HomeMy WebLinkAboutCC 7 TAX SETTLE AG 10-07-91-A CONSENT CALENDAR NO. 7
Gi
E N DA /6 10-7-91
DATE: September 24, 1991 i # r - k-
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL and
TO: TUSTIN REDEVELOPMENT AGENCY
FROM: CITY ATTORNEY
SUBJECT: PENALTY TAX SETTLEMENT AGREEMENT
Our office has received the final Settlement Agreement and
Mutual Release from the County of Orange which reflects the
previous negotiated settlement of Tustin's and Tustin Redevelopment
Agency's lawsuit against the County for a share of the property tax
penalties. As you may recall, our office filed a lawsuit on behalf
of Tustin, the Tustin Redevelopment Agency and numerous other
public entities against the County of Orange for payment of
property tax penalty funds withheld by the County.
The County of Orange collects the property tax penalties from
property owners who are delinquent in paying property taxes.
Beginning in 1985-86, the Orange County Auditor -Controller
impounded the tax penalty monies, refusing to distribute them to
the various local public agencies' general funds. Following such
impound, various lawsuits were filed against the County on behalf
of the local public agencies within the County demanding that the
property tax penalties be distributed.
The lawsuit brought by the City of Anaheim was the first to be
heard at the trial level and Anaheim prevailed. The County of
Orange filed an appeal. Meanwhile, the County lobbied the State
Legislature to enact AB 2372 which provided that the County was
entitled to keep all property tax penalties. In addition, the
legislation provided that it was to be retroactive as to those
counties which had impounded the tax penalty monies prior -to the
effective date of the legislation. This legislation was passed,
resulting in a validation of the County of Orange's retention of
the property tax penalties from the year 1985-86, to the present.
DAD:cj ♦ :S\1506A
Inter -Com
Page Two
September 24, 1991
The other local public agencies proceeded with their lawsuits
on the theory that the legislation could not be retroactive.
However, it was our belief, and the belief of the attorneys
representing other agencies, that our chances of prevailing were
slight.
During settlement negotiations, the County offered to pay all
local agencies 15% of the property tax penalties. Acting in
conjunction, the local agencies countered at 25% and all parties
finally settled at 22%. The Settlement Agreement and Mutual
Release reflect these negotiations accurately. They provide that
Tustin and Tustin Redevelopment Agency will receive 22% of all
impounded tax penalties for the years 1985-86, 1986-87, 1987-88 and
1988-89. The amount of money to be received by Tustin is 22% of
$74,247, or $16,334. The Tustin Redevelopment Agency is to receive
22% of $54,428, or $11,974. Please place the Agreements on the
agendas for the next available meetings of the City and Agency. We
recommend that the Agreements be approved and signed and that the
signature pages be returned to us for forwarding to the County.
VJAHLV G. ROURKE DAVID A. Oe
CITY ATTORNEY DEPUTY CITY A
DAD:cj ♦ :S\1506A
cc: W. Huston
R. Nault
DAD:cj ♦ :S\1506A
SETTLEMENT AGREEMENT
THIS AGREEMENT is entered into by and between the Orange County
cities, redevelopment agencies, and special districts (hereinafter
"Cities, Agencies, and Districts") named'in Exhibit A hereto and
the
County of Orange as follows:
WHEREAS, certain disputes have arisen between the Cities,
Agencies, and Districts and the County of Orange regarding the allo-
cation of delinquent property tax penalties collected by the Orange
County Tax Collector;
WHEREAS, the Orange County Auditor -Controller has impounded the
disputed delinquent tax penalties for tax years 1985-86, 1986-87,
1987-88, and 1988-89;
WHEREAS, Cities, Agencies, and Districts have filed in the Orange
County Superior Court twenty separate actions seeking recovery of the
disputed delinquent tax penalties. The title and case number of each
case is listed in Exhibit B hereto, and incorporated herein by
reference;
WHEREAS, the parties wish to resolve all disputes as to the
allocation of the delinquent tax penalties in question, terminate the
actions listed in Exhibit B, and provide the allocation and
distribution of the funds presently impounded;
NOW, THEREFORE, it is hereby agreed as follows:
1. The delinquent property tax penalties attributable to
property taxes allocated to each City, Agency, or District and which
were impounded by the Orange County Auditor for tax year 1985-86,
1986-87, 1987-88 and 1988-89 shall be divided, distributed or
disbursed at a ratio of seventy-eight percent (781) to the County of
6%18/91 1.
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Orange and twenty-two percent (22%) to the Cities, Agencies, and
Districts, and specifically in the amounts and to the Cities,
Agencies, and Districts as named and listed in Exhibit A. No interest
shall be payable to the Cities, Agencies, or Districts by or on
account of this Settlement Agreement.
2. Upon receipt of the amounts listed in Exhibit A, the Cities,
Agencies, and Districts shall cause to be filed with the Orange County
Superior Court (or the Fourth District Court of Appeal in Communit
Redevelopment Agency of the City of Santa Ana et al. v. V. A. Heim
et al., case No. G-010669 (OCSC No. 55-09-70)).a Request for Dismissal
by which full dismissal with prejudice of each and every action
currently filed and pending by the Cities, Agencies, and Districts and
against the County shall be obtained.
3. The parties will execute concurrently with this Agreement a
mutual general release in the form attached hereto as Exhibit "C."
4. Each of the parties to this Agreement represents and warrants
to the other that (i) each of them has the full power, capacity and
authority to enter into this Agreement and (ii) no promise or induce-
ment has been offered or made for this Agreement except as
P set forth
herein. The representations and warranties made herein shall survive
the execution and delivery of this Agreement and shall be binding upon
the respective successors and assigns of the County, and the Cities
Agencies, and Districts.
5. The parties hereto, and each of them, represent and declare
that in executing this Agreement they relied solely upon their own '
judgment, belief and knowledge, and the advice and recommendations of
their own independently selected counsel, concerning the nature,
i
extent and duration of their rights and claims, and that they have not
e63/200
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been influenced to any extent whatsoever in executingthe
same by any
representations or statements covering any matter made by any other
party hereto or any person representing any of such other
parties
hereto.
6. This Agreement and the attached Exhibits constitute
the
entire agreement between the parties pertaining to the subject � ct matter
-hereof, and the final, complete and exclusive expression of
the terms
and conditions of their agreement. Any and all prior a reem
g ents,
representations, negotiations and understandings made by the parties,
es,
oral or written, express or implied, are hereby superseded and merged
herein.
7. This Agreement may be executed in any number of counterparts,
each of which shall be an original, but all of which shall constitute
one and the same instrument.
8. The parties hereto, and each of them further represent and
declare that they have carefully read this Agreement and know
the
contents thereof and that they signed the same freely and voluntarily.
IN WITNESS WHEREOF, the parties hereto have executed this Agree-
ment as of the day and year dated below.
Dated: , 1991.
epi/200
6/18/91
COUNTY OF ORANGE
By
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Approved As To Form:
Attorney for CAPISTRANO BAY
PARK AND RECREATION DISTRICT
and LYNN MUIR
Approved As To Form:
Attorney for CITY OF COSTA
MESA and REDEVELOPMENT AGENCY
OF THE CITY OF COSTA MESA
Approved As To Form:
Attorney for CITY OF CYPRESS
and CITY OF CYPRESS RECREATION
AND PARR DISTRICT, THE CYPRESS
REDEVELOPMENT AGENCY and
MARGARET ARNOLD, MAYOR
ep3/600
CAPISTRANO BAY PARK AND RECREATION
DISTRICT
By
Its
Lynn Muir
CITY OF COSTA MESA
By
Its
REDEVELOPMENT AGENCY OF THE
CITY OF COSTA MESA
By
Its
CITY OF CYPRESS
By
Its
CITY OF CYPRESS RECREATION AND
PARK DISTRICT
By
THE CYPRESS REDEVELOPMENT AGENCY
By
Its
Margaret Arnold
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Approved As To Form:
Attorney or CITY OF FOUNTAIN
VALLEY and GEORGE SCOTT
Approved As To Form:
Attorney for CITY OF
FULLERTON, FULLERTON REDEVELOP-
MENT AGENCY, ORANGE COUNTY
WATER DISTRICT, CITY OF IRVINE,
CITY OF LAGUNA BEACH, CITY OF
SAN CLEMENTE REDEVELOPMENT
AGENCY, CITY OF YORBA LINDA,
YORBA LINDA REDEVELOPMENT AGENCY,
YORBA LINDA LIBRARY DISTRICT,
FOUNTAIN VALLEY AGENCY FOR
COMMUNITY DEVELOPMENT, CITY OF
LA PALMA, LA PALMA REDEVELOPMENT
AGENCY, SANTIAGO COUNTY WATER
DISTRICT, TRI -CITIES MUNICIPAL
WATER DISTRICT, and ROSSMOOR
COMMUNITY SERVICE DISTRICT
ep3/600
CITY OF FOUNTAIN VALLEY
By
Its
George Scott
CITY OF FULLERTON
By
Its
FULLERTON REDEVELOPMENT AGENCY
By
Its
ORANGE COUNTY WATER DISTRICT
By
Its
CITY OF IRVINE
By
Its
CITY OF LAGUNA BEACH
By
Its
i . t
CITY OF SAN CLEMENTE
By
Its
SAN CLEMENTE REDEVELOPMENT AGENCY
By
Its
CITY OF YORBA LINDA
By
Its
YORBA LINDA REDEVELOPMENT AGENCY
By
Its
YORBA LINDA LIBRARY DISTRICT
By
Its
FOUNTAIN VALLEY AGENCY FOR
COMMUNITY DEVELOPMENT
By
Its
CITY OF LA PALMA
By
• Its
Approved As To Form:
Attorney for CITY OF GARDEN
GROVE, GARDEN GROVE AGENCY
FOR COMMUNITY DEVELOPMENT
and J. TILMAN WILLIAMS
ep3/600
LA PALMA REDEVELOMENT AGENCY
By
Its
SANTIAGO COUNTY WATER DISTRICT
By
Its
TRI -CITIES MUNICIPAL WATER DISTRICT
By
Its
ROSSMOOR COMMUNITY SERVICE DISTRICT
By
.Its
CITY OF GARDEN GROVE
By
Its
GARDEN GROVE AGENCY FOR COMMUNITY
DEVELOPMENT
By
Its
J. Tilman Williams
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Approved As To Form:
Attorney for GARDEN GROVE
SANITARY DISTRICT and
ROBERT MAIN
Approved As To Form:
Attorneys) for CITY OF
HUNTINGTON BEACH, HUNTINGTON
BEACH REDEVELOPMENT AGENCY
and JOHN ERSKINE
Approved As To Form:
Attorney for LAGUNA BEACH
COUNTY WATER DISTRICT
Approved As To Form:
•• -- j a .. a %, Z 1 1 y r Ltd j jH j31(A
REDEVELOPMENT AGENCY OF
LA HABRA and JAMES A. FLORA
ep3/600
GARDEN GROVE SANITARY DISTRICT
By
Its
Robert Main
CITY OF HUN't'INGTON BEACH
By
Its
HUNTINGTON BEACH REDEVELOPMENT
AGENCY
By
Its
John Erskine
.LAGUNA BEACH COUNTY WATER DISTRICT
By
Its
CITY OF LA HABRA
By
Its
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Approved As To Form:
Attorneys for CITY OF
LOS ALAMITOS and
CHARLES E. SYLVIA, MAYOR
Approved As To Form.-
Attorneys
orm:
Attorneys for CITY OF MISSION
VIEJO, independently and as
Successor -in -Interest to the
Mission Viejo Community
Services District and
NORMAN P. MURRAY, MAYOR
.
ep3/600
REDEVELOPMENT AGENCY OF LA HABRA
By
Its
James A. Flora
CITY OF LOS ALAMITOS
By
Its
Charles E. Sylvia
CITY OF MISSION VIEJO,
independently, and as Successor -
In -Interest to the Mission Viejo
Community Services District
By
Its
Norman P. Murray
Approved As To Form:
Attorney for CITY OF NEWPORT
BEACH and JOHN C. COS, JR.
Approved As To Form:
Attorney for CITY OF
PLACENTIA, PLACENTIA
REDEVELOPMENT AGENCY
and JOHN 0. TYKES
Approved As To Form:
Attorney for COUNTY
SANITATION DISTRICT NOS.
1, 2, 3, 5, 6, 7, and 11 of
ORANGE COUNTY, CALIFORNIA;
CITY OF TUSTIN, TUSTIN COMMUNITY
REDEVELOPMENT AGENCY; MIDWAY
CITY SANITARY DISTRICT; LOS
ALAMITOS COUNTY WATER DISTRICT;
SOUTH COAST WATER DISTRICT and
IMPROVEMENT DISTRICT NO. 1 OF
SOUTH COAST WATER DISTRICT
.
ep3/600
CITY OF NEWPORT BEACH
By
Its
John C. Cox, Jr.
CITY OF PLACENTIA
By
Its
PLACENTIA REDEVELOPMENT AGENCY
By
Its
John 0. Tynes
COUNTY SANITATION DISTRICT NO. I
By
Its
COUNTY SANTIATION DISTRICT NO. 2
By_
Its
�D
Approved As To Form:
Attorney for CITY OF SAN JUAN
CAPISTRANO? CITY OF SAN JUAN
CAPISTRANO COMMUNITY REDEVELOP-
MENT AGENCY, and
STEPHEN B. JULIAN
ep3/600
MIDWAY.CITY SANITARY DISTRICT
By
Its
LOS ALAMITOS COUNTY WATER DISTRICT
By
Its
SOUTH COAST WATER -DISTRICT
By
Its
IMPROVEMENT DISTRICT NO. 1 OF
SOUTH COAST WATER DISTRICT
By
Its
CITY OF SAN JUAN CAPISTRANO
By
Its
CITY OF SAN JUAN CAPISTRANO
REDEVELOPMENT AGENCY
By
•I t s
Approved As To Form:
Attorney for CITY OF
SANTA ANA, COMMUNITY REDEVELOP-
MENT AGENCY OF THE CITY OF
SANTA ANA
Approved As To Form:
Attorneys for CITY OF SEAL
BEACH, REDEVELOPMENT AGENCY
OF THE CITY OF SEAL BEACH
Approved As To Form:
Attorneys or CITY OF
STANTON, STANTON REDEVELOP-
MENT AGENCY, MARTHA V. WIESHAUPT,
MAJOR, and PAUL VERELLEN
ep3/600
CITY OF SANTA ANA
By
Its
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF SANTA ANA
By
Its
CITY OF SEAL BEACH
By
Its
REDEVELOPMENT AGENCY OF THE
CITY OF SEAL BEACH
By
Its
CITY OF STANTON
By_
Its
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Approved As To Form:
Attorney for CITY OF
WESTMINSTER, WESTMINSTER
REDEVELOPMENT AGENCY,
WESTMINSTER`MUNICIPAL
LIGHTING DISTRICT and
CITY OF WESTMINSTER SPECIAL
DISTRICT AUGMENTATION
TAX FUND
ep3/600
STANTON REDEVELOPMENT AGENCY
By
Its
Martha V. Weishaupt
Paul Verellen
CITY OF WESTMINSTER
By
Its
WESTMINSTER REDEVELOPMENT AGENCY
By
Its
WESTMINSTER MUNICIPAL LIGHTING
DISTRICT
By
Its
CITY OF WESTMINSTER SPECIAL
DISTRICT AUGMENTATION AX FUND
By
Its
EXHIBIT A
CITIESDISPUTED TAX PENALTIES
AND COMMUNITY REDEVELOPMENT AGENCIES
Exh . A. Page 1 of 2
SETTLEMENT
PAYMENT
FUND22%
1
FUND NAME
TOTAL
PENALTIES ES
OF
PENALTIES
__"_-_-_---------------------------
4
0002
0003
COSTA MESA CRA
FULLERTON CRA
--------------
$'32
$5,463
0004
0005
GARDEN'GROVE CRA
80
$17,634
0007
SANTA ANA CRA
SEAL BEACH CRA
154,1 474
105,439
33,984
23'197
0008
0009
SAN CLEMENTE CRA
LA H,AB� CRA
16,314
11, 063
'
3. 589
0014
0015
CYPRESS CRM
7, 512
.2,434
1, 653
0016
FOUNTAIN'VAL CRA
HUNT BEACH CRA
1,237
851
272
17o,127
0019
0023
PLAC'�IA �►
30'527
13#217
61716
08
0024
0025
SAN JUAN CAP CRA
STANTON CRA
9,036
10 494
1'988
'
2,309
0026
0027
TUSTIN CRA
SANTA ANA CRA
17'141
54'428
•
3.771
11,974
0028
0029
WESTMINSTER CRA
237,119
52,166
0037
YORBA LINDA CRA
MISSION VIEJO
12,882
40,044
2j834
8'
0038
0039
IRVINE
YORBA LINDA
29.377
243,863
,810
6,463
53,650
0043
0044
COSTA MESA
119,652
26,324
0045
CYPRESS
LA PAS
219,520
62,208
48,294
13,686
0046
0047
FOUNTAIN VALLEY
24,496
5s389
004$
FULLERTON
GARDEN GROVE
67,527
184,826
14,856
40,662
0049
0050
H
LAGUNA BBEAAC,HBEACH
152,526
429,765
33'556
94 548
0051
LA HABRA
165,758
36'467
0052
0053
LOS AL MITOS
75,313
16, 569
0056
NEWPORT BEACH
PLACENTIA
15,491
3270656
3j408
72,084.
0057
0058
SAN CLE4ENTE
SAID JUAN CAPISTRANO
54,122
133,040
11,907
29,269
0059
SANTA ANA
53,j110 �
11 684
0060
SEAL BEACH
342,150
75,273
0061
STANTON
48.285
10,623
0062
TUSTIN
37,143
8#172
0064
WESTMINSTER
74,247
16,334
56,115
12,345
TOTAL-----------------------
$3,819,955
$840,392
Exh . A. Page 1 of 2
DISPUTED TAX PENALTIES - LITIGATING ENTITIES
22% OF
TOTAL TOTAL,
FUND FUND NAME PENALTIES PENALTIES
1 2 3 4
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
DISPUTED TAX PENALTIES - INDEPENDENT SPECIAL DISTRICTS
0010
CYPRESS REC/PARK
0066
MIDWAY CITY SAN
0067
GARDEN GROVE SAN
0074
TRI CITIES WATER
0080
LAGUNA BEACH WATER
0081
SOUTH COAST WATER
0086
SANTIAGO WATER
0093
LOS ALAMITOS WATER
0099/5171
ROSSMOOR CSD
5081
YORBA LINDA LIBRARY
5091
YORBA LIN LIB BONDS
5101
YORBA LIN LIB BONDS
5271
CAPO BAY PARK\REC
5521
MISSION VIEJO CSD
5881
OC WATER DISTRICT
5901
OC WATER DIST RESERVE
9021
OC SANIT NO. 1 OPERATING
9031
OC SANIT NO. 2 OPERATING
9041
OC SANIT NO. 3 OPERATING
9051
OC SANIT NO. 5 OPERATING
9061
OC SANIT NO. 6 OPERATING
9071
OC SANIT NO. 7 OPERATING
9091
OC SANIT NO. 11 OPERATING
9161
OC SANIT NO. 1 BOND/INT .151
9191
OC SANIT NO. 5 BOND/INT 151
9201
OC SANIT NO. 6 BOND/INT 151
9221
OC SANIT NO. 11 BOND/INT 151
9281
OC SANIT NO. 11 INT/SINK 158
9861
OC SANIT NO. 3 & 11 OPER SUSP
TOTAL INDEPENDENT DISTRICTS
$23,488 $5,167
59,588 13,109
17,202
3,784
15,053
3,312
15,307
31368
38,418
8,452
7,821
1,721
1,573
'346
4,350
957
2
0
936
206
88
19
71577
1,667
43,722
9,619
117,053
25,752
1,741
383
61,155
13,454
134,077
29,497
172,542
37,959
53,427
11,754
40,834
81984
57,092
12,560
44,290
9,744
1,337
294
482
106
247
54
258
57
991
218
8,479
1,865
$929,130 $204,408
Exh. A, Page 2 of 2
EXHIBIT B
CASE LIST
Case Name
Case Number
1. Capistrano Bay Park and Recreation District, 56 19 94
et al. v. County of Orange, et al.
2. City of Costa Mesa v. S. E. Lewis, et al. 56 24 88
3. City of Cypress, et'al. V. County of 56 91 27
Orange, et al.
4. City of Fountain Valley, et al. v. 55 52 -10
County of Orange, et al.
5. City of Fullerton, et al.*v. County_ 56 08 61
of Orange, et al.
6. Citv of Garden Grove, et al. v. County_ 55 43 61
of Orange, et al.
7. Garden Grove Sanitary District, et al. 55 80 51
v. County of Orange, et al.
8. City of Huntington Beach, et al. v. 54 79 89
County of Orange, et al.
9. Laguna Beach County Water District v. 56 14 17
County of Orange, et al.
10. City of La Habra, et al. v. County of 56 05 30
Orange, et al.
11. City of Los Alamitos, et al. v. County 56 91 28
of Orange, et al.
12. City of Mission Viejo, et al. v. County 56 86 89
of .Orange, et al.
JXM/ 6 1
EXHIBIT B
CASE LIST
Case Name
Case Number
13.
City of Newport Beach, et al. v. 'County
of Orange, et al.
55
77
68
14.
City of Placentia, et al. V. County of
55
83
92
Orange, et al.
15.
County Sanitation District Nos. 1, 2, 3,
5, 6, 7, and 11 of Orange County, et al. V.
56
09
06
County of Orange, et al.
16.
City of San Juan Capistrano, et al. v.
55
94
20
County of Orange, et al.
170- Community Redevelopment Agency of the. 5
City of Santa Ana. et al. v. V. A 0
A. Hera, G5 5 09 09 7 79
et al.
(DCA -4th)
18. City of Seal Beach, et al. v. County of
County of Orange, et al. 61 13 66
19. City of Stanton, et al. V. County of
Orange, et al. 56 91 29
20. City of Westminster, et al. v. County of 55 65 17
Orange, et al.
JXM/6 2
1 MUTUAL GENERAL RELEASE
2
3 1. Parties
4 The parties to this mutual general release (the "release"
S are the COUNTY OF ORANGE, a political subdivision of the State of
6 California, CAPISTRANO BAY PARK AND RECREATION DISTRICT, a municipal
7 corporation, LYNN MUIR, Director of Capistrano Bay Park and Recreation
8 District, CITY OF COSTA MESA, a municipal corporation, REDEVELOPMENT
9 AGENCY OF THE CITY OF COSTA MESA, a public body, CITY OF CYPRESS, a
10 charter city, CITY OF CYPRESS RECREATION AND PARK DISTRICT, an
11 independent special district, CYPRESS REDEVELOPMENT AGENCYf an
12 independent public entity, MARGARET ARNOLD, a citizen, resident and
13 Mayor of the City of Cypress, CITY OF FOUNTAIN VALLEY, a municipal
14 corporation, GEORGE SCOTT, a citizen and former Mayor of the City of
Woo 15 Fountain Valley, CITY OF FULLERTON, a public entity, FULLERTON
V V
~z 16 REDEVELOPMENT AGENCY, a public entity, ORANGE COUNTY WATER DISTRICT a
6 'OK 17 public entity, CITY OF IRVINE, a public entity, CITY OF LAGUNA BEACH
18 a public entity, CITY OF SAN CLEMENTE
, a public entity, SAN CLEMENTE
19 REDEVELOPMENT AGENCY, a public entity, CITY OF YORBA LINDA, aP ublic
20 entity, YORBA LINDA REDEVELOPMENT AGENCY a
public entity, YORBA LINDA
21 LIBRARY DISTRICT, a public entity, FOUNTAIN VALLEY AGENCY FOR
22 COMMUNITY DEVELOPMENT a y�
� public entity, CITY OF LA PALMA a public
�3 entity, LA PALMA REDEVELOPMENT AGENCY a'
public entity, SANTIAGO
24 COUNTY WATER DISTRICT 8
public entity, TRI -CITIES MUNICIPAL WATER
25 DISTRICT a
public entity, ROSSMOOR COMMUNITY SERVICE DISTRICT, a
N 26 public entity, CITY OF GARDEN GROVE, OVE, a municipal corporation, J.
27 TILMAN WILLIAMS, citizen, resident and Mayor of the Cit of Garden
28 Y
Grove, GARDEN GROVE AGENCY FOR COMMUNITY DEVELOPMENT, a public body,
arc\1
I GARDEN GROVE SANITARY DISTRICT, a political subdivision of the State
2 of California, ROBERT MARIN, a director of, and resident in, Garden
3 Grove Sanitary District, CITY OF HUNTINGTON BEACH, a municipal
4 corporation, JOHN ERSKINE, citizen, resident, and Mayor of the City of
S Huntington Beach, HUNTINGTON BEACH REDEVELOPMENT AGENCY, a public
6 body, LAGUNA BEACH COUNTY WATER DISTRICT,- a local special#tlistrict,
7 CITY OF LA HABRA, a municipal corporation, JAMES A. FLORA, citizen,
8 resident and Mayor of the City of La Habra, REDEVELOPMENT AGENCY OF LA
9 HABRA, a public body, CITY OF LOS ALAMITOS, a charter city, CHARLES E.
10 SYLVIA, citizen, resident and Mayor of the City of Los Alamitos, CITY
11 OF MISSION VIEJO, a municipal corporation and as successor in interest
12 to the Mission Viejo Community Services District, NORMAN P. MURRAY,
13 citizen, resident and Mayor*of the City of Mission Viejo, CITY OF
14 NEWPORT BEACH, a municipal corporation, JOHN C. COX, JR., citizen,
OD3 1S resident and Mayor of the City of Newport Beach,.CITY OF PLACENTIA, a
r V
c..w 16 municipal corporation, JOHN 0. TYNES, citizen, resident and Mayor of
0 Z Z
o0 17 the City of Placentia, PLACENTIA REDEVELOPMENT AGENCY, a public body,
18 COUNTY SANITATION DISTRICT NOS. 1, 2, 3, 5, 6, 7, and 11, local public
19 agencies, CITY OF TUSTIN, a municipal corporation, TUSTIN COMMUNITY
20 REDEVELOPMENT AGENCY, a local public agency, MIDWAY CITY SANITARY
21 DISTRICT, a local public agency, LOS ALAMITOS COUNTY WATER DISTRICT, a
22 local public agency, SOUTH COAST WATER DISTRICT, a local public
23 agency, IMPROVEMENT DISTRICT NO. 1 OF SOUTH COAST WATER DISTRICT, an
24 improvement district, CITY OF SAN JUAN CAPISTRANO.. a municipal
25 corporation, CITY OF SAN JUAN CAPISTRANO, COMMUNITY REDEVELOPMENT
N 26 AGENCY, a public body, STEPHEN B. JULIAN, citizen resident and City
27 Manager of the City of San Juan Capistrano, and Executive Director of
® 28 the San Juan Capistrano Community Redevelopment Agency, Cy, CITY OF SANTA
dre\1 2 •
1 ANA, a municipal corporation, COMMUNITY REDEVELOPMENT AGENCY OF THE
2 CITY OF SANTA ANA, a public body, CITY OF SEAL BEACH, a municipal
.3 corporation, REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH, a public
4 body, CITY OF STANTON, a municipal corporation, MARTHA V. WEISHAUPT,
5 citizen, resident and Mayor of the City of Stanton, STANTON
6 REDEVELOPMENT AGENCY, an independent public entity, PAUL VERELLEN,
7 citizen and resident of the City of Stanton and Chairman of the
8 Stanton Redevelopment Agency, CITY OF WESTMINSTER, a municipal
9 corporation, WESTMINSTER REDEVELOPMENT AGENCY, a public entity,
10 WESTMINSTER -MUNICIPAL LIGHTING DISTRICT, a public entity, and CITY OF
11 WESTMINSTER SPECIAL DISTRICT AUGMENTATION TAX FUND, a special district
12 tax fund.
13 2. Definitions.
14 For purposes of this release, the term:
Woo 15 (a) "Related parties" includes, where applicable, each and all
16 of such party's respective predecessors, successors, and assigns; each
0 Z Z
V0 17 and all of such party's heirs and personal representatives (if such
18 party is an individual); each and all of such party's past,present,
19 and future directors, officers, and elected or appointed members of
20 the party's governing body; each and all of such party's agents,
21 employees, representatives, and attorneys; and each and all persons
22 acting by, through, under, or in concert with such party or in concert
23 with any or all of the foregoing persons.
14 (b) The "Claim" means any and all manner of action or actions,
25 cause or causes of action, in law or in equity,. suits, debts, liens,
N 26 contracts, agreements, promises, liabilities claims demands,
a ds,
27 damages, losses, costs or expenses, of any nature whatsoever, known or
® 28 unknown, fixed or contingent, which an art ha
Y party now s,or may hereafter
e«\i 3.
I have, against each or any of the persons suchart
p y hereby releases by
2 reason of those certain lawsuits now pendia in the
9 Superior Court of
3 the State of California in and for the Count of Orange, n9e, and now or
4 pending in Division Three of the Fourth District
of the California
S Court of Appeal, as listed in Exhibit "A" attached
hereto and
6 incorporated herein by reference, including all related cross -
7 complaints, as well as any matters, causes, or things whatsoever that
8 were, or have been, or could in any way have been alleged in the
9 respective pleadings filed in said suits.
.10 3* Reled,%a.
11 For a valuable consideration, the receipt and adequacy of which
12 are hereby acknowledged, each party on behalf of itself and its
i3 Related Parties, does hereby fully release and forever discharge the
14 other party and the other party's Relatedarti
p es, and each of them,
o;; 15 from the Claim and from any matters, causes, or thin
0
WW
°W things whatsoever that
16
>� have been or could in any way have been raised, demanded
.Z
° c c 17 , or alleged
W° against the other party and the other party's Related Parties, , or any
of them, arising out of, based upon, or relating to the Claim.
