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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 4465Q/2588-00 -2-