provide, in writing, to all Parties' counsel: - (1) the name, complete address, telephone number(s), and Federal TIN of each third party, if any, including, but not limited to, any healthcare professional(s) and /or healthcare facility or company, federal, state, local agency or entity that has, may have, or purports to have a statutory lien as to the outcome of this claim and /or the Settlement Amount; (2) the amount of all current liens, contracts, claims, obligations, debts, contracts, encumbrances, if any, by or with any third parties, including, but not limited to, any healthcare professional(s) and /or healthcare facility or company, federal, state, local agency or entity that has, may have, or purports to have a statutory lien as to the outcome of this claim and /or the Settlement Amount; and (3) the negotiated and discounted final amount, if different from those identified pursuant to Section 1.2(2), above, of each current lien, contract, claim, obligation, debt, encumbrance by or with any healthcare professional(s) and /or healthcare facility or company, federal, state, local agency or entity that has, may have, or purports to have a statutory lien as to the outcome of this claim and /or the Settlement Amount which said lien holder, or the like, has agreed to accept as full and final payment and satisfaction of any such liens, contracts, claims, obligations, debts, contracts, encumbrances. 1.3 All checks consistent with the Settlement Amount and any payments to any lien - holder(s), if any, will be held in trust by each respective payor Party's counsel until such time as required by this Agreement and the Court's approval of the Minor's compromise, when said checks will be transmitted to CORTEZ's counsel for distribution. 1.4 Within thirty (30) calendar days of the Court's approval of the Minor's compromise, the Settlement funds and any check(s) payable to any lien - holders, if any, will be contemporaneously exchanged for an executed Request for Dismissal, with prejudice, as to any and all cases, claims, causes of action and as to any and all parties. Within thirty (30) calendar days of the Court's approval of the Minor's compromise, all Parties agree to provide to counsel [21 for the cross - defendant(s) in each of their respective cross - complaints, Requests for Dismissal, with prejudice, as to their cross - complaints, dismissing all named and unnamed cross - defendants, and thereby releasing all of their claims as against all named and unnamed cross - defendants. 1.5 The Parties hereby acknowledge and agree that the settlement contemplated by this Agreement is subject to, and conditioned upon, the Court's approval of the Petition for the Court's Approval of the Minor's Compromise. 1.6 The Parties hereby acknowledge and agree that the settlement contemplated by this Agreement is further subject to, and conditioned upon, approval and ratification of this Agreement by the Board of Directors of EL SOL. 1.7 The Parties hereby acknowledge and agree that the settlement contemplated by this Agreement is also subject to, and conditioned upon, approval and ratification of this Agreement by the City Council of the CITY. 2. Settlement Amount: 2.1 In consideration of the statements, covenants, promises, obligations, undertakings, releases, and dismissals set forth in this Agreement, payment in the total sum of $375,000.00 (Three Hundred Seventy Five Thousand Dollars), present value, with the following breakdown: $250,000.00 (Two Hundred Fifty Thousand Dollars) on behalf of EL SOL, $100,000.00 (One Hundred Thousand Dollars) on behalf of CITY, and $25,000.00 (Twenty Five Thousand Dollars) on behalf of RODRIGUEZ, (hereinafter collectively referred to as the "Settlement Amount ") will be made to CORTEZ according to the specifications set forth in subsection 2.2, below. 2.2 Payments In consideration of the release set forth in Section 5 below, the Defendants' insurers, and, in the event a Defendant is not insured, that Defendant (collectively referred to as "the Payors ") agree to pay to Melissa Cortez (the "Payee ") the sums outlined in this Section as follows: (a) Payments due at the time of settlement as follows: See Exhibit "A" (b) Periodic payments made according to the schedule as follows (the "Periodic Payments "): Payable to Melissa Cortez $25,000 annually, guaranteed 5 years, beginning on September 20, 2022. The last payment will be made on September 20, 2026. $40,000 guaranteed lump sum payable at age 25 (on September 20, 2029). [31 $70,923 guaranteed lump sum payable at age 30 (on September 20, 2034). All sums set forth herein constitute damages on account of personal injuries or sickness, within the meaning of Section 104(x)(2) of the Internal Revenue Code of 1986, as amended. 2.3 Payee's Rights to Payments Payee acknowledges that the Periodic Payments cannot be accelerated, deferred, increased or decreased by Payee or any payee; nor shall Payee or any payee have the power to sell, mortgage, encumber, or anticipate the Periodic Payments, or any part thereof, by assignment or otherwise. 