HomeMy WebLinkAboutContracts & Agreements_186-2003_CCv0001.pdf CODE ENFORCEMENT AGREEMENT
This Code Enforcement Agreement (hereinafter"AGREEMENT") is entered into by and
between the CITY OF REDLANDS and GREG RANIOS ("OWNER"). The previously noted
parties are sometimes referred to herein as the "PARTIES."
WHEREAS,THE CITY OF REDLANDS filed with the San Bernardino County Recorder
a Notice of Pendency of Administrative Proceeding regarding certain real property located at 1144
Tribune Street,Redlands,California 92374(the"SUBJECT PROPERTY")as a result of numerous
violations of the Redlands Municipal Code existing on the SUBJECT PROPERTY;
WHEREAS, OWNER requests that THE CITY OF REDLANDS release the Notice of
Pendency of Administrative Proceeding from title to the SU EJECT PROPERTY,so that OWNER
can hold the SUBJECT PROPERTY free and clear of all encumbrances by THE CITY OF
REDLANDS;
NOW,THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the parties agree as follows:
SACRAMENTO-4:0J 505'
AGREEMENT OF PARTIES
1. OWNER agrees to maintain the SUBJECT PROPERTY In compliance with each
of the items listed on the City's Notice and Order to Repair,dated August 8, 2002. The Notice and
Order to Repair is attached hereto as Exhibit "A" and incorporated herein by reference.
2OWNER further agrees to comply with any and all reasonable 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. 10141 and 10142, and the
conditions of approval required by the CITY OF REDLANDS for such maps. OWNER is aware
and understands that the actions,recommendations and/or 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.
3. REMOVAL OF THE NOTICE: Upon the execution of this AGREEMENT,the
CITY OF REDLANDS agrees to record a Release of the Notice of Pendency of Administrative
Proceeding with regard to the SUBJECT PROPERTY.
4. LIQUIDATED DAMAGES: The PARTIES agree that in the event of a breach by
OWNER, damages incurred by the CITY OF REDLANDS, as a result of such breach, would be
difficult to calculate. Therefore, the PARTIES hereby agree that OWNER shall be liable to the
CITY OF REDLANDS in the amount of $10,000.00, in the event OWNER breaches this
SAC RAMENTOEOP,5051
AGREEMENT. This provision is in addition to the CITY OF REDLANDS'ability to specifically
enforce this AGREEMENT.
5. WAIVER 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 OWNER to appeal the formation of a HOA.
6. 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 auree that this AGREEMENT shall be and remain effective in all respects notwithstanding such
different or additional facts or the discovery thereof.
7. 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.
& NO RELIANCE ON OTHERS: The PARTIES to this AGREEMENT, and each
SACRAMENTOTOY-5051
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
AGREEMENT shall nonetheless remain in full force and effect and be binding as to each and all
of the parties.
9. 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.
10. 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.
IL 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.
12. 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
SACRAMENJOI-OJ,5051
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
other relief awarded.
13. 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.
14, 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.
15. 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.
16. 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.
s Ac`RANENTOLOT-5051
09-19-03 02:22pm From-R&K a 9163254010 1-yoa r.wL/UUJ r-c%"
r.."T 10.aurtaaT M+IIti
na-,a-na ni+son� rro�it+►x
ni ytitt'�7szss tboo Y ° sAVa eaaeratiz�d as
_ w.aU=rT us be
Crry OF RMEOLANDS
}
f�
October 7 2ao3.
IIA,T b: n Peppier; 1layor Pro Tem
A
s�Poy2
VAT=r- 2003.
7
Rn¢atved dS�dl—d3 dat86# frofn—
To—MK Pg;e UT
SEP-18-2003 14:38 8163254010 88% P.02
03-15-03 02:23pm From-BBLK
CALM)PHIA► ALL.PURPOSE ACKNOWLEDU WENT
state of
county of 1' �'j R /JM� Z
A z!
ZD o} hatom me, N �&W To.a OMM 104--tee DM Now"Y
clop
�Q s
pemanatly appeared
❑personally known to me BvidenCe
C)proved to me on tha basis of satisfactory
to be Ljars
within
the instrument
owledna"9ed to me that hsubscribed
shWM"
wtthtn Ins�tune
executed the same in his/her/their aau on�n� the
and*oat by MG/hOfft [ signmture(
t0 RAMii person(s).or the entity upon be
of which the pt;rson(s)
Z" MAR acted, executed the instrument.
COMM.0"0t0a S
, G
_ usro+�aP
psm" OM"" WITNt.55 my nano and ottictat seat.
1
of Homo ruOYo
OPTIONAL
hmudsAw7f
enc cowo P► w
Though the informs t# W N mW Prove v�uatsfe tv peraoree reryM►9 0►►Ina aoarrnenr
don below is and rwteadanenr of this lona to anoMw abou~L
Deacripttion of Attached Dacument
T1de or Type of Document:
Document Date:
r G 2�� 100 _______ Number of Pages
/7�'
Signers) Other Than Named Above:
Ctapaclttypes) Claimed by Signor(*)
Signer's Name'
j rj �j�/nos Signer's Name:
Xindivtduai 0 Corpindividuat
O Corporate Officer ❑ TM;0.rats Offioer
Ttde(9): Tiartn):
D Partner--D l.lmited O General O Partner—❑ trmited O General
Fact D Attomey-in-Fact
Q Attorney-in- M Trustee
D Trustee p Guardian or Conservator
Q Guwidian or Conaervator W f'"b hem
O Other: '�m thin""f° ❑ other:
Signer Is Representing:
Signer la Representing:
D 1998 Nererd Nwary °UO^-8296 Rertunst Ara.PO.BM 7184.cwma pam CA 01s09.71e4
Waei Kos As~Cox To~1-E00 Ord-�E7
Recelved 05-01-03 05:39pm Frw-
To-BBiK Pate 008
SEF-19-2003 14:39
9163254010 99% F.03