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Home My WebLink AboutELOUISE AUGUSTUS, ET AL. V. CITY OF SANTA ANAWO11K MAY PROCEED L I K Ui COUNCIL nrTr, 2 1 2019 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS F-UgSTUIRRM S NLe. S chv aft^"° vt his Settlement Agreement and Release of All Claims (hereinafter "Agreement") is made and entered into by and between Plaintiffs (as defined below) and CITY OF SANTA ANA (hereafter "Defendant"). WITNESSETH: VVMREAS, Plaintiffs filed an action against Defendant in the Superior Court ofthe State of California, County of Orange., Central Justice Center District known as TAYLOR PRAM, et al.et al. v. CITY OF SANTA ANA Case No. 30-2018-00974931 (the "Action"). The Agreement encompasses settlement of the Action and claims submitted on March 30, 2017, Clam No. 2017- 064. Specifically, two claimants, Consuelo Gutierrez and :Roland Sinclair, were not named plaintiffs in the above Action, but their claims are being settled as part of this settlement. For purposes of this Agreement and the settlement, these two claimants will be included and referred to as"Pllaintiffs"inaddition�te, the named. Plaintiffs, inthhe`Acdon. TltisActiarrisintendedto•settle allegations concerning City -owned trees located next to and near a walkway known as the Sandpointe Paseo. WHEREAS, Plaintiffs, and Defendant (collectively hereafter "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 aclatowledged, and to avoid unnecessary litigation, it is hereby agreed by and between the parties as follows; FIRST: This Agreement and compliance with this Agreement shall not he construed as an admission by the Defendant and of any liability whatsoever, or as an admission by the Defendant of any violationof thexight& of Plaintiffs or any person, violatim a any. order, law, statute, duty, or contract whatsoever against Plaintiffs or any person. Defendant specifically disclaims any liability to Plaintiffs or any other person for any alleged violation of the rights of Plaintiffs or any person, or for any alleged violation of any order, law, statute, duty, or contract on the part of any employees, agents of Defendant. Likewise, this Agreement and compliance with. this Agreement shall not be construed as an admission by Plaintiffs of any liability, misconduct, or wrongdoing whatsoever. SECOND- (a) Each party will exchange a fully signed executed copy or original of this Agreement (in accordance with Paragraph "Thirteenth" below"). Defendant cannot proceed with processing payment without a fully executed copy of the Agreement from Plaintiffs. Page 1 of 7 (b) The City agrees to pay the sum of Nine Hundred Twelve Thousand Five Hundred Dollars ($912,500.00) in full and complete settlement of all claims made against the Defendant in this Action in exchange for, an executed copy of the Request for Dismissal with prejudice of the foregoing Action. (c) A check payable to "GEURTS LAW FIRM TRUST ACCOUNT" in the amount o£Nine Hundred Twelve Thousand Five Hundred Dollars ($912,500.00). Said check will be made available within two weeks or less of the date that the City receives a fully executed copy of this Agreement. This check shall be mailed via Federal Express to Geurts Law Firm, 18100 Von Turman Ave., Suite 950, Irvine, CA 926 I (d) Parties agree that this Agreement and the payment specified in subsection (c) above, constitutes full and complete settlement and compromise of all claims made against the Defendant in the Action. Plaintiffs specifically agree that by accepting the foregoing payment and executing this Agreement, Plaintiffs are waiving costs, attorneys' fees in connection with this action and any and all actual or potential rights to any other claimed damages including future damages alleged to have been caused by City -owned trees located in and around the Sandpointe Paseo. Any damages attributable to the removal of the Sandpointe trees is not subject to this Agreement. (f) Plaintiffs acknowledge and agree that Defendant has made no representations regarding the tax consequences of any amounts received