03-0716_CAUSE_Settlement AgreementSEP.15.2003 12:02PM CUSD FACILITIES PLAN N0.171 P.4111
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_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.
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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.
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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.
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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_
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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
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