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INvURANOE NOT REQUIRED A-2018-311 WORK MAY PROCEED CLERK OF COUNCIL ®QTc, FEB 0 5 2019 c(k 0 `j ) SETTLEMENT AGREEMENT AND MUTUAL RELEASE -50\4I ✓ ', This Settlement Agreement and Mutual Release (the "Agreement") is entered into as of December_, 2018 by and between CROWN CASTLE NG WEST LLC, a Delaware limited liability company ("Crown Castle"); and CITY OF SANTA ANA, a charter city and municipal corporation in the State of California (the "City"). Crown Castle and the City are occasionally collectively referred to herein as the "Parties," or individually as a "Party." This Agreement is being made by the Parties based upon the following recitals of facts: RECITALS A. WHEREAS, on September 5, 2017, Crown Castle filed ten (10) applications with the City for permits authorizing the installation of Wireless Telecommunication Facilities ("WCFs") in the public right-of-way (the "Permit Applications") pursuant to and in accordance with Chapter 33, Article X of the Santa Ana Municipal Code ("SAMC"). Pursuant to the Permit Applications, Crown Castle sought to place ten (10) small cell nodes comprised of 2-8 inch radios with integrated antennas on ten (10) new utility poles (each a 31 -foot tapered steel pole). The Permit Applications are identified by the City as follows: SOC101-2800 N. Main Street; SOC102 - 2700 N. Main Street; SOC458 - 310 E. Memory Lane; SOC459 - 15241 E. Memory Lane; S00007 - 1421 West 17t' Street; S00O26 -1011 N. Main Street; S00075 - 1356 E. McFadden Avenue; S00054 - 1630 South Lyon Street; SOC273 - 3506 West Lake Center Drive; and SOC268 - 3401 S. Harbor Boulevard. B. WHEREAS, on September 28, 2017, after the City's initial review of the Permit Applications, the City transmitted by email a notice of incompleteness dated September 28, 2017, for each of the ten (10) Permit Applications; subsequently, Crown Castle responded by delivering additional information by electronic mail on September 28, 2017 and hand -delivering hard copies of additional information on September 29, 2017. C. WHEREAS, on February 5, 2018, the City pursuant to SAMC Sec. 33-239(a) transmitted denials of all ten (10) Permit Applications via individual denial letters from the City's Public Works Agency (the "Denials"). D. WHEREAS, on or about March 26, 2018, Crown Castle transmitted a letter to the City alleging that the Permit Applications were not lawfully denied, and were "deemed approved" pursuant to California Government Code section 65964.1 (the "Crown Castle Letter"). E. WHEREAS, on or about April 25, 2018, the City filed an action seeking judicial review of the alleged deemed approval in the matter of City of Santa Ana v. Crown Castle NG West LLC, Case No. 30-2018-00988490-CU-MC-CJC (the "Action"). On June 22, 2018, the City served the Complaint filed in the Action on Crown Castle. Following two orders extending time for Crown Castle to file a responsive pleading, both granted to allow time for the negotiation of a potential settlement, Crown Castle filed an Answer to the City's Complaint on October 22, 2018, and a First Amended Answer on November 14, 2018. A Case Management Conference for the Action has been set for January 11, 2019. 1129494.1 L/LA 377510-00002/12-19-1 gMm/bsb