HomeMy WebLinkAboutANCHOR STONE CHRISTIAN CHURCH INSllWCE NOT REQUIRED A_2025-113
WfORK MAY PROCEED
UTY CLERK
DATE JUL 15 2075
o:C,AC (�) SETTLEMENT AGREEMENT
Dtsv+a 4vintana(01) AND RELEASE OF CLAIMS
This Settlement Agreement and Release of Claims ("Agreement") is made and entered
into by and between ANCHOR. STONE CHRISTIAN CHURCH, a California non-profit
religious corporation ("Plaintiff'), and CITY OF SANTA ANA also served and sued as SANTA
ANA CITY COUNCIL (collectively, "City" or"Defendants").
ITNESSETH:
WHEREAS, Plaintiff filed an action against Defendants in the United States District
Court for the Central District of California, Southern Division known as ANCHOR STONE
CHRISTIAN Cl ILIRCH v. CITY OF SANTA ANA,et al., Case No. 8:25-cv-215 (the "Action").
WHEREAS, Plaintiff and Defendants (collectively, the "Parties"), desire to settle fully
and finally all differences between them related to the claims asserted by Plaintiff in the Action.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration. receipt and sufficiency 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 Defendants of any liability whatsoever, or as an admission by Defendants of any
violation of the rights of Plaintiff or any person, violation of any order,law,statute,duty,or contract
whatsoever against Plaintiff or any person. Defendants specifically disclaim any liability to
Plaintiff or any other person for any alleged violation of the rights of Plaintiff 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 Defendants. Likewise, this Agreement and compliance with this Agreement shall not be
construed as commentary by Plaintiff on the validity or strength of its claims, nor as an admission as
to liability, misconduct, or wrongdoing whatsoever.
2. The Parties hereby acknowledge that Defendants cam-lot proceed with processing
payment without a frilly executed copy of the Agreement from Plaintiff and agree to exchange a
frilly signed and executed copy or original of this Agreement.
3. The Plaintiff and Defendants hereby agree to settle the Action on the following
terms:
a. Plaintiff will resubmit its application to the City for a Conditional Use Permit
("CUP") for use of the property at 2938 Daimler Street in Santa Ana (the
"Property") for community assembly as a church (the "CUP Application") and
may simultaneously (or later) submit required plan checks and permit
applications for Plaintiff's planned renovations of the building on the Property.
Page I of 6 (Representative of Plaintiff, Initials)
b. Plaintiff will provide City Planning and Building Agency staff' with updated
public notification mailing labels as required by Section 2-153(c)(2) of the
Santa Ana Municipal Code in a timely manner.
c. Defendants shall expedite review of Plaintiff's CUP Application and prioritize
review of Plaintiffs plan checks and permit applications. Defendants agree to
provide, or to cause the appropriate member of the City Planning and Building
Agency staff to provide, a staff' reconit endation of approval of the CUP
Application to the Planning Commission and, if necessary upon any appeal, to
the; Santa Ana City Council for the CUP, City and. Plaintiff acknowledge that
they intend that Plaintiff's CUP Application be heard by the Planning
Commission as soon as possible after receipt by City Planning and Building
Agency staff of the neighbor mailing labels and that consideration of the CUP
will be agendized for the Planning Commission's agenda between fourteen(14)
days and thirty (30) clays after receipt by the City Planning and Building
Agency staff of the mailing labels described in Section 3(b),provided however,
that such timeliame may be reasonably delayed by circumstances outside of
City's control, inciuding a lack orquoruni. at a Planning Commission meeting,
d. Defendants agree to waive all fees associated with the Plaintiffs CUP
Application, plan check (whether expedited or standard), building permits,
inspections, and expedited processing associated with (i) the CUP Application.
and (ii) permits associated with renovations identifted in Plaintiff's
development review application as set forth in this Agreement,
e, if Plaintiffs CUP application is approved by the Planning Commission or City
Council, and once all appeal periods have expired, the Parties agree as follows:
i, The CUP will become effective and run with the land as set forth in
local and state law,
ii, The City will assign specific staff from each applicable permitting
department to assist Plaintiff with expediting the permitting and
approval process and will cause such assigned staff to use reasonable
efforts to assist Plaintiff with expediting the permitting process; and
iii. The City will assign a specific inspector from each inspecting
department to work expeditiously with Plaintiffto obtain any necessary
inspections in connection with or associated with Plaintiffs
development review application and will cause such assigned inspectors
to use; reasonable efforts to work expeditiously with Plaintiff to obtain
any necessary inspections and approvals.
iv. No later than thirty (30) days after approval of Plaintiffs CUP
Application, the City agrees to pay to Anchor Stone Christian Church
six hundred forty thousand dollars and zero cents ($640,000.00) by
Page 2 of 6la` (Representative of Plaintiff, Initials)
Automated Clearing; House ("ACII") transfer to the account in the
name of the Plaintiff designated by the Plaintiff in writing or by
mailing; a check nnade payable to Anchor Stone Christian Church to
Plaintiffs counsel at the address listed. below in Section 20. Plaintiff
agrees to Provide all paperwork reasonably necessary to process such
payment including but not limited to a W-9.
v. Following Plaintiffs receipt of a CUP for use of the Property for
community assembly as a church and within five (5) days of Plaintiff's
receipt of the funds as set forth. above in Section 3(e)(iv) the Parties
agree to gale a joint stipulation for dismissal with prejudice of the Action.
4. Plaintiff and Defendants agree that this Agreement, the consummation of the
actions set forth in Section 3, and all payments made pursuant thereto will constitute full and
complete settlement of all claims made against Defendants in this Action. Plaintiff agrees that,
except as contemplated by this Agreement, upon consummation of the actions set forth
in Section 3, including receipt of the payment set forth in Section 3(e)(iv), Plaintiff will
not seek any further compensation from the Defendants for ally other claimed damages, costs,
or attorney's fees in connection with the Action or the matters encompassed in this Agreement.
