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MUNSELL, JEANNE M.
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MUNSELL, JEANNE M.
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Last modified
5/16/2023 8:34:03 AM
Creation date
5/16/2023 8:24:28 AM
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Contracts
Company Name
MUNSELL, JEANNE M.
Contract #
N-2023-113
Agency
City Attorney's Office
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Dow&gn Envelope ID: A5414ED5-93ED-4AAA-A317-1ABE1 FC7AFIF <br />COMPLIANCE AGREEMENT <br />This Compliance Agreement (hereinafter "Agreement") is made and entered into on this <br />day of May _, 2023 ("Effective Date") by and between CITY OF SANTA ANA, a charter <br />City and municipal corporation, (hereinafter "City"), and Sergio Becena Casillas, an individual <br />(hereinafter "Buyer"). City and Buyer are also collectively referred to as "the Parties" herein. <br />RECITALS <br />WHEREAS, the City of Santa Ana has determined that the property located at 930 N. <br />Dianne Street, Santa Ana, California 92701, identified as Assessor's Parcel Number 400-163-13 <br />(the "Property") to be a public nuisance and is being maintained in violation of the Santa Ana <br />Municipal Code ("SAME"), requiring immediate rehabilitation and/or repairs; and <br />WHEREAS, on December 2, 2021, the City filed a receivership petition against the <br />property owner, JEANNE M. MUNSELL (hereinafter "Respondent Munsell" and/or "Property <br />Owner"), and the following parties: BANK OF AMERICA, NATIONAL ASSOCIATION, a <br />national banking association; OCWEN LOAN SERVICING, LLC, Delaware Limited Liability <br />Company; SELECT PORTFOLIO SERVICING, INC., a Utah Corporation; DEUTSCHE BANK <br />NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED <br />HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE6, MORTGAGE <br />PASS THROUGH CERTIFICATES, SERIES 2006-HE6, a national banking association, SOLAR <br />CITY CORPORATION, a Delaware Corporation; TESLA, INC.; a Delaware Corporation <br />(hereinafter collectively referred to as "Respondents"), in the Superior Court of the State <br />California, County of Orange, Central Justice Center District known as CITY OF SANTA ANA V. <br />JEANNE M. MUNSELL, et al., Case No. 30-2021-01234505-CU-PT-CJC (the "Action"). The <br />City's Action in this petition includes a prayer for the Court to appoint a receiver to take <br />possession and control of the Property pursuant to California Health & Safety section 17980.7(c) <br />and bring the Property into compliance with the law, attorneys' fees and costs, and for other <br />equitable relief against Respondents; and <br />WHEREAS, Respondent Munsell intends to sell and distribute the Property to Buyer, and <br />Buyer intends to purchase and acquire the Property from Respondent Munsell. Buyer understands <br />and agrees that it will assume all liabilities and claims associated with the Action; and <br />WHEREAS, Buyer acknowledges that the Property contains multiple SAMC violations, <br />which are the subject to the pending Action and understands and acknowledges that these <br />violations must be abated in order for the Property to be brought into compliance; 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, Respondent Munsell has entered into an <br />agreement with City to settle the Action as set forth in Exhibit A attached hereto and incorporated <br />herein by this reference ("Settlement Agreement"); and <br />1 <br />
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