RDA Agmt 2001 FH Dailey Motor Company (2)

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• • SETTLEMENT AGREEMENT This Settlement Agreement and Mutual Release ("Agreement") is made and entered into by SAN LEANDRO REDEVELOPMENT AGENCY("the Agency")and F. H. DAILEY MOTOR COMPANY("Dailey")to resolve the disputes between them as set forth in the pleadings filed in Alameda County Superior Court Case No. H215595-1 ("the Action"), later consolidated into Alameda County Superior Court Case No. H215592-4. In consideration for the performance of the terms and conditions of this Agreement,the parties to this Agreement have agreed as follows: 1. Dailey shall, simultaneous with the execution of this Agreement, execute the Owner Participation Agreement attached as Exhibit"A" hereto. 2. This Agreement, including the Owner Participation Agreement attached hereto, is effective and binding only when formally approved by the Agency,whose formal approval shall be issued no later than September 17, 2001. If the Agency fails to approve this Agreement on or before September 17, 2001, this Agreement (including the attached Owner Participation Agreement) shall be deemed void ab initio, as if it and/or they had never been made. 3. Within 7 days from the date of the Agency's formal approval of this Agreement, the Action shall be dismissed, in its entirety, with prejudice. Each party to this Agreement shall bear its own respective costs of suit, including attorneys fees, incurred in the Action. In this regard, in addition to its own fees and costs, the Agency shall be solely responsible for attorneys fees and costs incurred by Anthony Batarse, Jr., The Batarse Family Trust, or any other person or entity affiliated with either of them ( "Batarse"). If Batarse makes any claim against Dailey in connection with Batarse's costs and fees related to and/or connected with the Action, the Agency shall defend, indemnify, and hold Dailey harmless therefrom. 4. Dailey expressly waives any and all claims each may have for all or part of the deposits of 1