pursuant to this Agreement. Plaintiffs agree that they and they alone are liable for all taxes, if any, which are owed by them on any amount received hereunder including interest and penalties. Plaintiffs will hold Defendant harmless from any and all claims made by federal, state, or local taxing authorities or lien holders against Plaintiffs on amounts owed by them. (g) Defendant agrees that it will remove the City -owned trees located in and around the Sandpointe Paseo within a reasonable amount of time. (h) Defendant will assist Plaintiffs by providing assistance with obtaining construction related permits, but the City will not waive permit fees. THIRD: Plaintiffs represent that, with the exception of the Action, and the government tort claim submitted on March 30, 2017 to the City of Santa Ana, they have not filed any complaints, claims, or actions against Defendant including any of its officers, agents, directors, supervisors, employees, or representatives of Defendant with any state, federal, or local agency or court and that they will not do se at any time hereafter as, it relates to this Action and that if any agency or court assumes jurisdiction of any complaint, claim, or action against Defendant on Plaintiffs' behalf, Plaintiffs will direct that agency or courtto withdraw and dismiss with prejudice the matter. Page 2 of 7 FOURTH: The parties hereto hereby agree that all rights under Section 1542 of the Civil Code of the State of California are hereby waived. Civil Code Section 1542 provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his, or her settlement with the debtor." FIFTH: Notwithstanding the provisions of Civil Code section 1542, each party hereto hereby irrevocably and unconditionally releases and forever discharges each other party and each and all of its officers, agents, directors, supervisors, employees, agents, representatives, and its successors and assigns and all persons acting by, through, under, or in concert with each other party from any and all charges, complaints, claims, and liabilities of anykind or nature whatsoever, known or unknown, suspected or unsuspected (hereinafter referred to as "claim" or 'claims") which each releasing party at any time heretofore had or claimed to have or which each releasing party at any time hereafter may have or claim to have, incidental to the incident(s) which forms the basis of the Action. This release includes without question any and all potential future damages that may Plaintiffs may believe is caused by City -owned tree(s) along the Sandpointe Paseo. This Agreement does not address and is not intended to resolve any damages that may occur during the removal of trees along the Sandpointe Paseo. SIXTH: Plaintiffs agree that except as required by law, statute or rule of court, Plaintiffs will not disclose the terms of this Agreement, including but not limited to its monetary terms, to or with any persons or parties other than a spouse or domestic partner, attorney, or tax consultant or unless otherwise required bylaw. Plaintiffs and Plaintiffs' counsel flirther agree not to Instigate, participate in, engage in disclosing or publicizing to or respond to any media inquiries regarding this case (including newspaper, periodical, television, radio, social media or Internet). The Parties acknowledge that the terms of the settlement and the Agreement are subject to disclosure pursuant to the California Public Records Act. In the event that a Public Records Act request is made for the documents related to this Agreement, the City shall respond only as is necessary to comply with the required disclosure and will use reasonable efforts to notify Plaintiffs' attorney within 10 calendar days of therequest, Thereafter, the City shall respond to any media or other public inquiry regarding the settlement with "no comment." SEVENTH: Each person signing below represents that he/she has reviewed all aspects of this Agreement, that the Agreement has been carefully read and fully explained to them and that they understand every provision of this