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HomeMy WebLinkAbout05760 - SETTLEMENT AGR WITH CENTURY CROWELL COMMUNITIES LP FT cloyed O*Aaw� 39 . 15 SETTLEMENT AGREEMENT 13ETWEEN THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS, THE COACHELLA VALLEY CONSERVATION COMMISSION, THE COUNTY OF RIVERSIDE, THE CITY OF PALM SPRINGS, CENTURY CROWELL COMMUNITIES, L.P. AND THE FALLS AT MOUNTAIN GATE PALM SPRINGS VENTURES, LLC This Settlement Agreement ("Agreement") is made as of April _, 2009, by and between the Coachella Valley Association of Governments ('`CVAG"), the Coachella Valley Conservation Commission ("CVCC"), the City of Palm Springs ("City") and the County of Riverside ("County") on the one hand (sometimes collectively referred to as the "Governmental Parties"), and Century Crowell Communities, L.P.. The Falls at Mountain Gate Palm Springs Venture, LLC, and/or its affiliates (collectively, "Century"), on the other hand. Governmental Parties and Century are sometimes referred to herein jointly as "Parties" and separately as "Party" RECI"PALS WHEREAS, CVAG in cooperation with the County, the City and other participating agencies in the Coachella Valley developed the Coachella Valley Multiple Species Habitat Conservation Plan (the `MSHCP") to address the conservation of multiple species in the MS14CP area; and WHEREAS, on September 10, 2007, CVAG approved the MSHCP through Resolution 07-009 in which it: (1) certified the Final Recirculated Enviromnental Impact Report/Environmental Impact Statement ("LdR/EIS"); (2) approved the Final Recirculated MSHCP; (3) approved the Final Recirculated Implementing Agreement; and (4) selected the Preferred Alternative. Also on September 10, 2007, at the same meeting, CVCC approved the MSHCP through: (1) Resolution 07-001, adopting environmental findings related to the MSHCP's Environmental Impact Report, and (2) Resolution 07-002, establishing the MSHCP Policy which contains the procedures and requirements for implementation of the MSHCP. CVAG's and CVCC's action are collectively referred to herein as the "CVAG Approvals'; and WHEREAS, on October 2, 2007, the County as a responsible agency approved the final recirculated MSEICP, made the requisite findings with respect to the EIR/EIS and authorized the execution of the Final Recirculated Implementing Agreement (the "County Approvals"); and WHEREAS, on October 3, 2007, the City as a responsible agency approved the MSHCP, made the requisite hndings with respect io the EIR/EIS, and authorized the execution of the Final Recirculated Trnplementing Agreement (the "City Approvals"); and WHEREAS, Century represents that it owns the parcels of real property depicted by references to assessor parcel numbers on Exhibit A attached hereto (the "Century Parcels"), the development of which would be impacted by the implementation of the MSHCP, and Century has concerns regarding the compatibility of its present and future development of real property with the implementation of the MSHCP; and 1 8831352 3r�1 JUL 21 20"fli WHEREAS, on February 26, 2008, in order to protect its rights, Century filed a petition for writ of mandate arid complaint (the "Action") alleging, among oilier things, that the Governmental Parties violated the California Environmental Quality Act when they approved the MSIICP. The Governmental Patties have not yet fled any responsive pleading, but dispute all of Century's claims; and WHEREAS,the California Department of Fish & Game ("CDFG") has issued the pemlit for the Natural Community Conservation Plan and the United States Fish & Wildlife Service ("USFWS") has issued the final permit for the MSHCP. In its October 1, 2008 cover letter transmitting the permit, the USFWS notes that a clerical change is to be made to the MSIICP as to the amount of disturbance authorized for desert tortoise within the Special Provisions Area below-toe-of-slope, thereby correcting the acres of disturbance allowed on Century's Property below the toe of slope in APNs 669-290-007, 669-290-010, 669-310-002, and 669-320-007; and WHEREAS, CDFG and USFWS have previously confirmed that CVCC is to make the correction by way of clerical changes pursuant to MSHCP