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2. Property Maintenance Agreement. Concurrently with this Agreement, the Parties will
<br />execute a Property Maintenance Agreement to ensure the proper compliance with the conditions of this
<br />Agreement, operational restrictions, maintenance, and upkeep of the Property, improvements, and
<br />permitted uses. A copy of the Property Maintenance Agreement is attached hereto as Exhibit `B" and is
<br />incorporated herein by this reference. The Property Maintenance Agreement shall be recorded in the
<br />Orange County Clerk -Recorder's Office in accordance with the terms and conditions set therein.
<br />3. Penalties, Reasonable Attorney's Fees, Abatement Costs. In consideration for the
<br />final settlement of this Action, and in accordance with the terms of this Agreement, Settling Defendants
<br />stipulate and agree to pay the City of Santa Ana a total of Twenty Four Thousand Eight Hundred and Four
<br />U.S. Dollars ($24,804) in penalties, abatement costs, and reasonable attorney's fees incurred in this action
<br />made payable to Santa Ana.
<br />This payment shall made payable to the City within thirty (30) days of the execution of this
<br />Settlement Agreement. The Settlement Payment shall be made to "City of Santa Ana" as follows: City of
<br />Santa Ana, Santa Ana City Attorney's Office, 20 Civic Center Plaza, M29, P.O. Box 1988, Santa Ana,
<br />California 92702.
<br />Settling Defendants agree to donate Ten Thousand Dollars ($10,000) to Teen Challenge OC-Santa
<br />Ana Facility a non-profit organization whose mission is to offer a variety of outreach programs for gang
<br />prevention, and drug prevention for men and women over the age of 18, as well as adolescent boys ages 12
<br />—17. Settling Defendants will provide proof to the City within sixty (60) days of the making of such
<br />donation.
<br />4. Compliance and Filing of Further Actions. If City alleges that Defendants have violated the
<br />terms and conditions of this Agreement, City shall provide written notice detailing the basis for the alleged
<br />breach of the Settlement Agreement and provide thirty (30) days for Defendants to either (1) contest the
<br />alleged violation or (2) to take affirmative action to correct the conditions and provide proof to City of said
<br />correction(s) to the department or officer within the City issuing the written notice under this paragraph.
<br />In the event the City is required to bring an additional legal action based on nuisance conditions on
<br />the Property and/or breach the terms of this Agreement within five (5) years of its execution, the Parties
<br />stipulate the imposition of a Fifteen Thousand ($15,000) "liquidated damages" provision awarded to City,
<br />in addition to actual fees and costs authorized by statute. Such damages shall only be awarded following a
<br />judgment with an express finding of fact that Defendants, or any of them, or their assignees, are liable and
<br />responsible for such nuisance conditions.
<br />5. Release. Except for the obligations and covenants provided herein, the Settling Defendants,
<br />on behalf of themselves and their past, present, and future predecessors, successors, affiliates, heirs,
<br />assigns, officers, officials, directors, shareholders, members, managers, agents, employees, servants,
<br />trustees, fiduciaries, parent and subsidiary organizations, partners, attorneys, insurers, representatives,
<br />accountants, and all persons acting by, through, under, or in concert with them, or any of them, and each of
<br />them (collectively referred to herein as the "Releasing Parties"), hereby release, relinquish, acquit, remise,
<br />and discharge the City, and its past, present, and future predecessors, successors, affiliates, heirs, assigns,
<br />officers, officials, directors, managers, agents, employees, servants, trustees, fiduciaries, subsidiary
<br />organizations, partners, attorneys, insurers, representatives, accountants, and all persons acting by,
<br />through, under, or in concert with them, or any of them, and each of them (collectively referred to herein
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