01-111 Vallco RDA settlement agreementMURPHY & I~AVIS, LLP
Attorneys At Law
C. NICOLE MURPHY
MADELINE K. DAMS
30o Capitol Mall, Suite lllo
Sacramento, California 95$14
www.m-m~ aw.com
Telephone (916) 446-6462
Facsimile (916) 446-6489
MEMOR~~NDUM
VIA FEDERAL EXPRESS
TO: Kimberly Smith
FROM: Nicole Murp y
DATE: January 28, 2002
RE: Cupertino Citizens for Affordable .Housing, etc., et al. v. All Persons
Interested in the redevelopment Plan for the Cupertino Vallco
Redevelopment Project, etc., et al.; Santa Clara County Superior
Court Case No. CV93260
Enclosed is a signature-ready version of the Settlement Agreement between the
City/Agency and the plaintiffs in the above-referenced matter. Please have Richard
Lowenthal, Dave Knapp and Chuck Kilian si;;n page 10 where indicated.
William Litt of Bay Area Legal Aid will pick up the City/Agency signature page. Please
make sure that you keep a copy of the City/Agency signature page and that you
obtain from Mr. Litt a copy of page 9 con1:aining the plaintiffs' signatures (Gertrude
Welch, Josephine Sadler and Cupertino Citi~:ens for Affordable Housing). I will try to
let you know approximately when Mr. Litt plans to be at City Hall.
If you have any questions or problems, please give me a call.
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMEI`TT is entered into as of the 22nd day of
January, 2002, by and between Cuperti~io Citizens for Affordable Housing, an
unincorporated association, Gertrude Welch, and individual, Josephine Sadler, an
individual, the City of Cupertino, a municipal corporation, and the Cupertino
Redevelopment Agency, a public body, corporate and politic, for the purpose of settling
that certain lawsuit identified as Cupertino Citizens for Affordable Housing, etc., et al. vs.
All Persons Interested in the Redevelopment Plan for the Cupertino Vallco
Redevelopment Project, etc., et al., Santa Clara County Superior Court, Case No.
CV793260 (the "litigation" or "action").
I. RECITALS
A. Parties
Plaintiffs CUPERTINO CITIZENS FOR AFFORDABLE HOUSING, an
unincorporated association, GERTRUDI=; WELCH, and JOSEPHINE SADLER
("Plaintiffs") and Defendants CITY OF CUPERTINO, a city ("City"), and CUPERTINO
REDEVELOPMENT AGENCY, a public body ("Agency") (collectively, "Defendants"
or "Cupertino").
B. Procedural Background and Intent of the Parties
Plaintiffs filed the action on October 17, 2000 to challenge the validity of the
Redevelopment Plan for the Cupertino Vallco Redevelopment Project ("the Project"),
adopted by Ordinance No. 1850 by the Cupertino City Council on August 21, 2000. The
Complaint consists of twelve causes of action, but the crux of said validation action is
that, at the time the Cupertino City Council <<dopted the Project, it did not have before it
substantial evidence that the Project Are°a is blighted, that invoking California
Redevelopment Law is necessary to revitalize the Project Area, or that the Project is
consistent with Cupertino's General Plan and Housing Element.
Defendants deny Plaintiffs' allegations and maintain that adoption of the
Cupertino Vallco Redevelopment Project w:is a valid exercise of governmental power,
supported by substantial evidence in the record, and nothing contained in this Settlement
Agreement constitutes an admission or concession by the Defendants of the merits of
Plaintiffs' action or of any of Plaintiffs' alleg<tions.
All parties wish to resolve the action without further litigation. This agreement is
entered into with the intent of resolving all currently pending issues regarding the validity
of the Cupertino Vallco Redevelopment Project and all other allegations raised in
Plaintiffs' Complaint.
C. Definitions
"Agency" means the Cupertino Redevelopment Agency.
"Agreement" shall refer to this Settlement Agreement and the Stipulated
Judgment incorporating the terms of this Agreement.
"Area Median Income" means the mc;dian family income of the geographic area
of the state that includes the City of Cupertino, as determined annually by the federal
Department of Housing and Urban Development ("HUD")
"Bay Area Legal Aid" (or "Bay Legal") shall include the successors or assigns of
Bay Area Legal Aid.
