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N-2024-169 0..[Aa(0)1� c K-. Ne��,ew^ SETTLEMENT AGREEMENT ca AND RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims ("Agreement") is made and entered into by and between MARK GELAZELA ("Plaintiff'), and CITY OF SANTA ANA (erroneously sued as SANTA ANA POLICE DEPARTMENT), KENNETH WILLARD, and VINCENT GALAZ (collectively, "Defendants"). WITNESSETH: WHEREAS, Plaintiff filed an action against Defendant in the United States District Court, Central District of California as MARK GELAZELA v. SANTA ANA POLICE DEPARTMENT, et al., Case No. 8:21-cv-01126-HDV-DFM (the "Action"). WHEREAS, Plaintiff and Defendants (collectively, the "Parties"), desire to settle fully and finally all differences between them, including, but in no way limited to, those differences described above. 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: 1. 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 an admission by Plaintiff of any liability, misconduct, or wrongdoing whatsoever. 2. Each party will exchange a fully signed executed copy or original of this Agreement. Defendants cannot proceed with processing payment without a fully executed copy of the Agreement from Plaintiff. 3. Following receipt of a fully executed copy or original of this Agreement, Defendants will make available to Plaintiff a check in the amount of Forty Thousand Dollars and no cents ($40,000) made payable to "MARK GELAZELA". Payment shall be directed to Mark Gelazela, 2507 Inglewood Avenue, Redondo Beach, CA 90278. 4. The foregoing amount to be paid by Defendants represent the Defendants' full and complete settlement of Plaintiff s claims for all damages alleged in the Action. Upon receipt of payment, Plaintiff will dismiss the action in its entirety, with prejudice. 5. Plaintiff and Defendants agree that this Agreement constitutes full and complete settlement of all claims made against Defendants in this Action. Plaintiff will not seek any further compensation for any other claimed damages, costs, or attorney's fees in connection with the matters encompassed in this Agreement. Page 1 of 5