HomeMy WebLinkAbout10/20/2004 - STAFF REPORTS (12) SETTLEMENT AGREEMENT & RELEASE OF ALL CLAIMS
This Settlement Agreement and Release of All Claims (the "Agreement") is entered into
by and between Petitioner Citizens For Responsible Planning ("Petitioner"), Respondents City of
Pahn Springs and the Palm Springs City Council (the "Respondents"), and Real Parties in
Interest McComic Consolidated, Transwest housing and Palm Springs Village 309, LLC (the
"Real Parties") (collectively all of the aforementioned parties are referred to as the "Parties") to
terminate fully and finally all disputes arising out of, or related to, the Action defined hereinafter.
RECITALS
WHEREAS, on Jime 10, 2004, Petitioner filed a petition for peremptory writ of mandate
and complaint for declaratory and injunctive relief in the Superior Court of California, County of
Riverside, Case No. INC 043700 (the "Action") against the Respondents and Real Parties,
including Cathton Holdings, Inc. (which no longer has any interest in the litigation) seeking to
vacate Respondents' approval and certification of a Mitigated Negative Declaration, five General
Plan Amendments, a planned unit development district and a tentative tract map in conjunction
with the approval of a residential unit, park and golf course development project known as the
Palm Springs Village (the "Project"); and
WHEREAS, as alleged in the Action, the Project is a proposed planned development
district with 1,210 residential units on 309-acres, an 18 hole golf course on 90 acres and related
developments, a 7.5 aerc park site, and a tentative tract map dividing the site into 782 parcels;
and
WHEREAS, the Petitioner claims in the Action that the Respondents violated the
following laws: (1) the California Environmental Quality Act ("CEQA") by failing to prepare an
Environmental Impact Report, (2) the open space requirements set forth by the General Plan of
the City of Palm Springs (the "City") by failing to set aside adequate open space, and (3)
Government Code § 66473.7 by approving the tentative tract map for the Project without
requiring that the Real Parties furnish sufficient proof that sufficient water supply exists for the
Project; and
WHEREAS, the Parties conducted a settlement meeting as required by Public Resources
Code § 21167.9 on July 29, 2004, and all Parties hereto now wish to terminate this Action and to
avoid the uncertainty and costs of a hearing on the merits of the Action, and any potential appeals
therefrom, and to resolve fully and finally all disputes which may exist by and between the
Parties concerning the Project.
AGREEMENT
NOW, THEREFORE, for full and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, and based upon the foregoing recitals and the terms, conditions,
Petitioner's Initials
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covenants, and agreements contained herein, all Parties hereto agree as follows:
1. Performance And Improvements By Real Parties. Following the execution of
this Agreement by Petitioner, execution by its counsel of record, and approval by the City and
Real Parties, the Real Parties, upon commencement of construction of the Project, shall be
obligated to perform each of the following improvements at the times set forth below:
a. Underground Utilities. Real Parties shall, at their sole cost and expense,
relocate and underground three (3) utility poles along San Rafel Drive, adjacent to
Vintage Palms. The utility poles are more specifically located on the northeast
corner of Avenida Caballeros and San Rafael Drive, and are identified as being
utility pole # 4183195E, and the next two consecutive poles heading east along
San Rafael Drive. The under-grounding of these utility poles shall take place at
the same time as other utility under-grounding along San Rafael Drive, adjacent to
the Project.
b. Reduction In Residential Units. Real Parties agree to reduce the total
number of residential units developed in the multifamily area by sixty (60) units
from what was originally approved by the City. The total number of residential
units in the Project shall not exceed one thousand one hundred fifty (1,150) units.
This reduction of residential units shall come from the multi-family residential
parcels on the Approved Plans.
C. Golf Course Design & Construction. Real Parties shall design and
construct a golf course with desert appropriate landscaping that is substantially
similar to the Desert Willows golf course. The intent is to only provide turf as
needed in playable golf areas with the remainder of the golf corridors planted with
water conserving desert-scape that is substantially similar to the Desert Willows
golf course.
d. Limits On Residential Front Yard Landsca in . Each residential unit in the
Project shall be restricted to using no more than fifty (50%) percent turf in the
front yard, excluding driveways and walkways. Furthermore, residents will be
encouraged to use desert landscaping in the Palm Springs Village CC&Rs.
