1 SETTLEMENT and RELEASE AGREEMENT This Settlement And
SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement (“Agreement”) is entered into on October ___,26 2020 (the “Effective Date”), by and between the City of Temecula and City of Temecula City Council (the “City”); Ambient Communities, LLC and Temecula West Village, LLC (together referred to as “TWV”); Center for Biological Diversity, Sierra Club, Mountain Lion Foundation, and The Cougar Connection (collectively referred to as “CBD”); and Endangered Habitats League (“EHL”) (all referred to collectively as the “Parties” and, individually, a “Party”). RECITALS This Agreement is made with reference to, and in consideration of, the following facts and representations, which the Parties agree are true and correct: A. On December 12, 2017, the City Council of the City certified a final Environmental Impact Report (“EIR”) and approved other project entitlements (the “Approvals”) for the Altair Specific Plan (the “Project”). A map depicting the Project as approved is attached for reference purposes as Exhibit A. B. On January 11, 2018, CBD filed a Petition for Writ of Mandate and Complaint for Injunctive Relief alleging that Respondent City violated the California Environmental Quality Act (“CEQA”) and California planning and zoning laws in approving the EIR and the Approvals for the Project (the “CBD Petition”) in the action styled Center for Biological Diversity, et al. v. City of Temecula, et al. (Riverside County Superior Court Case No. RIC1800858) (the “CBD Action”). On January 10, 2019, CBD filed a First Amended and Supplemental Verified Petition for Writ of Mandate and Complaint for Injunctive Relief (the “Amended CBD Petition”), which added a claim alleging that the City had violated its duty to retain certain records.
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