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Home My WebLink About00292C - CITY OF LA QUINTA SETTLEMENT CANYON REDEVELOPMENT PROJECT City of La Quinta Settlement & Mutual Release re Redevelopment Litigation AGREEMENT #292% #2829A R827, 11/6/91 RESCISSION AND SETTLEMENT AGREEML�,, - - -- THIS RESCISSION AND SETTLEMENT AGREEMENT ( "Agreement" ) is entered into as the "Effective Date" (as that term is hereinafter defined) by and among the CITY OF PALM SPRINGS ( "Palm Springs" ) , the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS ( "Palm Springs Redevelopment Agency" ) , the CITY OF LA QUINTA ( "La Quinta" ) , and the LA QUINTA REDEVELOPMENT AGENCY ( "La Quinta Redevelopment Agency" ) (collectively, the "Parties" ) . R E C I T A L S A. On or about March 22, 1990, the Parties entered into a Settlement Agreement and Mutual Release ( 111990 Agreement" ) pursuant to which the Parties settled certain claims, differences, and causes of actions as described therein. B. Under the 1990 Agreement, La Quinta agreed to share the costs of the Palm Springs Regional Airport circulation improvements on the terms and conditions therein stated and Palm Springs agreed to file a request for dismissal with prejudice of its action referred to in the 1990 Agreement as the "Indio Action. " C. The Parties desire to effect a rescission of the 1990 Agreement and settle an action filed by La Quinta on or about September 16, 1991 entitled City of La Ouinta, etc v All Persons Interested in the Matter of the Canyon Redevelopment Plan etc et al. , Case No. Indio 65143 ( "La Quinta Action" ) . D. The Parties acknowledge that redevelopment activity is a proper and beneficial endeavor and that it is in the interest of all cities in the greater Coachella Valley to cooperate to allow each City to pursue redevelopment within its own territory. A G R E E M E N T In consideration of the mutual covenants and promises set forth herein, the Parties agree as follows: 1. Rescission of 1990 Agreement. The 1990 Agreement, so far as the same is yet to be performed and so far as the same provides any restrictions or limits on current or future actions of the Parties and each of them, is hereby rescinded, terminated, nullified, and dissolved and is of no further force and effect. La Quinta and the La Quinta Redevelopment Agency shall have no obligation under the 1990 Agreement to share in the costs of any improvements of the Palm -Springs Regional Airport. The "Airport Mitigation 10/9/91 -1- RESCISSION AND SETTLEMENT AGREEMENT CITY AND REDEVELOPMENT AGENCY OF LA QUINTA Fund" established in the 1990 Agreement is rescinded and abolished. Palm Springs shall have no right or entitlement to any fees previously established by the Airport Mitigation Fund established in the 1990 Agreement. Any such fees that were or may have been established by the Airport Mitigation Fund established in the 1990 Agreement shall immediately revert to La Quinta and Palm Springs shall have no right or claim thereto. Any documents or actions taken by any or all of the Parties, including but not limited to Palm Springs ' request for dismissal, with prejudice, of the Indio Action, shall not be affected by this rescission but shall stand as they currently exist and none of the Parties shall take any action to reverse the operations of any of those documents or actions heretofore taken. None of the Parties shall be obligated to pay any amount to, or take any action in favor of, any other party as restitution for any action taken or any expense or cost or damage incurred. 2. Dismissal of Action. Within five (5) days following the Effective Date of this Agreement, La Quinta shall file a request for dismissal, with prejudice, of the La Quinta Action. La Quinta and La Quinta Redevelopment Agency agree not to take any other action to challenge the Redevelopment Plan for the Canyon Redevelopment Project, adopted by the Palm Springs City Council on July 19, 1991 by Ordinance No. 1388, ( "Canyon Redevelopment Plan" ) including but not limited to making an appearance in any action challenging the Canyon Redevelopment Plan filed by any other person or entity, and further agree not to file any legal action to challenge the Canyon Park Resort and Spa Specific Plan adopted by the Palm Springs City Council on July 31, 1991 by Resolution No. 17600 (the "Specific Plan" ) , or the Amendments to the Palm Springs General Plan adopted by the Palm Springs City Council on July 31, 1991 by Resolution No. 17599 ( "General Plan Amendments" ) . 