HomeMy WebLinkAboutContracts & Agreements_169A-2003_CCv0001.pdf AGENDA ITEM NO. 1)—'7
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 Anneleisejardne Walker for property located at 1146 6xford,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 Emmerson Dame J. McHujh
Executive Assistant City Attorney
CODE ENFORCEMENT AGREEMENT
This Code Enforcement Agreement (hereinafter"AGREEMENT") is entered into by and
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 a Notice 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 allotice
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;
a
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NOW,THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the parties agree as follows:
AGREEMENT 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.
2. 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
$7,500.00. 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.
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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. 10141 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 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.
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 abreach 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.
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6. 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 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
8. 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
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AGREEMENT shall nonetheless remain in full force and effect and be binding as to each and all
of the parties.
14. 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
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
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other relief awarded.
14. ENTIRE AGREEMENT: This AGREEMENT constitutes the entire Agreement
I
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.
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IN WITNESS WHEREFORE , the parties hereto have executed or caused this
AGREEMENT to be executed by their duly authorized representatives.
CITY OF REDLANDS
DATED: --Aqgust __j1_, 2003. By: ?
Karl N. Haws,Mayor
ATTEST:
By:
me p-oyz(61 talt)Clerk
DATED: 2003. BUYER Gregory Walker
By:
Gregory Walker
DATED: , 2003. BUYER Anneleise Janine Walker
By:
Anneleise Janine Walker
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IN 'l MESS WHEREFORE, the parties hereto have ex=tet Or caUS,64 ;SLB
AM SMENT to be executod by their duly aud-torized ropmaentu ives.
CITY OF R EDEA NMS
DATED: _ .2003. '8y:
Kari Vii,H.swe,
A=T.-
By.
ATTEST:B Ate....
Lorrie Poyztr,City i
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D:ATBD: - '�i• �.? '�. .2009. BeC1nk Cory Walkar
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DATED: 7 ,t 2003. H=R Anuelcise Janine Walker
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