"California Community Redevelopment Law" (or "CRL") means and refers to
California Health and Safety Code Section 33000, et seq.
2
"City" means the City of Cupertino.
"Extremely Low Income household;" (or "ELI households") shall refer to the
definition contained in California Health and Safety Code Section 50106, as added by
Chapter 741 of the Statutes of 2001, effective January 1, 2002 (currently, persons and
families whose incomes do not exceed 30%~ of the Area Median Income, adjusted for
family size).
"Low and Moderate Income Fund" (~~r "L&M Fund") means the Agency's Low
and Moderate Income Housing Fund, established pursuant to California Health and
Safety Code Sections 33334.2, 33334.3, and related sections.
"Low Income households" shall refer to the definition contained in California
Health and Safety Code Section 50079.5 (currently, persons and families whose incomes
do not exceed 80% of the Area Median Incorr~e, adjusted for family size).
"Moderate Income households" sl-.a11 refer to the definition contained in
California Health and Safety Code Section 50093 (currently, persons and families whose
incomes do not exceed 120% of the Area Median Income, adjusted for family size).
"Project Area" means the Cupertino Vallco Redevelopment Project Area, as
described in the Redevelopment Plan for thy; Cupertino Vallco Redevelopment Project
adopted by Ordinance No. 1850.
"Very Low Income households" shall refer to the definition contained in
California Health and Safety Code Section 50105 (currently, persons and families whose
incomes do not exceed 50% of the Area Median Income, adjusted for family size).
3
II. TERMS
A. Twenty-five percent (25%) oi~ the tax increment allocated to the Agency
from the Cupertino Vallco Redevelopment Project shall be deposited annually into the
Low and Moderate Income Housing Fund established for the Project ("the L&M Fund")
B. Five percent (5%) of the tax increment allocated to the Agency from the
Cupertino Vallco Redevelopment Project (i.e.., 20% of the L&M Fund) will be allocated
to providing housing affordable to Extremely Low Income ("ELI") tenants, subject,
however, to compliance by the Agency wirh the requirements set forth in California
Health and Safety Code Section 33334.4, as amended by the Statutes of 2001, Chapter
738, effective January 1, 2002.
C. The Agency will ensure that a.t least five (5) affordable housing units are
constructed for every 100,000 square feet of non-residential development area added
within the Project Area with financial assistance from the Agency. For purposes of this
paragraph (4), "non-residential development area added within the Project Area with
financial assistance from the Agency" (hereinafter the "Added Square Footage") shall
mean building area constructed for occupancy pursuant to an agreement which provides
for financial assistance from the Agency.
1. Added Square Footage shall not include:
a. the new construction or remodeling of parking areas; or
b. the remodeling or replacement (in substantially the same
location) of existing building area, provid~;d, however, that any currently occupied
commercial building area that is replaced by any other use (e.g., parking lot, open space,
4
etc.) will not be deducted from any Added Square Footage elsewhere within the Project
Area.
2. For purposes of this paragraph II.C., the following examples
illustrate the calculation of Added Square Footage pertaining to the existing Vallco
shopping center:
a. If an existing 100,000 square foot major retail store is
remodeled or replaced (in substantially the same location) with a 100,000 square foot
major retail store, the Added Square Footage would be zero.
b. If an existing 100,000 square foot major retail store is
remodeled or replaced (in substantially the same location) with a 120,000 square foot
major retail store, the Added Square Footage would be 20,000.
c. If 100,000 square feet of existing mall store building area is
remodeled or replaced (in substantially the same location) with 100,000 square feet of
mall store building area or with parking area, the Added Square Footage would be zero.
d. If 100,000 sq~zare feet of mall store building area is
constructed in a location previously unoccupied by mall store building area, the Added
Square Footage would be 100,000.
e. If a 120,000 square foot major retail store is constructed
that requires the remodeling or replacement of 20,000 square feet of existing mall store
building area, the Added Square Footage would be 100,000.
f. If 40,000 squad; feet of lower level mall store building area
is removed west of Wolfe Road and a 100,000 square foot theater is constructed east of
Wolfe Road, the Added Square Footage woul~~ be 100,000.