2.4 Payee's Beneficiary Any payments to be made after the death of the Payee pursuant to the terms of this Settlement Agreement and Release shall be made to the Estate of the Payee. After the age of majority, Payee may submit a change of beneficiary in writing to the Assignee. The designation must be in a form acceptable to the Assignee. 2.5 Consent to Qualified Assignment (a) Payee acknowledges and agrees that the Payors may make a "qualified assignment ", within the meaning of Section 130(c) of the Internal Revenue Code of 1986, as amended, of the Payors' liability to make the Periodic Payments set forth in Section 2.2(b) to Prudential Assigned Settlement Services Corp. ( "the Assignee "). The Assignee's obligation for payment of the Periodic Payments shall be no greater than that of Payors (whether by judgment or agreement) immediately preceding the assignment of the Periodic Payments obligation. (b) Any such assignment, if made, shall be accepted by the Payee without right of rejection and shall completely release and discharge the Payors from the Periodic Payments obligation assigned to the Assignee. Payee recognizes that, in the event of such an assignment, the Assignee shall be the sole obligor with respect to the Periodic Payments obligation, and Payee agrees that such assignment shall constitute a full release and discharge of all of Payors' obligations relative to the Periodic Payments set forth above. 2.6 Right to Purchase an Annuity Payors, themselves or through Prudential Assigned Settlement Services Corp. ( "the Assignee "), reserve the right to fund the liability to make the Periodic Payments in Section 2.2(b) through the purchase of an annuity policy from Prudential Insurance Company of America. The Assignee shall be the sole owner of the annuity policy and shall have all rights of ownership. The Assignee may have Prudential Insurance Company of America mail payments directly to the Payee. The Payee shall be responsible for maintaining a current mailing address for Payee with Prudential Assigned Settlement Services Corp. [41 2.7 Discharge of Obligation The obligation of the Assignee to make each Periodic Payment shall be discharged upon the mailing of a valid check in the amount of such payment to the designated address of the Payee named in Section 2 of this Settlement Agreement. 2.8 All Parties to this Settlement Agreement hereby further agree that in the event of a Defendant's default or non - performance under this Agreement, such as for example non- payment and /or late payment of that Defendant's respective settlement funds identified in paragraphs 2. 1, any such default or non - performance shall only be deemed as the defaulting /non- performing Defendant's breach of this Agreement, and any relief available to CORTEZ related thereto shall inure only as against the defaulting /non - performing Defendant, and such breach shall not affect the settlement and dismissal of this Action as to any other party herein. 3. Applicable Taxes, Fees, Withholding, Ability to Obtain Financing, etc.: 3.1 CORTEZ acknowledges and agrees that Defendants and their counsel have not made, and do not make any representations herein concerning the taxable status of any of the payments set forth in this Agreement, and CORTEZ acknowledges and agrees that she has not relied and will not rely on any such representations, if any. 3.2 CORTEZ acknowledges and agrees that she will be solely responsible for any tax liability, or the like, that results from any of the payments set forth in this Agreement. 3.3 CORTEZ acknowledges and agrees that Defendants and their counsel have at no time prior to this settlement made any representations concerning the possible consequences of the Settlement Amount upon her or her parents' ability to obtain any financial aid, loans, grants, financing, etc., irrespective of the intended or actual use or purpose of any such financial aid, loans, grants, financing, etc. 4. Waiver of Fees and Costs: 4.1 The Parties separately and each agree that they shall bear their own attorney's fees and costs incurred in connection with this Action, including but not limited to: (1) the prosecution and /or defense of the Action, and the related cross - complaints; (2) the Parties' discussions and negotiations regarding the claims, contentions, acts, and omissions that have been separately alleged by CORTEZ and all claims related thereto; and, (3) the negotiation of this Agreement, and no further claims or demands related thereto shall be made. 5. Release: 5.1 In consideration for the statements, covenants, promises, obligations, dismissals, and undertakings set forth in this Agreement, CORTEZ shall and does hereby completely and forever release, absolve, acquit, relieve, and discharge EL SOL, CITY, RODRIGUEZ, and their principals, directors, officers, elected and appointed