HomeMy WebLinkAboutContracts & Agreements_37-1994_CCv0001.pdf SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT is entered into by and among JANE UN
MacDONALD (hereinafter referred to as "MacDONALD") , TOM BRAND
(hereinafter referred to as "BRAND") , and the CITY OF REDLANDS
(hereinafter referred to as "CITY") , for the sole purpose of
resolving certain disputes among them.
WHEREAS, MacDONALD has concerns regarding the environmental
impacts of the proposed fourteen-screen theater and related uses to
be located west of Third Street, east of Eureka Street and south of
shoppers Lane, including traffic and off-street parking; and
WHEREAS, Mac-DONALD has filed an appeal challenging the CITY
Planning commission approval of an Application by BRAND for said
proposed theater and related uses, referred to by CITY as
Conditional Use Permit No. 613 ; and
WHEREAS, CITY has imposed conditions on the approval of said
proposed theater and related uses to mitigate the impacts; and
WHEREAS, CITY and BRAND desire that MacDONALD withdraw her
appeal;
NOW, THEREFORE, in consideration of mutual promises contained
herein, the parties hereto enter into this Settlement Agreement and
hereby agree as follows:
1. MacDONALD shall withdraw her appeal to CITY Conditional
Use Permit No. 613 .
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2. CITY shall refund in full to MacDONALD all appeal fees
heretofore deposited with CITY.
3. BRAND covenants and agrees that neither he nor any party,
associate or entity in which he holds any interest, nor any person
acting on his behalf or with his support and encouragement, shall
file an appeal or protest., or take any action or challenges adverse
to MacDONALD, or any development project or business venture in
which MacDONALD has any interest.
4. CITY agrees to expeditiously process MacDONALD's pending
applications for approval of a theater complex. This includes
using its best efforts to combine the concept plan approval and
conditional use permit approval processes and to carefully complete
and review the environmental documentation to insure it complies in
all respects with the requirements of CITY ordinances and State
laws.
5. This Settlement Agreement is entered into by the parties
for the sole purpose of compromising and settling the matters in
dispute. It does not constitute, nor shall it be construed as, an
admission by either party of the truth or validity of any claims or
defenses asserted. Specifically, no representations as to the
adequacy or inadequacy of the challenges to CITY's approval of the
Conditional Use Permit and adoption of a Negative Declaration in
this matter are made by the parties or can be construed from the
terms of the settlement herein.
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The terms of this Settlement Agreement shall bind
and inure to the benefit cI&I the parties hereto, their heirs, legal
representatives, successors and assigns.
(b) The parties acknowledge that each has had the
opportunity to consult, and has in fact consulted, with legal
counsel to obtain advice as to the meaning and significance of the
terms of this Agreement.
IN WTTNESS WHEREOF, the parties hereto have executed this
Settlement Agreement.
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Dated.
JANE UN MacDONALD
Dated
SOMA RAND
CITY OF D DS
Dated: September 6, 1994
Swen 'Larsen, Mayor
ATTEST:
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y y Clerk
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