17-0315_SAN JUAN HILLS GOLF CLUB, LP_Amd to Settlement Agr Addendum AMENDMENT TO SETTLEMENT AGREEMENT ADDENDUM
This Amendment to Settlement Agreement Addendum ("Amendment") is made and
effective as of March 15, 2017 by and between the City of San Juan Capistrano(the"City"),the
San Juan Hills Golf Club, LP ("San Juan Hills"), and the San Juan Basin Authority ("Authority")
(collectively, the "Parties") with reference to the following facts:
RECITALS
A. On or about April 8, 2016, the City and San Juan Hills entered into a Settlement
Agreement partially resolving litigation pending in the Orange County Superior Court (Case No.
30-2014-00742347-CU-CO-CXC) ("Litigation") between San Juan Hills and the City ("Partial
Settlement Agreement").
B. On or about August 11, 2016, the City, San Juan Hills and the Authority entered
into a Settlement Agreement Addendum fully and finally resolving the Litigation between the
City, San Juan Hills and the Authority (the "Addendum").
C. On or about September 1, 2016, pursuant to Paragraph 1 of the Addendum, the
City, by itself and collectively through the California Joint Powers Insurance Authority, made
payment in the amount of$2,040,000 to San Juan Hills and San Juan Hills acknowledges having
received the City's payment of$2,040,000.
D. The City and San Juan Hills now desire to amend the Addendum with regard to the
matters set forth in Paragraphs 1 and 2 of the Addendum, as further provided in this Amendment.
E. The Authority does not have any rights or obligations or any other interest in the
matters set forth in Paragraphs 1 or 2 of the Addendum or any modification to the same through
this Amendment.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated into
the operative provisions of this Amendment by this reference, and for other good and valuable
consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the Parties
hereto agree as follows:
1. Paragraph 1 of the Addendum is amended in its entirety to state as follows:
The City, by itself and through the California Joint Powers Insurance
Authority, shall collectively pay San Juan Hills Two Million, Four
Hundred and Forty Thousand Dollars and Zero Cents ($2,440,000) as
follows: (a) $2,040,000.00 on or before October 1, 2016, and(b)
$400,000 on or before March 31, 2017 (together,the "Payment").
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2. Paragraph 2 of the Addendum is deleted in its entirety and is of no further force and
effect. Notwithstanding the foregoing,the remaining Paragraphs of the Addendum retain their original
numbering.
3. Exhibit 2 to the Addendum is deleted in its entirety and is of no further force and
effect. Notwithstanding the foregoing, the remaining Exhibits to the Addendum retain their
original numbering.
4. Except as amended above, each and every provision of the Partial Settlement
Agreement and the Addendum, inclusive of all Exhibits, shall remain in full force and effect
without change or modification.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first
above written.
City of San Juan Capistrano San Juan Hills Golf Club, LP
By: San Juan Hills Golf Club, Inc.
Its: General Partner
/F /iIt1
By: t kL44■ aft./ 4i1.A By: •r. / (114/‘ e...)
' eiry K.lir so i ay.3 Rob-'rto G. Brutocao, President
San Juan Basin Authority
By:
Daniel Ferons, Administrator
ATTEST.
Maria M MII y C ! k
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2. Paragraph 2 of the Addendum is deleted in its entirety and is of no further force and
effect. Notwithstanding the foregoing,the remaining Paragraphs of the Addendum retain their original
numbering.
3. Exhibit 2 to the Addendum is deleted in its entirety and is of no further force and
effect. Notwithstanding the foregoing,the remaining Exhibits to the Addendum retain their
original numbering.
4. Except as amended above, each and every provision of the Partial Settlement
Agreement and the Addendum, inclusive of all Exhibits, shall remain in full force and effect
without change or modification.
IN WITNESS WHEREOF,the Parties have executed this Amendment as of the date first
above written.
City of San Juan Capistrano San Juan Hills Golf Club,LP
By: San Juan Hills Golf Club, Inc.
Its: General Partner
By: By:
Kerry K. Ferguson, Mayor Roberto G. Brutocao,President
San Juan Basin Authority
Norris Brandt, Administrator
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