DRAFT SETTLEMENT AGREEMENT AND GENERAL RELEASE

WHEREAS, Petitioner Californians Aware made a California Public Records Act (CPRA) Request (the
Request) on July 19, 2014, to the Respondent/Defendant City of Baldwin Park;
WHEREAS, Petitioner Californians Aware alleges that Respondent/Defendant City of Baldwin Park
failed to properly respond to the Request;
WHEREAS, Petitioner Californians Aware thereafter initiated a civil action, Californians Aware v. City
of Baldwin Park, Los Angeles Superior Court Case No. BS155206 (the Action), alleging violations of
the CPRA and seeking declaratory and injunctive relief and a peremptory writ of mandate;
WHEREAS, on January 4, 2016, Respondent/Defendant City of Baldwin Park provided Californians
Aware with a declaration stating that the City has never retained copies of the records responsive to the
Request;
WHEREAS, the parties now desire to resolve amicably their disputes on the terms stated herein;
NOW, THEREFORE, the parties agree as follows:
1.

The City of Baldwin Park agrees to retain all documents and records pertaining to their participation
in the Department of Justice Equitable Sharing Asset Forfeiture Program, including and their receipt
and expenditure or use of shared cash, proceeds, real property, or tangible personal property,
including but not limited to Forms DAG-71, Equitable Sharing Agreement and Certification forms,
accounting and bookkeeping documents, logs and records, bank records and statements, and audit
reports, for a period of at least five years.

2.

Within thirty (30) days of approval of this Agreement by both the City of Baldwin Park and
Petitioner Californians Aware, the City of Baldwin Park shall cause to be issued a payment in the
form of a check or warrant payable to the order of "Law Offices of Kelly Aviles Client Trust
Account in the amount of $16,500 in settlement of any claim for attorneys fees and costs in this
matter. Except as expressly provided in this Paragraph, each party shall bear his or her or its own
costs, expenses, and attorneys fees incurred in connection with the Action and preparation and
review of this Agreement, and each of the parties hereto expressly waives any claim for recovery of
any such costs, expenses, or attorneys' fees from the other party.

3.

Within 7 days of the approval of this Agreement by both the City of Baldwin Park and Californians
Aware, Petitioner Californians Aware will file a notice of settlement with the Court. Within 7 days
of the date that Petitioner Californians Aware receives payment, as set forth in paragraph 2, above,
Petitioner Californians Aware will dismiss the Action with prejudice.

4.

The settlement embodied in this Agreement is a compromise of disputed and controverted claims
between the Parties and expresses a full, final, and complete settlement of the Action, and except as
specifically acknowledged herein, no portion of this Agreement shall be treated as an admission of
liability by the Parties or any other person or entity for any purpose whatsoever except to the extent
of the judgment entered pursuant hereto.

Comment [KA1]: I took this language from the DOJs

Requirements

5.

For good and valuable consideration, the receipt of which is hereby acknowledged, Plaintiff for
himself, his legal and other representatives, claimants, heirs and beneficiaries, forever waive and
release Board, Board members, agents, officers, and employees, past and present and future, from
all rights, benefits, payments and claims or causes of action of whatever nature arising out of the
facts and circumstances alleged in the Action.

6.

The releases provided for in this Agreement extend to all claims arising out of the facts and
circumstances alleged in the Action, whether or not claimed or suspected, up to and including the
date of execution hereof, and, with respect to only those facts and circumstances, constitute a waiver
of each and all of the provisions of California Civil Code section 1542, which reads 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.

7.

Pursuant to California Code of Civil Procedure section 664.6, the parties agree that the Court shall
retain jurisdiction to enforce the terms of this settlement.

8.

This Agreement contains the sole and entire agreement of the parties with respect to the entire
subject matter hereof, and any and all prior discussions, negotiations, commitments and
understandings related hereto are hereby merged herein. No representations, oral or otherwise,
express or implied, other than those contained herein have been made by any party hereto. Other
than this Agreement, no other agreements, oral or otherwise, shall be deemed to exist or to bind any
of the parties hereto.

9.

This Agreement may be executed in two or more counterparts, each of which shall be deemed an
original but all of which together shall constitute one and the same Agreement. The counterparts of
this Agreement may be executed and delivered by facsimile or other electronic signature by any of
the parties to any other party and the receiving party may rely on the receipt of such document so
executed and delivered by facsimile or other electronic means as if the original had been received.

10.

This Agreement is a negotiated settlement. The language in this Agreement shall be construed as a
whole according to its fair meaning and not strictly for or against any party by reason of authorship.

IN WITNESS WHEREOF, THE PARTIES HERETO EXECUTE AND EXPRESSLY AGREE TO

THE TERMS OF THIS AGREEMENT:
CITY OF BALDWIN PARK
By:

Date:

CALIFORNIANS AWARE
Date: