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HomeMy WebLinkAboutCity Council Resolution 2298 RESOLUTION NO. 2298 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA STAYING THE PERIOD OF TIME FOR EXPIRATION OF TENTATIVE BUILDING SITE APPROVAL FOR SDR-1370 WHEREAS, FRED IRANY, CHRIS IRANY, ROBERT KARR and JONLYN KARR ("Owners") applied to the City of Saratoga for tentative building site approval and lot line adjustment for that certain real property located on Mr. Eden Road identified as Assessor's Paceel Number 503-13-116, such application being identified as SDR-1370; and WHEREAS, tentative building site approval was granted by the City on or about September 13, 1978; and WHEREAS, on April 12, 1983, Owners commenced a lawsuit against the City in the Superior Court of the State of California for the County of Santa Clara, Case No. 522040, pertaining to the applieation of the initiative ordinance known as Measure A to SDR-1370, and said lawsuit is still pending as of this date; and WHEREAS, a settlement of said lawsuit has been negotiated between the City and Owners as set forth in that certain Stipulation for Settlement attached hereto as Exhibit "A" and ineorporated herein by reference; and WHEREAS, pursuant to Seerion 66452.6(e) of the California Government Code, Owners have applied to the City for a stay on the period of time otherwise provided for expiration of SDR-1370, NOW, THEREFORE, BE rr RESOLVED BY THE CITY COUNCIL OF THE CITY OF SARATOGA AS FOLLOWS: 1. By reason of the pending litigation between the City and Owners involving SDR-1370 and pursuant to the authority granted under Section 66452.6(e) of the Government Code, a stay is hereby approved for a period of twelve (12) months, commencing as of the expiration date otherwise applicable to SDR-1370 and terminating Oetober 21, 1986. 2. The stay is eonditioned upon the execution by all parties of the Stipulation for Settlement, in the form of Exhibit "A" attached hereto. Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 7th day of January ., 1986, by the following vote: AYES: Councilmembers Callon, Fanell i, Hlava, MDyles and Mayor Clevenger NOES: None -1- ABSTAIN: None ABSENT: None MAYOR ATTEST: CITY CLERK J -2- STIPULATION FOR SETTLEMENT This Stipulation for Settlement ("Agreement"), by and between FRED IRAN'/, CHIllS IRANY, ROBERT KARl{ and JONLYN KARR, ("Owners") and the CITY OF SARATOGA, a municipal corporation ("City"), is made with reference to the following facts: A. Owners are the fee owners of two lots of record comprising !6.8 acres of unimproved property located on Mr. Eden Road (the "Subject Property"), which property is within the Northwestern Hillside area of the City of Saratoga ("Northwestern Hillside"). 'B. Owners filed an application with City for tentative building site approval and lot line adjustment for the Subject Property, such application being identified as SDR-1370, and on or about September 13, 1978, such application was approved by City, subject to various conditions to be satisfied by Owners prior to recordation of a final map. C. On April 8, 1980, the citizens of Saratoga passed an initiative ordinance, commonly known as Measure A, which became effective on April 25, 1980, and which pertains to the Northwestern Hillside, including the Subjeer Property and others. D. Section 7 of Measure A states in pertinent part: "Pending final completion of the requirements of Section 3, no zoning changes, land divisions, subdivisions, building or grading permits for construction of a new residence, or other land development approvals of any kind shall be issued in the subject area, nor any applications accepted therefor; provided, that upon a showing of extreme hardship and in agreement with the provisions of this initiative, exceptions may be granted after two noticed public hearings by a 4/Sths vote of the City Council." Section 3 of Measure A also states in pertinent part: "The City of Saratoga shah within one year from the effective date of this ordinance, or as soon thereafter as feasible, complete a comprehensive review of all development issues in the subject area -l- and adopt a Specific Plan for the area pursuant to California Government Code Sections 65450-65553, incorporating the standards set forth in Section 4 below$ and all policies and regulations required to implement said Plan." E. On June 7, 1981, pursuant to and consistent with Measure A and Sections 65450-65553 of the Government Code, City adopted the Northwestern Hillside Specific Plan ("Specific Plan"), and on April 27, 1982, pursuant to and consistent with the Specific Plan, City enacted Ordinance 'NS-3.47 establishing zoning regulations for the Northwestern Hillside ("NHR Zoning Regulations"), being the area covered by Measure A and the Specific Plan. F. City has contended and still contends that SDR-1370 is subject to all provisions of Measure A, the Specific Plan and Ordinance NS-3.47, whereas Owners have contended and still contend they are entitled to building site approval and the lot line adjustment for the Subject Property, upon compliance with all conditions for final map approval and that they are further entitled to building permits authorizing the construction of a single family residence upon ParCel A, as shown on SDR-1370. G. On April 12, 1983, Owners commenced an action in the Superior ' Court of the State of California for the County of Santa Clara, entitled Irany ..~vs. City of Saratoga, .....~t el., Case Number 522040 (~the Lawsuit"). Pursuant to stipulation between the parties, no responsive pleading to the Complaint has been filed on behalf of defendants. H. The City has denied and continues to deny each and every allegation of Owners in the Lawsuit as to all issues and in all respects. I. Without admitting the validity of any of the contentions which have, or might have been made by any of them, the parties to this Agreement desire and intend fully and finally to compromise and to settle all such contentions and other matters in controversy among them. J. Civil Code Section 1542 provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." K. This Agreement contains the entire agreement and understanding concerning the subject matter between the parties to this Agreement and supersedes and replaces all prior negotiations and proposed agreements, written and oral. Eaeh of the parties hereto acknowledges that no other party, nor the agents nor attorneys of any other party, has made any promise, representation, or warranty whatsoever, express or implied, not contained herein to induce the execution of this Agreement, and acknowledges that this Agreement has not been executed in reliance upon any promise, representation, or warranty not contained herein. L. In addition to the settlement of all matters in controversy with respect to the Lawsuit set forth above, the parties hereto desire to settle all other claims, demands and causes of action which may exist between them whether known, unknown, or suspected, except as they may arise from this Agreement. M. All of the parties to this Agreement hereby acknowledge that they have been represented by independent counsel of their own choice throughout all negotiations which preceded the execution of this Agreement, and that they have executed this Agreement with the consent of, and upon the advice of, their own counsel, NOW, THEREFORE, it is mutually agreed as follows: 1. Recitals A through M are incorporated herein by reference. 2. In consideration of the agreement to be executed by Owners, as described in Paragraph 5 below, and dismissal by Owners of the Lawsuit with prejudice, as to all claims and all defendants, and subject to compliance by Owners with the conditions set forth in SDR-1370, City agrees to grant final building site approval for the Subject Property, in accordance with the tentative building site approval as originally granted by City. City further agrees to process applications and issue building and grading permits and other approvals as may be necessary for the construction of a single family dwelling and accessory uses appurtenant thereto upon Parcel A as shown on SDR-1370, conditioned upon prior design review approval thereof and compliance with all applicable provisions of City's zoning and other ordinances, except for the setback provisions of the N HR Zoning Regulations and the Specific Plan. 3. From and after the effective date of this Agreement, neither City nor Owners shall prosecute the Lawsuit, nor shall Owners commence any new action concerning the subject matter of the Lawsuit and this Agreement. Owners may, within one (1) year from the date hereof, reactivate the Lawsuit in the event City fails to perform any material provision of this Agreement and such action has not previously been dismissed with prejudice, in accordance with Paragraph 4 hereof. 4. Concurrent with the execution of this Agreement, Owners shall execute a Stipulation ("the Stipulation") for unconditional dismissal of the Lawsuit, with prejudice, as to all claims and all defendants. The Stipulation shall be held in trust by counsel for City and shall not be filed until the time provided heroin. Upon the expiration of one (1) year after the granting by City of final building site approval for SDR-1370, or upon issuance by City of a building permit for construction of a single family dwelling upon Lot A, whichever shall first occur, counsel for City shall be authorized to file the Stipulation with the Santa Clara County Superior Court and obtain an order thereon dismissing the Lawsuit, with prejudice. 5. In consideration for the granting by City of final building site approval pursuant to SDR-1370, Owners shall execute an agreement wherein Owners shall stipulate that for the purposes of any future subdivision or development of the Subject Property, Parcel A and Parcel B as shown on SDR-1370 shall be considered a single parcel of land and the slope/density formula, as contained in the NHR Zoning Regulations, shall be applied to all of the Subject Property in the same manner as if such property was a single site. Said agreement shall be recorded at the time of recordation of the final map, and shall constitute a covenant running with the land and binding upon the successors and assigns of Owners.' 