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DocuSign Envelope ID: 31399AME-11 B94253-A936-5A95508756C9 A-2 02 3-15 3 INSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK DATE: SETTLEMENT AGREEMENT O: Eftoco) This Settlement Agreement (the "Agreement") is entered into as of August 28, 2023, by C,,,,,,i w .r and between plaintiff Micah's Way ("MW") and defendant City of Santa Ana (the "City") 3' [hereinafter, MW and the City shall be collectively referred to as the "Parties" and/or individually as a "Party"]. RECITALS m NA. MW is an all -volunteer, non-profit organization that, since its formation in 2005, has been engaged in Christian ministry in providing a variety of offsite and offsite charitable services to cn persons in need, including individuals who are impoverished, downtrodden, disabled, and/or c.0 housing insecure. B. For nine years from 2005 to 2016, MW's headquarters, i.e., its Resource Center, was located on 17th Street in Santa Ana. In or about May 2016, MW relocated its Resource Center to 1517 E. 4th Street in Santa Ana, which consists of a one-story, single-family residential structure that has been converted for office use (the "Property"). The Property is located within the City's "Professional" zoning district (the "Professional District"). MW currently leases the Property from its owner. C. The charitable services MW currently provides onsite at its Resource Center include ID vouchers; assistance in obtaining birth certificates; mailing address and mail collection for pick- up; hygiene materials; clothing; bus passes; hotel/motel vouchers; tuition assistance for children from low-income families; counseling; and other general outreach and referral services. MW also provides offsite charitable services, including assistance for persons released at night from the Orange County jail and the delivery of boxes of food to low-income families or individuals who are housed. The services generally described in this Recital C, which is not intended to be an exhaustive list of such services, shall collectively be referred to as MW's "Charitable Services." D. In connection with providing persons who visit its Resource Center with one or more of the Charitable Services described above, MW also provides any such visitors who are hungry or thirsty with something to eat or drink, such as snack food items (muffins, pastries, fruit, etc.) and beverages (coffee, juice, water, etc.). Likewise, MW may occasionally provide canned goods and other food items to persons who come to the Resource Center in need of food and have a vehicle to transport the food goods. The food distribution services generally described in this Recital D constitute part of MW's Charitable Services, but, for purposes of this Agreement, such services shall collectively be referred to as MW's "Incidental Food Activities." E. On December 27, 2021, and again on February 2, 2022, MW applied to the City for a Certificate of Occupancy ("COO") to use and occupy the Property as MW's Resource Center. By letter of June 7, 2022, the City denied MW's second COO application on the grounds that (1) MW was engaged in food distribution activities as one of its primary uses of the Property and (2) food distribution is an unpermitted use in the City's Professional District.