19 4. Waiver of Unknown r- a ; m
20 EACH PARTY ACKNOWLEDGES THAT IT HAS BEEN ADVISED BY LEGAL COUNSEL
21 AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION
22 1542 WHICH PROVIDES AS FOLLOWS;
�3 "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
24
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN
25
HIS FAVOR AT THE TIME OF EXE
.. GUYING THE RELEASE,
26
27
28
d«\i 4.
i
z
3
4
5
6
7
8
9
10
11
12 �
13
-
14
IL p , 7
15
W O V
W
16
z
O z t
60 17
18
19
20
21
22
23
24
25
26
N
17
�! 28
WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
EACH PARTY, BEING AWARE OF THIS CODE SECTION, HEREBY EXPRESSLY WAIVES
AND RELINQUISHES ALL RIGHTS AND BENEFITS WHICH IT MAY HAVE THEREUNDER,
AS WELL AS UNDER ANY OTHER STATUTE(S) OR COMMON LAW PRINCIPLES) OR
SIMILAR EFFECT.
5. Warranty Against Prior ASsignmentq.
Each party represents and warrants that it has not assigned or
transferred any interest in any Claim which it may have against the
persons which it releases under the term of this release, or any of
them, and each party agrees to indemnify and hold such persons, and
each of them, harmless from any liabilities, claims, demands, damages,
costs, expenses, and attorneys' fees incurred by such persons, or any
of them, as a result of any person asserting any such assignment or
transfer, or any 'rights or claims under any such assignment or
transfer. It is the intention of the parties that this indemnity does
not require payment as a condition precedent to recovery hereunder by
any indemnified person.
• •� •I .fi• =GI RTR • •�
This release and the rights and obligations of the parties shall
be governed by, and construed and interpreted in all respects in
accordance with, the law of the State of California. Without limiting
the generality.of the foregoing, when the context in which the words
are used in this release indicates that such is the intent, words in
the singular number shall include the plural and vice versa, all
pronouns, and variation thereof shall be deemed to refer to all
genders, and the term "person" shall include a corporation or other
entity, as well as a natural person.
5.
1
2
3
4
5
6
7
8
9
10
11
i
12
13
14
k; Z03
15
W o V
16 - � W
k Z
0 .0
oo c 17
V�
18
19
20
21
22
23
24
25
26
N
27
® 28
7. Attorneys' Fees
Each party agrees that if it hereafter commences any suit arising
out of, based upon, or relating to, or in any manner asserts against
the other party and the other party's Related Parties, or any,of them,
any claim released herein, it shall pay to each of them, in addition
to any other damages caused to any such person, that person s
reasonable costs and attorneys$ fees incurred in defending or
otherwise responding to such suit or claim.
8. No Ad_m i s s i cin .
Each party understands and agrees that the execution of this
release shall not constitute or be construed as an admission of any
obligation, or of the validity of any claim whatsoever, by the persons
which are released under the terms of this release,or by any of them.
9. Counterparts.
This release may be executed in one or more counterparts, which
together shall constitute a single document, and each of which shall
be an original for all purposes.
This release is executed by the undersigned on the dates at the
places indicated below.
Approved As To Form:
TERRY C. ANDRUS, COUNTY COUNSEL
By
David R. Chaffee, Deputy
6.
COUNTY OF ORANGE
By_
Its
1
2
3
4
5
6
7
8
9
IO
13
14
15
°5o
WC V
� W
16
O z z
z
o' 0 17
v
18
19
20
21
22
23
24
25
26
N
27
28
Approved As To Form:
Attorney. or CAPISTRANO BAY
PARR AND RECREATION DISTRICT
and LYNN MUIR
Approved As To Form:
Attorney for CITY OF COSTA
MESA and REDEVELOPMENT AGENCY
OF THE CITY OF COSTA MESA
Approved As To Form:
Attorney for CITY OF CYPRESS
and CITY OF CYPRESS RECREATION
AND PARK DISTRICT, THE CYPRESS
REDEVELOPMENT AGENCY and
MARGARET ARNOLD, MAYOR
epi/600
CAPISTRANO BAY PARK AND RECREATIO?
DISTRICT
By
Its
Lynn Muir
CITY OF COSTA MESA
By
Its
REDEVELOPMENT AGENCY OF THE
CITY OF COSTA MESA
By
Its
CITY OF CYPRESS
By
Its
CITY OF CYPRESS RECREATION AND
PARK DISTRICT
THE CYPRESS REDEVELOPMENT AGENCY
By
Its
Margaret Arnold
1
2
3
4
5
6
7
8
9
10
13
14
21
22
23
24
25
26
N
27
® 28
Approved As To Form:
Attorney or CITY OF FOUNTAIN
VALLEY and GEORGE SCOTT
Approved As To Form.-
Attorney
orm:
Attorney for CITY OF
FULLERTON, FULLERTON REDEVELOP-
MENT AGENCY, ORANGE COUNTY
WATER DISTRICT, CITY OF IRVINE,
CITY OF LAGU14A BEACH, CITY OF
SAN CLEMENTE REDEVELOPMENT
AGENCY, CITY OF YORBA LINDA,
YORBA LINDA REDEVELOPMENT AGENCY,
YORBA LINDA LIBRARY DISTRICT,
FOUNTAIN VALLEY AGENCY FOR
COMMUNITY DEVELOPMENT, CITY OF
LA PALMA, LA PALMA REDEVELOPMENT
AGENCY, SANTIAGO COUNTY WATER
DISTRICT, TRI -CITIES MUNICIPAL
WATER DISTRICT, and ROSSMOOR
COMMUNITY SERVICE DISTRICT
ep3/600
CITY OF FOUNTAIN VALLEY
By
Its
George Scott
CITY OF FULLERTON
By
Its
FULLERTON REDEVELOPMENT AGENCY
By
Its
ORANGE COUNTY WATER DISTRICT
By
Its
CITY OF IRVINE
By
Its
CITY OF LAGUNA BEACH
By
Its
1
2
3
4
5
6�
i
7�
8
i
' 91
10
11
12�
13
14
15
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16 � W
4 u
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'0O 17
18
19
20
21
22
23
24
25
C 26
N
27
® 28
CITY OF SAN CLEMENTE
By_
Its
SAN CLEMENTE REDEVELOPMENT AGENCY
By
Its
CITY OF YORBA LINDA
By
Its
YORBA LINDA REDEVELOPMENT AGENCY
By
Its
YORBA LINDA LIBRARY DISTRICT
BY
Its
FOUNTAIN VALLEY AGENCY FOR
COMMIINITY DEVELOPMENT
By
Its
CITY OF LA PALMA
By
Its
Approved As To Form:
Attorney for CITY OF GARDEN
GROVE, GARDEN GROVE AGENCY
FOR COMMUNITY DEVELOPMENT
and J. TILMAN WILLIAMS
ep3/600
LA PALMA REDEVELOMENT AGENCY
By
Its
SANTIAGO COUNTY WATER DISTRICT
By
Its
TRI—CITIES MUNICIPAL WATER DISTRIC'
By
Its
ROSSMOOR COMMUNITY SERVICE DISTRICT
By
Its
CITY OF GARDEN GROVE
By
Its
GARDEN GROVE AGENCY FOR COMMUNITY
DEVELOPMENT
By
Its
J. Tilman Williams
4
5
6
7
8
9
10
11
12
13
14
Approved As To Form:
Attorney for GARDEN GROVE
SANITARY DISTRICT and
ROBERT MAIN
Approved As To Form:
Attorneys) for CITY OF
HUNTINGTON BEACH, HUNTINGTON
BEACH REDEVELOPMENT AGENCY
and JOHN ERSKINE
Approved As To Form:
Attorney tor LAGUNA BEACH
COUNTY WATER DISTRICT
Approved As To Form:
Attorney for CITY OF LA HABRA,
REDEVELOPMENT AGENCY OF
LA HABRA and JAMES A. FLORA
ep3l600
GARDEN GROVE SANITARY DISTRICT
By
Its
Robert Main
CITY OF HUNTINGTON BEACH
By
Its
HUNTINGTON BEACH REDEVELOPMENT
AGENCY
By
Its
John Erskine
LAGUNA BEACH COUNTY WATER DISTRICT
By
Its
CITY - OF LA HABRA
By
Its
1
3
4
5
6
7
8
9
10
11
12
13
14
15
o
W° V
W
16
u
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o� 1"
V
o '
18
19
20
21
'2 ,
23
24
25
2 26
27
28
Approved As To Form:
Attorneys for CITY OF
LOS ALAMITOS and
CHARLES E. SYLVIA, MAYOR
Approved As To Form:
Attorneys for CITY OF MISSION
VIEJO, independently and as
Successor -in -Interest to the
Mission Viejo Community
Services District and
NORMAN P. MURRAY, MAYOR
ep3/600
REDEVELOPMENT AGENCY OF LA HABRA
By
Its
James A. Flora
CITY OF LOS ALAMITOS
Charles E. Sylvia
CITY OF MISSION VIEJO,
independently, and as Successor -
In -Interest to the Mission Viejo
Community Services District
By
Its
Norman P. Murray
Approved As To Form:
Attorney for CITY OF NEWPORT
BEACH and JOHN C. COS, JR. -
Approved As To Form:
Attorney for CITY OF
PLACENTIA, PLACENTIA
REDEVELOPMENT AGENCY
and JOHN O. TYKES
Ap r v s T orm:
A for ey for�.COIUNTy
SANITATION DISTRICT
1, 2, 3, 5, 6, 7, and 11 of
ORANGE COUNTY, CALIFORNIA;
CITY OF TUSTIN, TUSTIN COMMUNITY
REDEVELOPMENT AGENCY; MIDWAY
CITY SANITARY DISTRICT; LOS
ALAMITOS COUNTY WATER DISTRICT;
SOUTH COAST WATER DISTRICT and
IMPROVEMENT DISTRICT NO. 1 OF
SOUTH COAST WATER DISTRICT
ep3/600
CITY OF NEWPORT BEACH
By
Its
John C. Cox, Jr.
