PEEBLER, GERALD 1B - 2015 - Laserfiche WebLink

Home Browse Search

A -2015 -093 SECOND AMENDMENT AND EXTENSION OF SETTLEMENT AGREEMENT AND MUTUAL AND GENERAL RELEASE This Second Amendment and Extension of Settlement Agreement and Mutual and General Release ( "Amendment ") is entered into this 19o" day of May, 2015, by and between Gerald Peebler ( "Peebler "), the City of Santa Ana, a charter city and municipal corporation ( "City ") and the Successor Agency to the Former Redevelopment Agency of the City of Santa Ana ( "Successor Agency "). Peebler, City and Successor Agency are collectively referred to herein as the "Parties." RECITALS: A. The Parties entered into the Settlement Agreement and Mutual and General Release ( "said Agreement ") dated November 14, 2014 whereby the City agreed to establish and deposit Four Million Seven Hundred Thousand Dollars ($4,700,000) into a separate fund (the "Peebler Fund ") which was to be used solely for the following purposes: a. Constriction of public improvements (the "Public Improvements ") as proposed to V\ be developed by Gensler and Associates in the South Main Corridor (as defined below) and as approved by the City, as more fully set forth in said Agreement, t b. Administrative and related costs incurred by the City arising from and related to the implementation of said Agreement, in an amount not to exceed Twenty Percent (20 %) of the cost of the Public Improvements; and c. Peebler's litigation costs in the amount of Six Thousand Four Hundred Nineteen Dollars and Thirty -three Cents ($6,419.33) to be paid to the University of California, Irvine School of Law, Community and Economic Development Clinic ( "UCI "). B, In addition to the Peebler Fund, City agreed to allocate an additional Two Hundred Fifty Thousand Dollars ($250,000) ( "Design Fund ") to pay for the services of Gensler and Associates ( "Gensler ") to develop a plan for the Public Improvements in the South Main Corridor. As used in said Agreement, "South Main Corridor" means (i) South Main Street between Warner Avenue and First Street; and (ii) First Street between Parton Street and Standard Avenue. "Public Improvements" was defined to mean public facilities, streets, drains, sewers, parks, sidewalks, streetscapes, landscaping and lighting located on public property or in public rights -of -way. C. Per said Agreement, UCI was to contract with Gensler to prepare the Public Improvement projects for the South Main Corridor, and submit claims to the City for reimbursement, along with supporting documentation, for payment to Gensler, The Parties agreed that in no event shall the City be obligated to pay more than Two Hundred Fifty Thousand Dollars ($250,000) for the costs of the design work for the South Main Corridor Public Improvements.