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N-2021-161 <br />AUG T r, ?0'79 <br />p . Ciro 0) C Rr> <br />W444 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 Owner, <br />Gildred Development Company Corporation dba Warner Fairview Business Park, a limited <br />liability company (herein referenced as "Property Owner"), on the other side. City and Property <br />Owner are sometimes individually referred to herein as a "Party" and collectively referred to herein <br />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 2223 S. <br />Huron Drive, Santa Ana, CA 902704 (the "Property"); <br />C. WHEREAS, On March 2, 2021, the Santa Ana Police Department executed a <br />search warrant at the Property to thwart an illegal gaming establishment. The City also <br />discovered that the Property had been modified without building permits, inspections, or <br />approvals. Based on illegal gambling in a MI Zone and lack of business license and required <br />certificate of occupancy, the City declared the property to be a public nuisance and issued a <br />Notice and 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 settlement agreement to resolve all disputes, Claims (as <br />defined in paragraph 4 below), and differences between them related to the costs incurred by the <br />City in lawfully abating the illegal gaining establishment at the Property. <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 1 of 5 <br />