Agreement, that they understand that in agreeing to this document they are releasing each party hereby from any and all claims they mayhave against each party released, that they voluntarily agree to all the terms set forth in. this Agreement, that they knowingly and willingly intend to be legally bound by the same, that they were given the opportunity to consider the terms of this Agreement and discussed them with legal counsel. Each party hereby warrants that they have the authority to enter into this Agreement and bind the party for whose benefit they execute this Agreement. Page 3 of 7 EIGHTH: The Parties hereto represent and acknowledge that in executing this Agreement they do not rely and have not relied upon any representation or statement made by any of the parties or by any of the parties' agents, attorneys, or representatives with regard to the subject matter, basis, or effect of this Agreement or otherwise, other than those specifically stated in this Agreement. IS NTH: This Agreement shall be binding upon the parties hereto and upon their heirs, administrators, representatives, executors, predecessors, successors, and assigns, and shall inure to the benefit of said parties and each of them and to their heirs, administrators, representatives, executors, predecessors, successors, and assigns. TENTH: Should any provision of this Agreement be declared or be determined by any court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining parts, terms, or provisions shall not be affected thereby, and said. illegal, unenforceable, or invalid part, term, or provision shall be deemed not to be a part of this Agreement. ELEVENTH: This Agreement sets forth the entire agreement between the parties hereto and fully supersedes any and all prior agreements or understandings, written or oral, between the parties hereto pertaining to the subject matter hereof. TWELFTH. This Agreement shall be interpreted in accordance with the plain meaning of its terms and not strictly for or against any of the parties hereto. THIRTEENTH: This Agreement may be executed in counterparts, secured via e-mail, facsimile transmission or otherwise, each of which shall be deemed to be an original. Photocopies of any executed counterpart shall have the sarne force and effect as an original. PLAINTIFFS: Dec 20, 2018 Dated: alouiwG � QB - ELOUISE G. AUGUSTUS SIGNED IN COUNTERPART Dated: LORENA CAMACT40 SIGNED IN COUNTERPART Dated: ARMAND M. CASTELLANOS Dated: SIGNED IN COUNTERPART NANCY S. CHOU Page 4 of 7 Ems: The Parties hereto represent and acknowledge that its executing this rlgtwinout they do not rely and ha'l'e not relied upon any representation or statement made by any of the parties or by any of die parties'.arnts, attorneys, or mpresenfatives with regard to the subject matter, basis, or effect of this ASreement or otherwise, other than those specifically skirted in this Agreement. �i_ INJFI: This Agreement shall he 'binding upon the parties hereto and upon Their heirs, administrators, representatives, executors, predecessors, successors, and assigns, and shall inure to the btnef t of Wd parties and each of them and to their heirs, administrators, representatives, executors predecessors; successors, and assigns. TLNTU: Should arty provision of this Agreement be declared or be determines) by Any court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining parts, terns, or provisions shall not Tse affected khere6y, and said illegal, unenforceable, or invalid part, term, or provision shall be deemed not to be a part of this Agreement. MEMEWH-1 This AgPteatent sets fortis the entire agreement between the parties hereto and Rally supersedes any and all prior agreamenta or understandings, v.