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�DocuSign Envelope ID:6BDE4B89-79B8-46EA-8CDF-7CO3E2572266 N-2021-236 <br /> imunmo <br /> WORK MAY PROUEED <br /> WMOFF <br /> COMPLIANCE AGREEMENT <br /> 0-: efl o( StMovlth )LOO Tr <br /> This Compliance Agreement(hereinafter "Agreement") is made and entered into on this <br /> 0Z3 day of November 2021 ("Effective Date") by and between CITY OF SANTA ANA,a <br /> charter City and municipal corporation, and THE PEOPLE OF THE STATE OF CALIFORNIA, <br /> by the City Attorney for the City of Santa Ana(hereinafter"City"), and 99 SOUTH MLK LLC, <br /> a Nevada limited liability company(hereinafter"Buyer"). City and Buyer are also collectively <br /> referred to as "the Parties"herein. <br /> RECITALS <br /> WHEREAS,the City of Santa Ana has determined the property located at 938 E.2"d Street, <br /> Santa Ana, California, identified as Assessor's Parcel Number 398-473-10 (the "Property") to be <br /> a public nuisance and is being maintained in violation of the Santa Ana Municipal Code <br /> ("SAMC"), requiring immediate rehabilitation and/or repairs; and <br /> WHEREAS, on October 20, 2020, the City filed an action against the property owner, <br /> Flag Trucking, Inc., and its executive officers, Jack McClure and Dolores McClure <br /> (collectively ("Defendants") in the Superior Court of the State California, County of Orange, <br /> Central Justice Center District known as CITY OF SANTA ANA, et al. v. FLAG TRUCKING, <br /> INC., et al., Case No. 30-2020-01166481-CU-MC-NJC (the "Action"). The City's complaint in <br /> the Action includes a prayer for injunctive relief,civil penalties,attorneys'fees and costs,and other <br /> equitable relief against Settling Defendants; and <br /> WHEREAS, Defendants intend to sell the Property to Buyer. Buyer understands and <br /> agrees that it will assume all liabilities and claims associated with the Action; and <br /> WHEREAS, Buyer acknowledges that the Property contains multiple Santa Ana <br /> Municipal Code ("SAMC") violations and understands and acknowledges that these violations <br /> constitute a nuisance and must be abated in order for the Property to be in compliance with the <br /> SAMC; and <br /> WHEREAS,the Parties seek to enter into this Agreement to ensure that Buyer will bring <br /> the Property into compliance with State laws and SAMC; and <br /> WHEREAS, concurrently with this Agreement, Defendants have entered into an <br /> agreement with City to settle the Action as set forth in Exhibit"A"and incorporated herein by this <br /> reference ("Settlement Agreement"); and <br /> WHEREAS,this Agreement is a condition precedent to settle all disputes with Defendants <br /> with respect to the Action; and <br /> WHEREAS,City acknowledges that there are no liens or other encumbrances against the <br /> Property which have been established,generated,or created by City or for the benefit of City,other <br /> than the Notice of Pendency of Action filed at the Orange County Clerk Recorder's Office against <br /> the Property on February 2, 2021. <br /> 1 <br />