5
3. The first five (5) affordable housing units shall be provided in
connection with the first 50,000 square feet of Added Square Footage. After the first
100,000 square feet of Added Square Foota;;e, one (1) affordable housing unit shall be
provided in connection with every 20,000 square feet of Added Square Footage.
4. The affordable housing units shall be provided to serve income
levels in the proportions required by Health and Safety Code Section 33334.4, as
amended by Chapter 738 of the Statutes oi~ 2001, effective January 1, 2002, and the
parties agree that the first five (5) affordable housing units shall be provided in the
following proportions: (a) one (1) unit shall lie affordable Very Low Income households;
(b) two (2) units shall be affordable to Low Income households; and (c) two (2) units
shall be affordable to Moderate Income households.
5. Affordable housing units required to be constructed by the City's
Below Market Rate Housing Program shell be counted toward satisfaction of the
Agency's obligation under this paragraph II.~~. if they are constructed within the Project
Area or with assistance from the City or Agency. Affordable housing units constructed
in excess of the minimum required by the City's Below Market Rate Housing Program,
whether or not they are constructed with assistance from the City or Agency, shall also be
counted toward satisfaction of the Agency's obligation under this paragraph II.C.
6. The affordable housing units may be constructed within the Project
Area or elsewhere within the City of Cupertino.
7. Occupancy of the Added Square Footage will be withheld until
construction of the requisite affordable housing units has been provided for under
executed contracts with developers or contractors.
6
D. The Agency will make every reasonable effort to leverage L&M funds,
provided that the added funding sources do not give priority to any special need group.
E. The Agency will make monitoring reports, prepared in compliance with
applicable requirements of the CRL, available to Bay Area Legal Aid on an annual basis
for the life of the Cupertino Vallco Redevelopment Project.
F. With respect to affordable housing rental units constructed or substantially
rehabilitated pursuant to an agreement which provides for financial assistance from the
Agency, the Agency agrees that:
1. It shall include in such agreement a requirement that the owner of
said units notify, or cause its property manager to notify, the Santa Clara County Housing
Authority and Cupertino Community Service:; of vacancies; and
2. It shall include in such agreement a requirement that the owner
and/or property manager of said units participate in a seminar presented by the Santa
Clara County Housing Authority or Bay Area Legal Aid for the purpose of educating
landlords regarding the federal Section 8 voucher program. The Agency will cooperate
with the Santa Clara County Housing Authority and/or Bay Area Legal Aid in the
periodic scheduling of such seminars.
G. Each party shall bear its own fees and costs, except that with respect to the
costs of preparation of the Record of proceedings related to adoption of the
Redevelopment Plan, the Plaintiffs shall pay the sum of $374.20 and the Defendants shall
be responsible for the balance of $2,599.82.
7
H. Bay Area Legal Aid may request records under and pursuant to the Public
Records Act, Government Code Section 6250 et seq., as necessary and appropriate to
determining compliance with the terms of this Settlement Agreement.
III. DISPOSITION OF THE LITIGAT[ON/ENFORCEMENT OF
SETTLEMENT AGREEMENT
This Settlement Agreement is a cornplete, final and binding resolution of all
issues and claims in the above-captioned matter. The parties agree to execute and file a
Stipulated Judgment which includes all the provisions of this Settlement Agreement.
Plaintiffs, and each of them, in consideratio~i of the Defendants' agreements under this
Settlement Agreement, hereby release the L-efendants from all claims of the Plaintiffs
pertaining to the validity of the Redevelopment Plan for the Cupertino Vallco
Redevelopment Project, the Cupertino Vall~~o Redevelopment Project, Ordinance No.
1850, and all other proceedings and actions 1 aken by the Defendants in connection with
the adoption of the Redevelopment Plan.
In the event that both of the indivi~Jual plaintiffs die or become mentally or
physically incapacitated prior to final performance of this Settlement Agreement, the
parties hereby stipulate that Bay Area Legal Aid may designate one or more individuals
to act on behalf of the individual plaintifi~s and Cupertino Citizens for Affordable
Housing, provided that any individual so desil;nated is a resident of the City of Cupertino.
