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ATTY/AGR/SETTLEMENTS/2023/WESTPOINT HARBOR/WESTPOINT HARBOR SETTLEMENT AGREEMENT
<br />REV: 07-26-23 VR
<br />Page 2 of 7
<br />b) As used in this Agreement, “Claims” means any and all actual or potential
<br />claims, counterclaims, cross-claims, causes of action, complaints, charges, obligations, actions,
<br />lawsuits, controversies, demands, rights, damages, suits, debts, liabilities, losses, dues, accounts,
<br />bonds, agreements, contracts, covenants, promises, judgments, costs, disbursements, interest,
<br />attorneys’ fees, expert or consulting fees, expenses, sums of money, and requests or rights of or to
<br />compensation, of every nature, kind, and description whatsoever, whether known or unknown,
<br />foreseen or unforeseen, matured or unmatured, suspected or unsuspected, disclosed or undisclosed,
<br />asserted or unasserted, fixed or contingent, accrued or unaccrued, liquidated or unliquidated,
<br />whether in law, equity, or otherwise, whether based on federal, state, local, statutory, common law,
<br />foreign law, or any other law, statute, rule or regulation.
<br />c) As used in this Agreement, “Related Parties” means any Party and its (or
<br />his) respective present and former direct and/or indirect parents, subsidiaries, divisions, investors,
<br />owners, shareholders, and affiliates; and their respective present and former council members,
<br />officials, employees, members, partners, principals, officers, directors, attorneys, advisors,
<br />administrators, representatives, accountants, auditors, insurers, and agents; and the predecessors,
<br />successors, estates, heirs, executors, trusts, trustees, administrators, and assigns of each of them,
<br />in their capacity as such; and any other entity in which any Party has or had a controlling interest;
<br />and the Immediate Family (defined as an individual’s spouse, parents, siblings, children,
<br />grandparents; the spouses of his or her parents, siblings, and children; and the parents and siblings
<br />of his or her spouse, and includes step and adoptive relationships) of City or Westpoint. The term
<br />“spouse” as used herein includes a partner in a state-recognized domestic partnership or civil
<br />union.
<br />3) Consideration, Total Project Fees & Easement.
<br />a) Except for any generally applicable future ministerial inspection or
<br />processing fees, the Parties agree that all fees for the Project have been paid in full.
<br />b) Within ten (10) days of the Effective Date, the City will pay Westpoint the
<br />total amount of $200,000 as reimbursement for previously paid fees for the Project
<br />(“Reimbursement Payment”).
<br />c) The City reserves the right to charge any and all subsequently due,
<br />applicable fees, related to the Property, except as provided in Section 3(d), below.
<br />d) Notwithstanding Section 3(c) above, for any future permit applications of
<br />any type relating to development of uses (and performance of such uses) approved by the Use
<br />Permit issued on November 21, 2005 for the Property, the City agrees to limit impact and capacity
<br />fees to the amounts that were in effect as of 2005.
<br />e) Within five (5) days of the Effective Date, Westpoint shall execute and
<br />acknowledge the Easement Agreement attached hereto as Exhibit A. The Easement Agreement
<br />will be considered by City Council at its next regularly scheduled Council meeting.
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