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A-2013-050 <br />SETTLEMLNT AGREEMENT .AND GENERAL RELEASE <br />I his Settlement Agreement and General Release ("Agreement") is entered into as ofthe <br />dae of March, 2013. for reference purposes only, by and between Sage Restaurant <br />Group, LLC and Sonny Sasspal, individually and as a principal of sage Restaurant Group, LLC <br />(collectively the "Business Owm,rs") and the City of Santa Ana, a charter law city and municipal <br />corporation ("City"). The Busim ss Owners and City are vinctuncs rcten'ed tojointly as the "Parties." <br />RF.CLTALS <br />WI IFREAS, CI"fY is undertaking a transportation improvement project generally identified as <br />the Grand Avenue Widening Project (the "Project") which is intended to advance public safety and <br />convenience by decreasing tniftic congestion through the widening of'Orand Avenue between <br />First and I;ourth Streets in the City ot.Sania Ana: <br />WHEREAS, CITY (tirc?1R.%Ld A.ssesx)r Parcel Nos. 398-45412 and ')98-454-13. which <br />properly is improved by a comn'-ercial retail building and parking lot located at 1221 East First Street. <br />City of Santa Ana. Cakfirrnia 92 7()l (the "Subject Property"): <br />WHE.RFAS, the Business Owners arc currently in possession ofa portion of the Subject <br />Properly commonly describec as 1221 Fast First Street. Strata Ana. California 93701 (the <br />"Leased Premises'); <br />WHEREAS, the Business Owners operate a Suhway restaurant on the Leased Premises <br />identified as Subway # 3110' (the "Business")_ <br />WHEREAS the consa.iction and use afthe Pr0je0 in the manner proposed may disrupt <br />ingress and egress to and par-kii far the Leased Premises causing the Planes to conclude that the <br />Business will not be viable during and alier the construction and use of Cl FY's Project. <br />WH F,REAS the Partic i wish to avoid the cost oflltigation and, instead, resolve Nty and all <br />disputes. issues and claims re?ultutg from or arising out of the activities of CITY stenurung from the <br />Project, the termination o fthe lease to the I eased Premises. the timing of possession and the <br />relocation of the Business a, more particularly described in the release section ol'this <br />Agreement: <br />W1 IFREAS, the Pari ies wish to resolve this matter in a manner that is mutually <br />beneficial to loth Parties; <br />NOW, I H7::REFORE 1 1 IS 111iRFBY AGREED AS FOLLOWS: <br />The recitals !et forth above are true, correct and incorporated herein by this <br />reference. <br />3612:25.2