PEEBLER, SCOTT AS SUCCESSOR IN INTEREST TO GERALD PEEBLER - 2014

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amount remaining in the Successor Agency's possession that was determined to be available for distribution under the LMIHF DDR and OFA DDR is $28,302,909 (the "Remaining DDR Funds "). L. Based on the foregoing, the Parties now desire to compromise and settle the Action. NOW, THEREFORE, for and in consideration of the mutual agreements set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Within five (5) business days of the approval and execution of this Agreement by all parties, the Successor Agency shall remit to the Auditor - Controller the Remaining DDR Funds and simultaneously notify DOE and Petitioner in writing of such remittance. Within five (5) business days of such notification, Petitioner shall file a request for the dismissal of its Appeal. 2. After receiving notification that the Appeal has been dismissed, City agrees that it shall establish and deposit Four Million Seven Hundred Thousand Dollars ($4,700,000) into a separate fund (the "Feebler Fund "), which shall be used solely for the following purposes: a. Construction of public improvements (the "Public Improvements ") (as defined below) in the South Main Corridor (the "South Main Corridor ") (as defined below) and as approved by the City, as more fully set forth below in Section 3; b. Administrative and related costs incurred by the City arising from and directly related to the construction of the Public Improvements, in an amount not to exceed Eighteen Percent (18 %) of the construction cost of the Public Improvements; and C. Petitioner's litigation costs in the amount of Six Thousand Four Hundred Nineteen Dollars and Thirty -three Cents ($6,419.33) to be paid to the University of California, Irvine School of Law, Community and Economic Development Clinic ( "UCI "), which served and continues to serve as counsel to Petitioner. As used in this Agreement, "Public Improvements" shall mean public facilities, streets, drains, sewers, parks, sidewalks, streetscapes, landscaping and lighting located on public property or in public rights -of -way. In addition, as used in this Agreement, "South Main Corridor" shall mean (i) South Main Street between Warner Avenue and First Street; and (ii) First Street between Parton Street and Standard Avenue. The Parties further agree that the Peebler Fund shall not be used for repair or maintenance of existing or future Public Improvements. 3. In addition to the Peebler Fund, City hereby agrees to allocate and hold in a special account an additional Two Hundred Fifty Thousand Dollars ($250,000) (the "Design Fund ") to pay for the services of Gensler and Associates, or another private design firm (the "Design Firm ") as determined by Petitioner to develop a plan for the Public Improvements to be developed in the South Main Corridor. If Petitioner determines to use a firm other than Gensler and Associates, Petitioner shall notify City in writing within sixty (60) days of the date of this Agreement of the name of the designated Design Firm. Design Finn shall submit claims to City, 3- 55394.00005V9313511.9