The parties further stipulate that the death of one or more named plaintiffs shall have no
effect whatsoever on the power of the surviving named plaintiff and/or Bay Area Legal
Aid's designee to enforce this Settlement Agreement.
The parties hereby jointly request, and the Stipulated Judgment shall specify, that
the Court retain jurisdiction over this case and over the parties personally for the purpose
8
of enforcing this Settlement Agreement. This includes tolling of arty applicable statute,
rule, or court order affecting timely prosecution of this action, including but not limited to
the five-year dismissal statute, California Code of Civil Procedure Section 583.330.
DATEDj-'~~u~a , 2002
~ %~
/ V
GERTRUDE WELCH
DATED: ~ ' ~~~ ~~>,~ , 2002
DATED:..- u ~C~ , 2002
DATED: 1 .i ~ , 2002
' -~ ) Z
~,
~.J EPIC E ADLER
CUPERTINO CITIZENS FOR
AFFORDABLE HOUSING, an
unincorporated association
i~
n
Its -~~, , .~~.~~~e Lz~
APPROVED AS TO FORM BY
ATTORNEYS FOR PLAINTIFFS:
BAY AREA/LEGAL''AID
B
William Litt, Esq.
SIGNATURES CONTII`dUED ON NEXT PAGE
9
(~ITY OF CUPERTINO, a municipal
corporation
DATED: 1 , 2002
DATED: ~ _ Z`~ , 2002
I3y
Richard Lowenthal, Mayor
I3y
David Knapp, City Manager
('UPERTINO REDEVELOPMENT
E~GENCY, a public body, corporate and
politic
DATED: I ~ , 2002
DATED:
2002
1=~y
Richard Lowenthal, Chairman
1=~ Y
avid Knapp, Executive ire or
APPROVED AS TO FORM BY
ATTORNEYS FOR DEFENDANTS:
DATED:
I I a~
2002 _
CHARLES T. KILIAN, City Attorney
MURPHY & DAVIS, LLP
DATED: 2002
By C_.
C. Nicole Murphy, Esq.
10
MURPHY &DAVIS, LLP
Attorneys At Law
C. NICOLE MURPHY
MADELINE l~. DAVIS
t' 1 300 Capitol M<<ll, Suite 1110
„~i
UU Sacramento, California 95814
www.m-mlaw.com
Telephone (9.16) 446-6462
Facsimile (976) 446-6489
MEMORI~NDUM
TO:
FROM
DATE:
Mayor and Members of the Cu~~ertino City Council and
Chairman and Members of the Cupertino Redevelopment Agency
C. Nicole Murphy, Redevelopment Legal Counsel
January 17, 2002
RE: Cupertino Citizens for Affordable .!lousing, etc., et al. z~s. All Persons 1 nterested
in the Redevelopment Plan for the Cupertino Vallco Redevelopment Project, etc.,
et al., Santa Clara County Housing Authority Case No. CV 793260
Pursuant to the direction of the Cii:y Council at the closed session held on
December 3, 2001, staff and I have concluded negotiations with the plaintiffs in the
above-referenced action, and a proposed Sei lament Agreement has been prepared for
your consideration.
The terms contained in the proposed Settlement Agreement are substantially the
same as previously discussed with the City Council, and staff is recommending
approval of the proposed Settlement Agreement.
If the City Council approves the Settlement Agreement, it will be executed by all
parties and submitted to the court as part of a Stipulated Judgment in the action on or
before January 31, 2002. The approval and filing by the court of that Stipulated
Judgment will conclude the lawsuit.
~b-~
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT is entered into as of the 22nd day of
January, 2002, by and between Cupertino Citizens for Affordable Housing, an
unincorporated association, Gertrude Welch, and individual, Josephine Sadler, an
individual, the City of Cupertino, a municipal corporation, and the Cupertino
Redevelopment Agency, a public body, corp~~rate and politic, for the purpose of settli-Ig
that certain lawsuit identified as Cupertino Citizens for Affordable Housing etc., el al. v.~~.