officials, attorneys in fact, management companies, shareholders, past and present employees, agents, representatives, business entities, [51 fictitious business names, alter egos, partners, joint ventures, successors, affiliates, parent companies, member companies, subsidiaries, chartering districts, affiliated districts or educational entities (including, but not limited to the SANTA ANA UNIFIED SCHOOL DISTRICT), past and /or present students (and their parents and/or guardians, and specifically all those named as DOE and /or ROE defendants or cross - defendants in the Action), landlords, tenants, heirs, assigns, attorneys, and insurers (sometimes collectively referred to herein as "Released Parties "), from any and all claims, demands, obligations, actions, disputes, controversies, causes of action, rights, damages, judgments, orders, agreements, acts, indebtedness, liabilities, liens, promises, costs, loss of services, expenses (including, but not limited to, attorney's fees) and compensation of any kind or nature whatsoever, whether known or unknown, past or present, suspected or unsuspected, fixed or contingent, apparent or concealed, which CORTEZ now has or holds, or may have or hold, or which may hereafter accrue or otherwise be acquired, pertaining to any allegations, events, incidents, acts and /or omissions, and occurrences having taken place from the beginning of time through the date of execution of this Agreement, pertaining to, relating to, or arising out of the alleged acts /omissions that gave rise to the injuries and damages that gave rise to this settlement (i.e., the Incident and /or the Action), whether based on a tort, contract or any other theory of recovery or statute, and attorney's fees or costs, interest, punitive damages, penalties, or any other relief permitted by the California laws, or other state or federal case law or authority, and any other municipal, state, or federal statute, ordinance, or regulation, whether or not previously brought before any state or federal court or before any state or federal or any other government agency. 6. Waiver of Civil Code &1542: 6.1 CORTEZ represents and certifies that she has read, understands and expressly waives the following provisions of California Civil Code Section 1542: "A general release does not extend to claims which 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. " 6.2 CORTEZ understands and acknowledges that the significance and consequence of this waiver of California Civil Code Section 1542 is that even if she should eventually suffer additional damages or losses from the Parties' prior interactions, or should there exist other undisclosed obligations or liabilities existing between them, as well as their successors or assigns, she will not be able to make any claim for those damages, losses or obligations. Furthermore, CORTEZ acknowledges that she intends these consequences even as to claims for damages, losses or obligations that may exist as of the date of this Agreement but which she does not know exist, and which, if known, would materially affect her decision, either singularly or collectively, to execute this release, regardless of the cause of her lack of knowledge. [61 7. CORTEZ Solely Responsible For Liens and /or Claims of Third Parties To The Settlement Amount: 7.1 CORTEZ agrees that she is, and shall remain, solely responsible and liable for payment or satisfaction of any and all liens, contracts, claims, obligations, debts, encumbrances by or with any third parties, including but not limited to any healthcare professionals and /or healthcare facilities company, federal, state, local agency or entity that has, may have, or purports to have as to the outcome of this claim and /or the Settlement Amount, which in any way pertains to the allegations in this claim and /or Action, no matter when said lien, contract, claim, obligation, debt, encumbrance, was created, entered, incurred, or existed. 7.2 CORTEZ agrees to defend, indemnify and hold harmless Released Parties in the event that any healthcare professional(s) and /or healthcare facilities company, federal, state, local agency or entity, or any attorneys, at any time makes a claim, demand, files suit against, or otherwise pursues any of the Released Parties, to recover from it/them on any lien for medical services or payment of medical services that said third party may have against CORTEZ, her property, or to the Settlement Amount recited herein that arise from treatment for injuries alleged to be sustained in this claim or as part of this Settlement. 