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HomeMy WebLinkAboutContracts & Agreements_35-1996_CCv0001.pdf SETTLEMENT AGREEMENT AND GENERAL RELEASE This Settlement and Release Agreement(the "Agreement") is made this 199E (the "Effective Date"), by and between the City of Redlands, a municipal dco corporation, j ("Redlands"), and The Redlands Association, a California non-profit corporation, oe, an individual, Sally B. Beck, an individual, and Michael E. Haverty, � Rufus A. Moore, referred to herein as the "Association"). al (collectively Whereas, the Association has filed with the San Bernardino County Superior Court a Petition for Writ of Mandamus and Complaint for Declaratory Relief challenging certain actions alleged ' taken by the City Council of the City Plan and land of Redlands(the "City Council")relating to Redl g ons development standards(the "Petition"); and ands' General Whereas, Redlands has filed with the San Bernardino County Superior Court a Cross- Complaint for Declaratory Relief against the Association seeking a judicial declaration that Redlands' voter-approved initiative ordinance Proposition "R," as amended by Measure 1'N," zoning ordinance which has no legal effect upon Redlands' General Plan (the "Cross-Complaint"); alaint and p ), Whereas, the Petition and Cross-Complaint (together referred to herein as "San Bernardino Superior Court Case No. SCV 17133")were heard by the Honorable Bob N. Krug on September 1995; and p 21 Whereas. on September 2$, 1995 the Honorable Bob N. Kru San Bernardino Superior Court Case No. SCV 17133 and held that verbally ruled in the matter of 1. The Writ of Mandamus is denied as to setting aside the City Council's action of Jul 19 1994. y , 2. The Writ of Mandamus is granted as to setting aside the City Council's action of September 6, 1994. 3. The Writ of Mandamus is granted as to setting aside the City Council's action n o 7, 1995. February 4. Judgment is granted for Cross-Defendants on the Cross-Complaint. Proposition "R," as amended by Measure "N," is declared to be a zoning ordinance of the City of Redlands having no effect upon the City's General Plan, and not an amendment to the General Plan of the Citv of QIM5g9pK' Settlement Agreement and General Release The Association Page 2 Redlands. The words, "General Plan" are stricken from Sections 14 and 15 of Proposition "R,'{ as amended by Measure "N." 5. All parties shall bear their oxvn costs. Wlereas.Redlands and the Association have agreed to the filing of a written judgment for San Bernardino Superior Court Case No. SCV 17133 in the form attached hereto as Exhibit 'W" and Whereas, Redlands and the Association no,,N,desire to resolve and settle all present and past controversies,claims, causes of action or purported causes of action, both real and potential, arising between the parties in connection with San Bernardino Superior Court Case No. SCV 17133; and W-hereas, this Agreement is a compromise of the claims and liabilities alleged by Redlands and the Association and shall never be treated as an admission of liability by any of the parties hereto for any purpose, Now,therefore, in consideration of the mutual promises contained herein, and for such other good and valuable consideration,the receipt of which is hereby acknowledged.the City of Redlands and the Association agree as follows: Section I B&ci!Ws, The foregoing recitals are true and correct. Section 2. A sot* t* , Upon execution of this Agreement by the Association, Redlands shall pad, to the Association the total sum of S6.660.00 as attomey's fees which the Association has incurred in connection with the resolution of'San Bernardino Superior Court Case No. SCV 17113.3. Such sum shall be distributed among the members of the Redlands Association and the individual Petitioners in San Bernardino Superior Court Case No. SCV 17131 as they so choose. Such payment shall be made by check upon the Association's execution of this Agreement. Section 3. ALs-QfJarion's Widver and..,R&as�!, In consideration of the actions to be taken by Redlands pursuant to this Agreement, the Association does hereby waive any rights of appeal it may MV.54 9PW WO NE, Settlement Agreement and General Release The Association Page 3 have in connection with the judgment issued by the Honorable Bob N. Krug for San Bernardino Superior Court Case No. SCS' 17133. The Association ftirther hereby releases,holds harmless and forever discharges the City of Redlands and its respective City 'Councilmembers, employees, attorneys,agents and assigns of and from any and all claims, debts, liabilities,demands,obligations, costs, expenses, actions and causes of action. of every nature, character and description, known or unknown.'which the Association owns or holds or has at any time heretofore owned or held. or may at anv time own or hold, by, reason of any manner, cause or thing whatsoever that occurred' or was done,omitted or suffered to be done prior to the Effective Date of this Agreement with respect to any rights the Association may have to appeal the specific matters that are the subject of San Bernardino Superior Court Case No, SCS;, 17133. lection 4. Redlands' WaiverandReleq.e, In consideration of the actions to be taken by the Association pursuant to this Agreement,Redlands does hereby waive any rights of appeal it may have in connection with the judgment issued by the Honorable Bob N. Krug for San Bernardino' Superior Court Case No. SCS' 17133. Redlands'hinher hereby releases,holds harmless and forever discharges the Association and its respective employees,attorneys, agents, spouses,heirs, executors and