SANTA ANA POLICE OFFICERS ASSOCIATION (COUNCIL)

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M INSURANCE NOT REQUIRED N-2023-238 0o WORK MAY PROCEED CITY CLERK e l DATE: '1 RELEASE OF CLAIMS 0..TAn Co ) UL 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 December 22, 2022, Petitioner filed a Petition for Writ of Mandate against City, Council of the City of Santa Ana, and Norma Orozco, in her official capacity, entitled Santa Ana Police Officers Association v. City of Santa Ana, et al., Orange County Superior Court Case No. 30-2022-01298807-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. Page 1 of 3