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HomeMy WebLinkAboutContracts & Agreements_37-1995_CCv0001.pdf COMPROMISE, SETTLEMENT AND RELEASE AGREEMENT This COMPROMISE, SETTLEMENT AND RELEASE AGREEMENT (The "Agreement") is entered into by and between the CITY OF REDLANDS, a California municipal corporation, (hereinafter "City"), and the CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole. The parties are sometimes referred to collectively within this document, they are referred to as the "Parties." RECITALS A. A dispute has arose between the Parties with respect to certain development and impact fees (the "Fees") in connection with the Church's building project located at 1021 East Pioneer, Redlands, California (the "Dispute"). B. The Dispute regards the justification for Fees totaling $84,915.20. C. The City asserts that the Fees imposed were valid and justified in their entirety and complied with the provisions of the California Government Code and the California and United States Constitutions, and by entering into this Agreement makes no admission otherwise. D. The Church asserts that the Fees imposed were partially invalid under the provisions of the California Government Code and the California and United States Constitutions, and by entering into this Agreement makes no admission otherwise. E. The Parties desire that the Dispute be terminated and resolved without further administrative or legal proceedings. NOW, THEREFORE, in consideration of the covenants contained herein, the Parties agree as follows: AGREEMENT A. RECITALS. The recitals set forth above are incorporated herein by reference and made a part of the Agreement between the Parties. B. MTTLEMENT TERMS. 1. Total payment by the Church in full settlement and satisfaction of all existing Fees imposed upon it by the City for the Church's building project shall be the sum of $52,651.15, which is comprised of two parts. Of this sum, $47,651.15 has already been paid by the Church to the City. Payment of the remaining amount of $5,000.00 shall be made by the Church upon execution of this Agreement in full settlement and in accord and satisfaction of all Fees. 2. The City shall issue a permanent Certificate of Occupancy to the Church and shall not further assess Fees, pursuant to existing permits, against the Church's building project. 3. Except as specifically provided herein, the Parties hereby release and discharge each other and their respective officers, administrators, assigns, agents, servants, stockholders, employees, representatives and successors from causes of action -2- for legal or equitable relief the Parties might have arising from the subject matter described in the recitals hereinabove. 4. Except as herein expressly excluded, the parties fully understand and expressly waive any rights or benefits available to them under the provisions of § 1542 of the Civil Code of California which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him, must have materially affected his settlement with the debtor. C. ATTORNEY'S FEES. 1. The Parties to the Agreement shall bear all attorneys' fees and costs arising from their own counsel in connection with this Agreement and the matters made reference to herein. 2. The Parties herein expressly exclude from the operation of paragraph 1 above attorney's fees which may be incurred in the enforcement of this Agreement or in any claims for damages arising therefrom. As to any such action, the prevailing party shall be entitled to attorneys' fees and costs of suit from the other party. D. REPRESENTATION BY COUNSEL Each of the Parties has been represented by counsel in entering into this Agreement. Each of the Parties affirms to the other that it has consulted and fully understands the legal effect of the terms of the Agreement. -3- E. ENTIRE AGREEMENT. The Agreement contains the entire agreement between the Parties. F. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original. Such counterparts, when taken together, shall constitute but one agreement. G. AUTHORSHIP. Each of the Parties have participated in the drafting of this Agreement and the Agreement shall not be construed against any party by reason of authorship. Dated: May 11 1995 CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole By: Its: Author i zeAqent Dated: May 16 1995 CITY OF REDLANDS, a California ATTEST: municipal corporation I We�l By: L ze(F Lorrieer�'�, ij trkIts: Mayor -4-