Landscaping outside of the front yard setback of each residential unit, including
parks, pocket parks, and other community recreational areas, and the backyard of
each residential unit, is not subject to this restriction.
e. No Transitory Uses. As approved, Real Parties represent that the Project
will have no Transitory Uses, such as hotel,motel or timeshare uses.
f. Four Lane Road On Sunrise Parkway. As approved, Real Parties represent
that Sunrise Parkway is intended to be a four lane thoroughfare comprised of two
traffic lanes in each direction of travel.
g. Project Landscaping-Along Indian Can on. Real Parties shall landscape
the west side of the Project along Indian Canyon with an undulating fence/wall
and sidewalk with setbacks that reasonably complement those of similar
developments on hidian Canyon from San Rafael to Vista Chino.
Petitioner's Initials
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h. Lot Widths Along Avenida Caballeros And Via San Dimas. As approved,
Real Parties represent that the Project's residential units across from Avenida
Caballeros and Via San Dimas shall have lot widths substantially similar to those
in the adjacent Vintage Palms housing development ("Vintage Palms") with no
more than one residential unit per lot.
i. Entrance On Avenida Caballeros. Real Parties shall take all necessary
steps to ensure that the Project's entrance on Avenida Caballeros shall be a carded
entrance for homeowners only.
j. Adiacent Landscaping & hifrastructure. Real Parties shall re-landscape
along the east side of Avenida Caballeros, adjacent to Vintage Palms, from San
Rafael north to the Palm Springs' Village homeowners' gate at their sole cost and
expense to reflect similar landscaping along the west side of Avenida Caballeros.
The Real Parties shall not be.required to commence said re-landscaping until such
time that (a) the golf course is installed and irrigated, and (b) the erection of a
perimeter wall and landscaping along the west side of Avenida Caballeros.
k. Access To Recreational Facilities. homeowners of Vintage Palms shall be
offered the opportunity to purchase a membership to Palm Springs Village
recreational facilities upon completion of the Project, inxder terms that are the
same as adjacent developments.
2. Dismissal Of Action By Petitioner. Within five (5) days after execution of the
Agreement by all Parties and approval of the same by the City, Petitioner shall file with the Court
a notice of dismissal of the Action in its entirety, as to all Parties, with prejudice. Petitioner shall
serve a copy of said notice of dismissal on all Parties at the time of tiling with the Court and
promptly notify the Parties when the Court has formally dismissed the action with prejudice.
Petitioner shall take all necessary steps to ensure that the Action is forever dismissed in its
entirety, as to all Parties with prejudice, at its sole cost and expense. Upon dismissal of the
Action, Real Parties shall pay the Petitioner's counsel a sum not to exceed ten thousand
(S10,000.00) dollars for Petitioner counsel's reasonable attorneys' fees expended in the Action
(the "Payment"). Petitioner's counsel shall provide Respondents' and Real Parties invoice(s) of
all fees that Petitioner's counsel requests payment fox within ten (10) days of execution of this
Agreement by all Parties. Payment of Petitioner counsel's reasonable attorneys' fees, as set forth
herein, shall be made by Real Parties within thirty (30) days after dismissal of the Action in the
form of a check payable to Petitioner's counsel of record,Babak Nafrcy, Esq.
3. No Further Objections. In the future, Real Parties may elect to modify the
content of the Project subject to the terms set forth in this Agreement, or may need further
permits or authority relating to the Project or the modifications frown City. Petitioner shall take
no action whatsoever to contest, delay, or otherwise involve themselves in any such
modifications, permits or authority, or in any way delay the approval processes connected
therewith. However, nothing herein shall permit Real Parties to modify their obligations under
this Agreement through the construction of additional housing units or to construct features on
Petitioner's Initials
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the common areas of the Project, such as decorative lakes that will substantially increase the
intended water usage at the Project, provided that Petitioner shall not be permitted to object to
the construction of swimming pools at the Project.
4. Full Compensation For All Claims. All Parties acknowledge and agree that the
Real Parties performance and payments under this Agreement shall and does hereby fully and
totally compensate Petitioner for all claims made in the Action and all disputed claims arising out
of or related to the Action, including all claims for attorneys' fees, costs, and/or damages.
