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<br />SETTLEMENT AGREEMENT AND
<br />RELEASE OF ALL CLAIMS
<br />This Settlement Agreement and Release of All Claims (hereinafter "Agreement") is made
<br />and entered into by and between CITY OF SANTA ANA, a charter City and municipal
<br />corporation, and THE PEOPLE OF THE STATE OF CALIFORNIA, by the City Attorney for the
<br />City of Santa Ana (hereinafter "Plaintiffs"), and FLAG TRUCKING, INC, JACK MCCLURE,
<br />an individual, and DOLORES L. MCCLURE, an individual (hereinafter "Defendants").
<br />Plaintiffs and Defendants are also collectively referred to as "the Parties" herein.
<br />WITNESSETH:
<br />WHEREAS, Santa Ana is a city organized under the laws of the State of California, with
<br />a duty and interest in protecting the public health, safety, and welfare within the city; and
<br />WHEREAS, the Defendants are the current owners of the property located at 938 E. 2"1
<br />Street, Santa Ana, California, identified as Assessor's Parcel Number 398-473-10 (the
<br />"Property"); and
<br />WHEREAS, Plaintiffs filed an action against Defendants, in the Superior Court of the
<br />State California, County of Orange, Central Justice Center District known as CITY OF SANTA
<br />ANA, et al. v. FLAG TRUCKING, INC., et al., Case No. 30-2020-01166481-CU-MC-NJC (the
<br />"Action"). The City's complaint in the Action includes a prayer for injunctive relief, civil
<br />penalties, attorneys' fees and costs, and other equitable relief against Defendants; and
<br />WHEREAS, SAMIR SHOSHANI, managing member, for 99 SOUTH MLK LLC, a
<br />Nevada limited liability company ("Buyer") intends to acquire the Property from Defendants,
<br />will assume all liabilities and claims associated with the Action and will bring the Property into
<br />compliance with State laws and City of Ana Municipal Codes; and
<br />WHEREAS, this Agreement is conditioned on the Buyer retaining full title to the Property
<br />and executing a Property Compliance Agreement with the City; and
<br />WHEREAS, the Parties desire to avoid the expense, inconvenience, and uncertainties of
<br />further litigation and, therefore, the Parties have agreed, with no admission of liability by any
<br />Party, to enter into a complete and final settlement of all disputes, Claims (as defined in paragraph
<br />3 below), and differences between them with respect to the Action; and
<br />NOW, THEREFORE, in consideration of the mutual covenants and promises herein
<br />contained and other good and valuable consideration, receipt of which is hereby acknowledged,
<br />and to avoid unnecessary litigation, it is hereby agreed by and between the Parties as follows:
<br />
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