80A - SETTLEMENT AGMT FINAL VERSION

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members will coordinate directly with Agency staff. The Parties acknowledge and agree that inspection and salvage will take place during regular business hours on weekdays (Monday through Friday, 8:00 A.M. to 5:00 P.M.) and that involvement in the inspection and/or salvage process by FOL and/or its members will require FOL and/or its members to be present during such times. 7. Notification Prior to Demolition of Structures in the Transit Zoning Code Project Area. For eighteen (18) months following the Effective Date of this Agreement, the Agency will use best efforts to mail or email notice of the Agency's intended demolition of properties for redevelopment in the Lacy Neighborhood, other than those properties that would be demolished pursuant to the Revised Station District Project, to FOL at least fifteen (15) days prior to such approval of demolition. FOL and/or its members are responsible for providing the Agency with the mailing address and/or email address where they would like to receive notice and shall be responsible for updating such contact information. Agency staff will make themselves reasonably available to FOL and/or its members, should they contact staff, to discuss any upcoming redevelopment projects in the City. If Petitioner FOL believes that the Agency has failed to provide the notice set forth in this Section 7, FOL shall notify the Agency of the alleged failure to give notice and, if approval of demolition of properties for redevelopment in the Lacy Neighborhood is in fact scheduled, the Agency shall have five (5) days to cure the alleged failure by mailing or emailing the required notice. 8. Conditions Precedent, Payment of Attorney's Fees and Dismissal of the Litigation. 8.1. Conditions Precedent to Obligations. All of the City's, Agency's and Developer's obligations set forth in this Agreement, are expressly contingent on Petitioner FOL's dismissal of the Litigation with prejudice, as set forth in Section 8.3 of this Agreement, and the absence of any intervening modification of the Agency's powers, by state or federal legislation or otherwise, that precludes the Agency (or its successor agency) from performing its obligations under this Agreement. Additionally, all of the City's, Agency's and Developer's obligations related to each Phase of the Revised Station District Project are expressly contingent on the both of following conditions precedent: (i) satisfaction of both the Agency's and the Developer's "Conditions of Closing" set forth in Section 204 of the DDA or the Revised DDA so long as the "Conditions of Closing" in the Revised DDA are in substantial conformance with the "Conditions of Closing" in the DDA; and (ii) final approval by the City and Agency of the Revised DDA. 8.2. Payment of Attorney's Fees and Costs. Immediately following the Effective Date of this Agreement, the Developer will pay the attorney fees and costs reasonably incurred by FOL in the Litigation, which the Parties have determined to be sixty- seven thousand four hundred ninety four dollars ($67,494.00) for attorney's fees and seven thousand five hundred six dollars ($7,506.00) for costs, for a total of seventy-five thousand dollars ($75,000.00). Payment shall be made to the Brandt- Hawley Trust Account by bank wire. 11