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SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT ("Agreement") is made and entered into in Alameda County, California, as of July 11, 2017, by and between THE MARINA INN (the "Ind'), on the one hand, and the CITY OF SAN LEANDRO ("City") and the CITY COUNCIL OF THE CITY OF SAN LEANDRO ("Council'), on the other hand (collectively, the "Parties"), with reference to and based upon the following: RECITALS A. The Inn operates and maintains the property at 68 Monarch Drive, San Leandro, California (the "Marina Inn Property"), pursuant to a ground lease entered into between the City and the Inn approved by the City of San Leandro City Council April 2, 1984, and executed April 5, 1984 (the "Lease"). B. The Inn is a member of the Coalition for the San Leandro Shoreline, an unincorporated association. C. On or about July 20, 2015, the Council adopted Resolution No. 2015.125 (the "Resolution") certifying an Environmental Impact Report (the `BIR"), adopting mitigation findings, findings concerning alternatives, a statement of overriding considerations and a mitigation monitoring program under the California Environmental Quality Act ("CEQA") for the specific activities and approvals that collectively constitute the "San Leandro Shoreline Development Project" described in Chapter 3 ["Project Description'] of the EIR (the "Project"). D. On or about August 18, 2015, Coalition for the San Leandro Shoreline filed a Verified Petition for Writ of Mandate ("Petition") against the City entitled Coalition for the San Leandro Shoreline, an unincorporated association, v. City of San Leandro, City Council of San Leandro and Does I through 10, Alameda County Superior Court Case No. RG 15782404 (the "Action'), in which it alleged that the City had violated CEQA by its actions in approving the Resolution. E. On or about June 8, 2016, the City filed an Answer to the Petition in the Action, in which the City denied all of the material allegations in the Petition and asserted affirmative defenses. F. The parties have reached a settlement to resolve all issues relating to the Action, the Resolution, and the Project (collectively, the "Dispute"), in accordance with the terms of this Agreement. This Agreement resolves all issues relating to the Dispute. AGREEMENT WHEREFORE, for valuable consideration, including the obligation and terms as set forth below, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: