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03-0716_CAUSE_Settlement AgreementSEP.15.2003 12:02PM CUSD FACILITIES PLAN N0.171 P.4111 0 _SET L NT AgM MEM l TMS SMLEMEla AG ("Agreement") is made and entered into as of the day of July, 2003, by and among Citizens Against Uncontrolled San Juan Expansiop, alta CAUSE, a California non-profit corporation ("CAUSE"), and Dr. Londres Uso ("Uso"} (collectively, "Petit oom"), and Capistrano Unified School District (`District") and the City of San Juan Capismo ("City l (refrnsed to heroin individually as a "Duty" and collectively as the "Pardeg:0). WX3EREA8, the Petitioners I Ted suit in the Orange County Superior Court, Case No. 030000 173, on May 4 2003 (the "Action'l, seeking a writ of mandate protftg the City and District from taking any aftM W fordu r coon of a high whool ("Scboon oa certain real prapewrty located on the west side of La Pat& Road north of the Prima Deschecha ludfill in the City e7roperty") and grading of adjacent property ("Borraw Site'") necessary for construction of the School on the Property (the `Dispute"); WHE-tEAS, on June 16, 2003, the Orange CouzW Superior Court issued its Judgment in the Action in favor of the City and District as to all causes of action and awarded costs of suit to the Districtand City; WMREAS, on July 14, 2003 Petitioners sought a settlemerst of the Dispute from the City and District; WHEREAS, the Parties desire to settle the Dispute regarding construction of the School and disposition ofthe Action subject to the terms and conditions set forth below, i In consideration of the foregoing Recitals, the mutual understandings contained in this Agreement. and other good, valuable, and sufficient consideration, the Parties agree as follows: 1. P_ a-MageW Waiver of A nw-W and Covenant Not to Sae. Petitioners euparessly wily& any right to appeal the Action and fitrthe r coventmt that they will not institute any ftatber *r coury with_ tlt+c per sc or f :min slovwing, . .. ar ur nay sex ung Construction ofthe School, includin& but not limited to'.. Vading tate Borrow Site. Z. ,Peddeners' ftyment to City and Disbriet Widim five (5) days of the ezecudon of this Agrement Petitionexs shall pay $250.00 to both the City and the DiatriCt for a total payment of SM.00 for costs kwum +ed. in the Action_ 3. Wirer of Cost by MY age! City and District agrossly waive any right to farther T -. 2 uaecment from Petitioners of costs relating to the Action as set forth in the Mmwnnda of Costs filed by the City and District in the Action, provided that, in the event Petitioners at any time violate Sections I or 4 lureof, City and District sball each be eudded to reimbursement from Petitioners of all costs as set forth in the Memoranda of Costs wed by the City end District in the Action. 4. Covenant Not to Ong,_ Petitioners hereby covenant and agree that they will engage in no Opposition Activities. As used in this Agreement, Opposition Activitics shall. EXRI$IT A ooCso "1,1o1V4v:M.00sz (1 of 6) 340 SEP.15.2003 12:02PM CUSD FACILITIES PLAN N0.171 P.5i11 • 0 mean and include any and all actions. public statements (expressly excluding private speech) and/or the filing of claims or objections undertaken with the purpose or effect of impeding: slowing, impairing, hindering or in any manner restricting consnuc t on of or grading for the School, inclutding, but not limited to, any Opposition Activities at the local, state or federal level. Violation of this provision will result in payment of costs as enumerated in Section 3 above. 5. Agreement Bilndinr on Sueces=rs_ It is agreed that this Agreement shall be binding upon and inure to the benefit of the heirs, exccutors, admin istraumm personal representatives, successors in interest and assigns of the respective Parties. 6. Covenant Re Assignments. Each Party hereby represents and wa mm to the other Parties that it has not heretofore assigned, transferred or hypothecated or purported to assign or teaas5 or hypothecate, or will in the future assign, or ttaasfer or hypothecate to anyone any debt, judgment; claim, liability, demand, action or cause of action, or any interest therein, based upon or arising our of or pertaining to or concerning or connected with any of the matters, facts, events or circumstances herein. 