Section 6.12.1; and WHEREAS, the Parties desire to cooperate to meet the conservation and development objectives of the MSHCP while per fitting Century to continue its development activities consistent therewith and to ensure that there are no ambiguities regarding the MSHCP's impacts on Century; and WHEREAS, the Parties wish to avoid the costs and uncertainty associated with the Action, and the Parties have voluntarily agreed to conclude and settle the Action in a final and binding manner pursuant to the terms and conditions of this Agreement. WHEREAS, the Parties additionally desire to obtain the Governmental Parties' clarifications of how the MSHCP would apply to development of the Century Parcels. AGREEMENT Pursuant to the above-stated Recitals, and in consideration of the promises, mutual understandings and obligations hereinafter set forth, it is agreed as follows: 1. Party Obligations. Under the Implementing Agreement, the CVCC has agreed to implement the MSIICP and to participate in a Joint Project Review process. In the Joint Project Review process, CVCC is responsible for completing an analysis of the consistency of projects that are within the Conservation Areas with provisions of the MSIICP. CVCC will use the following, non-discretionary provisions of the MSHCP as they apply to the Century Parcels: A. The following Century Parcels are located within the jurisdiction of the City and outside of the Santa Rosa and San Jacinto Mountains Conservation Area ("Conservation Area"): APN 669-290-008, 669-290- 009, 669-290-012, and 669-310-003. The MSIICP does not allocate or prevent disturbance of habitat on the Century Parcels located outside of the Conservation Area and does not require any allocation of take coverage under the MSIdCP from the County or City, but may require the payment of mitigation fees under the MSHCP. 2 983135 B. The following Century Parcels are located within the Conservation Area and within the jurisdiction of the City and they are subject to the Highway III Special Provisions Area for Peninsular bighorn sheep, Le Conte's thrasher, and desert tortoise ("Special Provisions"): APN 669-290-007, 669-310-002. and 669-320-007 ("Special Provisions Parcels"). The MSIICP does not allocate or prevent disturbance of habitat for any other species on the Special Provisions Parcels. Provided that Century conserves in perpetuity the above toe-of-slope portions of the Special Provisions Parcels, through conveyance of a conservation easement or fee title to the CVCC or other appropriate conservation entity, development of the below-toe-of-slope portions of the Special Provisions Parcels is consistent with the MSHCP. as set forth in Section 4.3.21 of the Plan and Paragraphs LE, I.P, and 1.G, below. The toe-of-slope is delineated in the MSHCP G1S database and is depicted on Exhibit "A", attached hereto. The estimated above and below toe-of-slope acreage for each of the Special Provisions Parcels is depicted on Exhibit"A", attached hereto- C. The following Century Parcel is located within the Conservation Area and within the jurisdiction of the City: APN 669-320-006. APN 669-320-006 is also subject to the highway i l l Special Provisions Area for Peninsular bighorn sheep and desert tortoise. The MSHCP does not allocate or prevent disturbance of habitat for any other species on this parcel. Provided that Century conserves in perpetuity the above toe-of-slope portions of this parcel through conveyance of a conservation easement or fee title to the CVCC or other appropriate conservation entity, development of the below toe-of-slope portions of APN 669-320-006 is consistent with the MSIICP. D. The following Century Parcel is located within the Conservation Area and within the jurisdiction of the City and it is not a part of the Highway 111 Special Provisions Area (a portion of the parcel is within the Santa Rosa and San Jacinto Mountains Conservation Area and a portion is within the Whitewater Floodplain Conservation Area): APN 669-290-010. The following parcel is located within the Conservation Area and is currently within the jurisdiction of the County; however, it is not a part of the Highway I I I Special Provisions Area: APN 