All Persons Interested in the Redevelopment Plan for the Cupertino Vallco
Redevelopment Project, etc., et al., Santa Clara County Superior Court, Case No.
CV793260 (the "litigation" or "action").
I. RECITALS
A. Parties
Plaintiffs CUPERTINO CITIZENS FOR AFFORDABLE HOUSING, an
unincorporated association, GERTRUDE WELCH, and JOSEPHINE SADLCR
("Plaintiffs") and Defendants CITY OF CUPERTINO, a city ("City"), and CUPERTINO
REDEVELOPMENT AGENCY, a public body ("Agency") (collectively, "Defendants"
or "Cupertino")
B. Procedural Background and Intent of the Parties
Plaintiffs filed the action on October 17, 2000 to challenge the validity of the
Redevelopment Plan for the Cupertino Vallco Redevelopment Project ("the Project"),
adopted by Ordinance No. 1850 by the Cuper~:ino City Council on August 21, 2000. The
Complaint consists of twelve causes of action, but the crux of said validation action is
that, at the time the Cupertino City Council a~3opted the Project, it did not have before it
~b-~
substantial evidence that the Project Area is blighted, that invoking California
Redevelopment Law is necessary to revital:.ze the Project Area, or that the Project is
consistent with Cupertino's General Plan and Housing Element.
Defendants deny Plaintiffs' allegations and maintain that adoption of the
Cupertino Vallco Redevelopment Project was a valid exercise of governmental power,
supported by substantial evidence in the record, and nothing contained in this Settlement
Agreement constitutes an admission or concession by the Defendants of the merits of
Plaintiffs' action or of any of Plaintiffs' allegations.
All parties wish to resolve the action without further litigation. This agreement is
entered into with the intent of resolving all currently pending issues regarding the validity
of the Cupertino Vallco Redevelopment Project and all other allegations raised in
Plaintiffs' Complaint.
C. Definitions
"Agency" means the Cupertino Redevelopment Agency.
"Agreement" shall refer to this Settlement Agreement and the Stipulated
Judgment incorporating the terms of this Agreement.
"Area Median Income" means the median family income of the geographic area
of the state that includes the City of Cupertino, as determined annually by the federal
Department of Housing and Urban Developmf;nt ("HUD")
"Bay Area Legal Aid" (or "BayLegal") shall include the successors or assigns of
Bay Area Legal Aid.
"California Community Redevelopment Law" (or "CRL") means and refers to
California Health and Safety Code Section 33000, et seq.
2
l to - 3
"City" means the City of Cupertino.
"Extremely Low Income household:;" (or "ELI households") shall refer to the
definition contained in California Health and Safety Code Section 5010(, as added by
Chapter 741 of the Statutes of 2001, effective January 1, 2002 (currently, persons and
families whose incomes do not exceed 30°/~ of the Area Median Income, adjusted for
family size).
"Low and Moderate Income Fund" (or "L&M Fund") means the Agency's Low
and Moderate Income Housing Fund, established pursuant to California Health and
Safety Code Sections 33334.2, 33334.3, and related sections.
"Low Income households" shall refer to the definition contained in California
Health and Safety Code Section 50079.5 (currently, persons and families whose incomes
do not exceed 80% of the Area Median Income, adjusted for family size).
"Moderate Income households" shall refer to the definition contained in
California Health and Safety Code Section 50093 (currently, persons and families whose
incomes do not exceed 120% of the Area Median Income, adjusted for family size).
"Project Area" means the Cupertino Vallco Redevelopment Project Area, as
described in the Redevelopment Plan for the Cupertino Vallco Redevelopment Project
adopted by Ordinance No. 1850.
"Very Low Income households" shall refer to the definition contained in
California Health and Safety Code Section 50105 (currently, persons and families whose
incomes do not exceed 50% of the Area Median Income, adjusted for family size).