CITY OF PLACENTIA
By
Its
PLACENTIA REDEVELOPMENT AGENCY
By
Its
John O. Tynes
COUNTY SANITATION DISTRICT NO. I
By
Its
COUNTY SANTIATION DISTRICT NO. 2
By
Its
1'
2�
I
31
4
5
61
7i
8'
9
10
13
_ 14
19!
20
21
22
23
24
25
26
N
N
,7
28
ep3/600
COUNTY SANITATION DISTRICT NO. 3
rI
Its
COUNTY SANITATION DISTRICT NO. 5
By
Its
COUNTY SANITATION DISTRICT NO. 6
By
Its
COUNTY SANITATION DISTRICT NO. 7
By
Its
COUNTY SANITATION DISTRICT NO. 11
By
Its
CITY OF TUSTIN
By
Its
TUSTIN COMMUNITY REDEVELOPMENT
AGENCY
By
Its
_ 1
2
3
4
5
6
7
8
91
10
11
12
13
_ 14
oi� 15
0 O
W O V
V 16
W
�
0 Z 2
Oo 1.
u
18
19
20
.21
22
23
24
25
26
27
® 28
Approved As To Form:
Attorney for CITY OF SAN JUAN
CAPISTRANO, CITY OF SAN JUAN
CAPISTRANO COMMUNITY REDEVELOP-
MENT AGENCY, and
STEPHEN B. JULIAN
ep3/600
MIDWAY CITY SANITARY DISTRICT
By
Its
LOS ALAMITOS COUNTY WATER DISTRICT
By
Its
SOUTH COAST WATER DISTRICT
By
Its
IMPROVEMENT DISTRICT NO. I OF
SOUTH COAST WATER DISTRICT
B ----------------y
Its
CITY OF SAN JUAN CAPISTRANO
By
Its
CITY OF SAN JUAN CAPISTRANO
REDEVELOPMENT AGENCY
BY
Its
Approved As To Form:
Attorney for CITY OF
SANTA ANA, COMMUNITY REDEVELOP-
MENT AGENCY OF THE CITY OF
SANTA ANA
Approved As To Form:
Attorneys for CITY OF SEAL
BEACH, REDEVELOPMENT AGENCY
OF THE CITY OF SEAL BEACH
Approved As To Form:
Attorneys for CITY OF
STANTON, STANTON REDEVELOP-
MENT AGENCY, MARTHA V. WIESHAUPT,
MAJOR, and PAUL VERELLEN
ep3/600
CITY OF SANTA ANA
By
Its
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF SANTA ANA
By
Its
CITY OF SEAL BEACH
By
Its
REDEVELOPMENT AGENCY OF THE
CITY OF SEAL BEACH
By
Its
CITY OF STANTON
By
Its
1
2
3
4i
51
6
7
8
9
10
11
12
13
14
oiz 15
�
W0Vo
s r
16
b.z
oz
0 1%
v
18
19'
20
21
23
24
A
25
r
26
27
® 28
Approved As To Form:
Attorney for CITY OF
WESTMINSTER, WESTMINSTER
REDEVELOPMENT AGENCY,
WESTMINSTER MUNICIPAL
LIGHTING DISTRICT and
CITY OF WESTMINSTER SPECIAL
DISTRICT AUGMENTATION
TAX FUND
ep3/600
STANTON REDEVELOPMENT AGENCY
By_
Its
Martha V. Weishaupt
Paul Verellen
CITY OF WESTMINSTER
By
Its
WESTMINSTER REDEVELOPMENT AGENCY
By
Its
WESTMINSTER MUNICIPAL LIGHTING
DISTRICT
By
Its
CITY OF WESTMINSTER SPECIAL
DISTRICT AUGMENTATION AX FUND
By
Its
I MUTUAL GENERAL RELEASE
211
3 1. Partieg
.4 The parties to this mutual general releasethe "release")
release")
.5 are the COUNTY OF ORANGE, a political subdivision of the
State of
G California, CAPISTRANO BAY PARK AND RECREATION DISTRICT, a municipal
7 corporation, LYNN MUIR, Director of Capistrano Ba Park
Y and Recreation
8 District, CITY OF COSTA MESA, a municipal corporation REDEVELOPMENT
ELOPMENT
9 AGENCY OF THE CITY OF COSTA MESA 8
public body, CITY OF CYPRESS, a
10 charter city, CITY OF CYPRESS RECREATION AND PARK DISTRICT an
11 independent special district, CYPRESS REDEVELOPMENT AGENCY
an
12 independent public entity, MARGARET.ARNOLD, a citizen
resident and
13 Mayor of the City of Cypress, CITY OF FOUNTAIN VALLEY, a municipal
14 corporation, GEORGE SCOTT, a citizen and former Mayor of the City of
WZo 15 Fountain Valley, CITY OF FULLERTON, a public entity, FULLER
Y. TON
140-0 16 REDEVELOPMENT AGENCY, a public entity, ORANGE COUNTY W
14 0-
- WATER DISTRICT, a
��
17
public entity, CITY OF IRVINE, aublic '
p entity, CITY OF LAGUNA BEACH,
18 a public entity, CITY OF SAN CLEMENTE
, a public entity, SAN CLEMENTE
19 REDEVELOPMENT AGENCY a
public entity, CITY OF YORBA LINDA, a public
20 entity, YORBA LINDA REDEVELOPMENT AGENCY, aubli
p c entity, YORBA LINDA
21 LIBRARY DISTRICT a
public entity, FOUNTAIN VALLEY AGENCY FOR
22 COMMUNITY DEVELOPMENT a
public entity, CITY OF LA PALMA, a public
23 entity, LA PALMA REDEVELOPMENT AGENCY, a public c entity, SANTIAGO
24 COUNTY WATER DISTRICT a
public entity, TRI -CITIES MUNICIPAL WATER
25 DISTRICT 8'
public entity, ROSSMOOR COMMUNITY SERVICE DISTRICT, a
-04 26 27 a
public entity, CITY OF GARDEN GROVE, a municipal corporation, J.