669-230-005. E. Under the MSIICP, the Special Provisions Parcels contain 41 acres of habitat for Le Conte's thrasher below toe-ol'-slope and the Special Provisions authorize 41 acres of disturbance on the Special Provisions Parcels below toe-o[=slope. Development of the below toe-ol'slope portions of the Special Provisions Parcels is consistent with the MSHCP and no additional take coverage is required for impacts to Le Conte's thrasher provided that Century conserves the above toe-of-slope portions of the Special Provisions Parcels in perpetuity through conveyance of a conservation easement or fee title to the CVCC or other appropriate conservation entity. 3 583135.2 F. Under the MSHCP the Special Provisions Parcels contain 92 acres of habitat for Peninsular bighorn sheep below toe-of-slope and the Special Provisions authorize 92 acres of disturbance on the Special Provisions Parcels below toe-of-slope. Development of the below toe-of-slope portions of the Special Provisions Parcels is consistent with the MSHCP and no additional take coverage is required for impacts to Peninsular bighorn sheep provided that Century conserves the above toe-of-slope portions of the Special Provisions Parcels in perpetuity through conveyance of a conservation easement or fee title to the CVCC or other appropriate conservation entity, G. Under the MSHCP. the Special Provisions Parcels contain 92 acres of habitat for desert tortoise below toe-of-slope. Table 4-11 If of the MSHCP, as originally approved, incorrectly indicates that 59 acres of disturbance are authorized for desert tortoise below toe-of-slope- Consistent with the take authorization for other species, 92 acres of disturbance is the correct arnount of take authorization for desert tortoise within the Special Provisions Area below toe-or-slope. As authorized and directed by USFWS and CDFG, a clerical correction pursuant to Section 6.12.1 has been made to the master digital MSHCP document to show the change From 59 acres of disturbance authorised for desert tortoise to 92 acres of disturbance authorized for desert tortoise. Said clerical change is deemed incorporated into all existing printings of the MSFICP and shall be reflected in all future printings. Consistent with said clerical correction, the CVAG, CVCC and the City expressly affirm that development of below toe-of-slope portions of the Special Provisions Parcels is consistent with the MSHCP and no additional take coverage is required for impacts to desert tortoise provided that Century conserves the above toe-of slope portions of the Special Provisions Parcels in perpetuity through conveyance of a conservation easement or fee title to the CVCC or other appropriate conservation entity. H, Under the MSHCP, APN 669-230-005 contains 14 acres of habitat for Peninsular bighorn sheep, 14 acres of habitat for desert tortoise, and 6 acres of habitat Gr Le Conte's thrasher. The MSHCP does not allocate or prevent disturbance of habitat for any other species on APN 669-230-005, To develop the entire APN 669-230-005, Century would be required to obtain take coverage for impacts to 14 acres of habitat for Peninsular bighom sheep, 14 acres of habitat for desert tortoise, and 6 acres of habitat for Le Conte's thrasher. To develop any portion of APN 669-230-005, Century would be required to obtain, at the time of project approval, allocation of take coverage from the County pursuant to County Policy No. A-61. if annexation were requested, the City would be the applicable local land use jurisdiction. The applicable local land use jurisdiction determines the allocation of take under the MSHCP for a parcel. The County's policy with respect to a request for additional take authorization is in part that "Private projects requesting Take in excess of the 8% allocation shall submit their request for additional Take prior to applying for their land use entitlement." (Policy A-61, Item 7). 