6. As a further consideration for City's approval of said final building site approval, Owners hereby agree that Lots A and B shall be subject to a .. Development Impact Fee to be payable at the time a building permit is issued for the .- construction of a new dwelling thereon, in accordance with the ordinance as adopted " by City requiring the payment of such fee. .~.~-~ 7. Owners hereby stipulate that Measure A is a valid and enforceable ::-- initiative approved by the citizens of the City of Saratoga and that the Specific Plan -4- and the NHR Zoning Regulations are valid and enforceable. This stipulation shah be of no force or effect in the event of City's breach of this Agreement. 8. Owners and City shall bear his, her or its own attorney's fees and ,'~ costs incurred in connection with the prosecution or defense of the Lawsuit and the negotiation and preparation of this Stipulation for Settlement. 9. Conditioned upon full performance of this Agreement by all parties: (a) Owners, on behalf of themselves and their respective agents, representatives, attorneys, employees, successors and assigns, do hereby release City, the former and present members of the City Council, their officials, officers, agents, representatives, employees, attorneys and their insurance carriers, from any and aH claims, demands and/or causes of action which may exist between them, whether' known, unknown, or suspected, and Owners. hereby waive the provisions of Civil Code Section 1542 set forth in Recital J above. The release of unknown claims contained in this Paragraph 9(a) is a separate consideration for the release contained in Paragraph 9(b) hereof and Owners would not have executed this Agreement or agreed to this Paragraph 9(a) but for the release contained in Paragraph 9(b). (b) City, on behaff of itself and its officials, officers, agents, representatives, employees, attorneys and insurance carriers, does hereby release Owners from all claims, demands and/or causes of action which may exist between them, whether known or unknown or suspected and City hereby waives the provisions of Civil Code Section 1542 set forth in Recital J above. The release of unknown claims contained in this Paragraph 9(b) is a separate consideration for the release contained in Paragraph 9(a) hereof and City would not have executed this Agreement or agreed to this Paragraph 9(b) but for the release contained in Paragraph 9(a). 10. This Agreement may be amended by an instrument in writing referring hereto, signed by the parties. Such amendment must specifically state that it is an amendment to this Agreement. This Agreement may not be amended orally or otherwise than as set forth in this Paragraph 10. 11. Owners shah have the right to assign all or any part of their rights or obligations under this Agreement, subject to prior written approval of City, which approval shah not be unreasonably withheld. 12. Owners hereby represent and warrant to City that they collectively hold the entire legal and equitable ownership interest in the Subject Property, with full power and authority to enter into this Agreement, and that no other party has any right, title or interest in the Subject Property or the right to develop the same pursuant to SDR-1370 and this Agreement. 13. This Agreement is entered into for the benefit of the parties hereto and shall be binding upon the parties hereto~ their heirs, successors and assigns. Other than the parties hereto and their heirs, successors and assignst and the attorneys now of record in the Lawsuit, no third person shall be entitled, directly or indirectly, to base any claim or have any right arising from or related to this Agreement. 14. If it becomes necessary to enforce any of the terms of this Agreement or to declare rights hereunder, the prevailing party shall be entitled to reasonable attorneys' fees and other costs of litigation in addition to any other relief to which he, she or it may be entitled. 15.. The effective date of this Agreement shah be the date upon which it is last signed by all parties. It may be signed in one or more counterparts and, when all parties have signed the original or counterpart, such counterparts together shall constitute one original document. When so signed, this Agreement shall be filed with the Court in the Lawsuit as a Stipulation for Settlement, but the effectiveness of this Agreement does not depend upon Court approval or any Court order or orders. Dated: .'.!~:;~ Dated: ' :/:.'~ CHRIS IRANY '!{':::i Dated: ../2....j..ft/,,~' ROBERT KAP, R ':"~: Dated: ',~ "~,/X'~" v/ ~/2/rJ~ _ -~ _ " :/' JOyN KAI~ ' ' C'~'~-~ THE CITY OF SARATOGA, ':"::: a municipal corporation Dated: ....... Attest: ~~ CITY CLERK Ap d ~~eeto for ~,OLD S. TOPPEL' w ---- City Attorne Attorney for