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A. Terms of Settlement: The Parties hereby agrees as follows:
<br />1. Officer JORGE ARROYO shall be reinstated to his position as
<br />police officer with the Santa Ana Police Department, forthwith, with no loss of benefits
<br />or seniority other than listed below. ARROYO shall be paid for all back pay and
<br />benefits from the date of his termination to the date of his reinstatement, but without
<br />interest. The payment shall be a lump sum payment with no taxes taken out (City may
<br />1099 the amount). ARROYO shall accept as the discipline in this matter the Deputy
<br />Chief's and Police Commander's recommendation for a suspension and return patrol
<br />and that established by the recommendation in Chief Rajas' first Notice of Intent (to wit,
<br />a 240 hour suspension). He shall withdraw his Personnel Board appeal. The monetary
<br />value of the suspension shall be deducted from the back pay payment;
<br />2.. After ARROYO is reinstated, he agrees to meet with the Acting City
<br />Manager Mouet. Said meeting shall not involve the discussions of the merits of the
<br />disciplinary case;
<br />3. The City and the Santa Ana Police Officers Association shall come
<br />to a mutually agreeable statement/press release regarding the Police Department
<br />taking disciplinary action, ARROYO accepting responsibility for his actions, and all
<br />involved look forward to moving on and serving the community;
<br />4. ARROYO shall withdraw from and dismiss his claims with prejudice
<br />in the litigation entitled Santa Ana Police Officers Association, et al. v. City of Santa
<br />Ana, et al., Orange County Superior Court Case No. 30-2015-00801604-CU-OE-CJC
<br />and California Court of Appeal Case No. G053126, and ARROYO shall dismiss his
<br />appeal.
<br />C. RELEASE in exchange for the above agreement, except for any rights or
<br />obligations created by this Agreement, each Agreeing Party for itself, its shareholders,
<br />assigns, successors in interest, agents, employees, partners, attorneys, executors,
<br />insurers, lienholders, administrators, and representatives (collectively "Releasing
<br />Parties") hereby releases, holds harmless, acquits and forever discharges each other
<br />Agreeing Party, its insurer, its respective assigns, heirs, executors, administrators,
<br />successors, agents, owners, independent contractors, businesses, corporations,
<br />partnerships, consultants, employees, managers, attorneys, insurers, employees,
<br />maintenance personnel, principals, and affiliates ("Released Parties"), from any and all
<br />claims, demands and/or causes of action asserted or which could have been asserted
<br />in the above referenced action or in anyway arise out of the subject incident, including
<br />but not limited to, any and all claims arising out of or from demands, actions, liens,
<br />causes of action, injuries, damages, losses, expenses, costs, attorneys' fees, expert
<br />fees, and/or other claims whatsoever based in law, tort, or in equity, which Releasing
<br />Parties may have against the Released Parties, known or unknown, suspected or
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