8. Eindine on Heirs and Successors: 8.1 This Agreement shall be binding on and inure to the benefit of the Parties' past, present and future principals, spouses, parents, children, officers, elected and appointed officials, directors, stockholders, attorneys, agents, servants, trustees, representatives, business entities, fictitious business names, alter egos, joint ventures, employees, subsidiaries, shareholders, affiliates, management companies, partners, parent companies, insurers, attorneys, predecessors and successors in interest, heirs, landlords, tenants, and assigns, chartering districts (including, but not limited to the SANTA ANA UNIFIED SCHOOL DISTRICT), affiliated districts and educational entities, and all other persons, firms or corporations with whom any of the former have been, are now, or may hereafter be affiliated. 9. No Admission of Liability: 9.1 It is understood and agreed that the Parties have entered into this Agreement solely for the purpose of avoiding the burden and expense of further litigation, and the making of this Agreement is not and shall not be construed as an admission of liability or violation of any law by any Party. This Agreement is neither a concession nor an admission, and shall not be used against any of the Released Parties as an admission or indication with respect to any claim of any fault, concession or omission by any of the Released Parties. 9.2 This Agreement shall be governed by California Evidence Cade § 1152 and case law interpreting its provisions. This Agreement, any statements or conduct made in the course of negotiation thereof, and any and all terms set forth herein, shall not be admissible (at any time and for any purpose or reason other than as provided herein) in any subsequent litigation, action or other legal or equitable proceeding. The Parties agree that this Agreement shall not be construed as, offered or admitted in evidence as, received as, or deemed to be evidence for any [7l purpose adverse to the named and unnamed parties released by and through this Agreement including, but not limited to, evidence of a presumption, concession, indication, or admission by any of the parties released by and through this Agreement of any liability, fault, wrongdoing, omission, concession, or damage. Without waiving the agreement concerning admissibility, the Parties agree that a copy of this Agreement may be used in a subsequent action or proceeding brought to enforce the terms of this Agreement or to be used as proof of settlement and a release thereof of all claims as identified herein. 10. Renresentations and Warranties: 10.1 The Parties warrant, represent, and agree that no other person or entity has, or has had, any interest in the claims, demands, obligations, or causes of action that form the basis of the claim against the parties released by and through this Agreement, Released Parties to any other claim, contention, act, or omission that has been separately alleged by CORTEZ in connection with the subject Incident and /or Action; that the Parties have the sole right and exclusive authority to execute this Agreement; and that the Parties have not sold, assigned, subrogated, transferred, conveyed, or hypothecated, or purported to assign, subrogate, transfer, or hypothecate, to any other person or entity, any damages, suits, claims, debts, wages, compensation, demands, assessments, obligations, liabilities, attorney's fees, costs, expenses, rights of action or causes of action released herein. 11. Non - Disparagement: 11.1 In consideration of the covenants, promises and agreements contained in this Agreement, each of the Parties separately warrants and agrees that she /it will not make any written or oral statement or engage in any conduct that disparages, criticizes, maligns, blames, defames, libels, or slanders the image or reputation of the other, including, but not limited to, any of their past or present subsidiaries, customers, clients, member companies, affiliates, parent companies, officers, elected and appointed officials, directors, agents, or employees. 12. Integration /Modification & No Inducement: 12.1 This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and is a final and complete expression of the intention of the Parties hereto. No representations, promises, monetary payments or inducements have been made by any Party, other than those set forth in this Agreement. Any and all prior negotiations, communications, discussions, representations or promises of any kind, whether oral or written, concerning the subject matter of this Agreement are superseded hereby and shall be considered without any legal force or effect. This is a fully integrated Agreement. This Agreement is not subject to oral modification. This Agreement may be modified, altered, amended or changed only by a writing signed by all Parties hereto. 