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Home My WebLink AboutContracts & Agreements_169A-2003_CCv0001.pdf AGENDA ITEM NO. COUNCIL MEETING OF 9/2/03 REQUEST FOR COUNCIL ACTION SUBJECT: Code Enforcement Agreement Attached is a copy of the Code Enforcement Agreement between the City of Redlands and Gregory Walker and Anneleise Janine Walker for property located at 1146 Oxford Drive. The City Council authorized settlement of this lawsuit and the attached Agreement reflects the Council's terms and conditions for settlement. In accordance with the requirements of the Brown Act,the agreement is on your agenda to notify the public of the settlement agreement and to acknowledge that the Mayor and City Clerk have executed the Agreement. No action is necessary by the City Council. Prepared by: Concurrence: Linda EmmersonDame J. M�T.�cHu i Executive Assistant City Attorney CODE ENFORCEMENT AGREEMENT This Code Enforcement i hereinafter( Agreement "AGREEMENT") s entered into by and 9 1 between the CITY OF REDLANDS and buyers Gregory Walker and Anneleise Janine Walker ("BUYERS"). The previously noted parties are sometimes referred to herein as the"PARTIES." WHEREAS,on or about August 9,2002,the CITY OF REDLANDS recorded allotice of Pendency ofAdministrative Proceeding with the San Bernardino County Recorder regarding certain real property located at 1146 Oxford Drive, Redlands, California 92374 (the "SUBJECT PROPERTY")as a result of numerous violations of the Redlands Municipal Code existing on the SUBJECT PROPERTY; WHEREAS,on or about December 18,2002,the CITY OF REDLANDS recorded a Notice of Pendency of Action for Case No. SCVSS 095981 with the San Bernardino County Recorder regarding the SUBJECT PROPERTY; WHEREAS, BUYERS request that the CITY OF REDLANDS release the Notice of Pendency of Administrative Proceeding,and Notice of Release of Pendency of Action from title to the SUBJECT PROPERTY, so that BUYERS can close escrow and purchase the SUBJECT PROPERTY free and clear of all liens and encumbrances; SACRAMENTUTOY,j0412 Page 1 of 7 NOW,THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: AGREEINIENT OF PARTIES 1. BUYERS agree to repair, or cause to be repaired, each of the items listed on the City's Notice and Order to Repair,dated August 8, 2002,no later than sixty(60)days from the date of this AGREEMENT. The Notice and Order to Repair is attached hereto as Exhibit "A" and incorporated herein by reference. ? BUYERS represent that they are in the process of purchasing the SUBJECT PROPERTY and escrow is currently pending. BUYERS agree to have all landscaping items required to bring the SUBJECT PROPERTY into code compliance completed by no later 21 days from the date of the close of escrow on the SUBJECT PROPERTY. This includes, but is not limited to,planting necessary trees and greening up the lawns. 2. BUYERS shall pay the CITY OF REDLANDS the aggregate sum of$7,500.00. Such sum shall be payable at the close of escrow. The payment of such sum shall be complete upon the presentation of a valid check made payable to CITY OF REDLANDS in the amount of 57,500.00. Funds to be deposited in escrow within one (1) day after full execution of this AGREEMENT. Funds to be refunded to BUYERS if purchase is unsuccessful. -SACRAMENTO';, h'7042 Page 2 of 7 3. BUYERS further agree to comply with any and all actions,recommendations and/or decisions of the CITY OF REDLANDS with regard to the common areas for the SUBJECT PROPERTY,as defined in Final Tract Map Nos. 10 141 and 10142,and the conditions of approval required by the CITY OF REDLANDS for such maps. BUYERS are aware and understand that the actions, recommendations andior decisions of the CITY OF REDLANDS with regard to the common areas are unknown and yet to be determined, but may include the creation of a Home Owner's Association("HOA") to maintain the common areas. 4. REMOVAL OF THE NOTICES: Subsequent to, or concurrently with, (1) the recording of the necessary title documents which transfers the title of the SUBJECT PROPERTY to the BUYERS; and(2) the close of escrow for the purchase of the SUBJECT PROPERTY by the BUYERS, the CITY OF REDLANDS agrees to cause to be recorded a Release of the Notice of Pendency of Administrative Proceeding and a Release of the Notice of Pendency of Action with regard to the SUBJECT PROPERTY. 