PEREZ, OFRANCIA AN INDIVIDUAL ON HER OWN BEHALF & IN HER CAPACITY AS GUARDIAN AD LITEM OF J.I. MINOR

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A-2016 -172 1 SETTLEMENT AGREEMENT AND RELEASE 1. PARTIES: The parties to this Agreement of Settlement and Release ( "Agreement ") are OFRANCIA 4- PEREZ, AN INDIVIDUAL, ON HER OWN BEHALF AND IN HER CAPACITY AS GUARDIAN AD S LITEM OF J.L, A MINOR ("Plaintiff') on the one hand, and CITY OF SANTA ANA ( "Defendant ") on the other hand (collectively "the Parties"). There are no intended beneficiaries of this Agreement other I�t than as specifically stated herein. 0 2, RECITALS: This Agreement is made with reference to the following facts: 0Z 2.1. Defendant owns, operates, and/or leases the improved real property located at 1801 W. Segerstrorrr Avenue in Santa Ana. This property, which is the subject of the Disputes between the Parties referenced in Paragraphs 2.2 and 2.3 below, is hereinafter referred to as the "Facility." 2.2. Certain disputes and controversies (the "Disputes ") have arisen between the Parties hereto. 2.3, The Disputes include, but are not limited to, the claims, complaints, demands and causes of action set forth by Plaintiff in a civil action pending in the United States District Court, Central District Of California, entitled OFRANCIA PEREZ, AN INDIVIDTJAL, C)N'CIER OWN BEIIALF AND IN 1':IER _CAPACITY AS GUARDIAN AD LITEM OF J.I. A MINOR v_. CITY OF SANTA ANA, et al., Case No. SACV 15- 00034- CJC -RNBx (the "Lawsuit"). 2.4. Lr the Lawsuit, Plaintiff claims, inter alia, that the Facility does not comply with the Americans with Disabilities Act, 42 U.S.C. § 12101 et sec, Section 504 of the Rehabilitation Act of 1973, Cal. Civil Code § 54 et sue., and other statutes. Defendant has denied, and continues to deny, these claims. 2.5. It is the intention of the Parties to settle and dispose of, fully and completely, the Disputes and any and all claims, potential claims, complaints, demands, and causes of action reflected in the Lawsuit or relating to the Facility, or which may have arisen prior to the effective date of this Agreement from the same operative facts as those alleged in the Lawsuit. NOW, THERET1 ORE, the Parties agree as follows: 3. COMPLIANCE: Defendant has installed curb cuts at all intersections specified in the within complaint except for the intersection of W. San Lorenzo Ave. and S. Pacific Ave., and has resurfaced the un -paved Perez v. City Of Santa Ana, et al Page I of 5 2/2912016