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DocuSign Envelope ID: 6BDE4B89-79B8-46EA-8CDF-7Co3E2572266
<br />TERMS OF SETTLEMENT AGREEMENT
<br />1. Stipulation for Dismissal of Action. Within five (5) business days of the later to occur of
<br />the following events, the City will file a dismissal of the Action: (a) Buyer delivers an executed copy of
<br />the Compliance Agreement in accordance with paragraph 2, below; (b) Defendants deliver an executed
<br />copy of this Agreement to the City; and (c) payment of the amounts identified in paragraph 3, below.
<br />2. Property Compliance Agreement. Concurrently with this Agreement, the City will execute a
<br />Property Compliance Agreement ("Compliance Agreement") with Buyer to ensure the proper compliance
<br />with the operational restrictions, maintenance, and upkeep of the Property, improvements, and permitted
<br />uses. A copy of the Property Compliance Agreement is attached hereto as Exhibit "A" and is
<br />incorporated herein by this reference. The Property Compliance Agreement is a condition precedent to
<br />satisfy the release of Defendants of all Claims as provided by paragraphs 6 and 7.
<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, Defendants stipulate
<br />and agree to pay the City of Santa Ana a total of Forty Thousand U.S. Dollars ($40,000) in penalties,
<br />abatement costs, and reasonable attorney's fees incurred in this action made payable to City of Santa Ana.
<br />This payment shall made payable to the City within thirty (30) days of the execution of this
<br />Agreement. The Settlement Payment shall be made to "City of Santa Ana" as follows: City of Santa Ana,
<br />Santa Ana City Attorney's Office, 20 Civic Center Plaza, M29, P.O. Box 1988, Santa Ana, California
<br />92702.
<br />Defendants agrees that a donation of five Thousand Dollars ($5,000) will be made to the Santa Ana
<br />Police Athletic and Activity League (" SAPAAL"), a community resource program focused on reducing
<br />gang violence amongst at risk students. Payments shall be made payable to "Santa Ana Police Athletic
<br />and Activity League" as follows: Santa Ana Police Athletic and Activity League, Attn: Commander
<br />Michael Claborn, Santa Ana Police Department, 60 Civic Center Plaza, P. O. Box 1981, Santa Ana, CA
<br />92701. Defendants will provide proof to the City within sixty (60) days of the making of such donation.
<br />4. Withdraw of Lis Pendens.
<br />Upon the payment of monies outlined in paragraph 3, City agrees to withdraw the recorded Notice
<br />of Pendency of Action filed at the Orange County Clerk -Recorder's Office against the Property on February
<br />2, 2021.
<br />5. Transfer of Ownership. In the event that the Buyer cannot close escrow and the Defendants
<br />retain ownership of the Property, this Agreement shall be null and void and the Action shall continue with
<br />Defendants being subject to injunctive relief, civil penalties, attorneys' fees and costs, and other equitable
<br />relief at the Court deems necessary.
<br />6. Release. Notwithstanding the provisions of Civil Code section 1542, each party hereto
<br />hereby irrevocably and unconditionally releases and forever discharges each other party and each and all
<br />of its officers, agents, directors, supervisors, employees, agents, representatives, and its successors and
<br />assigns and all persons acting by, through, under, or in concert with each other party from any and all
<br />charges, complaints, claims, and liabilities of any kind or nature whatsoever, known or unknown,
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