SETTLEMENT AGREEMENT AND RELEASE

This Settlement Agreement and Release (Agreement) is entered into between the City
of Salinas (City) and Californians Aware with respect to the following facts.
WHEREAS, Californians Aware made a request for public records pursuant to the
California Public Records Act (California Government Code section 6250, et seq.); and
WHEREAS, the City declined to produce public records in response to the request based
on the exemption for preliminary draft documents set forth in California Government Code
section 6254, subdivision (a); and
WHEREAS, Californians Aware filed a Petition for Writ of Mandate (Petition) in
Monterey County Superior Court requesting that the court find that the records requested by
Californians Aware and declined by the City are disclosable public records; and
WHEREAS, the City and Californians Aware have come to an agreement that the
requested records (the agenda projection sheets) are disclosable public records and has
disclosed 143 pages of responsive records to Californians Aware on August 14, 2014; and
WHEREAS, the City agrees to retain the agenda projection sheets pursuant to all
applicable records retention requirements and disclose the agenda projection sheets in response
to any California Public Records Request in the future.
WHEREAS, the City and Californians Aware now desire to compromise and settle the
aforementioned matter and all claims, demands, complaints, actions, charges, litigation, and
causes of action, whether now known or unknown that arise from the facts alleged in the
Petition against the City or any of its members of the City Council, officers, agents, deputies,
representatives, servants, employees, successors, assigns, predecessors, divisions, branches, or
attorneys (collectively The Releasees). Except as set forth in the previous paragraph, the
parties hereto acknowledge and agree that neither this Agreement nor the act of entering into it
constitute an admission, stipulation or concession of liability, express or implied, on the part of
any party concerning any fact or matter in any way connected with the subject matter of this

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Agreement. Californians Aware acknowledges the City is providing it with the consideration
mentioned herein solely for economic considerations in order to resolve all matters related to
the aforementioned matter which is based on events occurring before the effective date of this
Agreement by avoiding the costs of litigation and trial.
NOW, THEREFORE, in consideration of the mutual covenants set forth below, the
parties agree as follows:
1.

All of the recitals listed above are material provisions of this Agreement.

2.

Californians Aware releases the City and all of the Releasees from any and all

complaints, actions, charges, litigation, and causes of action, requests for information or
grievances that are based on facts that occurred up to the date the parties execute this
Agreement. Californians Aware agrees to withdraw or to dismiss, with prejudice, any petition,
write, complaint, claim, lawsuit, request for information or grievance that it has filed against the
City or any of the Releasees that are based upon facts that occurred up to the date the parties
execute this Agreement. This Agreement extends to any such petition, writ, complaint, claim,
request for information, lawsuit, grievance or charge filed in any state or federal court, with any
administrative body, agency, board, commission or entity whatsoever, relating to the
aforementioned matter.
3.

The City shall pay the Law Offices of Kelly Aviles the sum of six thousand, nine

hundred thee dollars and seventy-eight cents ($6,903.78) in consideration for this release of all
claims described herein and as compensation for any and all alleged injuries or damages or
attorneys fees or litigation costs that have arisen in any way from the aforementioned matter.
The City will pay this sum within 15 days of the date of the last signature to this Agreement.
The City will report the sum paid to Californians Aware to taxing authorities on IRS Forms 1099
or equivalent.
4.

Californians Aware, its agents, assignees and successors hereby fully,

irrevocably, and unconditionally release and discharge the Releasees from any and all claims,
actions, causes of action, judgments, liens, indebtedness, damages, obligations, losses, liabilities,
costs, claim for attorneys fees or costs, and all other claims and rights of action of all kinds and

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descriptions, which they have or may have, whether known or unknown, suspected or
unsuspected, which were raised or might have been raised, or arise out of, or are connected
with, the aforementioned matter.
5.

Californians Aware acknowledges that it enters into this Agreement voluntarily,

and also expressly acknowledges that it has been informed of and is familiar with California
Civil Code 1542 which 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 THIS RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE
MATERIALS AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Californians Aware expressly waives the provisions of California Civil Code 1542, and
further waives any rights it may have to invoke said provisions now or in the future with
respect to the releases set out in this Agreement. Californians Aware intends to fully, finally,
and forever settle all of the Claims and hereby agrees to accept and assume the risk that any fact
with respect to any matter in this Agreement may hereafter be found to be other than or
different from the facts she believes at the time of this Agreement to be true, and agrees that this
Agreement shall be and will remain effective notwithstanding any such differences in fact.
6.

Californians Aware hereby represents and warrants to the City that it has had

adequate information concerning the Claims and to make an informed decision and has,
independently, and without reliance on the City, and based upon such information that it has
deemed appropriate, made its own analysis and decisions to enter into this Agreement.
7.

Californians Aware understands and expressly agrees that this Agreement shall

bind and benefit its officers, employees, agents, attorneys, representatives, and assigns.
8.

Except as provided herein, each party bears its own costs and attorneys fees.

9.

This Agreement shall supersede, and render null and void any and all prior

agreements between the parties hereto, concerning the subject matter hereof.

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10.

Californians Aware represents that it has had a full opportunity to discuss the

terms of this Agreement with representatives of its own choosing, including its attorney Kelly
A. Aviles, and that it has carefully read and fully understands all of the provisions of this
Agreement. Californians Aware represents that it is voluntarily entering into this Agreement
without coercion. Californians Aware understands that the waiver it has made and the terms it
has agreed to herein are knowing, conscious, and with the full appreciation that it is forever
foreclosed from pursuing any of the rights so waived. No promise, inducement, or agreement
not expressed herein has been made to Californians Aware in connection with this Agreement.
11.

This Agreement is executed and delivered in the State of California and the

rights and obligations of the parties hereunder shall be construed and enforced in accordance
with the laws of the State of California.
12.

No waiver by any party of any breach of any term or provision of this

Agreement shall be construed to be, nor shall be, a waiver of any preceding, concurrent or
succeeding breach of the same or any other term or provision of this Agreement.
13.

This Agreement is deemed to have been drafted jointly by the parties. Any

uncertainty or ambiguity shall not be construed for or against any party based upon attribution
to the drafting party.
14.

This Agreement shall be admissible in counterparts. All executed copies are

duplicate originals and are equally admissible in evidence.

___________________________________
Ray Corpuz, City Manager
City of Salinas

_______________________________________
Date

___________________________________
Californians Aware
By Terry Francke, General Counsel

_______________________________________
Date

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APPROVED AS TO FORM AND CONTENT:

___________________________________
Christopher A. Callihan, City Attorney
City of Salinas

_______________________________________
Date

___________________________________
Kelly A. Aviles

_______________________________________
Date

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