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TERMS OF SETTLEMENT AGREEMENT
<br />L The terms and conditions of the Settlement are provided herein and attached
<br />hereto as Exhibits "A" and incorporated herein by reference.
<br />2. Penalties Reasonable Attorney's Fees. Abatement Costs. In consideration for the
<br />final settlement of this matter. and in accordance with the terms of this Agreement. Settling
<br />Property Owners stipulate and agree to pay the City a total of Five Thousand U.S. Dollars
<br />($5.000.00) in penalties. abatement costs, and reasonable attorney's fees incurred to bring the
<br />property into compliance ("Settlement Payment*'). The S5,000.00 Settlement Payment shall
<br />made payable to the City within thirty, (30) dans of the execution of this Settlement Agreement.
<br />The Settlement Payment shall be made to "City of Santa Ana' as follows: City of Santa Ana.
<br />Santa Ana City Attorneys Office. 20 Civic Center Plaza. M29. P.O. Box 1988. Santa Ana.
<br />California 92702. Settling Property Owners further agree that an additional S5,000.00 will be
<br />held in abeyance for one (1) year from the date of the execution of this Agreement and will not
<br />be imposed if: Settling Property Owners comply with the terms and conditions of this
<br />Settlement. Prior to the imposition of the S5,000.00 penalty held in abeyance, or prior to tiling
<br />an action for Breach of this Settlement Agreement, the City will meet and confer with counsel
<br />for Settling Property Owners. to provide Settling Property Owners the opportunity to explain or
<br />mitigate the circumstances necessitating the imposition of the additional 55,000.00 penalty. At
<br />the end of the one year term. (from the date of the execution of this Settlement Agreement), if
<br />Settling Property Owners have complied with the terms of this Settlement Agreement and the
<br />City has not filed an action against Settling Property Owners, or any of them. for Nuisance under
<br />the Red Light Abatement Act or any other Nuisance Statutes or Ordinances for Breach of this
<br />Settlement Agreement, then the Settling Property Owners will not be responsible to pay the
<br />additional 55,000.00 penalty and it will be considered waived. If the City files an action for
<br />Nuisance under the Red Light Abatement Act. Nuisance Statutes and Ordinances and/or Breach
<br />of this Settlement Agreement, Settling Property Owners hereby, agree and stipulate that the
<br />minimum due and payable to the City in that action will be $5,000.00.
<br />3. Release. Except for the obligations and covenants provided herein. the Settling
<br />Property Owners, on behalf of themselves and their past, present, and future predecessors.
<br />successors, affiliates, heirs, assigns, officers. officials, directors, shareholders, members,
<br />managers. agents, employees, servants. trustees, fiduciaries. parent and subsidiary organizations.
<br />partners, attorneys, insurers, representatives. accountants, and all persons acting by. through,
<br />under, or in concert with them, or any of them, and each of them (collectively referred to herein
<br />as the "Releasing Parties'). hereby release. relinquish, acquit. remise, and discharge City. and its
<br />past. present, and future predecessors, successors. affiliates, heirs. assigns, officers, officials.
<br />directors. managers, agents. employees, servants, trustees, fiduciaries, subsidiary organizations.
<br />partners• attorneys, insurers, representatives. accountants. and all persons acting by, through,
<br />under, or in concert with them, or any of them. and each of them (collectively referred to herein
<br />as the "Released Parties"), from any and all past. or present rights, claims, demands, obligations,
<br />losses, debts, liabilities, offsets. promises. acts. omissions. agreements, costs and expenses,
<br />damages, injuries, suits. allegations, appeals. actions and causes of action for damages, equitable
<br />relief. and compensation of every kind and nature whatsoever. whether known or unknown,
<br />suspected or unsuspected, contingent or fixed, whether past or present whether based in contract.
<br />ton, statute. or other legal or equitable theory of recovery. which, as of the date of this
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