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Home My WebLink AboutVTN CONSOLIDATED, INC. - 1973-07-06If the March 5, 1973 meeting is not appropriate (because .the -discussion, that could .emanate 'as 'the result of this letter may involy_ more hours than the council is willing to devote that night) we.would request a special imeeting night as soon thereafter as :. possible. S. Lastly, this letter, although eaiy signed by me, is a.^oncensus of the property owners in that ''area . To a man, we want redevelopment. -But we need you. Respectfully yours, THOMAS M. 1*1AL TW/pJ b 1 r . July 6, 1973 David O. Rov.,lands City Administrator City of 1-11untington Beach Dear Dave, have discussed our proposed settlementof the lawsuit with a number of the members of the class andrliey feel, as I do, !hat this is the best solution to our mutual problem. When we have all agreed on all points, the final draft will have to be sulrmitteO to the court for its approval. When the court has reviewed it, 'if the court feels it is in the best interest of the members of the class, than the court will give its approval, Yours truly r . Robert C , Terry C�, EE DD G,9;3 CT Y OF HUN i IN010ti BEACH ADMINISTNITIUF OFFICE - I AGR` MENT WHEREAS., Robert Terry, individually anFd as a member and manager of the class; Martha Holt, Inidividually,.and as a. member of the class; and George Ingraham, individua.l.ly and `•';'; . asa member of the class; and other owners of real property, ^� have filed a class aeS:i nn avainst the 01 tv of Huntinvton M: Beach (hereinafter referred to as i'.11 connection -;. with Cit ' s ',. y proposed development of the downtown area an play; and WHEREAS, VTN Consolidated, Inc. is preparing.a develop- ment plan for the downtown area and pier; and WHEREAS, it is to the best interests of all parties y.. that an amicable settlement be reached so that further litigation will not be necessary; NOW, THEREFORE, IT IS AGREED by ROBERT TERRY, indi- vidually and as a member and manager of the class; MARTHA HOLT, individually and as a member of the class; GEORGE INGRAHFM, individually and as a member of the class; VTN CONSOLIDATED, INC. and the CITY OF HUNTINGTON BEACH { as follows: 1. The City wia l cooperate with VTN Consolidated, Inc. in its preparation of a de-elopment plan for the downtown N •! . area and pier. It is understood that the cost of the prep-- 4r aration of the plan will be borne entirely by Vl*rl with the FL lm 6 - 7 3 f: `,: City cooperating in the preparation of the plan. The plan will be reviewed by City staff and preseii:ed to .the Planning '. Corotni$sion as a proposed Master Plan � Amendment and will 'go due Process procedures as expeditiously Y throo h the normal as Po� aible. �,•;, 2. The City will provide public parking facilities wi►are required by the VTN plan.. 3. In conjunction with the VTN clan, the City, VTN, Martha Holt and Robert Terry shall work out a detailed j implementation plan. 4.. In order to implement the plan, City, through a resolution of the City Council, if such property is found and determined to be surplus property, agrees to convey through sale the airy --owned property at the then current fair market value in the five -block area bounded by Walnut `�. Avenue, Pacific Coast Highway, Sixth Street and Lake r.Y Street: Block 101 to VTN; 44, Block 102 and Block 103 to Martha Holt; �t .; Terry Block 104 to Robert Terry; and Block 105 to George Ingraham. 5. VTN will develop the pier in accordance with the i { �+✓."1 gylifr+.r�.'M+a+r.rK .r,M ' .r:.en•.,, _ i L' 1 • If a convention center is part of the plan, the City ` ' �• will encourage private development of the convention center.. {"`Y• However, if private development is not feasible, the City will develop center a convention 7 The City a gees to `install undergrounri li Yitin improvements in the aforementioned five -block area. However, if the convention e'enter is constructed through private - 'developiweht, the City .agrees to install, all necessary. under-- t;`;;. grc a:id utilities in said five -block area. ;r �'he City will. utilize the Community Redevelopment L , f tict to implement the plan, if required. �.N 9. Commencing immediately and c:enti.nu. ng for the duration of the procedures an provisions contained herein, a moratorium shall be placed upon the class action lawsuit pending against City, and the parties thereto shall so 1. + ` V stipulate and such stipulation shall be filed with the court f-1 . { forthwith. Said stipulation will provide that the period of the moratorium herein provided shall extend for an equal per- iod the time to obtain judgment plzrsuant to Section 583 of r `r the California Code of Civil Procedure; that the City shall ;.; waive the statute of limitations to ori.ng to trial for an equal period. 10. After the Planning ,Commissibn has adopted the plan prepared by VTN and simultaneously with City Council approval thereof, the lawsuit shall be dismissed with prejudice. � P j i` ' 11. Upon dismissal of Terry, et a1. versus -City, et °s C al. lawsuit, the City will pay Arthur Guy a reasonable -attorneys fee for legal. services rendered in connection with such, lawsuit as may be determined by the court. art. 3. }; 12. All 'o£ the foregoing shall be subject to all legal requirements. 4° .13. The City Administrator is authorized and.directed to talce. whatever, steps necessary : -to implement the procedures contained in LO this rce�r subject to the _ approval of the City Council. 14. This Agreement may be presented to the Superior Court in action No. 181149 for court approval. 15. All parties hereto agree to cooperate with all other parties to this Agreement for the purpose of assuring the successful accomplishment of the purposes of this Agreement, 16. By executing this Agreement, none of' the parties hereto makes any admission against interest nor does any party hereto waive any-oights in and to the !itllgation and the subject matter of s ucli litigation except as expressly provided in this Agreement and only so lone; as this A�;ree- ment remains in full force any: effect. if at arty time thL3 Agreement terminates or if the perforiwance-of unexecuted portions hereof become impossible, the parties, at that time, may Penew their respective Positions :in such class action without prejudice upon twenty (20) days written notice to the other parties of this Agreement. Nor shall • this Agreement or any part or provision hereof be used in evidence in any legal proceeding including the class action described herein for any purpose whatsoever. The intention and purpose of this Agreement is to accomplish the succesLsful 4. 1, IN WITNESS WHEREOF, the parties hereto have executed this agreement. the day, month, and ,year appearing below. CITY OF HUNTI14GTO14 BEACH • a municipal corporation Dated: By Mayor ATTEST: 'APPROVED AS TO FORM: C-1 ty Clerk City Attorney VTN CONSOLIDATED, INC. Dated: By ROBERT TERRY, individually MARTHA HOLT, individual.iy and and as a member and inanagE r as a member of the class. of the class GIrOFtGE INGRAHAt4, .ind vidually and as a member of the class 5 -1.1- 73 11 AGRUBMENT WIIL"•1tL•AS, ROBERT TERRY, individually and' as a niember Girt d' manager of the class; MAR'1HA 110L'T, inaivid ial.ly and 'as a 111C1il r of the class; aild GEOitG1: 1NGRAHAAI, individually and �as a iiicinbey of "the class; and other otianers of real property, - have filed a class action against tb:: ITX OF IiUNTING'T'ON BEACH (hereinafter referred 'to as ''!City") in connection t►1it11 City's proposed `development -of. the downtown area and -pier; and ., WHEREAS, VTN CONSOLIDATED, INC. is preparing a 'devel op-- ment plan for the downtown area and pier; 'and WHERM-AS, it is to the best interest of all parties that an amicable settlement be reached so that further litigation will not be necessarv; NOW, 'rIIrRE ORE, I'i' IS AGRLi;n by R0,3IiItT Tr•,r.Ra', individually and as a member and manager of the cla:.s; MARTHA HOLT, inclivicdu- ally and as a member of the class; GEORGE INGRAI IMNI, indiv i dually and as a member of the class; V'.N CONSOLIDATED, INC. and the CITY OF HUNT.LNGTON BEACH as follows: 1. The City will cooperate with VTN Consolidated, Inc. in its preparation of a dev;:lopntent plan for the downtown areaa and pier. It is understood that the cost of the preparation of the plait will be borne entirely by VTN with the City cooperating in the Preparation of the plan. The plan will be reviewed by City staff and presented to the Planning Commission as a proposed Master Plan Amendment and will go through the normal due process procedures as expeditiously as possible. i 3. In 'con junctioii withthe -VTid plan, the City, VT,y, MARTIiA I-iOLT and AOBERT TERRY shall iiork o'iit 'a 'detailed iIiiZ le- mentation Plait. 