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WHEREAS, the Parties desire to avoid the expense, inconvenience, and uncertainties of further litigation and, therefore, the Parties have agreed, with no admission of liability by any Party, to enter into a complete and final settlement of all disputes, Claims (as defined in paragraph 3 below), and differences between them with respect to the Action; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, receipt of which is hereby acknowledged, and to avoid unnecessary litigation, it is hereby agreed by and between the Parties as follows: TERMS OF SETTLEMENT AGREEMENT 1. Stipulation for Dismissal of Action and Request for Court to Retain Jurisdiction to Enforce Settlement Agreement. Within five (5) business days of the later to occur of the following events, the City will file a dismissal with prejudice of the Action: (a) delivery by Buyer of an executed copy of the Compliance Agreement in accordance with paragraph 2, below; (b) delivery by Defendants of an executed copy of this Agreement to Deputy City Attorney Jose Montoya; and (c) payment of the amounts identified in paragraph 3, below. 2. Compliance Agreement. Concurrently with this Agreement, the City will execute a Compliance Agreement ("Compliance Agreement") with Buyer to ensure the proper compliance with the operational restrictions, maintenance, and upkeep of the Property, improvements, and permitted uses. A copy of the Compliance Agreement is attached hereto for reference purposes only as Exhibit "A". The execution of the Compliance Agreement by Buyer is a condition precedent to satisfy the mutual release of Plaintiffs and Defendants by the other of all Claims as provided by paragraphs 6 and 7, below. The Parties aclmowledge and agree that following the full execution of the Compliance Agreement any issues related to the performance by Buyer under the terms of the Compliance Agreement shall not involve Defendants and Defendants shall have no responsibility or liability for said performance or for any other issues related to the Compliance Agreement. 3. Penalties, Reasonable Attorney's Fees, Abatement Costs. In consideration for the final settlement of this Action, and in accordance with the terms of this Agreement and Compliance Agreement, Defendants stipulate and agree that the City of Santa Ana will be paid a total of Eleven Thousand Six Hundred and Twenty Five U.S. Dollars ($11,625). This payment maybe made by Defendants or Buyer. This payment shall be made payable to the City within thirty (30) days of the execution of this Agreement. The Settlement Payment shall be made to "City of Santa Ana" as follows: City of Santa Ana, Santa Ana City Attorney's Office, 20 Civic Center Plaza, M29, P.O. Box 1988, Santa Ana, California 92702. Defendants agree that a donation of five Thousand Dollars ($5,000) will be made to Boys & Girls Club of Santa Ana, a non-profit organization. This donation may be made by Defendants or Buyer. Defendants will provide proof to the City within sixty (60) days of the making of such donation.