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(c) The City will bear its own costs in the review and delivery of the Grant Deed and the filing of the Request for Dismissal. Plaintiff will bear its own costs for the survey and the recordation of the Grant Deed. Each party shall bear his/her/its own attorney fees and costs in this Action and the settlement thereof. (d) The City will obtain authorization from the City Council pennitting and instructing the City Manager to execute this Agreement and the Grant Deed; (e) Each party will exchange a fully signed executed copy or original of this Agreement, including the Grant Deed; and (0 In exchange for the original, recordable Grant Deed, Plaintiff's attorney will deliver a signed Request for Dismissal with Prejudice dismissing the Action, Case No. 30-2016-00868204-CU-OR-CJC. The City will file the Request for Dismissal and return a conformed copy to the Plaintiff, Third: (a) Plaintiff and Defendant agree that this Agreement constitutes a full and complete settlement of all claims alleged in the Action. Plaintiff specifically and unequivocally agrees that he/she/it is waiving any and all rights to compensation of any sort as a result of the Action for any alleged damages, costs, or attorney's fees. Defendant is likewise waiving any and all rights, to the extent any exists, for costs or attorneys' fees arising or related to the claims alleged in the Action. (b) Plaintiff acknowledges and agrees that Defendant has made no representations regarding the tax consequences of any amounts received pursuant to this Agreement. Plaintiff agrees that he and he alone is liable for all taxes, if any, which arc owed by him on the Strip of Land received hereunder including interest and penalties. Plaintiff will hold Defendant harmless from any and all claims made by federal, state, or local taxing authorities or lien holders against Plaintiff on amounts owed by him. (c) The City represents and warrants that it is the sole owner in fee simple title of the Strip of Land and that there are no encumbrances or liens of any kind on the Strip of Land. The City fiirther represents and warrants that it has all the necessary power and authority to transfer the Strip of Land to Plaintiff pursuant to this Agreement. Neither the execution and delivery of this Agreement by the City, nor the consummation of the transactions contemplated hereby or thereby, will conflict with or result in a breach of any of the terms, conditions or provisions of the City's charter or of any statute, ordinance or administrative regulation, or of any order, writ, injunction, judgment or decree of any court or any Governmental Authority or of any arbitration award. Fourth: Plaintiff represents that, with the exception of Case No. 30-2016-00868204- CU-OR-CJC and the government tort claim associated therewith and submitted to the City of Santa Ana (if any), he has not filed any complaints, claims, or actions against Defendant including any of its officers, agents, directors, supervisors, employees, or representatives of Defendant with any state, federal, or local agency or court and that they will not do so at any time hereafter as it relates to this action and that if any agency or court assumes jurisdiction of any complaint, claim, or action against Defendant on Plaintiff's behalf, Plaintiff will direct that agency or court to withdraw and dismiss with prejudice the matter. Page 2 of 4