p TILMAN WILLIAMS, citizen, resident and Mayor of h
Y the City of Garden
� 28 Grove, GARDEN GROVE AGENCY FOR COMMUNITY DEVELOPMENT, a public body,
dre\1 1
6
7
8
9
10
11
12
13I14
J
oz; 15
W V V
16
` � W
ozz
0c 17
V
18
19
20
21
22
23
24
25
0 26
N
a
27
® 28
GARDEN GROVE SANITARY DISTRICT, a political subdivision of the State
' of California, ROBERT MARIN, a director of and
• resident in, Garden
Grove Sanitary District, CITY OF HUNTINGTON BEACH
a municipal
corporation, JOHN ERSKINE, citizen, resident, and mayor o
Y f the City
Huntington Beach, HUNTINGTON BEACH REDEVELOPMENT AGENCY
a public
body, LAGUNA BEACH COUNTY WATER DISTRICT,- a local special district,
CITY OF LA HABRA, a municipal corporation, JAMES A. FLORA., citizen,
resident and Mayor of the City of La Habra, REDEVELOPMENT AGENCY OF
HABRA, a public body, CITY OF LOS ALAMITOS, a charter city, CHARLES
SYLVIA, citizen, resident and Mayor of the City of Los Alamitos, CIT
OF MISSION VIEJO, a municipal corporation and as Successor in intere
to the Mission Viejo Community Services
District, NORMAN P. HURRAY,
citizen, resident and Mayor of the City of Mission V'
1eJo, CITY OF
NEWPORT BEACH, a municipal corporation, JOHN C. COX, JR., citizen,
resident and Mayor of the City of Newport Beach, CITY
OF PLACENTIA, �
municipal corporation, JOHN 0. TYNES, citizen, resident and Mayor of
the City of Placentia, PLACENTIA REDEVELOPMENT AGENCY
. a public body,
COUNTY SANITATION DISTRICT NOS. 11 2, 3, 5, 6, 7, and 11
local publi
agencies, CITY OF TUSTIN, a municipal corporation, TUSTIN
COMMUNITY
REDEVELOPMENT AGENCY, a local public agency, MIDWAY CITY
SANITARY
DISTRICT, a local public agency, LOS ALAMITOS COUNTY WATER DISTRICT,
local public agency, SOUTH COAST WATER DISTRICT, a local public
agency, IMPROVEMENT DISTRICT NO. 1 OF SOUTH COAST WATER DISTRICT, an
improvement district, CITY OF SAN JUAN CAPISTRANO a municipal
corporation, CITY OF SAN JUAN CAPISTRANO, COMMUNITyREDEVELOPMENT
AGENCY, a public body, STEPHEN B. JULIAN, citizen, resident and City
Manager of the City of San Juan Capistrano, and Executive Director of
the San Juan Capistrano Community Redevelopment Agency, 9 Y. CITY OF SANTA
dre\1
2.
4
5
6
7
8
9
!0
it
12
13I14
IL 15
Z. , W
16
ILI-
0 z
o `0 17
V
18
19
20
21
22
23
14
25
0 26
N
7
1 28
WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
EACH PARTY, BEING AWARE OF THIS CODE SECTION, HEREBY EXPRESSLY WAIVES
AND RELINQUISHES ALL RIGHTS AND BENEFITS WHICH IT MAY HAVE THEREUNDER,
AS WELL AS UNDER ANY OTHER STATUTE(S) OR COMMON LAW PRINCIPLE
(S) OR
SIMILAR EFFECT.
Each party represents and warrants that it has not assigned or
transferred any interest in any Claim which it may have against 9 the
Persons which it releases under the term of this release, Y or an of
persons, them, and each party agrees to indemnify and hold such
P , and
each of them, harmless from any liabilities, claims, demands, damages,
costs, expenses, and attorneys' fees incurred by such persons or
• , any
of them, as.a result of any person asserting -any such assignment 9 t or
transfer, or any rights or claims under any such assignment or
transfer. It is the intention of the parties that this indemnity does
not require payment as a condition precedent to recovery hereunder by
any indemnified person.
6. construction and In p_= eta*i
L11.
This release and the rights and obligations o
g f the parties shall
be governed by, and construed and interpreted in all respects i
P n
accordance with, the law of the State of California. Without limiting
the generality of the foregoing, when the context in which the words
are used in this release indicates that such is the intent, words in
the singular number shall include the plural and vice versa
all
pronouns, and variation thereof shall be deemed to refer to all
genders, and the term "person".shall include a corporation or other
entity, as well as a natural person.
dre\l
5. .
i
z
3
4
5
6
7
8
9
10
11
12
13
14
18
19
20
21
22
23
24
25
26
27
® 28
7. Attorneys' Fees
Each party agrees that if it hereafter commences any suit arising
out of, based upon, or relating to, or in any manner asserts against
the other party and the other party's Related Parties, or any*of them
any claim released herein, it shall pay to each of'them, in addition
to any other damages caused to any such person, that person's
reasonable costs and attorneys' fees incurred in defending or
otherwise responding to such suit or claim.
8. No Admission.
Each party understands and agrees that the execution of this
release shall not constitute or be construed as an admission of any
obligation, or of the validity of any claim whatsoever, by the persons
which are released under the terms of this release,or by any of them.
9. Counterparts,
This release may be executed in one or more counterparts, which
together shall constitute a single document, and each of which shall
be an original for all purposes.
This release is executed by the undersigned on the dates at the
places indicated below.
Approved As To Form:
TERRY C. ANDRUS, COUNTY COUNSEL
By
David R. Chaffee, Deputy
dre\l
6.
COUNTY OF ORANGE
By_
Its
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3
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8
9
10
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Approved As To Form:
Attorney for CAPISTRANO BAY
PARK AND RECREATION DISTRICT
and LYNN MUIR
Approved As To Form:
Attorney or CITY OF COSTA
MESA and REDEVELOPMENT AGENCY
OF THE CITY OF COSTA MESA
Approved As To Form:
Attorney for CITY OF CYPRESS
and CITY OF CYPRESS RECREATION
AND PARR DISTRICT, THE CYPRESS
REDEVELOPMENT AGENCY and
MARGARET ARNOLD, MAYOR
ep3/600
CAPISTRANO BAY PARK AND RECREATIOD
DISTRICT
By
Its
Lynn Muir
CITY OF COSTA MESA
By
Its
REDEVELOPMENT AGENCY OF THE
CITY OF COSTA MESA
By
Its
CITY OF CYPRESS
By
Its
CITY OF CYPRESS RECREATION AND
PARK DISTRICT
By
THE CYPRESS REDEVELOPMENT AGENCY
By
Its
Margaret Arnold
1
2
3
4
S
6
7!
