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A-2013-061 <br />M <br />N <br />N <br />9 <br /> <br />Vi <br /><11 <br />v <br />I <br />V <br />SETTLEMENT AGREEMENT AND RELEASE <br />1. PARTIES: The parties to this Agreement of Settlement and Release ("Agreement") are ROBERTA <br />ROGERS ("Plaintiff') on the one hand, and CITY OF SANTA ANA ("Defendant") on the other hand <br />(collectively "the Parties"). There are no intended beneficiaries of this Agreement other than as <br />specifically stated herein. <br />2. RECITALS: This Agreement is made with reference to the following facts: <br />2.1. Defendant owns, operates, and maintains Thorton Park located at 1801 W. Segerstrom Ave., Santa Ana, <br />California. This property, which is the subject of the Disputes between the Parties referenced in <br />Paragraphs 2.2 and 2.3 below, is hereinafter referred to as the "Facility." <br />2.2. Certain disputes and controversies (the "Disputes") have arisen between the Parties hereto. <br />2.3. The Disputes include, but are not limited to, the claims, complaints, demands and causes of action set <br />forth by Plaintiff in a civil action pending in the Orange County Superior Court entitled ROBERTA <br />ROGERS v. CITY OF SANTA ANA, et al., Case No. 30-2013-00623568 (the "Lawsuit"). <br />2.4. In the Lawsuit, Plaintiff claims, inter alia, that the Facility does not comply with the Americans with <br />Disabilities Act, 42 U.S.C. § 12101 et seg., the Unruh Act, Cal. Civil Code § 51 et sue., and other <br />statutes. Defendant has denied, and continues to deny, these claims. <br />2.5. It is the intention of the Parties to settle and dispose of, fully and completely, the Disputes and any and <br />all claims, potential claims, complaints, demands, and causes of action reflected in the Lawsuit or <br />relating to the Facility, or which may have arisen prior to the effective date of this Agreement from the <br />same operative facts as those alleged in the Lawsuit. <br />NOW, THEREFORE, the Parties agree as follows: <br />3. PAYMENT: After receipt of this Agreement executed by Plaintiff, and as a condition to Plaintiffs duty <br />to dismiss, Defendant shall pay the total sum of Twelve Thousand Five Hundred Dollars ($12,500) to <br />Plaintiff and his counsel in the form of a check made payable to "Center for Disability Access". There <br />Rogers v. City of Santa Ana, a al. <br />Page I of 6 <br />5/16/2013