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DocuSign Envelope ID: 1FF13304-6EDF4069-A4D4-44F9732C6FE8 N-2023-232 INSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK DATE: SETTLEMENT AND MUTUAL RELEASE AGREEMENT 0• Mo -0- �J 1`40 14YA This Settlement and Mutual Release Agreement (hereinafter "Agreement") is made and entered N into by and between City of Santa Ana ("City"), on the one side, and Property Owner, McFadden cw Shopping Center, a California limited partnership (herein referenced as "Property Owner"), on the a"} other side. City and Property Owner are sometimes individually referred to herein as a "Party" and collectively referred to herein as the "Parties." a w N This Agreement is made with reference to the following facts: RECITALS A. WHEREAS, the City of Santa Ana is a city organized under the laws of the State of California, with a duty and interest in protecting the public health, safety, and welfare within the city; B. WHEREAS, Property Owner is the current owner of property located at 1210 E. McFadden Avenue Unit B Santa Ana, CA 92705 (the "Property"); C. WHEREAS, on December 23, 2020, the Santa Ana Police Department executed a search at the Property to thwart an alleged illegal gaming establishment. The City also discovered that the Property had allegedly been modified without building permits, inspections, or approvals and red tagged the Property. Based on alleged illegal gambling in a MI Zone and lack of business license and required certificate of occupancy, the City declared the property to be a public nuisance and issued a Notice and Order against the property, pursuant to the SAMC and other adopted codes; D. WHEREAS, in or around October 2021, the City imposed a special nuisance abatement assessment in the amount of $10,931.09 relating to the foregoing ("Assessment"), and the Orange County Tax Collector sent Property Owner a 2021-22 Property Tax Bill including that Assessment; E. WHEREAS, on or about October 18, 2021, Property Owner paid the Property Tax Bill, including the Assessment; F. WHEREAS, the City thereafter received from the County payment in the amount of the Assessment; G. WHEREAS, Property Owner thereafter objected to the Assessment and submits he is entitled to a refund of the same pursuant to Revenue & Taxation Code section 5140 and other applicable law; and G. WHEREAS, the Parties desire to avoid the expense, inconvenience, and uncertainties of further litigation and, therefore, the Parties have agreed, with no admission of liability by any Party, to enter into a settlement agreement to resolve all disputes, Claims (as Page 1 of 6