5. General Release. For valuable consideration, the receipt and adequacy of which
are hereby acknowledged, Petitioner does hereby release and forever discharge the "Releasees"
hereunder, consisting of the Real Parties and the Respondents, their elected or appointed public
officials, officers, employees, and agents, including, but not limited to, each of their associates,
predecessors, successors, heirs, assignees, agents, directors, officers, employees, representatives,
elected or appointed public officials, attorneys, and all persons acting by, through, under or in
concert with them, or any of them, of and from any and all manner of action or actions, cause or
causes of action, in law or in equity, suits, debts, liens, contracts, agreements, promises, liability,
claims, demands, damages, loss, cost or expenses, of any nature whatsoever, known or unknown,
fixed or contingent (hereinafter called "Claims"), which Petitioner has against the Releasees, or
any of them, by reason of any matter, cause, or thing whatsoever from the beginning of time to
the date of approval of this Agreement, without limiting the generality of the foregoing, any
Claims constituting, arising out of, based upon, or relating to the Action, as well as any matters,
causes, or things whatsoever that were or that could have been alleged in the respective pleadings
filed in said suit, or that arise out of or relate to the Action.
6. Discovery of Different or Additional Facts. The Petitioner acknowledges that it
may hereafter discover facts different from or in addition to those that it now knows or believes
to be true with respect to the claims, demands, causes of action, obligations, damages, and
liabilities of any nature whatsoever that are the subject of the Release set forth in Paragraph 5 of
this Agreement, and expressly agrees to asstune the risk of the possible discovery of additional or
different facts, and Petitioner agrees that this Agreement shall be and remain effective in all
respects regardless of such additional or different facts concerning the above-referenced Action
and matters that arise out of or relate to the Action.
7. Release of Unknown Claims. The Release set forth above in Paragraph 5 of this
Agreement is a release of ALL claims, demands, causes of action, obligations, damages, and
liabilities of any nature whatsoever that are described in the Release and is intended to
encompass all known and unknown, foreseen and unforeseen claims which the Petitioner may
have as a result of the Action, except for any action arising out of the terms of this Agreement.
S. Waiver of Civil Code Section 1542. Further, Petitioner expressly agrees to
waive and relinquish all rights and benefits that it may have under Section 1542 of the Civil
Code of the State of California. That section reads as follows:
Petitioner's Initials
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" §1542. [General release; extent] 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."
Petitioner's Initials
9. No Other Pending Actions. Petitioner represents that it has not filed any
complaints or charges (other than the Action referenced above) against the Released Parties with
any local, state or federal agency or court; and that if any such agency or court assumes
jurisdiction of any complaint or charge against the Released Parties, or their predecessors,
successors, heirs, assigns, employees, shareholders, officers, directors, agents, attorneys,
subsidiaries, divisions or affiliated corporations or organizations, whether previously or hereafter
affiliated in any manner, on behalf of Petitioner, Petitioner will request such agency or court to
withdraw and dismiss the matter forthwith.
10. Non-Admission of Liability. The Parties acknowledge and agree that this
Agreement is a settlement of disputed claims. Neither the fact that the Parties have settled nor
the terms of this Agreement shall be construed in any manner as an admission of any liability by
any party hereto, or any of its employees, or an affiliated person(s) or entity/ies, including the
Respondents' and Real Parties' attorneys, all of whom have consistently taken the position that
they have no liability whatsoever to Petitioner.
11. No .Assignment of Claims. Petitioner warrants that it has made no assignment,
and will make no assignment, of any claim, chose in action, right of action or any right of any
kind whatsoever, embodied in any of the claims and allegations referred to herein, and that no
other person or entity of any kind had or has any interest in any of the demands, obligations,
actions, causes of action, debts, liabilities, rights, contracts, damages, attorneys' fees, costs,
expenses, losses or claims referred to herein.
12. Successors and Assigns. This Agreement, and all the terms and provisions
hereof, shall be binding upon and shall inure to the benefit of the Parties and to Real Parties
respective heirs, legal representatives, successors and assigns.
13. Force Majeure. The time period(s) specified herein for performance of the
services rendered pursuant to this Agreement by Real Parties shall be reasonably extended
because of any delays due to unforeseeable causes beyond the control and without the fault or
negligence of the Real Parties, including, but not restricted to, acts of God or of the public
enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions,
riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency,
including the City.
