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<br />0: Cfro L0(K.4►{ rtlltSM)ETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
<br />This Settlement Agreement and Release (hereinafter "Agreement") is made and entered into
<br />by and between CITY OF SANTA ANA ("City" or "Plaintiff'), on the one side, and Property
<br />Owners, RR SANTA ANA, LP, MOUNTAIN HIGH/ HOLIDAY HILL CORPORATION,
<br />TERRY TOGNAZZINI, PATRICIA TOGNAZZINI, and DANIEL TOGNAZZINI (herein
<br />collectively referenced as "Property Owners" or "Defendants"), on the other side. City and
<br />Property Owners are sometimes individually referred to herein as a "Party" and collectively
<br />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 Owners are the current owners of Property located at 2600
<br />N. Main Street, Santa Ana, California (the "Property") and operators of the Red Roof Inn Santa
<br />Ana motel ("Red Roof') on the Property;
<br />C. WHEREAS, on October 7, 2020, the City filed a Complaint for Injunction to
<br />Abate a Public Nuisance in the Superior Court for the State of California, County of Orange,
<br />entitled City of Santa Ana v. RR Santa Ana LP, et. al, Case No. 30-2020-01164089-CU-MC-CJC
<br />(referenced herein as the "Action"). City's Complaint in the Action includes a prayer for
<br />injunctive relief, civil penalties, attorneys' fees and costs, and other equitable remedies against
<br />Property Owners;
<br />D. WHEREAS, in response to the Action, Property Owners have taken numerous
<br />affirmative actions to abate the nuisance conditions on the Property and ensure that such
<br />conditions do not return;
<br />E. 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 6 below), and differences between them with respect to the Action; 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:
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