7. Attornevs' Fees. The Parties agree to bear their own attorneys' fees and costs incurred in connection with the Action and the negotiation and execution of this Agreement. Should any lawsuit; action, or proceeding be brought to enforce, avoid, nullify, reform, rescind, seek damages for alleged breach of this Agreement; or in any other way arising out of, related to or refermeing this Agreement, thea the prevailing party or paries in such a proceeding shall be entitled to be reimbursed by the other party or parties for all costs and expenses incurred as a nodt, whether or not ordinarily collectible, including but not limited to, reasonable attorneys' fees, expert wimess fees and costa for the services tendered to such prevailing party or parties. 8. Entire_ A�r_eemcnt. This Agreement embodies the entire umdetstaadiag among the Patties and none of tete Parties shall be bound by any conditions, warranties, or reptesen=otn other roan as expressly stated in etas Agareetnent. 9. Captions _— �'Oxtouus. Any titles, captions, or subheadings contained m this Agreement are for convenience only and shall not be deemed pan of the context of this Agreement or - consideruxl in- any- interpretation or construction of this Agzectnent Whenever tho masculine, fAmimine or neuter genders are used herein, as required by the contact or particularc�cu mst me, - t ;Shall italudc each ofth; other gendeis as. apptopziatt.- Wienever,the singala:r or -plural. numbers stye used, they shall be deemed to be the other as required. Wherever the present or Inst telze i5 utilized in this Agreement and the context or circumstances require another intarFretation, the present shall is In& tate past and future, the future shall include the present, and the past shall include the pf"Olt 10. C ' ;ger. Subject to the provisions of Section la below, the Parties hereby eacpt+essly acicaowiedge and agree that each and every tern and condition of this Agreement is of the essence of this Agreement; constitutes a material part of tete bargain, for consideration without which this Agreetneat would not have been executed and is a material pan of the Agreement. - 11. Severability. In the event that any provision or any part of any provision of this Agreement shall be void or unenforceable for any reason whatsoever, thea such provision shall be stricken and of no force and effect. The rani nig provisions or this Agreement; however, shall Continue in full force and effect, and to the went required, shall be modified to preserve their validity. EXHIBI7'-A DOCSOC.9a1501 Vd Z 50H.uaj: (2 of 6) 341 SEP.15.2003 12:03PM CUSD FACILITIES PLAN • N0.171 P.6i11 • 12, Modifications. This Agreement may only be changed or modified and any provisions hereof may only be waived by a waiting signed by the Patty against whom enfo=cement of any waiver, change or modification is sought. This Agreement may be amended only in writing by mutual consent of the Patties. 13. Counterparts. This Agreement may be executed in several counterparts and all so ®ce+�cd shalt constitmea one agreement which shall be binding on all the Patmi% hereto notwifhstendiag that all of the Patties arc not signatory to the orignni or the same counterpart 14. ztmreseetat[ona and BLamsnfs. The Parties represent and warrant to and agree with each other as follows: 14.1 Each Party has received independent legal advice from attorneys of its choice with respect to the advisability of making this settlement and with respect to the advisability of executing this- Agreement 14.2 Except as is expressly stated in this Agreement, no Party has made any s amenwat or representation to any other Pany regarding any fact, which statement or representation is relied upon by any other Party in entering into this Agreement. In connection with the execution of this Agreement or the making of the settlement provided for herein, no Party has relied upon any itam1n,14m representation or promise of any other party or their attorney not expressly contained lutein. 