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Mr -OURED 1� W. 'ROCEF ) N-2021-110 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS 0: CPr0uI(tDg1V,n ,n„�PF} ``►►""^' This Settlement Agreement and Release of All Claims (hereinafter "Agreement") is made and entered into by and between CITY OF SANTA ANA, a charter City and municipal corporation, and THE PEOPLE OF THE STATE OF CALIFORNIA, by the City Attorney for the City of Santa Ana (hereinafter "Plaintiffs"), and MARY C. AXELSON TRUST, under Declaration of Trust dated February 11, 1970, as restated in its entirety in the Twenty -Sixth Amendment to Declaration of Trust dated February 18th, 1993, LOIS HORNESS, as trustee (hereinafter "Defendants"). Plaintiffs and Defendants are also collectively referred to as "the Parties" herein. WITNESSETH: WHEREAS, Santa Ana is a city organized under the laws of the State of California, with a duty and interest in protecting the public health, safety, and welfare within the city; WHEREAS, the Settling Defendants are the current owner of property within Santa Ana located at 2710 W Edinger Ave. Santa Ana, CA 92704 (the "Property"); WHEREAS, Plaintiffs filed an action against Defendants, in the Superior Court of the State California, County of Orange, Central Justice Center District known as City of Santa Ana, et al. v. MARY C. AXELSON TRUST et al., Case No. 30-2020-01160662-CU-MC-CJC (the "Action"). The City's complaint in the Action includes a prayer for injunctive relief, civil penalties, attorneys' fees and costs, and other equitable relief against Settling Defendants; and WHEREAS, the Parties desire to avoid the expense, inconvenience, and uncertainties of further litigation and, therefore, the Parties have agreed, with no admission of liability by any Party, to enter into a complete and final settlement of all disputes, Claims (as defined in paragraph 3 below), and differences between them with respect to the Action; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, receipt of which is hereby acknowledged, and to avoid unnecessary litigation, it is hereby agreed by and between the Parties as follows: TERMS OF SETTLEMENT AGREEMENT 1. Stipulation for Dismissal of Action and Request for Court to Retain Jurisdiction to Enforce Settlement Agreement. The Parties will enter into a Stipulation for dismissal of action and request the court to retain jurisdiction to enforce this Agreement for a period of five (5) years pursuant to Code of Civil Procedure section 664.6. The terms and conditions of this Agreement are provided herein and attached hereto as Exhibits "A" incorporated herein by this reference. Upon dismissal and recordation of the Property Maintenance Agreement as required below, the City shall record a withdrawal of the Notice of Pendency of Action in the Orange County Clerk -Recorder's Office. 1