°ritten or oral; between the Parties hemo pertaining to the subject matter hereof, M&j ; F . This Agreement shalt lee ilaterpreted in accordance with the plain meaning of its terms and riot strictly for or against any of the parties hereto, T�;fiZTEF TH; T his Agreement may be exeotstett in caunterparrs, secured via e-mail, facsimile tt"amission or athertvise, oath of which shall be deemed to be an original. Phtstosupies of any executed Counterpart shall have the same force and effect as an or!ginal, PLAINTIFFS. Fated: SIGNED IN COUNTERPART ELf3 ISl (i, Ai1GliSTUS Fated: `� � � si t� kMEN—A CA O Elated: SIGNED IN COUNTERPART ARMAND M. CASTELLANOS Dated: SIGNED IN COUNTERPART NANCY S. CHOU Page 4 or7 EIG WfH: The Parties hereto represent and acknowledge that in executing this Agreement they do not rely and have not relied upon any representation or statement made by any of the parties or by any of the parties' agents, attorneys, or representatives with regard to the subject matter, basis, or effect of this Agreement or otherwise, other than those specifically stated in this Agreement. NINTH: This Agreement shall be binding upon the parties hereto and upon their heirs, administrators, representatives, executors, predecessors, successors, and assigns, and shall inure to the benefit of said parties and each of them and to their heirs, administrators, representatives, executors, predecessors, successors, and assigns. TENTH: Should any provision of this Agreement be declared or be determined by any court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining parts, terms, or provisions shall not be affected thereby, and said illegal, unenforceable, or invalid part, tern, or provision shall be deemed not to be a part of this Agreement. ELEVENTH: This Agreement sets forth the entire agreement between the parties hereto and fully supersedes any and all prior agreements or understandings, written or oral, between the parties hereto pertaining to the subject matter hereof. TWELFTH: This Agreement shall be interpreted in accordance with the plain meaning of its terms and not strictly for or against any of the parties hereto. THIRTEENTH: This Agreement may be executed in counterparts, secured via e-mail, facsimile transmission or otherwise, each of which shall be deemed to be an original. Photocopies of any executed counterpart shall have the same force and effect as an original. PLAINTIFFS: Page 4 of 7 IN COUNTERPART Dated:SIGNED ELOUISE G. AUGUSTUS Dated: SIGNED IN COUNTERPART LORENA C Clio. Dated. 21 . (,, AND W.CASTELLANOS Dated'S6M€BIN rni iNTFRPART NANCY S. CzdOU Page 4 of 7 EIGHT : The Parties hereto represent and acknowledge that in executing this Agreement they do not rely and have not relied upon any representation or statement made by any of the parties or by any of the parties' agents, attorneys, or representatives with regard to the subject matter, basis, or effect of this Agreement or otherwise, other than those specifically stated in this Agreement. NINTH: This Agreement shall be binding upon the parties hereto and upon their heirs, administrators, representatives, executors, predecessors, successors, and assigns, and shall inure to the benefit of said parties and each of them and to their heirs, administrators, representatives, executors, predecessors, successors, and assigns. TENTH: Should any provision of this Agreement be declared or be determined by any court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining parts, terms, or provisions shall not be affected thereby, and said illegal, unenforoeable, or invalid part, term, or provision shall be deemed not to be a part of this Agreement. ELEVENTH: This Agreement sets forth the entire agreement between the parties hereto and fully supersedes any and all prior agreements or understandings, written or oral, between the parties hereto pertaining to the subject matter hereof. T'WEL'F"T"H: This Agreement shall be interpreted in accordance with the plain meaning of its terms and not strictly for or against any of the patties hereto. TWRTEENTH: This Agreement may be executed in counterparts, secured via e-mail, facsimile transmission or otherwise, each of which shall be deemed to be an original. Photocopies of any executed counterpart shall have the same force and effect as an original. PLAINTIFFS: Dated: SIGNED IN COUNTERPART ELOUISE G. AUGUSTUS y Dated: SIGNED IN COUNTERPART LOHNA CAMACHO