Weber & Maselter vs City/Settlement Realign Wash 89 & 93SETTLEMENT AGREEMENT AND MUTUAL RELEASE
This Settlement Agreement and Mutual Release ("Agreement")
is entered into by and among Wayne William Weber ("Weber"),
John F. Maselter ("Maselter) and the City of La Quinta and the
City Council of the City of La Quinta (collectively, the
"City").
SECTION ONE
RECITALS
1.1 This Agreement is made as a compromise between the
parties for the complete and final settlement of their claims,
differences and causes of action as described below.
1.2 On or about April 13, 1989, Weber and Maselter filed a
petition for Writ of Mandate in the Municipal Court of the
State of California for the County of Riverside, entitled
William Wayne Weber and John F. Maselter, Petitioners vs. City
of La Quinta a municipal corporation, and City Council of the
City of La Quinta, Case No. Indio 56867 (the "Action").
1.3 The parties hereto desire to avoid the risks and
expenses attendant upon litigation and to reach a full and
final compromise and settlement of all matters, claims, causes
of action and the like, as described herein.
SECTION TWO
TERMS OF SETTLEMENT
In consideration of the mutual covenants set forth herein,
the parties agree as follows:
2.1 Upon execution of this Agreement by all parties, and
prior to issuance of building permits for the Washington Square
Project or any project which is approved by the City of La
Quinta for development of the southeast quadrant of Washington
Street and State Highway Route 111, the City shall require the
following:
(a) The City shall realign Washington Street, or
cause Washington Street to be realigned, to the east in
accordance with the interim, four -lane, construction plan
set forth under the Washington Street Specific Plan
(86-007); and
(b) The City shall construct, or cause to be
constructed, a block soundwall which shall be at least six
feet higher than the existing grade of Washington Street
and shall be located along the westerly side of Washington
Street between the proposed frontage road and Washington
Street beginning at Highland Palms and running past Singing
Palms, all in accordance with and pursuant to the
recommendations contained in any traffic or noise studies
completed as a condition to development of the Project.
The residents of the City of La Quinta south of Highway ill
and west of Washington Street and north of Highland Palms shall
not incur any assessment to pay for the cost of the realignment
of Washington Street or the construction of the soundwall.
2.2 Upon execution of this Agreement by all parties, Weber
and Maselter will file a request for dismissal, with prejudice,
of the Action.
2.3 Except as otherwise expressly stated herein, this
Agreement shall supersede and render null and void any and all
prior agreements or contracts, whether oral or written, between
the parties hereto, and shall constitute the only valid,
binding and enforceable agreement among them.
2.4 Except for the obligations and rights conferred by
this Agreement, the parties to this Agreement hereby release
and discharge each other, as well as, to the extent applicable,
their respective heirs, successors, assigns, executors,
administrators, and affiliated entities, whether past, present
or future, from any and all claims, demands, costs, contracts,
liabilities, objections, actions and causes of action of every
nature, whether in law or in equity, known or unknown or
suspected or unsuspected, which the parties ever had or now
have or may claim to have against each other or of any nature,
type or description, including, but not limited to, whether or
not they in any way arise out of, are related to, or are
connected with the Action or claims that might be asserted in
the Action. The parties also waive and relinquish any and all
rights which they may have under the provisions of Section 1542
of the California Civil Code, which states:
"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."
SECTION THREE
WARRANTIES AND REPRESENTATIONS
3.1 The parties hereto warrant and represent that no
promise or inducement has been offered or made for this
6076n/2338/000 -2-
Agreement except as herein set forth, that this Agreement is
executed without reliance on any statements or any
representations not contained herein, and that this Agreement
reflects the entire settlement among the parties. The
attorneys of record warrant and represent that they are
satisfied that their respective clients have fully understood
the effect, significance and consequence of this Agreement.
The warranties and representations made herein shall survive
the execution and delivery of this Agreement, and shall be
binding upon the respective heirs, representatives, and assigns
and successors of each of the parties and their attorneys.
SECTION FOUR
NO ADMISSION OF LIABILITY
4.1 The parties hereto acknowledge and agree that this
Agreement is entered into as a compromise settlement which is
not in any respect or for any purpose to be deemed or construed
as an admission or concession of any liability whatsoever.
SECTION FIVE
ENFORCEMENT OF AGREEMENT
5.1 If any legal action or other proceeding is brought for
the enforcement of this Agreement, or because of an alleged
dispute, breach, default, or misrepresentation in connection
with any of the provisions of this Agreement, the successful
or prevailing party or parties shall be entitled to recover
reasonable attorneys' fees and other costs incurred in that
action or proceeding, in addition to any other relief to which
it or they may be entitled.
IN WITNESS WHEREOF, this Agreement has been executed by the
undersigned on the dates below
0a,6ber-
Dated: SeZ , 1989
Dated: September 1989
Dated: September U , 1989
CITY OF LA QUINTA, a
munic' al corpo tion
Mayor ) Vy" A AMN
6076n/2338/000 -3-
- Name. "areas and TNophom, No. of A,. )
SRRADLINC, YOCCA, CARLSON & RAUTH
RONALD A. VA17 BLARCOM
P.O. Box 7680
Ne ort Beach, CA 92260-6441
( 14) 640-7035
Attomey(s) for ......... Defendants
....................
