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<br />SETTLEMENT AGREEMENT
<br />This Settlement Agreement ("Agreement") is entered into by the City of Santa Ana
<br />("City"), on the one hand, and The Russell Fischer Partnership, LP ("RF"), on the other hand
<br />(collectively "Patties," or individually "Party"),
<br />RECITALS
<br />A. The Parties are presently engaged in litigation, titled Santa Ana Needs Equity
<br />vs, the City gl'Santa Ana., Orange County Superior Court, Case Nos, 30-2019-01104316-
<br />CU-WM-CXC and 30-2019-01113224-CU-WM-CXC ("Litigation"), In the Litigation,
<br />plaintiffs and petitioners Santa Ana Needs Equity, William Conklin, Karina Rangel Conlin
<br />and Yoon I-Iee Choe (collectively, "Plaintiffs") have filed suit against Defendants and
<br />Respondents City, its City Council and its Plarming Commission (collectively,
<br />"Defendants") and against Real Party in Interest RF (erroneously named as Russell Fischer
<br />LP), including erroneously named third parties Chase Russell, Richard Keith Finkel, Bundy -
<br />Finkel Architects (collectively, "Real Parties").
<br />B. In Plaintiffs' Verified First Amended and Supplemental Petition and
<br />Complaint ("Complaint"), Plaintiffs allege three causes of action against the Defendants,
<br />based upon the City's approval of RF's applications for an automated car wash, fuel station
<br />and convenience store ("2019 Project"). Plaintiffs allege a fourth cause of action against the
<br />Defendants, alleging that the City violated the California Public Records Act. Defendants
<br />and Real Parties deny the allegations in the Complaint.
<br />C. In 2018, the City issued approvals to authorize RF's development of a multi -
<br />tenant commercial building with ancillary drive -through service, service station and
<br />convenience store (collectively, "2018 Project"). The approvals issued by the City for the
<br />2018 Project included a Mitigated Negative Declaration, General Plan Amendment, Zone
<br />Change, Conditional Use Permit ("CUP") and Variance (collectively, "2018 Approvals").
<br />D. In 2019, due to changes in the economy, RF submitted new development
<br />applications to the City. The City issued approvals to authorize development of the 2019
<br />Project. The approvals issued by the City for the 2019 Project included two CUPS, an
<br />amended variance and a Class 32 CEQA Exemption (collectively, "2019 Approvals"),
<br />E. Pursuant to the conditions of approval on the 2019 Approvals, RF is required
<br />to indemnify, defend and hold harmless the City, its officers, employees, volunteers, and
<br />agents from any and all liability demands, claims, actions or proceedings concerning the
<br />2019 Project Approvals, and any alleged action or inaction by the City, any advisory
<br />agency, appeal board or legislative body, including action approved by the voters of the
<br />City. RF's indemnity obligation under this condition of approval includes indemnifying the
<br />City for all attorneys' fees and costs associated with the Litigation. To that end, the City
<br />and RF have entered into a Joint Nondisclosure, Indemnity and Litigation Defense
<br />55394,00057\332,19071.3
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