3 . Waiver of Rights. Except for the obligations and rights conferred by this Agreement, the Parties hereby release and discharge each other ( including their officers, directors, employees, agents, representatives, and successors) from and against 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, incurred on or before the Effective Date of this Agreement by the Parties in connection with, or in any way related to, the La Quinta Action, the Canyon Redevelopment Plan, the Specific Plan, or the General Plan Amendments . The Parties also expressly waive and relinquish any and all rights which each of them may have under Section 1542 of the California Civil Code, which states : 10/9/91 -2- RESCISSION AND SETTLEMENT AGREEMENT CITY AND REDEVELOPMENT AGENCY OF LA QUINTA "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. " 4. Representation. The Parties hereby declare and represent that they are executing this Agreement with full knowledge of its provisions and after having received legal advice as to their rights from their respective attorneys . 5. No Liability. The Parties acknowledge and agree that this Agreement is entered into on mutually agreeable terms to effect the rescission of the 1990 Agreement and as a compromise of disputed claims between the Parties concerning the subject of the La Quinta Action. The provisions of this Agreement are not be construed as an admission of liability or responsibility on the part of any of the Parties. 6. Binding Effect. This Agreement is binding upon, and shall inure to the benefit of the successors and assigns of each of the Parties. 7. Enforcement of Agreement. In the event any litigation is brought by any of the Parties to enforce any of the provisions of this Agreement, the prevailing party in any such litigation, in addition to any other relief to which it or they may be entitled, shall be entitled to reasonable attorney's fees and costs, including such fees and costs incurred in discovery and on appeal. Any litigation between the Parties hereto arising out of or connected to this Agreement shall be brought in the appropriate branch of the Superior Court of the State of California in and for the County of Riverside. 8. Costs. Each of the Parties shall bear its own costs and attorney' s fees in ( i) the preparation, review, and approval of this Agreement, and (ii) the La Quinta Action. 9. Entire Agreement: Amendment. This Agreement is the entire agreement between the Parties concerning the subject matter hereof and supersedes all previous agreements between the Parties, whether oral or written, on the subject matter hereof. Any amendment or modification to this Agreement shall be in writing and signed by each of the Parties . 10 . Counterparts. This Agreement may be executed in counterparts, and execution of such counterparts by each of the parties shall have the same force and effect as if all 10/9/91 -3- • i RESCISSION AND SETTLEMENT AGREEMENT CITY AND REDEVELOPMENT AGENCY OF LA QUINTA parties had executed the same original Agreement . 11 . Effective Date. The Effective Date of this Agreement shall be the latest of the dates set next to the signatures below evidencing execution by the Parties . IN WITNESS WHEREOF, this Agreement has been executed by Palm Springs, Palm Springs Redevelopment Agency, La Quinta, and La Quinta Redevelopment Agency. CITY OF PALM SPRINGS Dated: I I I 7 , 1991 By: �/ Mayor ATTEST: By:(' City Clerk COMMUNI DEV OPMENT AGENCY OF TH CITY OF AL PRINGS Dated: 113 , 1991 By: ?d6-utive Di ector ATTEST: By, - ti—� �L�� 1Y§sistant Secretary CITY OF LA QUINTA DatedD(>eYYleS, 1991 By: May r ATTES City: (ADDITIONAL SIGNATURES ON FOLLOWING PAGE) 10/9j91 - -4- 0 0 RESCISSION AND SETTLEMENT AGREEMENT CITY AND REDEVELOPMENT AGENCY OF LA QUINTA LA QUINTA REDEVELOPMENT AGENCY Dated: 1991 By: c- Cha: an At st : ecretary J,D 7 3 0// 8/394/014084-0003/001 10/9/91 -5-