1 . Knowing and Voluntary. This Agreement is an important legal document and in
Petitioner's Initials
A&W#33431 v 1 -5 ■/�� tins
all respects has been voluntarily and knowingly executed by the Parties hereto. The Parties
specifically represent that prior to signing this Agreement they have been provided a reasonable
period of time within which to consider whether to accept this Agreement. The Parties further
represent that they have each carefully read and fully understand all of the provisions of this
Agreement, and that they are voluntarily, knowingly, and without coercion entering into this
Agreement based upon their own judgment. The Parties further specifically represent that prior
to signing this Agreement they have conferred with their counsel to the extent desired concerning
the legal effect of this Agreement.
15. Assistance of Counsel. The Parties each specifically represent that they have
consulted to their satisfaction with and received independent advice from their respective counsel
prior to executing this Agreement concerning the terms and conditions of this Agreement.
16. Counterparts. This Agreement may be executed in multiple counterparts, each
of which shall be considered an original but all of which shall constitute one agreement.
17. Singular and Plural. Whenever required by the context, as used in this
Agreement the singular shall include the plural, and the masculine gender shall include the
feminine and the neuter, and the feminine gender shall include the masculine and the neuter.
18. No Third Party Beneficiaries- No person or entity shall be deemed to be a third
party beneficiary hereof, and nothing in thus Agreement (either express or implied) is intended to
confer upon any person or entity, other than the Parties hereto, any rights, remedies, obligations
or liabilities under or by reason of this Agreement, except as set forth in Paragraph 12, above.
19. Severability. Should any portion, word, clause, phrase, sentence or paragraph of
this Agreement be declared void or unenforceable, such portion shall be considered independent
and severable fiom the remainder, the validity of which shall remain unaffected.
M Headings. Headings at the beginning of each section of this Agreement are solely
for the convenience of the Parties and are not a substantive part of this Agreement.
21. Ambiguity. The Parties acknowledge that this Agreement was jointly prepared
by them, by and through their respective legal counsel, and any uncertainty or ambiguity existing
herein shall not be interpreted against any of the Parties, but otherwise shall be interpreted
according to the application of the rules on interpretation of contracts.
22. Governing Law. This Agreement is made and entered into in the State of
Califomia, and shall in all respects be interpreted, enforced and governed under the laws of said
State without giving effect to conflicts of laws principles.
23. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties who have executed it and supersedes any and all other agreements, understandings,
Petitioner's Initials
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}
negotiations, or discussions, either oral or in writing, express or implied between the Parties to
this Agreement_ The Parties to this Agreement each acknowledge that no representations,
inducements, promises, agreements, or warranties, oral or otherwise, have been made by them, or
anyone acting on their behalf, which are not embodied in this Agreement, that they have not
executed this Agreement in reliance on any such representation, inducement, promise, agreement
or warranty, and that no representation, inducement, promise, agreement or warranty not
contained in this Agreement, including, but not limited to, any purported supplements,
modifications, waivers, or terminations of this Agreement shall be valid or binding, unless
executed in writing by all of the Parties to this Agreement.
24. Modifications. Any alteration, change, or modification of or to this Agreement
shall be made by written instrument executed by each party hereto in order to become effective.
25. Authority To Sign. The persons executing this Agreement on behalf of the
Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party and to bind that party,
including its members, agents and assigns, (iii) by so executing this Agreement, such party is
formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement
does not violate any provision of any other agreement to which said party is bound. As a further
assurance that Petitioner's representatives support the execution of said Agreement, Petitioner
agrees to provide the City with a letter of support for this Agreement signed by as many of its
representatives as possible to be provided to counsel for the City no later than seven (7) days
before the City Council meeting when the Agreement will be considered for approval by the City
Council.
[SIGNATURE PAGE FOLLOWS]
Petitioner's Initials
rr
ABcW V{33431 v.1 -7- /
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Out 14 2A04 Ic: cGPM t,RW OFFICE OF BABFil[ Nrlf_CC, HU!:,-SF79-0S4G
1N 1YJIIN1=SS WHERrio , the UndamiunQd have cxcm C:d this Settlement ASroomcnt
and Ktlaaye nfClarms, on thr dates set forth below.
"PETITIONER"
Dated: L 2004 C1TUENS FOR RE,SFONSMLF I' ANNINC
>3y:
J INN COL17� RANG
`"R1;SPQNI7ENTS^
Dstcd: _, ?004 THE' CITY OF PALM SPRINC*S, a municipal
corporation,and the PALM SI)P NGS CITY
COUNCIL
nTxzas'r
City 1✓IanugcX
By
City Clerk
"REAL PAIiTI1'S"
I?awd: 2004 NICCOMTC CONSOLIDATED
gy.
