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JAI 0 7 2025
<br />0, CAL) (0
<br />P"'44 pvwwa (,sr-)
<br />SETTLEMENT AND RELEASE AGREEMENT
<br />A-2024-218
<br />This Settlement and Release Agreement (the "Agreement") is entered into as of
<br />December 20, 2024 ("Effective Date"), by and between Santa Ana Citizens for
<br />Responsible Development, an unincorporated association of concerned residents
<br />("Petitioner") and AC 2525 Main LLC, a Delaware limited liability corporation ("AC
<br />2525"), and the City Council of the City of Santa Ana, and the City of Santa Ana, a
<br />Charter City and California municipal corporation (collectively, the "City"). Petitioner, AC
<br />2525, and City are collectively referred to herein as the "Parties," or singularly as
<br />"Party."
<br />RECITALS
<br />A. WHEREAS, AC 2525 proposed the Magnolia at the Park in the City of
<br />Santa Ana, which includes the demolition of an existing office building and development
<br />of a 256-unit multi -family residential development with associated parking, located at
<br />2525 N. Main Street, Santa Ana, California ("Property"). AC 2525 also proposed to
<br />create a second parcel to accommodate a 180-space surface level parking lot with
<br />proposed use by both AC 2525 and Discovery Science Center.
<br />B. WHEREAS, the City prepared a Draft Environmental Impact Report, Final
<br />Environmental Impact Report, and Clarifications to the Final Environmental Impact
<br />Report for the Magnolia at the Park Project on the Property (collectively the "Final EIR")
<br />On November 19, 2019, the City Council adopted Resolution 2019-107, certifying the
<br />Final EIR.
<br />C. WHEREAS, Petitioner filed its Petitioner for Peremptory Writ of
<br />Mandate/Mandamus and Complaint for Declaratory Relief (the "Petition") in Orange
<br />County Superior Court alleging that the City, City Council, and AC 2525 violated the
<br />California Environmental Quality Act ("CEQA"), as well as other state and local law rules
<br />and regulations. Petitioner filed an Amended Petition on May 26, 2020, challenging all
<br />project approvals received by the AC 2525 ("Amended Petition").
<br />D. WHEREAS, on April 6, 2020, a referendum petition regarding the non-
<br />CEQA project approvals was certified to have sufficient signatures by the Orange
<br />County Registrar of Voters. Thereafter, on May 5, 2020, the Santa Ana City Council
<br />repealed the zoning approvals of the Magnolia at the Park Project.
<br />E. WHEREAS, AC 2525 challenged the acceptance of the referendum in a
<br />separate action, which was heard on September 22, 2020. The Orange County
<br />Superior Court issued its ruling on the writ petition on October 8, 2020, where it denied
<br />the petition and held the referendum filed on Monday, February 24, 2020, was timely.
<br />F. WHEREAS, the Parties entered into a conditional settlement agreement,
<br />dated March 26, 2021 ("Settlement Agreement") regarding the Amended Petition,
<br />wherein AC 2525 was to provide residential development plans on the Property to
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