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Home My WebLink AboutSMITH, JACOB OCT 3 12024 A-2024-183 SETTLEMENT AGREEMENT ,. ppo(.0) AND RELEASE OF ALL CLAIMS tSwra► 11%)►11ia,"4).wd This Settlement Agreement and Release of All Claims("Agreement") is made and entered into by and between JACOB SMITH("Claimant") and CITY OF SANTA ANA, ("City"). WITNESS ETH: WHEREAS, Claimant JACOB SMITH filed a government tort Claim Against the City of Santa Ana,Claim No.2024-134(the"Jacob Smith Claim"). WHEREAS, Claimant and City (collectively, the "Parties"), desire to settle fully and finally all differences between them, including, but in no way limited to, those differences described in the Jacob Smith Claim. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration,receipt of which is hereby acknowledged,and to avoid unnecessary litigation, it is hereby agreed by and between the Parties as follows: I. This Agreement and compliance with this Agreement shall not be construed as an admission by City of any liability whatsoever, or as an admission by City of any violation of the rights of Claimant or any person,violation of any order,law,statute,duty,or contract whatsoever against Claimant or any person. City specifically disclaims any liability to Claimant or any other person for any alleged violation of the rights of Claimant or any person,or for any alleged violation of any order, law, statute, duty, or contract on the part of any employees or agents of City. Likewise, this Agreement and compliance with this Agreement shall not be construed as an admission by City of any liability,misconduct, or wrongdoing whatsoever. Each party will exchange a fully signed executed copy or original of this Agreement. City cannot proceed with processing payment without a fully executed copy of the Agreement from Claimant. Following receipt of a fully signed executed copy or original of this Agreement and receipt of an executed W- 9 form, City will make available a check in the amount of One Hundred Ninety-Two Thousand and Five Hundred Dollars($192,500)made payable to"Jacob Smith and MANLY STEWART& FINALDI".Claimant acknowledges and agrees that settlement payment shall be made payable no later than twenty(20)days after Claimant delivers his executed Agreement to the City.Claimant agrees that this Agreement constitutes full and complete settlement of the Jacob Smith Claim against the City and Santa Ana Police Officers. Claimant will not seek any further compensation for any other claimed damages, costs, or attomey's fees in connection with the matters encompassed in this Agreement. Claimant specifically and expressly acknowledges that this settlement will forever waive the Claimant's ability to file a lawsuit regarding the allegations raised in, or related to, the Jacob Smith Claim. ITS. (Claimant's Initials) 2. Claimant acknowledges and agrees that City has made no representations regarding the tax consequences of any amounts received pursuant to this Agreement. Claimant agrees that he and he alone is liable for all taxes, if any, which are owed by Claimant on any amount received hereunder including interest and penalties. Claimant will hold City harmless from any and all claims made by federal, state,or local taxing authorities or lien holders against Claimant on amounts owed by them. Page I of 4 3. Claimant represents that,with the exception of the Claim and/or a Citizen's Complaint submitted to City, he has not filed any complaints, claims, or actions against City, including any police officers, officers, agents, directors, supervisors, employees, or representatives of City with any state, federal, or local agency or court and that he will not do so at any time hereafter as it relates to the Claim and that if any agency or court assumes jurisdiction of any complaint, claim, or action against City on Claimant's behalf, Claimant will direct that agency or court to withdraw and dismiss the matter with prejudice. 4. 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 states: "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." 5. Notwithstanding the provisions of Civil Code Section 1542, each party hereby irrevocably and unconditionally releases and forever discharges each other party and each and all of its officers, agents, directors, supervisors, employees, 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 any kind 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 form the basis of the Claim. 6. 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 hereto from any and all claims they may have 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 2 of 4 7. Claimant hereto represents and acknowledges that in executing this Agreement he does not rely and has not relied upon any representation or statement made by any of the other Parties or by any of the other 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. 8. The Parties shall bear their own costs and attorney's fees in relation to the Claim. Neither party shall be liable to the other for any costs or attorney's fees incurred in connection with the Claim. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. [Signatures on following page] Page 3 of 4 Claimant JACOB SMITH Dated: l 0. 23 2024_ — • . — JACOB .MI 011. Claim.. t C.� Dated: 10 gt a'2 y CITY OF SANTA ANA, a charter law city and municipal corporation, duly organized and existing under the Constitution an ws of the State of California By: ALVARO NUgEZ 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 Califo a fir• Dated: +6131 74 By: Vra:11...) ER ALL «a Cit lerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Dated: October 23,2024 By: l/( AMARA BOGOSIAN Senior Assistant City Attorney Dated: October 23,2024 MANLY STEWART &FINALDI By: L E. LF Attorney fo laimant Page 4 of 4