ELOUISE AUGUSTUS, ET AL. V. CITY OF SANTA ANA (2)

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(b) The City agrees to pay the sum of Nine Hundred Twelve Thousand Five Hundred Dollars ($912,500.00) in full and complete settlement of all claims made against the Defendant in this Action in exchange for, an executed copy of the Request for Dismissal with prejudice of the foregoing Action. (c) A check payable to "GEURTS LAW FIRM TRUST ACCOUNT" in the amount o£Nine Hundred Twelve Thousand Five Hundred Dollars ($912,500.00). Said check will be made available within two weeks or less of the date that the City receives a fully executed copy of this Agreement. This check shall be mailed via Federal Express to Geurts Law Firm, 18100 Von Turman Ave., Suite 950, Irvine, CA 926 I (d) Parties agree that this Agreement and the payment specified in subsection (c) above, constitutes full and complete settlement and compromise of all claims made against the Defendant in the Action. Plaintiffs specifically agree that by accepting the foregoing payment and executing this Agreement, Plaintiffs are waiving costs, attorneys' fees in connection with this action and any and all actual or potential rights to any other claimed damages including future damages alleged to have been caused by City -owned trees located in and around the Sandpointe Paseo. Any damages attributable to the removal of the Sandpointe trees is not subject to this Agreement. (f) Plaintiffs acknowledge and agree that Defendant has made no representations regarding the tax consequences of any amounts received pursuant to this Agreement. Plaintiffs agree that they and they alone are liable for all taxes, if any, which are owed by them on any amount received hereunder including interest and penalties. Plaintiffs will hold Defendant harmless from any and all claims made by federal, state, or local taxing authorities or lien holders against Plaintiffs on amounts owed by them. (g) Defendant agrees that it will remove the City -owned trees located in and around the Sandpointe Paseo within a reasonable amount of time. (h) Defendant will assist Plaintiffs by providing assistance with obtaining construction related permits, but the City will not waive permit fees. THIRD: Plaintiffs represent that, with the exception of the Action, and the government tort claim submitted on March 30, 2017 to the City of Santa Ana, they have not filed any complaints, claims, or actions against Defendant including any of its officers, agents, directors, supervisors, employees, or representatives of Defendant with any state, federal, or local agency or court and that they will not do se at any time hereafter as, it relates to this Action and that if any agency or court assumes jurisdiction of any complaint, claim, or action against Defendant on Plaintiffs' behalf, Plaintiffs will direct that agency or courtto withdraw and dismiss with prejudice the matter. Page 2 of 7