21-1101_COTTON, JEFFREY AND SHANNON_Notice re Assignment of Cotton Settlement Agreement (No. 5)23325184.1
November 1, 2021
Via Email and Mail
Jeffrey and Shannon Cotton
28801 San Juan Creek Road
San Juan Capistrano, California 92675
Re: Notice of City of San Juan Capistrano’s Assignment of Cotton Settlement
Agreement to Santa Margarita Water District
Dear Jeffrey and Shannon Cotton,
This letter notifies you (the “Cottons”) that the City of San Juan Capistrano
(“City”) has assigned to Santa Margarita Water District (“SMWD”) the City’s rights,
title, and interest in the following agreements:
(1)The September 27, 2016 Settlement, Mutual Release and Well Sharing
Agreement entered into between the City and the Cottons, which fully
resolved litigation pending in the Orange County Superior Court (Case No.
30-2015-00778655-CU-BC-JC) between the Cottons and the City (the “2016
Agreement”); and
(2)The October 31, 2017 Addendum to the Cotton Agreement (the “Cotton
Addendum”). (The two agreements are collectively referred to herein as the
“Cotton Agreement.”)
23325184.1
Jeffrey and Shannon Cotton
October 27, 2021
Page 2
This letter further notifies the Cottons that SMWD has accepted the assignment of
the City’s rights, title, and interest in, to, and under the Cotton Agreement.
Sincerely,
Benjamin Siegel Charles T. Gibson
City Manager President of Board of Directors
City of San Juan Capistrano Santa Margarita Water District
cc: Dan Ferons, General Manager, Santa Margarita Water District
Edward Casey, Special Counsel, Santa Margarita Water District
Steve May, Project Manager, Public Works and Utilities, City of San Juan
Capistrano
Stephanie Hastings, Special Counsel, City of San Juan Capistrano