Dated: SIGNED IN COUNTERPART ARMAND M. CASTI3LLANOS Dated: 2'4 N CY .CHOU Page 4 of'7 �,y, Dafea:f � � Dated: Dated: Dated: Dated-, Dated: Dated: 1• •� 1 N ARTLSHTA E'DOTTJ X. as Trustee of the Dottie Family Trust u/d/t July 2, 2002 GNED IN COUNTERPAR7�, 11 CONSUBLO ZUTMI Z SIGNED IN COUNTERP RT A)HN C. HAITI, SIGNED IN COUNTERPART SANDRA S. AMEN HALL SIGNED IN COUNTERPA T DAVE) R, HEAD .. SIGNED IN COUNTERPART R0E4EN M. HEAD SIGNED IN COUNTERP RT DFLOTS B. LANDRUK as Trustee ofthe Family Trust of Delois E. Lan Jrm u/d/t April 26, 2016 I DOWA LBF, as Tru Itee of the Lee Family Trust SIGNED IN COUNTERPART JOSE LUGO SIGNED IN COUNTERPART QUY N. NOUYEN SIGNED IN COUNI ERPART SAO NGOC l?HAh2 age 5 of 7 1 Dated: Dated: Dated: Dated: Dated: Dated: Dated: Dated: Dated: Dated: SIGNED IN COUNTEFjPART ARTISMAE.DOTTIN.agTrustee o£the Dottiu Family Trust Wdlt Jul 12; 2002 CONSUELO G IEZ SIGNED IN COUNTERPA T JOHN C. HALL � SIGNED IN COUNTERPART SANDRA S. ALDEN EIALL SIGNED IN COUNTER ART DAVID R. HEAD SIGNED IN COUNTERPART' II ROBEN M. HEAD SIGNED IN COUNTERPA T DELOIS E. LANDR Trustee of the Family Trust ofDelois E. Lan) u/d/tApril 26, 2016 SIGNED IN COUNTERPART DONNA LEE, as Trustee of the Lee Family Trust SIGNED IN COUNTERPA kT JOSE LUGO SIGNED IN COUNTERI ART QUYN. NCsLTnN SIGNED IN COUNTERPART BAO NGOC THAM age 5 of 7 1 Died: Datwd: / 0r d Date: DaWt..-_-- LDat:.. Fc - T000 SIGNED IN CO F in ly 7hmt u.IdYt July 20 2002 SIGNED IN COUNTERPART SIGNED IN COUNTERPART SIGNED IN COUNTERPART SIGNED IN COUNTERPART DELOYS B. LANDirPTJM� a ` iisteo Wf tto ftmgy Tmat of Dclois 15. p SIGNED IN COUNTERPART DONNA LM, as Thistae of the Lee FahlUy `Amst SIGNED IN COUNTERPART JOSE LU430 SIGNED IN COUNTERPART quil N. mrjw SIGNED IN COUNTERPART #' ii l ;-- '�1 xva BO:CT 8To9/TT/?T SIGNED IN COUNTERPART Dated: ARTISHIA E. DOTTIN. as Trustee of the Dottin Family Trust u/d/t July 2, 2002 Dated: SIGNED IN COUNTERPART CONSUELO GUTIERREZ Dated: SIGNED IN COUNTERPART JOHN C. HALL Dated: SIGNED IN COUNTERPART SANDS. ALDEN HALL Dated: 12/1212018 DAVID R. HEAD Dated: 12/12/2018 R --LU s OBE M. AD Dated: Dated: Dated: Dated: Dated: SIGNED IN COUNTERPART DELOIS E. LANDRUM, as Trustee of the Family Trust ofDelols E. Landrum u/d/t April 26, 2016 SIGNED IN COUNTERPART DONNA LEE, as Trustee of the Lee Family SIGNED IN COUNTERPART JOSE LUGO SIGNED IN COUNTERPART QUY N. NGUYEN SIGNED IN COUNTERPART hAU 1NUUl; rMAM Page 5 o£7 Dated: Dated; Dated: Dated: Dated: Dated: Dated: Dated: Dated: Dated: Dated: SIGNED IN COUNTERPART ARTISHIA E. DOTTIN. as Trustee of the Dottin Family Tiust a/d/t July 2, 2002 SIGNED IN COUNTERPART CONSUELO GUT IERREZ SIGNED IN COUNTERPART JOHN C. HALL SIGNED IN COUNTERPART SANDRA S. ALDEN HALL SIGNED IN COUNTERPART DAVID R. BEAD SIGNED IN COUNTERPART ROBEN M, HEAD / DELOIS E. LANDRUM, as Trustee of the Family Trust of Delois E. Landrum a/d/t April 26; 20.16 SIGNED IN COUNTERPART DONNA LEE, as Trustee of the Lee Family Trust SIGNED IN COUNTERPART JOSE LUGO SIGNED IN COUNTERPART QU NN. NGUYEN SIGNED IN COUNTERPART BAO NGOC PIIAM Page 5 of 7 Pape S of 7 9 SIGNED IN COUNTERPART Dalud; ARTiSHIA F. DOTTIN. as Trustccofthc DoL6n pa ill rmst Iddh July 2. 20M JJai(:d. SIGNED IN COUNTERPART CONSUELO {IU17;;lmz Dated: SIGNED IN COUNTERPART Dan d W. SIGNED IN COUNTERPART _. SANDRA S. AYbrW RALL SIGNED IN COUNTERPART Dazed. SIGNED IN COUNTERPART Nmd; ROBEN M BEAD SIGNED IN COUNTERPART D,redi DELOIS E. LANDRUM, as Trastet of th, Fmily Tnuc of Dcleis F.