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;
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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
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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
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DON:mh
11/2/72