BETTER NEIGHBORHOODS, INC. v. COSA

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Entitlements, the Project's environmental review under CEQA or other laws, and the Litigation. II. TERMS NOW THEREFORE, in consideration of the mutual covenants, agreements, representations, and warranties contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, the Parties agree as follows: A. Better Neighborhoods' Obligations. Duty to Dismiss/Support Dismissal with Prejudice. Better Neighborhoods will deliver to counsel for the Defendant a fully signed original of this Agreement and an executed Stipulation and Request for Dismissal of Entire Action [Judicial Council Form CIV -110] ("RFD") with prejudice of the Litigation in its entirety, as to all respondents and real parties, at the same time that Defendant and Real Party in hiterest deliver City Payment and Net Payment (as defined below) to counsel for Better Neighborhoods. 2. Duty Not to Object or Disrupt Process for Project Implementation. Better Neighborhoods, on behalf of itself, its current and future members, directors, shareholders, officers, agents, successors, and assigns, shall not directly or indirectly object to, oppose, delay, frustrate, or disrupt the full and complete construction and operation of the Project in accordance with the Entitlements. Better Neighborhoods shall not directly or indirectly encourage or fund others to object to, oppose, delay, frustrate, or disrupt the full and complete construction and operation of the Project in accordance with the Entitlements. B. City of Santa Ana's Obligations. 1. Wa nding Signage. Without admitting any liability, and in consideration of the terms of the Agreement, the City shall use reasonable efforts to install wayfinding signage for the purpose of directing automobile drivers to public parking available within two blocks of the Property. 2. Attorneys' Fees. Without admitting any liability, and in consideration of the terms of the Agreement, on or before June 21, 2018 the City shall deliver to Petitioner's counsel a check payable to The Law Office of Gurjit Singh Client Trust Account, in the amount of Twenty -Five Thousand Dollars ($25,000.00) (the "City Payment") simultaneous to the delivery of the RFD as outlined in Section IIAI of this Agreement. City is paying the City Payment in connection with claims made by Petitioner for attorney's fees, costs, and expenses in connection with Better Neighborhoods' challenge to the Entitlements, the Litigation, and the negotiation and drafting of this agreement. The 2 Better Neighborhoods -Settlement Agreement final clean copy 6.8.18