ORGERON, FRED & BRENDA AS TRUSTEES OF OREGERON FAMILY TRUST - 2013

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r^? N N i 4 ?r 4 V GJ A-2013-089 SETTLEMENT AGREEMENT AND GENERAL RELEASE This Settlement Agreemenj_andCgeneral Release (hereinafter "Agreement") is entered into as of the c9 I 4?A day of N14,? M, for reference purposes only, by and between FRED ORGERON and BRENDA ORGERON, as Trustees of the Orgeron Family Trust, and CREIGHTON D. HUNTER and BETTY A. HUNTER, as Trustees of the Creighton D. Hunter and Betty A. Hunter Family Trust, (collectively the "Trustees"), and the CITY OF SANTA ANA, a charter law city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter, "CITY"). The Trustees and City are sometimes referred to jointly as the "Parties." RECITALS WHEREAS, CITY is undertaking a transportation improvement project generally identified as the Bristol Street Widening Project (the "Project") which is intended to advance public safety and convenience by decreasing traffic congestion through the widening of Bristol Street between First and Fourth Streets in the City of Santa Ana; WHEREAS, CITY purchased real property located at 1249 West First Street, Santa Ana, California 92703, APN 0008-131-33 (the "Subject Property") in fee simple on August 15, 2005 from Trustees; WHEREAS, a Memorandum of Contract of Sale and Purchase of Property regarding Parties' sale of Subject Property was recorded on September 20, 2005 in the Official Records of the County of Orange; WHEREAS, CITY has been in continuous possession of the Subject Property and completed improvements on said property including widening of the intersection at its location and hardscape and landscape additions; WHEREAS, Trustees have claimed ownership of the Subject Property on the basis of City's failure to fully perform under the contract for sale and have failed and refused to issue a deed to the property; WHEREAS, CITY disputes Trustees claims and thus filed a Complaint to Quiet "Title and Declaratory Relief naming Trustees as Defendants on February 13, 2013 (Case No. 30-2013- 00630844) in the Superior Court of California; WHEREAS, the Parties wish to avoid the cost of litigation, and instead, resolve any and all disputes, issues and claims resulting from or arising out of the activities of City stemming from the Project and acquisition of Subject Property including Case No. 30-2013-00630844; WHEREAS, the Parties wish to resolve this matter in a manner that is mutually beneficial to both Parties; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: reference. The recitals set forth above are true, correct and incorporated herein by this 2. This Agreement is subject to execution by the CITY and shall become binding and effective as of the date of said execution, 3. City will pay to the Trustees one lump sum payment in the amount of Five