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INSURANCE NOT REQUIRED <br />WORK MAY PROCEED A-2021-254 <br />CLERK OF COUNCIL <br />DAT5 SETTLEMENT AGREEMENT AND <br />�6� ) <br />/�M\ RELEASE OF ALL CLAIMS <br />0'. Goo eSe 1. J <br />This Settlement Agreement and Release of All Claims (hereinafter "Agreement") is made <br />and entered into by and between CITY OF SANTA ANA, a charter City and municipal <br />D corporation (the "City" and/or "Petitioner"), and DEUTSCHE BANK NATIONAL TRUST <br />Z COMPANY AS TRUSTEE FOR HARBORVIEW MORTGAGE LOAN TRUST 2007-2, a <br />national banking association; GOLDEN STATE FINANCE AUTHORITY, a California Joint <br />co Powers Authority; CALIFORNIA MUNICIPAL FINANCE AUTHORITY, a Joint Powers <br />�v <br />ro Authority; ARVEST CENTRAL MORTGAGE COMPANY, a mortgage servicer (hereinafter <br />collectively referred to as "Respondents"). Petitioner and Respondents are also collectively <br />referred to as "the Parties" herein or individually as a "Party." <br />WITNESSETH: <br />WHEREAS, the City is a city organized under the laws of the State of California, with a <br />duty and interest in protecting the public health, safety, and welfare within the city; and <br />WHEREAS, the Respondent Deutsche Bank National Trust Company as Trustee for <br />Harborview Mortgage Loan Trust 2007-2 ("Property Owner" and/or "Respondent Deutsche <br />Bank") is the current owner of property located at 2901 W. Lingan Lane, Santa Ana, California, <br />identified as Assessor's Number 109-693-12 (the "Property"); and <br />WHEREAS, Petitioner filed an action against Respondents, in the Superior Court of the <br />State California, County of Orange, Central Justice Center District known as CITY OF SANTA <br />ANA V. DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR <br />HARBORVIEW MORTGAGE LOAN TRUST 2007-2, et al., Case No. 30-2021-01233313-CU- <br />PT-CJC (the "Action"). The City's Action in this petition includes a prayer for the Court to <br />appoint a receiver to take possession and control of the Property pursuant to California Health <br />&Safety section 17980.7(c) and bring the Property into compliance with the law, attorneys' fees <br />and costs, and for other equitable relief against Respondents; and <br />WHEREAS, Thien Phuong Pham, an individual ("Buyer"), intends to acquire the <br />Property from the Property Owner, will assume all liabilities and claims associated with the <br />Action and will bring the Property into compliance with State laws and City of Ana Municipal <br />Codes; and <br />WHEREAS, Buyer has agreed, by executing a Compliance Agreement (as defined in <br />paragraph 2 below), to pay the City's staff time, reasonable attorney's fees, and abatement costs <br />and make a charitable donation as a result of this Action; and <br />WHEREAS, this Agreement is conditioned on the Buyer obtaining title to the Property and <br />executing a Compliance Agreement (as defined below) with the City; and <br />WHEREAS, the Parties desire to avoid the expense, inconvenience, and uncertainties of <br />further litigation and, therefore, the Parties have agreed, with no admission of liability by any <br />