HomeMy WebLinkAboutGREEN, WILLIAM - 2016A- 2016 -116
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SETTLEMENT AGREEMENT
This Settlement Agreement (hereinafter "Agreement ") is made and entered into by and between
WILLIAM W. GREEN (hereinafter referred to as "Defendant "), and the CITY OF SANTA ANA,
(hereinafter "Plaintiff').
WITNESSETH:
WHEREAS, Plaintiff tiled an action against Defendant in the Superior Court of the State of
California, County of Orange, Central Justice Center District known as CITY OF SANTA ANA V.
WILLIAM W. GREEN et al. Case No. 30- 2015 - 00783615- CU- EI -CXC (the "Action").
WHEREAS, Plaintiff and the Defendant desire to settle the claim for Loss of Business Goodwill
1z) for the property located at 1321 North Bristol Street, Santa Ana, CA 92706 A.P.N. 405- 272 -15.
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:
FIRST: The parties agree in the amount of FIFTEEN THOUSAND DOLLARS AND ZERO
CENTS ($15,000.00) in full and complete settlement of all claims made against the City of Santa Ana in
this litigation for Loss of Business Goodwill. The check is to be made out to "WILLIAM W. GREEN."
This amount is in full and complete settlement for Defendant's claim for Loss of Business Goodwill.
THIRD: Each person signing below represents that he /she has reviewed all aspects of this
Agreement, that the Agreement has been carefully read and fully explained to he /she and that he /she
understands all the provisions of this Agreement, that he /she understands that in agreeing to this
document he /she is releasing each party hereby from any and all claims he /she may have against each
party released, that he /she voluntarily agrees to all the terms set forth in this Agreement, that he /she
knowingly and willingly intends to be legally bound by the same, that he /she was given the opportunity
to consider the terms of this Agreement and discussed them with legal counsel.
FOURTH: The 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.
FIFTH: 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 them and to their heirs, administrators, representatives, executors,
predecessors, successors, and assigns.
SIXTH: Should any provision of this Agreement be declared or be determined by any court of
competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of
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the remaining parts, terms, or provisions shall not be affected thereby, and said illegal, unenforceable, or
invalid part, term, or provision shall be deemed not to be a part of this Agreement.
SEVENTH: This Agreement shall be interpreted in accordance with the plain meaning
of its terms and not strictly for or against any of the parties hereto.
Dated:
WILLIAM W. GREEN
Defendant
Dated: 5.4, 1 (0 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: S! 4 " 4
DAVID CAV , iTy anager
ATTEST: CITY OF SANTA ANA, a charter law city and municipal
corporation, duly organized and existing under the
t Constitution and laws of the State of California
Dated: ' � .J,Ci
By: l/POV'o', D , 1-4
MARIA D. HUIZAR, Clerk 99he Council
SONIA R. CARVALHO
CITY ATTORNEY
City of Santa Ana
Dated: February 3, 2016
eh"f ANDOVALssistant City Attorney
y for Plaintiff
CITY OF SANTA ANA
;0
UDFOR APPROVAL:
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acutive Director
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