5. Plaintiff acknowledges and agrees that Defendants have made no representations
regarding the tax consequences of any amounts received pursuant to this Agreement. Plaintiff
agrees that they and they alone are liable for all taxes, if any, which are owed by them on ally
amount received hereunder including interest and penalties. Plaintiff agrees to hold Defendants
harmless fiom any and all claims made against the Defendants by federal, state, or local taxing
authorities with respect to amounts owing by Plaintiff as a result of any amount received by the
Plaintiff hereunder.
G. Separate and apart from tax liens, Plaintiff'agrees to hold the City harmless from
any and all lien holders of any kind, to whom Plaintiff or their attorneys are indebted. Plaintiff
further acknowledges that they and not the City are responsible for compromising any liens related
to, or arising, from, this action.
7. Plaintiff represents that, with the exception of the Action and any government tort
claim associated therewith and submitted to the City of Santa Ana,Plaintiff has not filed any
complaints, claims, or actions related to the Action against Defendants including any of their
officers, agents,directors, supervisors,employees, or rQpresentatives of Defendants with any state,
federal,or local agency or court and that Plaintiff will not do so at any time hereafter as it relates
to the Action except as necessary to enforce this Agreement, and that if any agency or court
assumes jurisdiction of any complaint, claim, or action against Defendants on Plaintiff's behalf
related to the Action, other than a complaint, claim, or action necessary to enforce this
Agreement, Plaintiff will direct that agency or court to withdraw and dismiss the matter with
prejudice.
8. The Parties hereby agree that all rights under Section 1542 of the Civil Code of the
State of California are hereby waived. Civil Cock Section 1542 provides as follows:
Page 3 of 6 (Representative of Plaintiff,Initials)
"A general release sloes not extend to claims which the creditor or releasing
Marty does not know or suspect to exist in his or her favor at the time of
executing the release and that, if known by him or her,would have materially
affected his or her settlement with the debtor or released party."
9. 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 bind or nature whatsoever,known or unknown,
suspected or unsitspectcd(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 three hereafter
may have or claim to have, incidental to the incident(s) which form the basis of the Action.
10.. Each Party signing below represents that it has reviewed all aspects of this
Agreement, that it understands that in agreeing to this document, such Party is releasing each
other Party hereto from all clainns set forth above in Section 9, that such Party voluntarily agrees
to all the terms set forth in this Agreement, that such Party knowingly and willingly intends
to be legally bound by the same, and that such Party was given the opportunity to consider
the terms of this Agreement and discussed them with its own legal counsel, Each person signing
below hereby warrants that they have the authority to enter into this Agreement and bind the
Party for whose benefit they execute this Agreement. Each Party acknowledges it is represented
by its own counsel in the Action and the terms of this Agreement have been relayed to it by a
means it understands.
11. I'he 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.
12, Each Party hereto represe-tits to the other Party and acknowledges that this
Agreement, once fully executed,, constitutes a valid, legal and binding agreement of such Party
enforceable against each Party in accordance with its terms.
13. The Plaintiff represents that it is duly organized, validly existing and in good
standing under the laws of the State of California.
14. 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 thern and to their heirs, administrators, representatives,
executors, predecessors, successors, and assigns.
15. 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
Pago 4 of 6 (Representative of Plaintiff, faitials)
hereto pertaining to the subject matter hereof.
16. This Agreernont shall be interpreted in accordance with the plain. meaning of its
terms and not strictly for or against any of theParties hereto.
17. This Agreement has been negotiated at arm's length and between persons
sophisticated and knowledgeable in the matters dealt with in this Agreement. In addition,
experienced and knowledgeable legal counsel has represented each Party. Accordingly, this
Agreement shall be interpreted to expressly and specifically waive the right to construe the benefit
of the Agreement against the drafter.
18. This Agreement shall be deemed to have been executed and delivered within the
State of California, and the rights and obligations of the Parties hereunder shall be construed and
enforced in accordance with,and governed by,the substantive law of the State of California without
regard to its choice-of-law provisions.
19. Any notice regarding this Agreement is to be provided in writing to the parties at
the addresses below:
City of Santa Ana Anchor Stone Christian Church
Attn: City Attorney c/o O'Melveny & Myers LLP
20 Civic Center Plaza,M-29 Timothy S. Durst, Esd,
P.O. Box 1988 2801 N. llarwood Street, Suite 1600
Santa Ana, CA 92702 Dallas,TX 75201
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Page 5 o r G 5�f(Representative of Plaintiff, initials)
1
Y
20. 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 [lie same force and effect as all original.
PARTIES:
Plaintiff rP
Dated: q l 0Z .
ANCI-lC)li` s ONE c .R1sTlAN CHURCH, INC.
By:
Name: I I kfe'.
Title:
Defendants
CITY OF SANTA ANA, a charter law city and municipal
corporation, duly organized and existing tinder the
Constitution and law% f the State o a t rnia
Dated: �'"� �"
By:
Alvaro Nunez., City Man =er
ATTEST: CITY OF SANTA ANA, a charter law city and municipal
corporation. duly organized and existing under the
Constitution and laNvs of the State of California
05 !
Dated: Bv,'
Jennifer all, ' y Clerk
APPROVED AS TO FORM:
O'MEI E., c MYERS LLP
Dated ,.
TIMOTHY S. D RST
Attorney for Plaintiff
SONIA R. CARVALHO
CITY ATTORNEY
Dated:
LAURA A. ROSSINI
Chiel'Assistant City Attorney
Attorneys tot•Defendants
Page 6 of f! �(<(Representative of Plaintiff. initials)