4 88313.2 1. A portion of Assessor's Parcel No. 669-290-010 south of Highway 111 is currently shown in the MSHCP to be included within the Conservation Area, which portion contains 4 acres of habitat for both Peninsular bighorn sheep and desert tortoise and 4.5 acres of habitat for Le Conte's thrasher. The MSHCP does not allocate or prevent disturbance of habitat for any other species on that portion of APN 669-290-010 within the Conservation Area. It is presently unresolved whether the legal boundary of APN 669- 290-010 extends south of Highway 111. However, CVAG, CVCC and the City confirm that the boundary of the Conservation Area has been corrected on the master digital MSHCP document to remove the portion of APN 669-290-010 south of Highway I I I front the Conservation Area. Said clerical change is deemed incorporated into all existing printings of the MSHCP and shall be reflected in all future printings. Consistent with said clerical correction, CVAG, CVCC and the City expressly affinn that, as currently configured, the portion of APN 669-290-010 south of Highway 111 is outside oftbe Conservation Area- I. This Agreement does not pre-commit any Governmental Party or other jurisdiction to the allocation of take or project approval. 2. Century Dismissal of Action. Upon approval and execution of this Agreement by the Governmental Parties, Century shall file a request 1'6r dismissal of the Action. The Parties shall stay proceedings in the Action until said dismissal or May 15, 2009, whichever is earlier. 3. Default, Enforcement, Remedies. The Parties agree and acknowledge that in the event any Party defaults under the terms of this Agreement, the non-defaulting Party or Parties shall be entitled, subject to notice, good faith negotiations and an attempt by the Parties to resolve the dispute, to seek appropriate relief, including but not limited to injunctive relief or specific performance of the terms of this Agreement, and damages. 4. No Admission of Liability. This Agreement is entered into by the Parties solely for the purpose of compromising and settling the Action. This Agreement, and the actions undertaken and statements trade in connection with this Agreement, do not constitute, nor shall it be construed to be, an admission of liability or wrongdoing, directly or by implication, of the truth or validity or scope of any claims or assertions made by any Party. 5. Release. This Agrcement settles the Action and Century agrees that it will not initiate any other administrative or judicial proceeding of any kind to challenge the MSHCP, the related EIR/EIS, the Implementing Agreement or any related approvals of those documents by any entity, including but not limited to the CVAG Approvals, County Approvals and City Approvals. However, this Section 5 does not in any way affect Century's ability to challenge any future interpretation or application of the MSHCP that is inconsistent with this Agreement- In any administrative or judicial proceeding, any Party hereto may file this Agreement as a binding statement of the Parties' rights and obligations with respect to the subject matter hereof. 6. Governing Law. This Agreement shall be goverried by the laws of the State of California- 5 ss3i32�2 7. Binding. This Agreement shall be binding upon and shall inure to the benefit of the successors, assigns, heirs, beneficiaries, affiliates, representatives, and transferees of the Parties. S. Severability. if any provision of this Agreement is determined to be unenforceable in any respect by a court of competent jurisdiction, such unenforceability shall not affect any other provision herein, and this Agreement shall be construed as if such unenforceable provision had not been contained herein and the Parties will negotiate in good faith amendments to replace the unenforceable provisions and restore the original purpose and intent of (his Agreement. 91 Attorneys Fees and Costs. The Parties agree that each Party shall bear its own attorneys' fees and costs incurred in connection with the Action, including the negotiation and drafting of this Agreement. However, if any legal action is brought for the enforcement of any of the provisions of this Agreement, the prevailing party or parties shall be entitled to recover lion the non-prevailing party or parties. upon final judgment on the merits, reasonable attorneys' Fees (including reasonable attorneys' fees at trial, during any appeal therefrom or during negotiations) incurred in such action. 