-Tandmm. iiWi April 26, 2616 iTutcd: SIGNED IN COUNTERPART I)ONNA L.EF, zc; Tntvk : ofnco 1. cc F=ily Teas JOSE L Datcd: SIGNED IN COUNTERPART QUY N, NGUYEN Date& SIGNED IN COUNTERPART .. . RAONTMC PRAM Pape S of 7 9 Dated: Dated: Dated: Dated: Dated: Dated: SIGNED IN COUNTERPART ARTISBIA E. DOTTIN. as Trustee of the Dottin Family Trust uld/t July 2, 2002 SIGNED IN COUNTERPART CONSUELO GUTIERREZ SIGNED IN COUNTERPART JOHN C. HALL SIGNED IN COUNTERPART SANDRA S. ALDEN HALL SIGNED IN COUNTERPART DAVID R. HEAD SIGNED IN COUNTERPART ROBEN M. HEAD Page 5 of 7 SIGNED IN COUNTERPART Dated: DELOIS E. LANDRUM, as Trustee of the Family Trust ofDelois E. Landrum u(d(t April 26, 2016 SIGNED IN COUNTERPART Dated: DONNA LEE, as Trustee of the Lee Family Trust SIGNED IN COUNTERPART Dated: JOSE LUGO ay" Dated: 12/12/2018. QUY N. NGUYEN SIGNED IN COUNTERPART Dated: BAO NGOC PHAM Page 5 of 7 Dated: 12/18/2018 9" p BAONGOCPHAM Page 5 o£7 SIGNED IN COUNTERPART Dated: ARTISHIA E. DOTTIN, as Trustee of the Dottie Family Trust II/cUt J`uIv T 1002 SIGNED IN COUNTERPART Dated: CONSUELO GUTIERREZ SIGNED IN COUNTERPART Dated: JOAN C. HALL SIGNED IN COUNTERPART Dated: SANDRA S. ALDEN HALL SIGNED IN COUNTERPART Dated: DAVID R. HEAD SIGNED IN COUNTERPART Dated: _ ROBEN M. HEAD SIGNED IN COUNTERPART Dated: DELOIS E. LANDRUM, as Trustee of the Family Trust 6Md1ois E. Landrum u/dA Alml 16, 2016 SIGNED IN COUNTERPART Dated: DONNA LEE, as Trustee of the Lee Family Trust SIGNED IN COUNTERPART Dated: JOSE LUGO SIGNED IN COUNTERPART Dated: QUY N. NGUYEN Dated: 12/18/2018 9" p BAONGOCPHAM Page 5 o£7 Dated: TAYLOR D. PH Dated: AR If i Iao 18 TINA HUNG LA SIGNED IN COUNTERPART Dated: RONALD SINCLAIR SIGNED IN COUNTERPART Dated: TU T%IIDA VU SIGNED IN COUNTERPART Dated: MARY RUTH WILSON, as Trustee of the Mary R. Wilson Revocable Trust u/d/t October 28, 201 S DEFENDANT: Dated: CITY OF SANTA ANA, a charter law city and municipal corporation, duly organized and existing under the Constitution and laws of the State of California SIGNED IN COUNTERPART By: Raul Godinez, H City Manager ATTEST: CITY OF SANTA ANA, a charter law city and municipal corporation, duly organized and existing under the Constitution and laws of the State of California SIGNED IN COUNTERPART Dated: By: Maria D. Huizar, Clerk of the Council Page 6 of 7 Dated: SIGNED IN COUNTERPART TAYLOR D. PHAM SIGNED IN COUNTERPART Dated: TINA HUNG LA Dec 20 2018 2�''D��Skr- 1 Dated: RDnatd Slndair (Dec 2%2018) RONALD SINCLAIR SIGNED IN COUNTERPART Dated: TU THIDA VU SIGNED IN COUNTERPART Dated: MARY RUTH WILSON, as Trustee of the Mary R. Wilson Revocable Trust u/d/t October 28, 2015 DEFENDANT: Dated: �2'�'�� CITY OF SANTA ANA, a charter law city and municipal corporation, duly organized and existing under the Constitution and laws of the State of California r By: Raul Godinez, II CifManager ATTEST: CITY OF SANTA ANA, a charter law city and municipal corporation, duly organized and existing under the Constitution and laws f the State oLith Dated: 12 W 9 14 BI Maria D. Iiuizar,e Page 6 of 7 SIGNED IN COUNTERPART Dated: TAYLOR D. ?HAM SIGNED IN COUNTERPART Dated: TINA HUNG LA SIGNED IN COUNTERPART Dated: RONALD. SINCLAIR Dated: t` 5 / L•TU THIDA VU SIGNED IN COUNTERPART Dated: - - MARY RUTH WILSON, as Trustee of the Mary R, Wilson Revocable Trust u/d/t October 28, 2015 DEFENDANT: Dated: CITY OF SANTA ANA, a charter law city and municipal corporation, duly organized and existing underthe Constitution and laws of the State of California SIGNED IN COUNTERPART By: _ Raul Crodinaz, lI City Manager ATTEST- CITY OF SANTA ANA, a charter law city and municipal corporation, duly organized and existing under the Constitution and laws of the State of California SIGNED IN COUNTERPART Dated: By: ,Maria D. Huizar, Clerk oftlle Council Page 6 of 7 Dated: Dated: Dated: Dated: Dated:! DEFENDANT: Dated: ATTEST: Dated: SIGNED IN COUNTERPART TAYLOR D, PHAM SIGNED IN COUNTERPART T1NA ffKO—L—A--7— SIGNED OL,ASIGNED IN COUNTERPART RONALD SINCLAIRI SIGNED IN COUNTERPART TU FTHIDA , as Trustee of the Mix u/d/t Ootober 28, 201 S CITY OF SANTA ANA., a charter law city and municipal corporatiot,duly org f ed and Mistwguaderthe Constitution and laws ofthe State of • alifornia SIGNED IN COUNTERPART Jay: Raul Qodinez.11 Ckv Manaeer CITY OF SANTA ANDS, a charter law city and municipal corporation, dulyorgatdAed and existing underthe Constitution and laws of the State of Valifoxnit SIGNED IN COUNTERPART By; Paget APPROVED AS TO FORM: 19ia1U711f.`l7liM 114T Dated: 12/20/2018 om, P LIP GMURTS, Attorney for Plaintiffs Dated; CARVALHO CITY PRA -M. SCHWARZMANN )r Assistant City Attorney rneys for Defendant of Santa Ana Page 7 of 7