12.2 The Parties declare and represent that no promises, inducements or other agreements not expressly contained herein have been made and that this Agreement contains the entire agreement between the Parties and the terns of this Agreement are contractual and not mere recitals. [81 13. Severability: 13.1 Each and every provision of this Agreement is separate and distinct from any and all other provisions of this Agreement. Should any provision or provisions of this Agreement be for any reason unenforceable, the balance shall nonetheless be of full force and effect. Any provision shall only be deemed invalid to the extent of the scope or breadth permitted by law. 14. Remedies: 14.1 The Parties acknowledge and agree that money damages would not be sufficient remedy for any breach of this Agreement and that the Parties shall be entitled to specific performance and injunctive relief to enforce the provisions of this Agreement or to remedy a breach or threatened breach of this Agreement. Such remedies shall not be deemed the exclusive remedies for a breach of this Agreement, but shall be in addition to all remedies available at law or in equity, including, without limitation, the recovery of damages and attorneys fees. 15. No Publicity: 15.1 In consideration of the statements, covenants, promises, obligations, undertakings, releases, dismissals, and agreements contained in this Agreement, CORTEZ and her counsel agree that they shall not take any action to publicize the resolution of the Action or the terms of this Agreement, including, but not limited to, speaking with the media, issuing press releases, or reporting to any verdicts /settlements publications. 16. Medicare Elieibility: 16.1 By executing this Agreement, CORTEZ acknowledges that at no time was she a Medicare beneficiary as it pertains to any of the allegations set forth in this claim and /or the Action, or any alleged damages and /or injuries arising from any act and /or omission that gave rise to this claim and /or the Action; at no time while this claim and /or the Action has been pending has she been a Medicare beneficiary as it pertains to any of the allegations set forth in this claim and /or the Action, or any alleged damages and /or injuries arising from any act and /or omission that gave rise to this claim and /or the Action; and based on the advice of her healthcare advisors to date, she does not reasonably anticipate becoming a Medicare beneficiary at any time in the future as it pertains to any of the allegations set forth in this claim and /or the Action or any alleged damages and /or injuries arising from any alleged act and /or omission that gave rise to this claim and /or the Action. 16.2 By executing this Agreement, CORTEZ agrees to indemnify, defend and hold harmless Released Parties and each of them to the fullest extent allowed by law in the event Medicare asserts liens /subrogation claims /penalties or any other claims against any of the Released Parties related to any past or future medical treatment received by CORTEZ. 16.3 By executing this Agreement, CORTEZ agrees to complete the applicable Medicare Beneficiary Questionnaire, disclosing whether she was a Medicare beneficiary at the time prior to making this claim, while this claim has been pending, or whether CORTEZ 191 anticipates becoming a Medicare beneficiary at any time prior to this settlement being finalized, whether or not related to claims arising from this claim and /or the Action, and CORTEZ agrees that EL SOL, RODRIGUEZ, and the CITY will not process any check or settlement request unless and until EL SQL's, RODRIGUEZ's, and the CITY's counsel have received the information requested. 17. No Other Lawsuits or Complaints: 17.1 CORTEZ covenants and warrants that, except for the Action, she has not filed, or caused to be filed, any formal or informal complaint, grievance, or the like, against EL SOL or any of the Released Parties regarding any of the allegations asserted in this claim with any local, state, federal, or private agency. 17.2 In the event CORTEZ has filed, or caused to be filed, any complaint, grievance, or the like, against EL SOL, or any of the Released Parties regarding any of the allegations asserted in this claim with any local, state, federal, or private agency, then CORTEZ further covenants and warrants that she will take all necessary measures to withdraw, cancel, and /or dismiss any such complaint, grievance or the like. 17.3 CORTEZ further covenants and warrants that she will not at any time after the execution of this Agreement file, or cause to be filed, any formal or informal complaint, grievance, or the like, against EL SOL, or any of the Released Parties, regarding any of the allegations asserted in this claim or the Action, that are the subject of this Agreement with any local, state, federal, or private agency. 18. Governing Law: 18.1 The validity and enforcement of this Agreement, and any of its terms or provisions, as well as the rights and duties of the Parties, shall be governed by the laws of the State of California. 19. Attorney's Fees, Jurisdiction, Enforceability Of Settlement Agreement and Venue: 19.1 Any action or proceeding to enforce or interpret this Agreement shall be commenced in the Superior Court of the State of California, County of Orange, which the Parties agree shall be the proper jurisdiction and venue for such action. In the event of any such action, the prevailing party (as determined by the court) shall be entitled to reasonable attorney's fees and costs, in addition to any other relief to which the prevailing party may be entitled. 