Plainaff(s):
apace solo.. •of Catirt Clerk only fj{''��� ��''�j�)\J
I 11 u�, E
OCT 0 6 1989
WILLIAM E. CONERLY, Clark
9y 0. P'*4ae... J J. Pbrraa
SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE
..................Indly.branch.Area..............................
(Name of Municipal or Justice Court District or of branch court, If any)
Wayne William Weber and I CASE NUMBER Indio 56867
John F. Maselter
Defendant(s): City of La Quinta, a municipal
corporation, and City Council of
the City of La Quinta
REQUEST FOR DISMISSAL
TYPE OF ACTION
❑ Persona( Injury. Property Damage and Wrongful Death:
❑ Motor Vehicle ❑ Other
❑ Domestic Relations ❑ Eminent Domain
® Omer: (Specify) ..Pe.titiOn. IOr .Writ. of Mandate
❑ Full E, Partial Dismissal
TO THE CLERK: Please dismiss this action as follows: (Check applicable boxes.)
1. ® With prejudice ❑ Without prejudice
2. ® Entire action ❑ Complaint only ❑ Petition only ❑ Cross -complaint only
❑ Other: (Specify)'
Further, request -- trial $ hearing C conference _ —
date of Ortnhnr 20, 19A9be vacated; :- return of jury fee deposit witness fee deposit (Govt C 68097.2) cash deposit
of $ for
Se tember ` 1989
Dated:.....P............-..a ....................2-f
'If dismissal requested is of specified parties only, ofed AttOfney(s) for... .. .t.t. OP.Q .. A. .Pr.D. Per..........
causes of action only or of specified cross -complaints only, so
state and identify the parties, causes of action or cross -complaints William Wayne Weber/John F. Maselter
to be dismissed.
(Type or print attorneys) name(s)1
TO THE CLERK: Consent to the above dismissal is hereby given." i1 /
Dated:.. September ZP ...1989... ..... . .. • *4 &V i
"When a cross complaint (or Response (Marriage) seeking affirma. Attorney(s) for ...Respondents ... -
tive reuafl is on file, the anorrull for ten cross<ompuinanf Stradlin , Yocca, Carlson & Rauth b Donald A.
(respondent) must sign this conN when requiredy ea by CCP S Van-Bl Are
5e10). (2) or (5).
(Type or print attorney(s) name(s))
(To be Jerk)
❑ Dismissal entered as on...................................................................................
❑ Dismissal entered on .............. ................ as to only .................................................
❑ Dismissal nN entered as requested for the folio n(s), and attorney(s) notified on ............. _ ... ...............
Clark
Dated...............................................
Form Adopted by Rule 992 of CCP Set, etc"
The Judicial Council of Cafift rnta REQUEST FOR DISMISSAL Cal. Rules of court.
Revised Effective July 1. 1972 Rule 1233
IMAG (Rev. 12MM
AMENDMENT TO SETTLEMENT AGREEMENT
AND MUTUAL RELEASE
This amended settlement agreement and mutual release
("Amendment") is entered into by and among Wayne William Weber
("Weber"), John F. Maselter ("Maselter") and the City of La
Quinta (the "City").
WHEREAS the original settlement and mutual release
agreement ("Original Agreement") between the parties hereto was
executed by the City on September 20, 1989 for the purpose of
settling Case No. Indio 56867 filed by Weber and Maselter; and
WHEREAS the parties have completed certain terms of the
original settlement and wish to revise and clarify certain
additional terms of the Original Agreement herein in an effort
to avoid the risk and expense attendant upon litigation.
In consideration of the mutual covenants set forth herein
the parties hereto agree to amend Section 2.1 of the Original
Agreement as follows:
2.1 Upon execution of this Amendment by all parties, the
parties agree that a portion of the requirements under the
Original Agreement have been achieved by the construction of
the soundwall located west of and parallel to Washington Street
and east of the frontage road (the "Existing Soundwall"). The
parties further understand that the City shall construct, or
cause to be constructed a continuation of the Existing
Soundwall for an additional ten feet to the northerly direction
within ninety (90) days of the execution of this Amendment. In
addition, the City will construct or cause to be constructed a
continuation of the soundwall parallel to Washington Street as
far as the northern boundary of the first single family (R1)
residential lot north of the right of way of Singing Palms
Street in no event later than the earlier of: (1) the
completion of the realignment of Washington Street to its
ultimate four lane construction plan or (2) the issuance of a
building permit for the Simon Plaza project located at the
northeast corner of Simon Drive and Washington Street.
The residents of the City of La Quinta south of Highway 111
and west of Washington Street and north of Highland Palms shall
not incur any assessment to pay for the cost of the realignment
of Washington Street or the construction of the remainder of
the soundwall.
Except for the amendment to Section 2 above, all other
terms and conditions of the Original Agreement shall remain in
full force and effect.
•
IN WITNESS WHEREOF this agreement has been executed by the
undersigned on the dates below indicated.
Dated: 1993
yne Liam Weber
Dated: 1993
j'afin F. Maselter
CITY OF LA QUINTA
Dated -�� a 1993 y
John J. na, ayor
APPROVED AS TO FORM:
City Attorney
02/22/93
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