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HomeMy WebLinkAbout7865 - Settlement Agreement in Scholz CaseRESOLUTION NO. 7865 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE CITY ATTORNEY TO EXECUTE A SETTLEMENT AGREEMENT AND STIPULATED JUDGMENT IN THE MATTER OF DONALD J. SCHOLZ AND r COMPANY VS. CITY OF NEWPORT BEACH, ORANGE COUNTY SUPERIOR COURT CASE NO. 197119 WHEREAS, Donald J. Scholz and Company has filed a lawsuit against the City of Newport Beach for Writ of Mandamus, Declaratory Relief, and Damages in the amount of approximately $12.7 million; and WHEREAS, Donald J. Scholz has offered to settle said lawsuit, under certain terms and conditions; and WHEREAS, the City Council has reviewed all of the terms and conditions of the settlement, and have determined that it would be in the best interest of the citizens of the City of Newport Beach to settle said lawsuit; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that: 1. Donald J. Scholz and Company has duly and properly filed its claim with the City, and the lawsuit was duly and properly filed; 2. The City elects to settle the lawsuit rather than to plead or otherwise respond to it; 3. The Council on its own motion is calling back the matter of the use permit in connection with Phase II of the Versailles project, which it had earlier referred to the Planning Commission, and that a public hearing will be held on said use permit before it is granted or denied; 4. The Council at a public hearing will consider an exception to the 32/50 Height Limitation Zone as it applies to the 40 Versailles project; 5. The Council approves of a Settlement Agreement and Stipulation for Judgment as an appropriate method to accomplish a reasonable settlement of this lawsuit; -1- 6. The Council authorizes the City Attorney to prepare and execute on behalf of the City and City Council a Settlement Agreement, together with a Stipulation for Judgment, which will embody all of the findings, terms, conditions, rights, obligations r - and duties as discussed by the Council in its consideration and review of the settlement offer, and contained within said offer, proposed by Donald J. Scholz and Company. The Settlement Agreement and Stipulation for Judgment will be conditioned upon a public hearing being held to consider the Environmental Impact Report, the exception to the 32/50 Height Limitation Zone, and Use Permit to construct Phase II of the Versailles project. Should the Council fail or refuse to adopt or approve either the EIR, Use Permit, or height limitation exception, then the Settlement Agree- ment and Stipulation for Judgment will be null and void, without any further force and effect. ADOPTED this 1st day of November, 1972. ATTEST: r G City Clerk Mayor -2- DON:mh 11/2/72