19.2 Each of the Parties has entered into this Agreement with the specific understanding that it is enforceable by the court in which the Petition for Court's Approval of the Minor's Compromise will be filed. Such court shall retain jurisdiction and this settlement may be enforced pursuant to California Code of Civil Procedure section 664.6, in the event any party fails to perform the conditions or terms required herein. [101 20. Further Assurances: 20.1 The Parties agree to documents or instruments, and perfor effectuate the intent of this Agreement. 21. Non - Waiver: cooperate fully and execute and deliver such further in such other acts as may be necessary or appropriate to 21.1 The failure of the Parties hereto to insist, in any one or more instances, upon strict performance of any one or more of the provisions, terms, and /or conditions of this Agreement, or to exercise any rights hereunder, shall not be construed as a waiver thereof, and any and all such provisions, terms, conditions, and /or rights shall continue and remain in full force and effect. 22. Headings: 22.1 The headings contained in this Agreement are inserted as a matter of convenience only, and in no way define, limit, or extend the scope of the Agreement or any provision herein. 23. Jointly Drafted: 23.1 This Agreement has been drafted jointly and is not to be construed against any party. The Parties acknowledge that this Agreement has been negotiated at arm's length among persons knowledgeable in the matters herein. Accordingly, any rule of law including without limitation California Civil Code § 1654, or any other statute, legal decision, or common law principle of similar effect, that would require interpretation of any ambiguities in this Agreement against the party that has drafted it is of no application and hereby is expressly waived. This Agreement and its provisions shall be interpreted in a reasonable manner to effectuate the Parties' intentions. 24. Voluntary Settlement After Consultation with Lawyer: 24.1 The Parties warrant, represent and agree that they have carefully read this Agreement, understand this Agreement and all terms thereof, and are executing this Agreement with full knowledge of any and all rights that they may have with respect to the matters set forth and the claims released herein. The Parties acknowledge that they have each been represented by legal counsel or have had the opportunity to be represented by legal counsel in the negotiation and preparation of this Agreement, and the Parties enter into this Agreement freely, without coercion, and based upon the Parties' own judgment. 25. Execution in Counterparts / Facsimile Signatures / Copies: 25.1 This Agreement may be signed in any number of counterparts and by each Party on separate counterparts, each of which when so executed and delivered to the other shall be deemed an original and all of which taken together shall constitute one and the same instrument. A copy of this executed Agreement shall have the same force and effect as the original. A facsimile signature shall have the same force and effect as an original. [11] IN WITNESS HEREOF, the Parties have executed this Agreement on the dates indicated below. This Agreement shall become effective immediately following execution by each of the Parties. Dated: Dated: OCT 12 205- Dated: Dated: MELISSA CORTEZ, a minor, by and through her parent and legal guardian, ARTURO CORTEZ Defendant, EL SOL SCIENCE & ARTS ACADEMY OF SANTA ANA Its: CITY OF SANTA ANA By: DaVta CG.U0.2 ®S Its: C-L}"V OL V%Ck5er RAENETTE RODRIGUEZ [121 ATTEST. MARIA D. HUIZAR CLERK OF THE COUNCIL, APPROVED AS TO FORM: Dated: Law Offices of Gary A. Dordick By: Gary A. Dordick, Esq. Attorney for Claimant/Plaintiff, MELISSA CORTEZ, a minor, by and through her parent and legal guardian, ARTURO CORTEZ Dated: Law Offices of Fabian C. Serrato In Fabian C. Serrato, Esq. Attorney for Claimant/Plaintiff, MELISSA CORTEZ, a minor, by and through her parent and legal guardian, ARTURO CORTEZ Dated: SEPASSI & TARIGHATI, LLP Steven M. Sepassi, Esq. Mitchell M. Tarighati, Esq. Attorneys for El Sol Science & Arts Academy of Santa Ana Dated: 10/08/2015 Gutierrez, Fierro & Erickson, APC C Arturo Fierro, Es Attorneys for Ci y o Santa Ana Dated: Gates O'Doherty Gonter & Guy LLP K. Robert Gonter, Esq. Attorneys for Raenette Rodriguez [131 c O 4- _V m C LL O u cu ^ n�. V) L1. O O D n O N O M ® LD Ln O N O 0) O (n n 00 in LD o 06 rr Ld Ld vi rn ui N n � Y 0 m r v} w v> yr V� V> w mm NN 00 O M W O m ri o o Cd k6 L6 P4 c 0) to N O O N O iy W N N ..y' rl 0) O 7 W N frf' O lr 00 N N V KO C r N V} V} 4^ VI V4 u! V} Vp N M O ' M O O1 w d' NC 6 O N N tD d' In O m O m CN W O U1 V1 Q w W' to N M er ti N tv1 O a� Bf E w n b o X Cc M LU ' N u 7 O V} V4 VF VP VF i/! 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