Dated: 7.004 "17RANSWES1' I,TOUSING
E3y:
Dated: 2004 PALM SPRINGS VIT,I,AGF 309, 1.1..0
ray:
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Uot 3-4 TC104 12; 2%F'M LPW OFYFICE OF BFIDPIj< Mf'IFIC L1G5-S:�13-UP:14L•:
APPROVED AS TO 7'QP.wf:
]Jared: 2004 1,AW ok'1" CYS OP SABAK NAVIC`f
r
Attorney for P"gkioner
2004 ALFSHfRP& WYNDFR f-T_P
By:
fDAVID ALF�;FIITL�, LSQ,__-.
City Attorney
Dated: ._ .,.,,., 2004
By:
1�AV Ci'130'r'L 1 T SQ.
Counsel fox,Peal Parties
'9-
10/14/20Y4 "Pill] 13:31 ITT/M NO 30301 QUO:S
10/14/2004 15.25 FAX 348 223 1180 ALE8H2RE & WYNDER, LLP 004/004
❑4�L w14 "c'tl fJ4 12[ 2Ef'M t_HW OFi - ICL OF HHBHK NHFIC: 80!6-b-93-004G
Palm Springs city Council
c/o
Anthony R, Taylor, Esrl,
ALESHME 7 WYMK,)LR, L1_p
18881 Von Karman live
lnviyrc:, CA 92612
-ME: OdZens for 12cspoligible]Planning v,City of palm SFril gs,et al.
Letter in CUxap1'latice with 125 of f vposed Settlement Agrectnent-
TO Palm Springs Ciry Council,
This letter is being provided to yeti Pursuant to Paragraph 25 of the ,proposed Settlement
Agri:errtenr in the above,-ter reryoed ca_ce, Tay signing onto this ls;ttex, we, mgrnbers of Pecitioner,
Citizens for Rt,"nsiblc Planning, intend to sltpVy our su1>pott for the proposed Ag:vcrryerxf. 1 c
behull;
have jointly authori2ed loh❑ Colin 5lyrptng to enter into the pmrosed Agreement on our c:ollcctivc
Date: A? —f 2--O 7
I3y:
Date:
Date:
r / .
]'Date: /
By:
Datc-
By:
N\o
10,14/20(4 TMI 1:l_;s.t i l;�ilt� No aSoga, gjnnn
10/20/2004 WED 12:27 FAX �J002/005
ADDENDUM 10 SETTLEMENT AGREEMENT&RELEASE OF ALL CLAIMS
This Addendum to the Settlement Agreement&Release Of All Claims("Addendum") is
cntcrcd into by the City of Palm Springs (the "City") and McComic Consolidated, Transwest
Housing,and Palm Springs Village 309,LLC(collectively referred to as the"Developer")to add
the condition of approval specified herein to the conditions of approval for the Project,as defined
by the Agreement.
RECITALS
WHEREAS, the City's existing public safety and recreational services, including police
protection, criminal justice, fire protection and suppression, ambulance, paramedic and other
safety services and recreation, library and cultural services are near capacity;
WHEREAS, in light of the additional number of residents that the Project will bring to
the City, additional services cannot be provided to the Project absent significant additional cost
to the City;
WHEREAS, to fund the additional costs for the aforementioned services because of the
Project, the Developer agrees to support the formation of a Community Services District under
authority of Government Code Sections 53311 et, seq_, or other appropriate statutory or
municipal authority;
WHEREAS, the Developer agrees to support the formation of the aforementioned
assessment district and to waive any right of protest, provided that the amount of such
assessment shall be cstablisbcd through appropriate study and shall not exceed$500 annually per
residential unit with a consumer price index escalator;and
WHEREAS, the aforementioned district shall be formed prior to sale of any lots or a
covenant agreement shall be recorded against each parcel.
ADDENDUM
NOW, THEREFORE, for full and valuable consideration, the receipt and adequacy of
which arc hereby acknowledged_ and based upon the foregoing recitals and terms, conditions,
covenants and agreement contained herein, and in addition to the terms of the Agreement,
Developer and the City agree to the following:
1. Addition Of Public Safety Assessment District To Conditions Of Approval.
Developer agrees to add the following to its existing conditions of approval For the Project:
"The project will bring a significant number of additional residents to the community.
