1901 E. FIRST STREET OWNER, LLC - Laserfiche WebLink

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A-2017.106 SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS LU ii' This SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS a5 ca n (hereinafter referred to as the "AGREEMENT") is made and entered into by and between the w Q[7 CCa p City of Santa Ana (hereinafter referred to as "City"), and 1901 First Street Owner, LLC L� ("1901"). At times hereinafter, 1901 and the City are collectively referred to herein as "the a -LI � e Parties" and individually as a "Party." RECITALS A. 1901 is the developer of a 264 multi -family apartment development located in the City of Santa Ana ("Project"). B, Following the City's approval of 1901's Project, a dispute arose between the City, 1901, and Tustin Unified School District (the "District") pertaining to the amount of school impact fees due on the Project, and specifically the City's calculation of "assessable space" included within the Project, C. Under Education Code Section 17620, the governing board of any school district is authorized to levy a school impact fee on the "assessable space" of any construction within the boundaries of the district, and the formula for determining "assessable space" is contained in Government Code Section 65995, D. Government Code Section 65995 requires the building dcpartment of the city or county in which the proposed development is located to calculate the square footage of the assessable space included within a proposed development project, and thereafter provide such determination to the applicable school district for the levying of the school impact fee. E. When the City revised its original calculation of assessable space, and determined that the Project included more assessable space than initially stated, 1901 paid the Project's school impact fees based on the increased assessable space to the District under protest, and thereafter filed an appeal under Chapter 3 of. the City's Municipal Code ("Administrative Appeal"). F. A hearing was held by the City's Hearing Officer to consider 1901's appeal, in which the Hearing Office granted 1901's appeal, and directed the District to refund the excess school fees back to 1901. G, Following the District's refusal to refund excess school fees as directed by the Hearing Officer, 1901 filed a petition for writ of mandate and complaint in the Orange County Superior Court (Case No, 30-2015-00803234-CU-WM-CJC), captioned 1901 First Street Owner, LLC v. Tustin Unified School District (the "Action") asserting five (5) causes of action against the District including a petition for writ of mandate, declaratory relief, and three (3) tart claims for economic interference (the "Tort Claims", and cumulatively with all causes of action the "1901 Petition"). The City was named Real Party in Interest in the 1901 Petition.