14.3 This Agreement is intended to be final and binding upon the Patties and is f rther intended to be effective as a full and final accord and satisfaction among diem regardless of any claims of fraud, * enation, concealment of fact mistake of fact or law, duress or any other c* ulmsm res whatsoever. Each Patty relies upon the finality of thts Agreement as a rnat=al factor inducing that party's execution of this Agreement Each Party agrees that from the date of this Agreement, any and all rights and/or liabilities existing between or among the Parties regarding the Disputed Anwunt shall arise solely out of the tenpos, provisions, representations and warraoties contained in this Agreement 14.4 The teras of this Agreement are contzacttrati and are the t+cs dt of negotiations among the Pauttes. Each Party has cooperated in the drdiiing and prtpa =on of this Agreement ar-wo itz. any coatavction to be made of this Agreement, thesame shall not be .cotastzued against any 14.5 This Agreement has been carefully read by each of the Parties and the cow thereof are ltmown and undemtiood by each of the- Patties. This Agreement is siped freely by each Patty executing it 15. W_zrraatr► o Autdority. Each Party whose sigQature is af$xed hereto in a representative capacity rcpreseats and wanants that he is authorized to execute this Agreement on behalf of and to bind the entity on whose behalf his signature is affixed. ]EXHIBIT A 00MC981501 (3 of 6) 342 SEP.15.2003 12:03PM CUSD FACILITIES PLAN N0.171 P.7i11 • 16. Ned eAlI notices -shall -be sent to-tha folIomr* a&resa: (a) To the District: Capistrano Unified School District 32912 Calle Perfecta Sart Juan Capistrano, CA 92675 Attend Associate Seip dent; Fac ftc . Plm ahW With copy to: Denise Heng Sig~ Yocca Carlson & Rau&- . 660 Newport Centtr Drive; Shite I600 Newport Bcach, Cali£amia 92660 (b) To the City: City of San Juan Capistrano 32400 Pasco Adelmno Sao J=an Capistrano, CA 92675 Attention: City Manager With copy to: John R Shaw Woodruff, Spradhu do Smart - E 701 South Parker Street Suite 8000 Orange, CA 92868-4720 (c) To Petitioners_ CAUSE Attention: Dc. Lowes Uso W'I* copy to: Stephen Wes Van Blarcom Liebold, McCleadoa & MAM 23422 Mill Creek D dM Suite 105 Laguna Huls, CA 92653 17. fiMM nW Law. 'this Agreemeat shall be construed, in --Mbow wft and be gpvtct§ecl.bydwlaw ofthe State of California_ EXHIBIT A (4 of 6) 343 SEP.15.2003 12:03PM CUSD FACILITIES PLAN N0.171 P.8/11 18. Ve ue. Any action,, snit of other procceding AodU od m remedy, prcmt or obtain belief from a brtsch of this Agrep�timo - g out of a kucit of 63 Agft �eemmti ilmlvclaims with to acopc of tie mauves in this Aa orexie is tmdect is, A almR be kaftMd aodedaniy=*a SnpeiocCmtoftie Conroy of Otmge, Cali m- fla. Dere: -w2m Dace: � 2003 Date. ..._. , . 2003 •tip . � � � �«:�• .� C= OF Ju" 9 By. Yts= CitYhdmlfpe' CAUSE By: Dr. Londres Uso AppRovsp As To-Fbnm: STRADLING YOCCA CARLSON dt RAtnH Dodse Being Attonays forC 4 vriff, pa School District WOOD, & SrAT, Anmnals for Cky ofSen Thum Capia�na VAN BLARCOW-MBOLD KCCLEMDDN & WkNN Alto eys fair CAUSE aad Uso EXIT A nn ;W"J3olv4V2M W52 (5 of 6) 344 SEP. 15.2002t ' 12 -'04Phr" ' " CUSD FACILITIES PLAN 17 2 46612VlFQ RESIDENCE ----N0.171 P.9/11. -• - 920 PM .L gap 84 ow 3a.-24 Any .otiony .at or Aar pmooWiMt iaof imed io moody, payvoat orokds eolitctYmn . bessch of w rAI. s oat ors bnarh oE1'�a �►preaaoak i�oi owm WNW* dK mMm ofthe r aooObW in 010 AWasooK cw"Woft Wadmobn*w strioa wWw ibis Amt, sM i bt)Gdfb W and and doWin da SrpuimCowgotdisCatnty of urdat. t'.ibilui& CAPISMANOEORMDaCgoor ivsn cr L3410: .2003 W. Jam H I�: 9WNdp�plt V.rff OP UN MMCAPf$TMAM t babe: 2001 AfVwOV= **TaFO M-' Mwa;. O VOCCA CARIsM 4 RMMI uaaissH�pog. Actar� �' umfild Soiaol ulsvw WOODMUI-);, ISTMAMM 19" RT A an City ofUm jwm ayiom V YAAM Ams CAME wA Elm oocaccI Wvlodww4w EXHIBIT A EG of 6) NNW 345