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SETTLEMENT AGREEMENT <br />AND MUTUAL RELEASE OF CLAIMS <br />This Settlement Agreement and Mutual Release of Claims (hereinafter referred to as the <br />"AGREEMENT") is entered into by and between the City of Santa Ana, a charter city and <br />municipal corporation duly organized and existing under the Constitution and laws of the State of <br />California ( "CITY ") and YONG JAE LEE AND HEA JUNG LEE ( "LEES "). The CITY and LEES <br />are hereinafter sometimes referred to individually as "PARTY" and collectively as the <br />"PARTIES." The Effective Date of this AGREEMENT shall be the date on which the <br />AGREEMENT has been fully executed by the CITY and LEES. In order to avoid the costs, <br />expense, and uncertainty of protracted litigation, the PARTIES hereby enter into this <br />AGREEMENT as set forth below. <br />RECITALS <br />This AGREEMENT is based on the following facts: <br />A. LEES operated an Acupuncture Business, commonly known as Santa Ana Acupuncture <br />located at 1411 North Bristol Street, Santa Ana, CA 92706 ( "PROPERTY "). LEES also <br />owned the PROPERTY, which is unencumbered. <br />B. The PARTIES desire to resolve the CITY's acquisition of the PROPERTY in accordance <br />with the terms and conditions set forth herein. <br />C. The PARTIES acknowledge that the payment as set forth in paragraph I and other <br />consideration given inconncotion with this AGREEMENT are the result of a compromise <br />and settlement of disputed claims, and shall never, at any time or for any purpose, be <br />considered an admission of liability or responsibility on the part of any of the PARTIES <br />herein released, <br />Page 1 of 8 <br />43766913 -N]476,1 <br />