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Party, to enter into a complete and final settlement of all disputes, Claims (as defined in paragraph <br />6 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 />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 this Action: (a) delivery by Buyer of an executed <br />copy of the Compliance Agreement in accordance with paragraph 2, below; (b) delivery by Respondent <br />Deutsche Bank of an executed copy of this Agreement to Assistant City Attorney Jose Montoya; and (c) <br />payment of the amounts identified in paragraph 3, below. <br />2. Compliance Agreement. Concurrently with this Agreement, the City will execute a <br />Compliance Agreement ("Compliance Agreement") with Buyer to ensure the proper compliance with the <br />operational restrictions, maintenance, and upkeep of the Property, improvements, and permitted uses. A <br />copy of the Compliance Agreement is attached hereto for reference purposes only as Exhibit "A". The <br />execution of the Compliance Agreement by Buyer is a condition precedent to satisfy the mutual release of <br />Petitioner and Respondents by the other of all Claims as provided by paragraphs 6 and 7, below. The <br />Parties acknowledge and agree that following the full execution of the Compliance Agreement any issues <br />related to the performance by Buyer under the terms of the Compliance Agreement shall not involve <br />Respondents and Respondents shall have no responsibility or liability for said performance or for any other <br />issues related to the Compliance Agreement. <br />3. Staff Time, 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 and Compliance <br />Agreement, Respondents stipulate and agree that the City of Santa Ana will be paid a total of <br />Twelve Thousand U.S. Dollars ($12,000) in staff time, abatement costs, reasonable attorney's fees <br />and other associated damages incurred in this Action. The Parties agree that the payment shall be <br />made by the Buyer in accordance with the Compliance Agreement. <br />This payment shall be 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 />Respondents agree that a donation of Ten Thousand Dollars ($10,000) will be made to Hand To <br />Hand Relief, a non-profit organization. This donation shall be made by Buyer. Buyer shall provide proof <br />to the City within thirty (30) 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 December <br />