10. Further Cooperation and Obligation to Act in Good Faith. The Parties acknowledge that all have relied on the written communications and directions by CDFG and USFWS authorizing the corrections and clarifications to the MSHCP set forth in Section i(A) through I(l) herein. The Parties agree to Wce those actions, if any, that any governmental agency with jurisdiction may determine to be necessary to preserve said corrections and clarifications to the MSHCP. The Parties expressly agree that if anyone challenges this Agreement or any further action by the Parties pursuant to this Agreement, the Parties will cooperate in good faith to defend the Agreement and protect the Parties' rights under this Agreement. 11. Amendments. The Parties expressly understand and agree that this Agreement may not be altered, amended, modified or otherwise changed in any respect except by a writing executed by all Parties. 12. Full Integration. This Agreement constitutes the final written expression and the complete and exclusive statement of all the agreements, conditions, promises, representations, warranties and covenants among the Parties with respect to settling the Action, and supersedes all prior or contemporaneous agreements, negotiations, representations, ttrrderstandings and discussions between or among the Parties regarding settlement of the Action. The Parties agree, declare and confirm that upon execution this Agreement shall be valid, enforceable and binding between and among- the Parties to the fullest extent permitted by law. 13. Drafting-. Each Party acknowledges that: (i) each Party is of equal bargaining strength with the other Party; (ii) each Party has actively participated in, or had the opportunity to actively participate in, the drafting, preparation and negotiation of the Agreement; (iii) each Party has been represented by independent legal counsel of its own choice throughout the negotiations which preceded execution of this Agreement; (iv) each Party's independent counsel has reviewed the Agreement; and (v) any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement or any portion of i( or any amendments to it. This Agreement shall be construed fairly as to all 833135 2 Parties and not in favor of or against any Party. The Parties hereby waive California Civil Code section 1654 which states in part that "the language of a contract should be interpreted against the patty who caused the uncertainty to exist." 14. Headings. The headings of this Agreement are for reference purposes only and shall not affect in any way the meanings or interpretations of this Agreement. 15. Autbority to Sign. Each Party represents and warrants to each other Party that its signatory to this Agreement has the authority to bind the Party, and this Agreement does bind the Party. 16. Notice To Any Party. Any notice to be given or to be served upon any Party hereto in connection with this Agreement, must be in writing and shall be deemed to have been given and received (i) when personally delivered with proof of personal delivery; (ii) two (2) days after it is sent by Federal Express or similar overnight courier, postage prepaid and addressed to the Party for whom it is intended, at that Party's address specified below; or (iii) three (3) days after it is sent by certified or registered United States mail, return receipt requested, postage prepaid and addressed to the Party for whom it is intended, at that Party's address specified below: TO CVAG/CVCC: Executive Director Coachella Valley Association of Governments 73710 Fred Waring Drive, Suite 200 Palm Desert, CA 92260 With a Copy to: Toni Eggebraaten, F.sq. 77564 Country Club Dr., #191 Palm Desert, CA 92211 Phone: (760) 772-4292 TO COUNTY: Environmental Programs Department Attn: Carolyn Syms Luna, Director 4080 Lemon St., 121h Floor Riverside, CA 92501 Phone: (951) 955-6097 TO CITY: City Manager City of Patin Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Phone: (760) 322-8350 TO CENTURY: Gary Weintraub Senior Vice-President of Operations Century Vintage Homes 1505 S. "D" Street, 4100 San Bernardino, CA 92408 Phone: (909) 381-6007 7 883135.1 Witb a Copy to: Michele A. Staples; Esq. Jackson DeMarco T1dL1$ & Peckenpaugh 2030 Main Street, Suite 1200 Irvine, CA 92614 Phone (949) 752-8585 Fax (949) 752-0597 17. Cou_uterparts. This Agreement may be executed in counterparts, each of which will be deemed an original, but all such counterparts together shall constitute one document. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the date lirst writ-ten above. THE FALLS AT MOUNTAIN GATF, COACHELLA VALLEY ASSOCIATION OF PALM SPRINGS VENTURES. LLC. a GOVERNMENTS Delaware limitcd liability company THE F LLS AT IT. GATE-H11.1_[NGER PS; L a California limited liability R>' co pan Eduardo Garcia Chair B ' Date. , 2009 c hn avelak P esi ent Date: 4 15 . 2009 CENTURY CROWELL COMMUNITIES. APPROVED AS TO FORM.- LP, a C lfomia limited partnership By' C ury homes Commu lies- a CVAG GI,NLRAL COUNSEL Calif m a r)ioration; its G� cal rmer 13y: By, Toni Eggebraaten- Esq. o avelal< r dent Date: 1+c I S 2009 8 883135 2 With a Copy to: Michele A. Staples, Esq. Jackson DeMarco Tidus & Peckenpaugh 2030 Main Street, Suite 1200 Irvine, CA 92614 Phone (949) 752-8585 Fax (949) 752-0597 17. Counterparts. This Agreement may be executed in counterparts, each of which will be deemed an original, but all such counterparts tobether shall constitute one document- IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as o('the date first written above. THE FALLS AT MOUNTAIN GATE COACHELLA VALLEY ASSOCIATION OF PALM SPRINGS VENTURES, LLC, a GOVERNMENTS Delaware limited liability company Ja TI1L FALLS AT MT. GATE-IIILLINGER- — PS, L,LC, a California limited liability By-, company Eduardo Garcia Chair By: Date: , 2009 John Pavelak `— President Date: 2009 CENTURY CROWELL COMMUNITIES, APPROVED AS TO FORM: LP, a Cali f'ornia limited partnership By: Century Homes Communities, a CVAG GI'KERA COUNSEL California corporation, its General Partner By: By John Pavelak Toni Ebgebraaten, Esq. President Date: , 2009 8 583135 APPROVED AS TO FORM: COACHELLA VALLEY CONSERVATION COMMISSION CENTURY CROWELL COMMUNITIES, LP LEGAL CO SEL k By: By: • a egiar, sq. Richard W. ICite Chair Date: , 2009 APPROVED AS TO FORM: CVCC GENERAL COUNSEL By: Toni Eggebraaten, Esq. COUNTY OF RIVERSIDE CTTY OF PALM SPRINGS B ) ER�fSORS By: Date: 1111 91-mW09 Date: , 2009 ATTEST: ATTEST: By: � By APPROVED AS TO FORM: APPROVED AS TO FORM: By: _ By: 9 8831352 � i JUL 21 2009 APPROVED AS TO FORM: COACHELLA VALLEY CONSERVATION COMMISSION CENTURY CROWELL COMMUNITIES, LP LEGAL COUNSEL By: By. <c. .- Gregory Regier, Esq, Richard W. Kite Chair Dale: , 2009 APPROVED AS TO FORM: CVCC GENERAL COUNSEL By: Toni Eggebraaten, Esq. COUNTY OF RIVERSIDE CITY OF PALM SPRINGS By � 4KRWWS �y' Date: 1LII_ j 3_�OQS)09 Date: 2009 ATTEST: ATTEST: By: C v _ By: APPROVED AS TO FORM: APPROVED AS TO FORM: By: �' � l'3�IcL�_ By: 9 8831351 a,5o JUL 21 2009 APPROVED AS TO FORM: COACHELLA VALLEY CONSERVATION COMMISSION CENTURY CROWELL COMMUNITIES, LP LEGAL COUNSEL By: By: -- -- _ Gregory Regier, Esq- Richard W- Kite Chair Date: , 2009 APPROVED AS TO FORM: CVCC GENE OUNSEL By: -� 0111 HgOraaten, Esq. COUNTY OF RIVERSIDE CITY OF PALM SPRINGS IfBy:E : ------- ..... ewil_4—> SORS By Date: JUL 21 2069!009 Date: A;11_ Z3, 2009 ATTEST: ATTEST: APPROVED BY CITY COUNCIL - 12 00 f zpoia C-Z. - .4S -7 & 0 By: Ic.Lya APPROVED AS TO FORM: APPROVED A O FORM: By: By: 9 ssausz �,�I JUL 21 N09 Exhibit "A Century Parcels - - Legend C-3 Toe of Slope Not a Part of Special PrOvle ions Area Not a Part of Conservation Area f= �• 'f � —_ _—_— -- - ' - ' �. =lNf�iti�v€��1bc�i.-ri©©�ii�l�sir�: _. - - l !,<.'� Parcel Boundaries 03"I..quir VationArea, - Roads APN:669-230-008 - - - --- - - - - - - - - - - - City Boundaries See Seclion 4 of CVMSHCP ---._ _"__- _ ' _ _:_:- - ---- -- ._ —� Highway 11i Special Provisions Area APN.669-290-010 - --__T _ --_ .- - --.-_ _ CVMSHCP Conservalion Area See Sect ion 4 of CVMSHCP Species Models r Peninsular Bighorn Sheep Habitat APN 669-310-002 ., Above toe of slope 6 acres - __ _._ _. Le Conte's Thrasher Below toe of slope.