1901 E. FIRST STREET OWNER, LLC - Laserfiche WebLink

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H. The District filed a cross -petition for writ of mandate in the Action challenging the Hearing Officer's decision ("District Petition"), The City was named a Respondent in the District Petition, and 1901 was named Real Party in Interest. I. The District filed a special motion to strike pursuant to California Code of Civil Procedure seeking dismissal of the Tort Claims in the 1901 Petition. Following briefing by the Parties and a hearing, the trial court granted the District's motion and dismissed the Tort Claims by ruling dated December 21, 2015, ("Anti-SLAPP Ruling"). 1901 appealed the Anti-SLAPP Ruling, and the matter is currently pending before Division 3 of the 4th Appellate District of California (Case No. G053201, the "Anti-SLAPP Appeal"). J. Following consolidated briefing and a hearing on the remaining causes of action stated in the 1901 Petition, and all causes of action in the District Petition, on September 12, 2016, the trial court issued a decision and judgment in favor of the District and against 1901 on all causes of action (the "Judgment"). K. 1901 appealed the Judgment, and the matter is currently pending before Division 3 of the 4th Appellate District of California (Case No. G054086, the "Judgment Appeal", and jointly with the "Anti-SLAPP Appeal" simply the "Appeals"). L. On September 21, 2016, 1901 filed a complaint against the City captioned 1901 First Street Owner LLC v. City of Santa Ana (Case No. 30-2016-00876616-CU-CR-CJC) (the "Second Action"). M. The Parties wish to finally settle, resolve, and compromise all disputes and controversies existing between them arising out of and/or relating to, without limitation: (a) the Administrative Appeal; (b) the Action; (c) the Appeals; (d) the Second Action (cumulatively the "Disputes"), and (e) any other facts, claims, demands, or causes of action existing as of the execution date of this AGREEMENT and relating to or arising from the Disputes, whether known or unknown. The Parties wish to avoid incurring the further cost, expense, and disruption that would come with prosecuting and defending the Disputes, and the Parties intend to achieve a full and complete settlement of all issues and claims involving each other relating to and arising from the Disputes. NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual covenants set forth below, the Parties agree as follows: AGREEMENT 1. Recitals. The recitals set forth in paragraphs A through M are true and correct and are hereby fully incorporated by reference into this AGREEMENT. 2. Effective Date. The Effective Date of this AGREEMENT shall be the date on which this AGREEMENT is fully executed by all of the Parties. 3. No Precedent. This AGREEMENT is in no way intended, and shall in no way be construed, to restrict rights guaranteed to the City under local, state, and/or federal law, rule,