8
9
10
11
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13
14
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Approved As To Form:
Attorney for CITY OF FOUNTAIN
VALLEY and GEORGE SCOTT
Approved As To Form:
Attorney for CITY OF
FULLERTON, FULLERTON REDEVELOP-
MENT AGENCY, ORANGE COUN'T'Y
WATER DISTRICT, CITY OF IRVINE,
CITY OF LAGUNA BEACH, CITY OF
SAN CLEMENTE REDEVELOPMENT
AGENCY, CITY OF YORBA LINDA,
YORBA LINDA REDEVELOPMENT AGENCY,
YORBA LINDA LIBRARY DISTRICT,
FOUNTAIN VALLEY AGENCY FOR
COMMUNITY DEVELOPMENT, CITY OF
LA PALMA, LA PALMA REDEVELOPMENT
AGENCY, SANTIAGO COUNTY -WATER
DISTRICT, TRI -CITIES MUNICIPAL,
WATER DISTRICT, and ROSSMOOR
COMMUNITY SERVICE DISTRICT
ep3/600
CITY OF FOUNTAIN VALLEY
By
Its
George Scott
CITY OF FULLERTON
By
Its
FULLERTON REDEVELOPMENT AGENCY
By
Its
ORANGE COUNTY WATER DISTRICT
By
Its
CITY OF IRVINE
By
Its
CITY OF LAGUNA BEACH
By
Its
_ 1
2
3
4
5
6
7
8
9
10
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13
14
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CITY OF SAN CLEMENTE
By
Its
SAN CLEMENTE REDEVELOPMENT AGENCY
B --------------y
Its
CITY OF YORBA LINDA
By
Its
YORBA LINDA REDEVELOPMENT AGENCY
By
Its
YORBA LINDA LIBRARY DISTRICT
By
Its
FOUNTAIN VALLEY AGENCY FOR
COMMUNITY DEVELOPMENT
By
Its
CITY OF LA PALMA
By
Its
1
2
3
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7
8
9
10
13
14
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19
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22
23
24
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Approved As To Form:
Attorney for CITY OF GARDEN
GROVE, GARDEN GROVE AGENCY
FOR COMMUNITY DEVELOPMENT
and J. TILMAN WILLIAMS
LA PALMA REDEVELOMENT AGENCY
B -----------y
Its
SANTIAGO COUNTY WATER DISTRICT
By
Its
TRI -CITIES MUNICIPAL WATER DISTRIC^
BY
Its
ROSSMOOR COMMUNITY SERVICE DISTRICT
By
Its
CITY OF GARDEN GROVE
By
Its
GARDEN GROVE AGENCY FOR COMMUNITY
DEVELOPMENT
By
Its
J. Tilman Williams
ep3/600
2 Approved As To Form:
3,
4j Attorney for GARDEN GROVE
I SANITARY DISTRICT and
5 ROBERT MAIN
6
7
g
9 Approved As To Form:
10
Attorney (s) for CITY OF
11 HUNTINGTON BEACH, HUNTINGTON
121 BEACH REDEVELOPMENT AGENCY
and JOHN*ERSKINE
13
Approved As To Form:
Attorney for LAGUNA BEACH
COUNTY WATER DISTRICT
Approved As To Form:
Attorney for CITY OF LA HABRA,
REDEVELOPMENT AGENCY OF
LA HABRA and JAMES A. FLORA
ep3/600
GARDEN GROVE SANITARY DISTRICT
By
Its
Robert Main
CITY OF HUNTINGTON BEACH
By
Its
HUNTINGTON BEACH REDEVELOPMENT
AGENCY
By
Its
John Erskine
LAGUNA BEACH COUNTY WATER DISTRICT
By
Its
CITY -OF LA HAB RA
By
Its
F
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1C
11
12
13
14
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22
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24
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26
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Approved As To Form:
Attorneys for CITY OF
LOS ALAMITOS and
CHARLES E. SYLVIA, MAYOR
Approved As To Form:
Attorneys for CITY OF MISSION
VIEJO, independently and as
Successor -in -Interest to the
Mission Viejo Community
Services District and
NORMAN P. MURRAY, MAYOR
ep3/600
REDEVELOPMENT AGENCY OF LA HABRA
By
Its
James A. Flora
CITY OF LOS ALAMITOS
By
Its
Charles E. Sylvia
CITY OF MISSION VIEJO,
independently, and as Successor -
In -Interest to the Mission Viejo
Community Services District
By
Its
Norman P. Murray
1
2
3
4
S
6
7
8
9
10
11
12
13
14
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Wow
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19
20
21
22
23
24
25
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Approved As To Form:
Attorney for CITY OF NEWPORT
BEACH and JOHN C. COS, JR.
Approved As To Form:
Attorney for CITY OF
PLACENTIA, PLACENTIA
REDEVELOPMENT AGENCY
and JOHN 0. TYKES
Ap r :ve",-s T Form:
A torney fo C
SANITATION DISTRIC OS.
1, 2, 3, 5, 6, 7, and 11 of
ORANGE COUNTY, CALIFORNIA;
CITY OF TUSTIN, TUSTIN COMMUNITY
REDEVELOPMENT AGENCY; MIDWAY
CITY SANITARY DISTRICT; LOS
ALAMITOS COUNTY WATER DISTRICT;
SOUTH COAST WATER DISTRICT and
IMPROVEMENT DISTRICT NO. 1 OF
SOUTH COAST WATER DISTRICT
ep3/600
CITY OF NEWPORT BEACH
By
Its
John C. Cox, Jr.
CITY OF PLACENTIA
By
Its
PLACENTIA REDEVELOPMENT AGENCY
By
Its
John 0. Tynes
COUNTY SANITATION DISTRICT NO. 1
By
Its
COUN'T'Y SANTIATION DISTRICT NO. 2
By
Its
COUNTY SANITATION DISTRICT NO. 3
By
Its -
COUNTY SANITATION DISTRICT NO. 5
By
Its
COUNTY SANITATION DISTRICT NO. 6
By
Its
COUNTY SANITATION DISTRICT NO. 7
By
Its
COUNTY SANITATION DISTRICT NO. 11
By
Its
CITY OF TUSTIN
By
Its
TUSTIN COMMUNITY REDEVELOPMENT
AGENCY
By
Its
ep3/600
1
2
3
4
5
6
7
8
9
10
11
12
13
14
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22
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26
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Approved As To Form:
Attorney for CITY OF SAN JUAN
CAPISTRANO, CITY OF SAN JUAN
CAPISTRANO COMMUNITY REDEVELOP-
MENT AGENCY, and
STEPHEN B. JULIAN
epi/600
MIDWAY CITY SANITARY DISTRICT
By
Its
LOS ALAMITOS COUNTY WATER DISTRICT
By
Its
SOUTH COAST -WATER DISTRICT
By
Its
IMPROVEMENT DISTRICT NO. 1 OF
SOUTH COAST WATER DISTRICT
By
Its
CITY OF SAN JUAN CAPISTRANO
By
Its
CITY OF SAN JUAN CAPISTRANO
REDEVELOPMENT AGENCY
By
Its
1
2
4
S
6
7
8
9
10
Approved As To Form:
Attorney or CITY OF
SANTA ANA, COMMUNITY REDEVELOP-
MENT AGENCY OF THE CITY OF
SANTA ANA
Approved As To Form:
Attorneys for CITY OF SEAL
BEACH, REDEVELOPMENT AGENCY
OF THE CITY OF SEAL BEACH
Approved As To Form:
Attorneys for CITY OF
STANTON, STANTON REDEVELOP-
MENT AGENCY, MARTHA V. WIESHAUPT,
MAJOR, and PAUL VERELLEN
ep3/600
CITY OF SANTA ANA
By
Its
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF SANTA ANA
By
Its
CITY OF SEAL BEACH
By
Its
REDEVELOPMENT AGENCY OF THE
CITY OF SEAL BEACH
BY
Its
CITY OF STANTON
By
Its
1
2
3
4
5
6
7
8
9
10
13
14
0 ; 15
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18
19
20
21
23
24
25
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Approved As To Form:
Attorney for CITY OF
WESTMINSTER, WESTMINSTER
REDEVELOPMENT AGENCY,
WESTMINSTER MUNICIPAL
LIGHTING DISTRICT and
CITY OF WESTMINSTER SPECIAL
DISTRICT AUGMENTATION
TAX FUND
ep3/600
STANTON REDEVELOPMENT AGENCY
By
Its
Martha V. Weishaupt
Paul Verellen
CITY OF WESTMINSTER
By
Its
WESTMINSTER REDEVELOPMENT AGENCY
By
Its
WESTMINSTER MUNICIPAL LIGHTING
DISTRICT
By
Its
CITY OF WESTMINSTER SPECIAL
DISTRICT AUGMENTATION AX FUND
By
Its