assigns of and from any and all claims, debts, liabilities, demands, obligations, costs, expenses, actions and causes of action of every nature, character and description. known or unknown, which Redlands owns or holds or has at any time heretofore owned or held or 'may at any time own or hold, by reason of any manner, cause or thing whatsoever that occurred or was done, omitted or suffered to be done prior to the Effective Date of this Agreement with respect to any fights Redlands may have to appeal the specific matters that are the subject of San Bernardino Superior Court Case No_ SCV 17133. lection 5. Civil ode l7 Waiver Except as otherwise provided for in this Agreement, it is the intention of Redlands and the Association that the releases entered into by them shall he effective as a bar to all actions, causes of action, obligations, costs, expenses, attorneys' tees, darnages, losses- claims, liabilities and demands of whatsoever character, nature and kind', icnoxAm or wA--nown, and suspected or unsuspected with respect to Redlands' and the Association's rights to appeal any issue of San Bernardino Superior Court Case No, SCV 17133, In furtherance of such intention Redlands and the Association, individually and collectively, hereby expressly waive any and all rights and benefits conferred upon them by the provisions of Section 1542 of the California Civil Code, which reads as follows- "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 execution of the release, which if known by him must have materially affected his settlement with the debtor." 01W49PU r Settlement Agreement and {general Release t The Association Page 4 7 Redlands and the Association hereby acknowledge that the foregoing waiver of the provisions f Section 154 of the California Civil Code w=as bargained for separately. The parties hereto expressly agree that the release provisions herein contained shall be given full force and effect in accordance with each and all of their express terms and provisions, including but not limited to those terms and previsions relating to unknown or unsuspected claims, demands and causes of action hereinabove specified. The parties individually and collectively, assume the risk of the subsequent discovery or understanding of any matter, fact or law ethic if now known or understood would in any respect have affected this Agreement. Section b. leo Acfecinn nt t iab% Thep ies to this Agreement acknowledge that they have relied whop}�upon their own individual udgment, belief and knowledge of the existence, nature and extent ofec claim,demand or cause of action that they may have against the other party hereto which is herebT released and that they have not been influenced to any extent in entering into this Agreement by any representations or statements regarding any such claim, demand or cause of action made by any other party hereto. The parties acknowledge that this Agreement is intended to settle certain disputes between the parties and to avoid the expense and time of further litigation. Neither the execution of this Agreement nor the performance of the terms hereof shall be deemed or construed to be an admission by any party or establish any fault or liability=in connection with any matter or thing by any party=. Section 7. Coshgn pegs Except as othenvise expressly provided for herein, all parties hereto shall bear their own attornevs` fees, expenses and costs incurred in connection with the disputesicing out of relating to for connected with the matters which are the subject of this Agreement and'or the preparation of this Agreement. In the event any party to this Agreement files an action to enforce or interpret the terms hereof,the prevailing party in such action shall be entitled to recover its reasonable attorneys' fees, including expert witness fees and costs. Section $ En "re Agree c r_t This Agreement comprises the entire understanding between the parties concerning the sukject matter hereof, and supersedes and replaces all prior negotiations d agreements, written and oral. There are no other contracts, understandings, representations or warranties made by any party to this Agreement except as expressly= contained in this Agreement. Section 9 lnhe_ ation This Agreement is to be construed fairly and riot in favor of; or against. any party regardless of which party drafted or participated in the drafting of its terms, It is acknowledged that all parties have had an opportunity to consult with their lawyers concerning the terms and conditions of this Agreement. As a result, this Agreement shall be deemed to have been drafted by all parties hereto and no party shall urge otherwise. D 5499 Settlement Agreement and General Release The Association Page 5 i N �ectlon 10 SIL,-gessors ftuupon and inure to the benet A The provisions of this Agreement shall be binding fit of the parties hereto and their respective heirs execu administrators, agents, representatives, successors and assigns. tors, lection 1 I o amPri, �. This Agreement may be executed in an counterparts, each of which shall be deemed to be an original, and all of which together shall ber of deemed to be one and the same document. be Section 12 QrQvernin law. This Agreement shall in all res by, and construed in accordance with, the laws of the State of California ts be enforced and governed IN WITNESS WHEREOF, the parties hereto execute this Agreement as of above written. the date first CITY OF REDLANDS Attest: Swen Larson, Mayor _— o 'e Poyze , - i Clerk THE REDLANDS ASSOCIATION Attest: By: President Secretary Rufus A. Moore Sally B. Beck By: By: Michael E. Haverty By: D AV"9PW