HomeMy WebLinkAboutPEEBLER, GERALD 1B - 2015A -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,
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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.
D. Said Agreement was amended on January 30, 2015 to clarify that certain litigation costs
($998.75) awarded by the trial court in Peebler v. Department of Finance, Sacramento
County case number 34- 2012 - 80001172 -CU -MW -GDS were to be paid to UCI from the
Peebler Fund by the City /Successor Agency.
E. Said Agreement contained certain timeframes and deadlines that must be amended and
extended by this Second Amendment.
NOR', THEREFORE, for and in consideration of the mutual agreements set forth herein and
for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
1. The second paragraph of Section 3 of said Agreement shall be amended and extended to
allow for an additional seven (7) months for UCI and /or Design Firm to submit a list of
proposed Public Improvements to City for review and approval on or before December
31, 2015, so that a list of City- approved Public Improvements can be developed within
ten (10) months of the date of this Amendment or by March 31, 2016.
2. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged
and in full force and effect.
{Signatures on Following Page)
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to said
Agreement the date and year first above written.
ATTEST:
Maria Fluizar
Clerk of the Council
APPROVED AS TO FORM;
Sonia Carvalho, City Attorney
Lisa Storck, Assistant City Attorney
RECOMNIENDED FOR APPROVAL:
Ke11y R d , Exec ti e Director
m
Comu y Develop t Agency
CITY OF SANTA ANA
f
David Cavazos
City Manager
SUCCESSOR AGENCY TO THE FORMER
COMMUNITY REDEVELOPMENT AGENCY
OF TILE CITY OF SANTA ANA
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9
David Cavazos
City Manager
APPROVED AS TO FOR
Carrie Heal, l,Unive ityofCaliforn� tea
Irvine School of Law