~b -~
II. TERMS
A. Twenty-five percent (25%) of the tax increment allocated to the Agency
from the Cupertino Vallco Redevelopment Project shall be deposited annually into the
Low and Moderate Incorr!e Housing Fund established for the Project ("the L&M Fund")
B. Five percent (5%) of the tax increment allocated to the Agency from the
Cupertino Vallco Redevelopment Project (i.e., 20% of the L&M Fund) will be allocated
to providing housing affordable to Extremely Low Income ("ELI") tenants, subject,
however, to compliance by the Agency with the requirements set forth in California
Health and Safety Code Section 33334.4, as amended by the Statutes of 2001, Chapter
738, effective January 1, 2002.
C. The Agency will ensure that at least five (5) affordable housing units arc
constructed for every 100,000 square feet of non-residential development area added
within the Project Area with financial assistance from the Agency. For purposes of this
paragraph (4), "non-residential development area added within the Project Area with
financial assistance from the Agency" (hereinafter the "Added Square Footage") shall
mean building area constructed for occupancy pursuant to an agreement which provides
for financial assistance from the Agency.
1. Added Square Footage shall not include:
a. the new construction or remodeling of parking areas; or
b. the remodeling or replacement (in substantially the samc
location) of existing building area, provided, however, that any currently occupied
commercial building area that is replaced by any other use (e.g., parking lot, open space,
4
~~ s
etc.) will not be deducted from any Added Square Footage elsewhere within the Project
Area.
2. For purposes of this paragraph ILC., the following examples
illustrate the calculation of Added Square Footage pertaining to the existing Vallco
shopping center:
a. If an existing 100,000 square foot major retail store is
remodeled or replaced (in substantially the same location) with a 100,000 square loot
major retail store, the Added Square Footage ~NOUId be zero.
b. If an existing 100,000 square foot major retail store is
remodeled or replaced (in substantially the same location) with a 120,000 square foot
major retail store, the Added Square Footage ~NOUId be 20,000.
c. If 100,000 square feet of existing mall store building area is
remodeled or replaced (in substantially the same location) with 100,000 square feet of
mall store building area or with parking area, the Added Square Footage would be zero.
d. If 100,000 square feet of mall store building area is
constructed in a location previously unoccupied by mall store building area, the Added
Square Footage would be 100,000.
e. If a 120,000 square foot major retail store is constructed
that requires the remodeling or replacement of 20,000 square feet of existing mall store
building area, the Added Square Footage would be 100,000.
f. If 40,000 squarF; feet of lower level mall store building area
is removed west of Wolfe Road and a 100,000 square foot theater is constructed cast of
Wolfe Road, the Added Square Footage would be 100,000.
5
~~~
3. The first five (5) affordable housing units shall be provided in
connection with the first 50,000 square feet of Added Square Footage. After the first
100,000 square feet of Added Square Foota;~e, one (1) affordable housing unit shall be
provided in connection with every 20,000 square feet of Added Square Footage.
4. The affordable housing units shall be provided to serve income
levels in the proportions required by Health and Safety Code Section 33334.4, as
amended by Chapter 738 of the Statutes of~ 2001, effective January 1, 2002, and the
parties agree that the first five (5) affordable housing units shall be provided in the
following proportions: (a) one (1) unit shall be affordable Very Low Income households;
(b) two (2) units shall be affordable to Low Income households; and (c) two (2) units
shall be affordable to Moderate Income households.
5. Affordable housing units required to be constructed by the City's
Below Market Rate Housing Program shall be counted toward satisfaction of the
Agency's obligation under this paragraph ILC. if they are constructed within the Project
Area or with assistance from the City or Agency. Affordable housing units constructed
in excess of the minimum required by the City's Below Market Rate Housing Program,
whether or not they are constructed with assistance from the City or Agency, shall also be
counted toward satisfaction of the Agency's obligation under this paragraph 11.C.
6. The affordable housing units may be constructed within the Project
Area or elsewhere within the City of Cupertino.
7. Occupancy of the Added Square Footage will be withheld until
construction of the requisite affordable housing units has been provided for under
executed contracts with developers or contractors.
6
«a ~~
D. The Agency will make every reasonable effort to leverage L&M funds,
provided that the added funding sources do not give priority to any special need group.
