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INSURANCE NOT REQUIRED <br />WORK MAY PROCEED <br />CITY CLERK <br />DATE, <br />a.06A-(A1, P)o-,� <br />JOINT NONDISCLOSURE, INDEMNITY AND <br />LITIGATION DEFENSE AGREEMENT <br />N-2023-152 <br />This Joint Nondisclosure Indemnity, and Litigation Defense Agreement ("Agreement") is <br />made and entered into this �-day of May, 2023, by and between the City of Santa Ana, <br />' California and the City Council of the City of Santa Ana (collectively, the "City"), and Garry <br />cc Owners, LLC and Greenlaw Partners, LLC (collectively, "Real Party"). The City and Real Party <br />are sometimes referred to herein individually as a "Party" and collectively as the "Parties." <br />Recitals <br />A. The City is a charter city and municipal corporation situated in the County of <br />Orange in the State of California. <br />B. Real Party desires to develop a warehouse distribution facility at the property <br />located at 1700, 1720, and 1740 East Gary Avenue in the City of Santa Ana ("Project'), and to <br />that end, Real Party proposed and sought entitlements for the Project from the City. <br />C. Real Party filed applications with the City to develop the Project. Specifically, <br />Real Party sought approval of (1) Conditional Use Permit No. 2022-14 and (2) Amendment <br />Application No. 2022-01 to change the zoning designation of the subject property from <br />Professional (P) to Light Industrial (MI) in order to facilitate the construction of a 91,500 square <br />foot industrial warehouse and distribution building. <br />D. On October 10, 2022, at a duly noticed public hearing, the Santa Ana Planning <br />Commission voted unanimously to adopt a Resolution approving Conditional Use Permit No. <br />2022-14 and to recommend that the City Council adopt an ordinance approving Amendment <br />Application No. 2022-01. <br />E. On or about October 19, 2022, Melinda Luthin of Melinda Luthin Law, on behalf <br />of Garry Plaza Office Park Association, manager of the property and business condominium <br />project at 1800 and 1820 Garry Avenue, submitted Appeal Application Nos. 2022-01 and 2022- <br />02 for Conditional Use Permit No. 2022-14. <br />F. On December 20, 2022, at a duly noticed public hearing, the Santa Ana City <br />Council adopted Resolution No. 2022-107 denying Appeal Application Nos. 2022-01 and 2022- <br />02 and upholding the determination of the Planning Commission to approve Conditional Use <br />Permit No. 2022-14 to allow a distribution facility at 1700, 1720, and 1740 East Garry Avenue. <br />G. On January 17, 2023, the City Council adopted Ordinance No. NS-3036 approving <br />Amendment Application No. 2022-01 amending the zoning map for the property located at 1700, <br />1720, and 1740 East Garry Avenue from Professional (P) to Light Industrial (MI). <br />H. On March 20, 2023, Garry Plaza Office Park Association and William Stevens, <br />Trustee of the Wm Stevens Separate Property Trust CTlaintiffs/Petitioners") filed a lawsuit in the <br />Orange County Superior Court entitled Garry Plaza Office Park Association & William Stevens, <br />Trustee of the Wm Stevens Separate Property Trust v. City of Santa Ana, Case No. 30-2023- <br />01314927-CU-WM-NJC, which challenges the City's approval of Conditional Use Permit No. <br />Page 1 of 11 <br />