HomeMy WebLinkAboutCounty of San Diego; 2021-09-08;TERMINATION OF MUTUAL COOPERATION AND SETTLEMENT AGREEMENT This Termination of Mutual Cooperation and Settlement Agreement ("Termination") is agreed to by and between the City of Carlsbad ("City") and the County of Sao Diego ("County'') (the City and the County shall be referred to collectively as the "Parties"), with respect to the following facts and circumstances: WHEREAS, the County owns and operates the McClellan-Palomar Airport (" Airport"), located in the City of Carlsbad, California. WHEREAS, on or about October 10, 2018, the County Board of Supervisors approved the McClellan-Palomar Airport Master Plan Update ("Airport Master Plan") and certified the adequacy oftbe Final Program Environmental Impact Report for the Airport Master Plan {"Final PEIR") WHEREAS, on or about December 6, 2018, the City filed a lawsuit against the County in San Diego Superior Court as Case No. 37-2018-0006 l 565-CU-MC-CTL, challenging the adequacy of the Final PEIR for the Airport Master P[an ("City's Lawsuit"); and WHEREAS, on or about March 28, 2019, the City and the County entered into the Mutual Cooperation and Settlement Agreement (''Settlement Agreement") which provided for cooperation between the City and the County concerning the Airport Master Plan and dismissal of the City's Lawsuit; and WHEREAS, on or about May 5, 2021, pursuant to a writ of mandate issued in an action entitled Citizens for a Friendly Airport v. County of San Diego (San Diego Superior Court Case No. 37-2018-00057624-CU-TI-CTL), the County set aside its certification of the Final PEIR and rescinded and vacated its approval of the Airport Master Plan; and WHEREAS, after the County set aside its certification of the Final PEIR and rescinded and vacated its approval of the Airport Master Plan, the City requested termination of the Settlement Agreement because the Settlement Agreement was intended to guide mutual cooperation on the Airport Master Plan and the approval of the Airport Master Plan had been set aside; and WHEREAS, on or about September 1, 2021, the County agreed to the City's request to terminate the Settlement Agreement. THEREFORE, in light of the foregoing facts and circumstances, IT IS HEREBY AGREED, by and between the Parties as follows:
1. Termination of Settlement Agreement.•The Settlement Agreement is terminated forthwith and shall be of no further force or effect. All obligations and responsibilities set forth in the Settlement Agreement are hereby terminated. Nothing herein shall be construed as an cidmission that'any provisions in the Settlement Agreement or the manner in which the Settlement Agreement was approved were unlawful. · The Parties, with the benefit of representation and advice of counsel, have read the foregoing Termination and fully understand each and every provision contained herein. WHEREFORE, the Parties have executed this Termination 9fl the date(s) shown below. DATED: DATED: DATED: DATED: September 7, 2021 2 CITY OF CARLSBAD By: Scott Chadwick Its: City Manager Office of City Attorney of the City of Carlsbad By: Celia A. Brewer, City Attomey '?M uJl_·. COUNTY OF SAN DIEGO By: Jeff Moneda Its: Director of Public Works Office of County Counsel, San Diego Cou B . Joshua M. Heinlein, Senior Deputy
1. Termination of Settlement Agreement. The Settlement Agreement is terminated forthwith and shall be of no further force or effect. All obligations and responsibilities set forth in the Settlement Agreement are hereby terminated. Nothing herein shall be constcued as an admission that any provisions in the Settlement Agreement or the manner in which the Settlement Agreement was approved were unlawful. The Parties, with the benefit of representation and advice of counsel, have read the foregoing Termination and fully understand each and every provision contained herein. WHEREFORE, the Parties have executed this Termination on the date(s) shown below. DATED: Sep 8, 2021 DATED: Sep 7, 2021 DATED: DATED: 2 Sutftc/yu)wid; Scott Chadwick {Sop 8. 2021 10:26 POT) CITY OF CARLSBAD By: Scott Chadwick Its: City Manager Office of City Attorney of the City of Carlsbad Cet1a Srewer CeliJ erewe, /Sep 7, 202116:42 POT) By: Celia A. Brewer, City Attorney COUNTY OF SAN DIEGO By: Jeff Moneda Its: Director of Public Works Office of County Counsel, San Diego County By: Joshua M. Heinlein, Senior Deputy