E. The Agency will make monitoring reports, prepared in compliance with
applicable requirements of the CRL, available to Bay Area Legal Aid on an annual basis
for the life of the Cupertino Vallco Redevelopment Project.
F. With respect to affordable housing rental units constructed or substantially
rehabilitated pursuant to an agreement which provides for financial assistance from the
Agency, the Agency agrees that:
1. It shall include in such agreement a requirement that the owner of~
said units notify, or cause its property manager to notify, the Santa Clara County Housing
Authority and Cupertino Community Service, of vacancies; and
2. It shall include in such agreement a requirement that the owner
and/or property manager of said units participate in a seminar presented by the Santa
Clara County Housing Authority or Bay Area Legal Aid for the purpose of educating
landlords regarding the federal Section 8 voucher program. The Agency will cooperate
with the Santa Clara County Housing Authority and/or Bay Area Legal Aid in the
periodic scheduling of such seminars.
G. Each party shall bear its own fees and costs, except that with respect to the
costs of preparation of the Record of .Proceedings related to adoption of the
Redevelopment Plan, the Plaintiffs shall pay the sum of $374.20 and the Defendants shall
be responsible for the balance of $2,599.82.
7
~L -g
H. Bay Area Legal Aid may request records under and pursuant to the Puhlic
Records Act, Government Code Section 62`i0 et seq., as necessary and appropriate to
determining compliance with the terms of this Settlement Agreement.
III. DISPOSITION OF THE LITIGATION/ENFORCEMENT OF
SETTLEMENT AGREEMENT
This Settlement Agreement is a corlplete, final and binding resolution of all
issues and claims in the above-captioned matter. The parties agree to execute and file a
Stipulated Judgment which includes all the provisions of this Settlement Agreement.
Plaintiffs, and each of them, in consideration of the Defendants' agreements wider this
Settlement Agreement, hereby release the Defendants from all claims of the Plaintiffs
pertaining to the validity of the Redevelopment Plan for the Cupertino Vallco
Redevelopment Project, the Cupertino Vallco Redevelopment Project, Ordinance No.
1850, and all other proceedings and actions taken by the Defendants in connection with
the adoption of the Redevelopment Plan.
In the event that both of the individual plaintiffs die or become mentally or
physically incapacitated prior to final performance of this Settlement Agreement, the
parties hereby stipulate that Bay Area Legal Aid may designate one or more individuals
to act on behalf of the individual plaintiffs and Cupertino Citizens for Affordable
Housing„ provided that any individual so designated is a resident of the City of
Cupertino. The parties further stipulate that the death of one or more named plaintiffs
shall have no effect whatsoever on the power of the surviving named plaintiff and/or [3ay
Area Legal Aid's designee to enforce this Settlement Agreement.
The parties hereby jointly request, and the Stipulated Judgment shall specify, that
the Court retain jurisdiction over this case and over the parties personally for the purpose
8
Ib -~
of enforcing this Settlement Agreement. This includes tolling of any applicable statute,
rule, or court order affecting timely prosecution of this action, including but not limited to
the five-year dismissal statute, California Code of Civil Procedure Section 583.330.
DATED: , 2002
GERTRUDE WELCH
DATED: , 2002
JOSEPHINE SADLER
C'UPERTINO CITIZENS FOR
~.FFORDABLE HOUSING, an
unincorporated association
DATED: , 2002 By
Its
APPROVED AS TO FORM:
BAY AREA LEGAL AID
~.ttorneys for Plaintiffs
DATED: , 2002 By
William Litt, Esq.
9
lg '~~
DATED: , 2002
DATED:
DATED: , 2002
DATED: , 2002
DATED:
CITY OF CUPERTINO, a municipal
corporation
>=,y
Richard Lowenthal, Mayor
By
David Knapp, City Manager
CUPERTINO REDEVELOPMENT
AGENCY, a public body, corporate and
politic
1=~y
Richard Lowenthal, Chairman
L-~y
David Knapp, Executive Director
APPROVED AS TO FORM:
2002
MURPHY & DAMS, LLP
~.ttorneys for Defendants
2002
F,y
C. Nicole Murphy, Esq.
10
~~ -l(