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

Home Browse Search

pathways within Carl Thornton Park with decomposed granite. Defendant shall regularly inspect, maintain and repair the unpaved pathways within Thornton Park to ensure compliance with the 2010 ADA Standards for Accessible Design, Standard 403, incorporating Standard 302.1. Defendant further will investigate remediation of the paved pathways within Thornton Park, all in compliance with the Americans with Disabilities Act Accessibility Guidelines and Title 24 of the California Code of Regulations. 4. PAYMENT: Within ten (10) days after receipt of this Agreement executed by Plaintiff, and as a condition to Plaintiff's duty to dismiss, Defendant shall pay the total sum of Forty Five Thousand Dollars ($45,000) to Plaintiff and her counsel in the form of a check made payable to "Center for Disability Access ". There shall be no other payment by or to any Party. The details relating to the case name and case number shall be included along with the settlement payment and the payment shall be sent to P.O. Box 262490, San Diego, CA 92196 -2490. The Tax Identification Number for Center for Disability Access is 33- 0855260. 5. DISMISSAL: After receipt of payment set forth in Paragraph 4 of this Agreement, Plaintiff shall dismiss the Lawsuit with prejudice, each party bearing its own attorney's fees, experts' fees, and costs. Each Party irrevocably authorizes and directs its attorneys of record to execute and deliver to the Court the Dismissal with Prejudice so that the same may be filed with the Court in accordance with this Agreement. The Parties hereby expressly agree and stipulate that the Magistrate shall retain jurisdiction over this matter pursuant to provisions the Federal Rules of Civil Procedure. 6. RELEASES AND COVENANTS: In consideration of the mutual releases contained herein, and for other good and valuable consideration, the receipt of which is acknowledged by each Party, the Parties promise, agree, and release as follows: 6.1. Except as to such rights or claims as may be created by this Agreement, Plaintiff and Defendant hereby release, remise, and forever discharge each other Party hereto from any and all claims, potential claims, demands, and cause or causes of action reflected in the Lawsuit, and any other claims, demands, or Perez v. City Of Santa Ana, et al Page 2 of 2/19/2016