-i6 acres - /!: i . . �, '/-�'•," __.,_ _. .. . . _.. -- Desert Tortoise 0-0 , , _ :fi69-310-003 - -_ - - ----- --- — Highway Ill Special Provisions Area APNs:669-29 09 012 DO8 APN The area below toe of slope on a parcel -;"t i /,':•%%i; ' " ; .; - __ -- -_-" -i`�•I can be developed if the area above toe o-• � AP N:669-290-007 • `/! "�,-'^; €,_ of slope Is permanently conserved Through Above Tee of Slope:71 acres ;=i,: `l•' . i conveyance of a conse nation ease meni Below Toe of Slo e:42 acres .`�J'�\\ ' / or fee Idle to the CVCC or olher appropriate p APN:669-320-007 . . conse rvalion enlity. �'� ; "' ' ' / ' ' •';' f%i, I Above toe of slope: 10 acres - APN:669-320-006 Below toe of slope.32 acres _ }+� r '; `�'�• ` . Above foe of slope:46 acres Below toe of slope: 1 acre �'�- , 1V E Map by ' •"!` - Nicholas Pahl, LE Coachella Valley A Assoclalion of Governmentspa Oixnl lF NThSCa FrYe65t=x`ibl.iLer�yPa'rekmEf Miles ID3 0 0.25 0.5 1 1.5 2 olsclalmm:Maps ml dsla are U bs wed fur farcrenz puFeses only.Map features an sprorlme•.s,antl ara ml n-oamanly ec , ahsmesirlp 0,engnmmjsUma'Gs.CVAG and the Comly of F%sfnlra m ake ney,GTan`.J or jusmnine es Io 1he care.arA(n ason,an is oCan slot pary),acmracy,hmeness,or mnp'alenass of arp or me daapv.:deY,and assumes no read mspsrluhry fcr heInrcmalon orna ned on Wismsp Ary use orIhs praajay.Ih mzg-d 1e_mcy .d prscis in Ehel Ea U9 sO r9 R!,'I• A IY 'W6 Ul , Memorandum To: James Thompson, City Clerk From: Douglas Holland, City Attar ey ( Date: April 23, 2009 Re: Settlement Agreement Century Homes Communities v. City of Palm Springs At the City Council's closed session on December 3, 2008, the City Council provided the City Attorney with authorization to settle Century Homes lawsuit against the City, CVAG, CVCC, and Riverside County, authorized the City Attorney's office to negotiate for a settlement of the lawsuit consistent with certain parameters, and authorized the City Attorney to execute this agreement and any related documents on behalf of the City. I have reviewed and executed the Settlement Agreement that is attached to this Memorandum on April 23, 2008. This document is consistent with the direction of the City Council and the authority the City Council provided this Office. Counsel for CVAG is coordinating the signature process and I will receive a fully executed copy once I have submitted an original signed on behalf of the City. Please keep the attached copy for your records until the fully executed original is delivered to you. This memorandum should also be retained with your file. If you have any questions, please do not hesitate to give me a call. CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA (a MINUTES WEDNESDAY, DECEMBER 3, 2008 City Hall Council Chamber CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:05 p.m. PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge. INVOCATION: Rabbi Sally Olins, Temple Isaiah, led the Invocation. ROLL CALL: PRESENT: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, Mayor Pro Tern Foat, and Mayor Pougnet. ABSENT: None. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. PRESENTATIONS: Mayor Pougnet and the City Council presented John Lea of the Desert Veterans Memorial Association a Certificate of Recognition, and thanked the Association for their volunteer service and funding of the Veteran Holidays in the City of Palm Springs. Police Chief Dominguez administered the Oath of Office to Police Officer Byron Farley, and introduced the new Officer to the Mayor and Members of the City Council. Mayor Pougnet and the City Council presented a Certificate of Appreciation to John Raymond, Director of Community and Economic Development, for his many years of service to the City and the Community. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 4:30 p.m. the City Council recessed into Closed Session to discuss Items on the posted Closed Session Agenda. City Attorney Holland stated the City Council authorized the City Attorney to file a Notice of Appeal for the Existing Litigation Palm Springs Investment Company, L.P. v. City of Palm Springs, Case Nos. INC 070629 and INC 070631, and authorized Staff to execute a Settlement Agreement for the Existing Litigation Century Homes Communities v. City of Palm Springs, Case No. RIC 494026 in conjunction with the other named parties, otherwise no reportable actions were taken. A5760.