4. In the event . the plan as iipprove'd by the City "Council showsthe following City-dwhed property to be not needed for public parking purposes, the City Council at that time sltall convey through sale such City -owned property in the five -block area bounded by Walnut Avenue, Pacific Coast Highway, Sixth Street and Lake Street at fair market value as follows: Block 101 to VTN; Block 102 and Bloch 103 to MIRTHA HOLT; Block 104 to ROBERT TERRY; and Block 105 to OEORGE INGI:t' HAM. 5. VTN will develop the pier in accordance with the plan. G. If a convention center is part of the plan, the City Will encourage private development of the convention center. However, if private development is not feasible, the City will develop a convention center, if it is feasible to do so. 7. The City agrees to install underground lighting im- provements in the aforementioned five -block area. Ilowever, if the convent -ion center is constructed through private develop - anent, the City agrees to install all necessary underground utilities in said five -block area. S. The City will utilize the Community Redevelopment- Act - to implement the plan, if required. --1.1- 73 9. Commenc. ..•immedi`ate ly aiid continuing for the duration '"of the procedures 'and provisions. contaiiiocl Herein, a moratoriti n sli'all be placed upon the class 'action laitirstiit pending agaInst City, aiid the parties thereto shall so stipulatc aiid 'su* ch stipulation shall be filed Ivrith the court for tliwitli.. Saicl stipulation will provide that the period of the moratorimu 'llerein provided shall extend for an equal period the time to obtain judgment pursuant to Section 583.of the California Code of Civil Procedure; that the City shall traive the statute of limitations to bring to trial for an egiial period• 10. 'After the Planning Cb mni"ssion has adopted the plan prepared by VTN and simultaneously with City Cotanc:il approval tllCreof, the lawsuit shall be dis�ttissed with 17YC: jtldiCC:. 11. All `of the foregoing, shall be subject to all. legal requirements. ?.:.'.. Tile City Administrator is authorized and directed to ta.l;e Whatever steps ne:.cssa:�y. to implement the procedures . contained in this agrcenient subject to the approval of the City Council. 13. Upon dismissal of TERRY, et al. versus CITY, et al.: the City will pay present Counsel of Record in said class action reasonable attorney's fees to be determined as soon as possible after exe,!:ution of this Agreement by the Court in said class action No. 181149 for legal services rendered in connection with subject class action from December 1, 1972, to the date of execution of this agreement; and such fees shall he plac..ed 1. -3- 15. By executing this Agreement, none of the parties liereto makes any admission against interest 'nor does any party hereto waive any rights :in and to.' the litigation and the subject matter of such litigation except as expressly provided. in this Agreement and only so long as this Agreement remains in full :force and effect. ? f a t~ any dine this Agreement termin atcs or if the performance of unexecuLed portions hereto become impossible, the ,iart:i.es, at that time, may renew their respective positions in such. class action without prejudice upon twenty (20) days writ-t e-n notice to the parties of this Agreement. Nor shall this Agreement or any wart or provision Hereof he used in evi- dence in any legal proceeding nor any of the events or circumstances leading to the execution of this Agreement be used in evidence in any legal proceeding including the class action discussed here for any purpose whatsoever, cxcept that the attorneys fee pro- vision contained. In paragraph 13 of this Agrecinent shall be operable in accordance with the terms of paragraph 13. The intention and purpose of this Agreement is to accomplish the successful redevelopment of the downtown area of Huntington Beacli, California, and collaterally this Agreement is intended -4- 14 �ity clerk ty tlorIley Dated: ROBERT TERRY, individually and as a mcmber. and manager of the class VTN CONSOLIDATED, INC. 13y MARTHA HOLT, individually and as a Member of the class GEORGE INGRAHAM, individually and as a member of the class APPROVED AS TO PORNI: lttorncy -or aln- il-T Cl ss 14 �S_