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HomeMy WebLinkAboutContracts & Agreements_116-2003_CCv0001.pdf 1-16177/-g /-/-vena SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement (hereinafter "AGREEMENT") is entered into by and between Petitioner the CITY OF REDLANDS and Respondents LUIS CERDA AND FRANCES CERDA ("RESPONDENTS") in connection with the settlement of San Bernardino Superior Court Case No, SCVSS 095981 ("Case No. SCVSS 095981"). The previously noted parties are sometimes referred to herein as the "PARTIES." This AGREEMENT supersedes the prior Code Enforcement Agreement between the PARTIES signed by the RESPONDENTS on December 11, 2002 and signed by the CITY OF REDLANDS on December 16, 2002 ("PRIOR AGREEMENT"). The PARTIES agree that the PRIOR AGREEMENT shall have no binding effect on the PARTIES, and that this AGREEMENT shall control the contractual relationship between the PARTIES as set forth herein. RECITALS A. On or about August 9, 2002, the CITY OF REDLANDS recorded a Notice of Pendency of Administrative Proceeding with the San Bernardino County Recorder regarding certain real property located at 426 Lugonia Avenue, Redlands, California 92374 (the "SUBJECT PROPERTY") as a result of its administrative action arising out of numerous violations of the Redlands Municipal Code existing on the SUBJECT PROPERTY, SACRAM1-NTCYEOJ\6535 Page 1 of 9 B. On December 11, 2002, the RESPONDENT and the CITY OF REDLANDS executed the PRIOR AGREEMENT whereby the CITY OF REDLANDS released the notice of pendency referred to in Paragraph A above based on the RESPONDENTS' agreement to fully comply with each of the items listed on the City's Notice and Order to Repair,dated August 8,2002, ("REPAIR ORDER") no later than sixty (60) days from December 11, 2002. The REPAIR ORDER is attached hereto as Exhibit "A" and incorporated herein by reference. D. By February 9, 2003, RESPONDENTS failed to comply with the PRIOR AGREEMENT and on April 11, 2003 the CITY OF REDLANDS filed a Motion for Leave to File Doe Amendments to First Amended Petition in Case No. SCVSS 095981 in order to enforce compliance with the REPAIR ORDER. E. On May 12, 2003, the Court entered the Order Granting Leave to File Doe Amendments against RESPONDENTS. F. It is the intention of the PARTIES to resolve and settle their disputes and to discharge all claims, demands, causes of action, obligations, damages, and liabilities both parties may have against the other that arise from or are related to Case No. SCVSS 095981. F. This AGREEMENT is a compromise of the claims and liabilities asserted by the PARTIES and shall not be treated as an admission of liability by any party. SACRAMENT0TOE6535 Page 2 of 9 AGREEMENT OF PARTIES NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the PARTIES agree as follows: 1. The PARTIES acknowledge that the recitals are true and correct and incorporate by reference those recitals into this AGREEMENT. 2. RESPONDENTS shall pay CITY OF REDLANDS the aggregate sum of$5,000.00. Such sum shall be due and payable on or before twenty (20) days from the day of execution of this AGREEMENT. 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$5,000. 3. RESPONDENTS agree to maintain the SUBJECT PROPERTY in compliance with the City's REPAIR ORDER. 4. RESPONDENTS 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. RESPONDENTS 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 S AC RAM L TMEOP,6535 Page 3 of 9 a Home Owner's Association ("HOA") to maintain the common areas. 5. Upon the execution of this AGREEMENT, the CITY OF REDLANDS agrees to execute and file a Request for Dismissal, dismissing Case No. SCVSS 095981 in its entirety and without prejudice RESPONDENTS. CITY OF REDLANDS reserves the right to re-file this action against RESPONDENTS in the event the terms and conditions of this AGREEMENT are breached. 6. REMOVAL OF THE NOTICES: Upon the execution ofthis AGREEMENT,the CITY OF REDLANDS agrees to record a Release of the Notice of Pendency of Action relating to the Doe Amendments to First Amended Petition which the CITY OF REDLANDS anticipates recording against the SUBJECT PROPERTY with San Bernardino County Recorder. 7. The PARTIES shall bear their own attorneys' fees and costs incurred in connection with Case No. SCVSS 095981 and drafting and execution of this AGREEMENT. 