Laserfiche WebLink
INSURANCE NOT REQUIRED N-2019-147 <br />WORK NIAY PROCEED <br />CLERK OF COUNCIL <br />n"Tc. AUG 1 4 2019 <br />Lc, (0) <br />SETTLEMENT AND MUTUAL RELEASE AGREEMENT <br />This Settlement and Mutual Release Agreement (hereinafter "Agreement') is made and <br />entered into by and between CITY OF SANTA ANA ("City"), on the one side, and Property <br />Owner, MAIN STATE LLC, a California Limited Liability Company (herein referenced as <br />"Property Owner"), on the other side. City and Property Owner are sometimes individually <br />referred to herein as a "Party" and collectively referred to herein as the "Parties." <br />This Agreement is made with reference to the following facts: <br />RECITALS <br />A. WHEREAS, the City of Santa Ana is a city organized under the laws of the State <br />of California, with a duty and interest in protecting the public health, safety, and welfare within <br />the city; <br />B. WHEREAS, Property Owner is the current owner of property located at 1327 N. <br />Main Street, Santa Ana, California (the "Property"); <br />C. WHEREAS, the City has taken extensive action against the Property due to <br />numerous longstanding violations of the Santa Ana Municipal Code (SAMC) and other adopted <br />codes. Specifically, the Property has been extensively modified without building permits, <br />inspections, or approvals, and has been used as an illegal marijuana dispensary facility. Based on <br />these violations, the City has declared the property to be a public nuisance. Pursuant to the Santa <br />Ana Municipal Code and authorized by a court -issued warrant, the City has installed security <br />doors and screens throughout the property and retained security guards to prevent further access <br />in order to temporarily abate the public nuisance. In addition, the City has issued a Notice and <br />Order against the property, pursuant to the SAMC and other adopted codes <br />D. WHEREAS, the Parties desire to avoid the expense, inconvenience, and <br />uncertainties of further litigation and, therefore, the Parties have agreed, with no admission of <br />liability by any Party, to enter into a complete and final settlement of all disputes, Claims (as <br />defined in paragraph 4 below), and differences between them; and <br />NOW THEREFORE, IN CONSIDERATION of the above recitals, the covenants, <br />conditions, and agreements made herein by the Parties, and other good and valuable <br />consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as <br />follows: <br />Page I of 7 <br />