The City's existing public safety and recreational services, including police protection, criminal
justice, fire protection and suppression, ambulance, paramedic and other safety services and
recreation, library and cultural services are near capacity. Accordingly, the City may determine
to form a Community Services District under authority of Government Code Sections 53311 eta
01003/0071135307.01
10/20/2004 WED 12:27 FAX Z003/005
seq., or other appropriate statutory or municipal authority. Developer agrees to support the
formation of such, assessment district and shall waive any right of protest, provided that the
amount of such assessment shall be established through appropriate study and shall not exceed
$500 annually per residential unit with. a consumer price index escalator. The district shall be
formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel."
2. Execution Tn Counterparts And By Facsimile. This Addendum shall be permitted
to be signed in multiple counterparts, each of which shall be considered an original, but all of
which shall constitute one agreement. Signatures may further be transmitted via facsimile.
IN WITNESS WHEREOF, the undersigned have executed this Addendum to the
Sctticmcut Agreement and Relcase of Claims, on the dates set forth below.
"CITY"
Dated: 12004 THE CITY OF PALM SPRINGS,a
municipal corporation,and the PALM
SPRINGS CITY COUNCIL
By:
City Manager
ATTEST
By:
City Clerk
"DEVELOPER"
Dated: 2004 MCCOMIC CONSOLIDATED
By:
Dated: 2004 TRANSWEST HOUSING
By:
_2_
01003/0071135307.01
10/20/2004 WED 12:27 FAI 0004/005
Oct. 20. 2004 11 :56AM NNo. 7314 PP. 2
segy ar otber VXOPrlate statutory or muaiaipal anthority. Developer agars to ml;pon the
formation of Sudh asseasmant ditiYact mad sball waive any A& of protest, provided that tho
arnotmt of such assessment shall be cslablishod through epprapriale study and shall not exceed
$500 mnially per residential unit with a cm qu=cr psica index escalator. The district ,shall be
farmed Pricr'N sale of�Qy lots or a coveneat agreement shall be recorded against each pe =1"
2• j on_be_Ceumter�= aid B�acaimx7e. This Addtndmm shall be p=nittcd
in be signed in wWtiplc couuterpa;fs, each of which shall be considered an origbml, but all of
"hieh shall canstituta one agreement. Signaturw may ffaer bo transmitted via facsimile
IN WT NESS WBEI:EOF, the undersipled have executed this Addendum To the
Settlement Agreement and Release of Claims,on the dates set forth below_
,•CITY"
Dated: 2004 TFIB CITY OP PALM RMOS,a
rmmiipal awporation,and the PALM
SPRINGS Crry COUNCIL
By:
ATTTs.ST City Maaaoer
By-
City Clerk
`DEVELOPER"
Dated., _A./1 2004 MCCOIvIIC CONSOLIDATED
Dated: yr-
Dated: /d-1,1 2004 TR9NS'WEST OLSING
10/20/2004 WED 12:09 [Tx/RH me 91511 tm002
10/20/2004 WED 12:27 FAX 2005/005
Oct. 20. 2004. 11 :57AM Mo, 7314 R. 3
2004 PALM SP QS E 309,LLC
r
13y: ✓lam
APPROVER AS TO Mklv
Dated 2004 ALESHME&WYNDM LLP
1
bAVJO ALESHMP,ESQ,
City'Attorney
Da L� l9 2004
E y, Q_e �7
PAC L O'BOYLE,LS
Co=set for heal FmtW
i
10/20/2004 VEO 12:00 [TX/RR RD 81511 0 003
MINUTE ORDER NO.
APPROVING A SETTLEMENT AGREEMENT AND
RELEASE OF ALL CLAIMS BY AND BETWEEN
CITIZENS FOR RESPONSIBLE PLANNING AND
THE CITY OF PALM SPRINGS CONCERNING
CASE NO. INC 043700.
I HEREBY CERTIFY that this Minute Order, approving a Settlement
Agreement and Release of all Claims by and between Citizens for
Responsible Planning and the City of Palm Springs concerning Case No.
INC 043700, was adopted by the City Council of the City of Palm Springs,
California, in a meeting thereof held on the 201" day of October, 2004.
PATRICIA A. SANDERS
City Clerk
00
I