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3 - SA - JOINT PEEBLER AGMT
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3 - SA - JOINT PEEBLER AGMT
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5/14/2015 6:13:10 PM
Creation date
5/14/2015 6:11:25 PM
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City Clerk
Doc Type
Agenda Packet
Item #
3
Date
5/19/2015
Destruction Year
2020
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SECOND AMENDMENT AND EXTENSION OF <br />SETTLEMENT AGREEMENT AND <br />MUTUAL AND GENERAL RELEASE <br />This Second Amendment mid Extension of Settlement Agreement and Mutual and <br />General Release ( "Amendment ") is entered into this 19' day of May, 2015, by and between <br />Gerald Peebler ( "Peebler "), the City of Santa Ana, a charter city and municipal corporation <br />( "City ") and the Successor Agency to the Former Redevelopment Agency of the City of Santa <br />Ana ( "Successor Agency "). Peebler, City and Successor Agency are collectively referred to <br />herein as the "Parties," <br />RECITALS: <br />A. The Parties entered into the Settlement Agreement and Mutual and General Release <br />( "said Agreement ") dated November 14, 2014 whereby the City agreed to establish and <br />deposit Four Million Seven Hundred Thousand Dollars ($4,700,000) into a separate fund <br />(the "Peebler Fund ") which was to be used solely for the following purposes: <br />a. Construction of public improvements (the "Public Improvements ") as proposed to <br />be developed by Gensler and Associates in the South Main Corridor (as defined <br />below) and as approved by the City, as more fully set forth in said Agreement, <br />b. Administrative and related costs incurred by the City arising from and related to <br />the implementation of said Agreement, in an amount not to exceed Twenty <br />Percent (20°/o) of the cost of the Public Improvements; and <br />c. Peebler's litigation costs in the amount of Six Thousand Four Hundred Nineteen <br />Dollars and Thirty -three Cents ($6,419.33) to be paid to the University of <br />California, Irvine School of Law, Community and Economic Development Clinic <br />( "UCI "). <br />B. In addition to the Peebler Fund, City agreed to allocate an additional Two Hundred Fifty <br />Thousand Dollars ($250,000) ( "Design Fun<17) to pay for the services of Gensler and <br />Associates ( "Gensler ") to develop a plan For the Public Improvements in the South Main <br />Corridor. As used in said Agreement, "South Main Corridor" means (i) South Main <br />Street between Warner Avenue and first Street; and (ii) First Street between Parton <br />Street and Standard Avenue, "Public Improvements" was defined to mean public <br />facilities, streets, drains, sewers, parks, sidewalks, streetscapes, landscaping and lighting <br />located on public property or in public rights -of -way. <br />C. Per said Agreement, UCI was to contract with Gensler to prepare the Public Improvement <br />projects for the South Main Corridor, and submit claims to the City for reimbursement, <br />along with supporting documentation, for payment to Gensler. The Parties agreed that in <br />no event sball the City be obligated to pay more than Two Hundred Fifty Thousand <br />Dollars ($250,000) for the costs of the design work for the South Main Corridor Public <br />Improvements. <br />B(II EY 1 <br />
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