5. LIQUIDATED DAMAGES: The PARTIES agree that in the event of a breach by BUYERS, damages incurred by the CITY OF REDLANDS, as a result of such breach,would be difficult to calculate. Therefore, the PARTIES hereby agree that BUYERS shall be liable to the CITY OF REDLANDS in the amount of $10,000.00, in the event BUYERS breach this AGREEMENT. This provision is in addition to the CITY OF REDLANDS'ability to specifically enforce this AGREEMENT. SACRAMENT&LOT,7042 Page 3 of 7 1� 6. )VAIVER OF APPEAL: The PARTIES acknowledge that,by agreeing to the terms and conditions of this AGREEMENT, any and all rights they may have to challenge or appeal any proceeding or order of the CITY OF REDLANDS with regard to the items listed in the Notice and Order attached hereto as Exhibit"A"or with regard to the common areas of the development which the SUBJECT PROPERTY is located,is forever waived. This waiver expressly includes any right by BUYERS to appeal the formation of a HOA. 7. DISCOVERY OF ADDITIONAL FACTS:The PARTIES to this AGREEMENT, and each of them acknowledge that they may hereinafter discover facts different from,or in addition to,those which they now know to be true with respect to the subject matter of this AGREEMENT and agree that this AGREEMENT shall be and remain effective in all respects notwithstanding such different or additional facts or the discovery thereof. S. REPRESENTATION AND WARRANTIES: The PARTIES to this AGREEMENT, and each of them, warrant and represent to each other that they have not transferred, assigned or hypothecated, or purported to transfer, assign or hypothecate, any of the claims being,released hereunder. 9. NO RELIANCE ON OTHERS: The PARTIES to this AGREEMENT,and each of them, acknowledge that in entering into this AGREEMENT they have not relied upon any statement of any other party or any PARTIES' attorneys, and should any party be mistaken in the PARTIES' belief with regard to some issue of fact or law regarding the matters herein, this SAC RAM ENTO"I'OT,7042 Page 4 of 7 AGREEMENT shall nonetheless remain in full force and effect and be binding as to each and all of the parties. 10. CONSTRUCTION OF AGREEMENT: The language in all parts of this AGREEMENT shall be in all cases construed as a whole according to its fair meaning and not strictly for or against any party hereto. 11. SUCCESSORS: This AGREEMENT shall be binding upon and inure to the benefit of each party and parties' respective successors, heirs and assigns. The CITY OF REDLANDS reserves the right to record this AGREEMENT with the County Recorder's office once BUYERS close escrow on the SUBJECT PROPERTY. 12. COUNTERPARTS: This Release may be executed in one or more counterparts, {including via original or electronic facsimile or telecopier transmission,which shall be conclusively I deemed an original signature or signatures) each of which shall be deemed an original but all of which rather shall constitute one and the same instrument. 13. ACTION FOR ENFORCEMENT OF AGREEMENT: If any party hereto brings an action or other proceeding to interpret or enforce any of the terms of this AGREEMENT, or arising out of a breach of contract or otherwise related to this AGREEMENT, then the prevailing party therein shall be entitled to recover costs and expenses, including reasonable attorneys' fees, in such amounts as may be determined by the Court, having jurisdiction thereof, in addition to any SACRAMENTCAEO-A-7042 Page 5 of 7 other relief awarded. 14. ENTIRE AGREEMENT: This AGREEMENT constitutes the entire Agreement and understanding among the PARTIES concerning the subject matter of the AGREEMENT,and supercedes all prior and contemporaneous agreements,statements,understandings,terms,conditions, negotiations,representations and warranties, whether oral or written, made by any of the parties or their attorneys concerning the matters covered by this AGREEMENT. 15. ADVICE OF COUNSEL: Each of the PARTIES to this AGREEMENT has had the opportunity to obtain the advice of legal counsel of their or its choice with respect to this AGREEMENT. 16. GOVERNING LAW: This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California. It is also expressly agreed and understood by the parties that the language of this AGREEMENT shall not be presumptively construed against any of the parties. 17. AUTHORITY TO SIGN: All individuals signing below on behalf of any entity hereby warrant and represent that they have full authority to execute this AGREEMENT on behalf of the entities for which they have signed. SACRAMENTMEM-7042 Page 6 of 7 1 IN WITNESS WHEREFORE , the parties hereto have executed or caused this AGREEMENT to be executed by their duly authorized representatives. CITY OF REDLANDS DATED: Auqust 11 2003. By: ? Karl N. Ha,,vs,Mayor ATTEST: By: rrie Poyz96, � it Clerk DATED: 2003. BUYER Gregory Walker By: Gregory Walker DATED: 2003. BUYER Anneleise Janine Walker By: Anneleise Janine Walker SACRAMENTUTOE7042 Page 7 of 7 08-01-03 09:21am From-BUK 9163254010 T-289 P.0021002 F-870 11632096114 T- 10 f-0081001 E•662 IN WITNESS wIXERZFO RE, tho parties hereto have ex=te er cRuMt! LhlS A )CAIRNT tO tie executod by their duly ourhorized ropmaentatives. GTTY OF RI5I7L ANDS DATED: _ .2003. $y: s x+rl N.Rows,Mar T .A=T.- Louie Poyzer,City lens 1 DATED: -5 ,200 . SUML dory Walker B . r BATED: `r ;3i �J 2003. BUYER A=eloise Janine Walker M I a B, �I SSG I alkc ' f r t t s�icw► �1tus Page 7 of I f t Received or-91-08 05:02pm Frog- To-MK Paso 008 AUG-01-2003 09:79