The URL can be used to link to this page

Home My WebLink AboutContracts & Agreements_155-2003_CCv0001.pdf f CODE ENFORCEMENT AGREEMENT This Code Enforcement Agreement (hereinafter "AGREEMENT"}is entered into by and between the CITY OF REDLANDS and TUNG THANH DINH AND TRUE-LINH T HI BUI. ("BUYERS'). The previously noted parties are sometimes referred to herein as the"PARTIES." WHEREAS,THE CITY OFREDLANDS filed with the San Bernardino County Recorder a Notice of Pendency of Administrative Proceeding regarding certain real property located at 521 Brockton Ave,Redlands,California 92374(the"SUBJECT PROPERTY")as a result ofnumerous violations of the Redlands Municipal Code existing on the SUBJECT PROPERTY, WHEREAS, BUYERS request that THE CITY OF REDLANDS release the Notice of Pendency ofAdministrative Proceeding 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 with the title company of their choice; NOW,THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: SAAR'MEQ 0\S1-r\.7s83 AGREEMENT OF PARTIES 1. THE SUBJECT PROPERTY is currently in code compliance. BUYERS agree to maintain the SUBJECT PROPERTY in full code compliance including,but not limited to, 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. 2. 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 and/or decisions of the CITY OF REDLANDS with regard to the common areas are unknown and yet to be determined, but will 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 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 SACRAMENTUSLEM83 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, 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, are forever waived. This waiver expressly includes any right by BUYERS 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 agree 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. SACRAMENRYSM-7883 8. 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 entering 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 I 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 once BUYERS closes escrow on the SUBJECT PROPERTY. 11. COUNTERPARTS: This Release may be executed in one or more counterparts, (including via original or electronic facsimile ortelecopier transmission,which shall be conclusively deemed an signature original in gnature 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 SACRAMENTCYNSLE,7883 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 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 LANK This AGREEMENT shall be9 overned 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. SACRAMENTO%SLE0883 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. IN WITNESS WHEREFORE, the parties hereto have executed or caused this AGREEMENT to be executed by their duly authorized representatives. DATED: August 5, , 2003. CITE' OF REDLANDS By: Karl N. Haws, 'Mayor ATTEST By: I,6rrie Poyzer i Clerk DATED: 7 2003. By: Tung Thanh Dinh,Buyer By: True-Linh Thi Bui, Buyer SACRANIENTUSLE=7$$3 ' 'will °°°`n 9163254010 T-262 P.002/002 F-621 1 16. AUTHORITY TO SIGN: Allindividuals suing below on behalf of any entity hcxeby warrant and represent that they have full authority to execute this AGREEMENT on behalf of the enrides for which they have signed- IN Wl'TN.CSS WIMREFORE, the parties hereto have executed or caused this AGREEMENT to be executed by their duly authorized representatives. DATED: 12003. CTI`Y'OF REDLANDS By. Kul N. Hawes,Mayor ATTEST By. Lorrie Poyzer, City Clerk DATED: 2003. BY ung Thanh Dinh,Buy's' By1 1,4t814 True--Lush Thi Bui,Buyer — — sAC -r T01SM7 3 JUL-30-2003 16:20 9163254010 99; P.02