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Docusign Envelope ID:9CBEDCE3-696B-4C55-9FC6-3A8DE9663BF9 <br /> certain industrial uses located in the TZC pending adoption of the SD-84 TZC <br /> amendment. Santa Ana adopted moratorium Ordinance NS-3064 on May 21, <br /> 2024. <br /> 3.10 Santa Ana conducted an administrative hearing on Bruce Metal's <br /> appeal on June 18, 2024 with a third-party hearing officer. The hearing <br /> officer issued a ruling upholding the Notice and Order on July 1, 2024. <br /> 3.11 Bruce Metal filed the Action in the Orange County Superior <br /> Court on July 19, 2024. Among the allegations in the Petition and Complaint, <br /> Bruce Metal contends it has a vested legal right to continue its recycling <br /> business as it has since 1974, and its recycling business is a legal non- <br /> conforming use. Santa Ana disagrees, and claims Bruce Metal has no vested <br /> right to conduct the recycling business as it currently exists, and that the <br /> business was never a legal non-conforming use. <br /> 3.12 The Parties participated in a mediation with (ret.) Judge Mary <br /> Strobel on February 5, 2025. At that mediation the parties agreed to settle <br /> the Action on the terms set forth, below. <br /> 3.13 These Recitals are essential, integral, and material terms of this <br /> Agreement, and this Agreement shall be construed with respect thereto. <br /> NOW, THEREFORE, to settle and avoid the risks and costs of <br /> litigation, in consideration of the mutual covenants, promises, and <br /> agreements in this Agreement and for other good and valuable consideration, <br /> the receipt and adequacy of which is hereby acknowledged, the Parties agree <br /> SETTLEMENT AGREEMENT <br /> 5 <br /> 731582500 <br />