8. RESPONDENTS on behalf of itself, its agents, representatives, attorneys, employees, servants, affiliates, stockholders, predecessors, successors and assigns, both past and present, and any person or entity acting by,through,under or in concert with each of them,do hereby release, and forever discharge the CITY OF REDLANDS and each of its, agents, representatives, partners, attorneys, employees, elected and non-elected officials, successors and assigns, both past and present, and any person or entity acting by, through, under or in concert with each of them, or SACRAMENTOT01\6535 Page 4 of 9 any of them, of and from any and all manner of action or actions, cause or causes of action, in law or equity, suits, debts, liens, contracts, agreements, promises, liabilities, claims, demands, obligations, rights, breaches of contract, breaches of duty of any relationship, acts, omissions, misfeasance, malfeasance, sums of money, compensation, accounts, contracts, controversies, promises, losses,damages, costs, attorneys' fees, expenses of any type, kind,nature,description, or character whatsoever,whether known or unknown,claimed or suspected,existing or contingent,and irrespective of how, why or by reason of what facts, or which the RESPONDENTS now have, ever had, ever claimed to have had, or that hereafter could, might or may be claimed against CITY OF REDLANDS arising out of Case No. SCVSS 095981. 9. LIQUIDATED DAMAGES: The PARTIES agree that in the event of a breach by RESPONDENTS, damages incurred by the CITY OF REDLANDS, as a result of such breach, would be difficult to calculate. Therefore, the PARTIES hereby agree that RESPONDENTS shall be liable to the CITY OF REDLANDS in the amount of$10,000.00,in the event RESPONDENTS breach this AGREEMENT. This provision is in addition to the CITY OF REDLANDS' ability to specifically enforce this AGREEMENT. 10. 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 REPAIR ORDER 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 SAC RAVI ENT0',Ear,6535 Page 5 of 9 RESPONDENTS to appeal or contest the formation of a HOA. 11. The PARTIES expressly waive the rights afforded under Civil Code section 1542 which provides that: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. The PARTIES represent and warrant that they have received the advice of their attorney with respect to the advisability of making the release provided for herein, and the meaning of California Civil Code section 1542. 12. 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. 13. REPRESENTATION AND WARRANTIES: The PARTIES to this AGREEMENT, and each of them, warrant and represent to each other that they have not SACRAMENTO,E0A6535 Page 6 of 9 transferred, assigned or hypothecated, or purported to transfer, assign or hypothecate, any of the claims being released hereunder. 14. 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 AGREEMENT shall nonetheless remain in full force and effect and be binding as to each and all of the parties. 15. 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. 16. SUCCESSORS: This AGREEMENT shall be binding upon and inure to the benefit ofeach 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. 17. 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 shall constitute one and the same instrument. SACRAMENTMEOP,6535 Page 7 of 9 18. 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 this AGREEMENT, then the prevailing party 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. 19. 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. 20. ADVICE OF COUNSEL: Each of the PARTIES to this AGREEMENT has had the opportunity to obtain the advice of legal counsel of their choice with respect to this AGREEMENT. 21. GOVERNING LAW: This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California. 22. 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. SACRAMENIMEOP6535 Page 8 of 9 , .. .. .. = ...., ......—1-- —. __ 01044Z4UIU 09-20-C3 12:26om Fres-9041( • 9163254010 I-*LI r WUJ/WJJ r-4 rla J. r 14 1111T-'00$ P.010/028 F-726 IN WITNESS NVITEREFORE, thc PARTIES hereto have executed or caused this AGREEMENr to be executed by Their duly authorized representatives. .....: CITY OF REDLANDS DATEDBy: ____________June 17, 2003. : Karl N.Hx..45,I'Vlaytar ATTEST: ------.1 By; poyzer. riio, a-. DATED: . -_2C2 _,2003. RESPONDENT Luis Ceres . i (-7.9- •- las Ccrcia DATED: 6 • 2-0 , 2003. RESPONDENT Frances Cerda By: ' -. A .4 ./ .k. ...- _ Frances Ccrda • SPX.RAMENTattONSS3S Page 9 of 9 49_te E.,4, 50 0 41 Race 1 ved 05-21-03 03:i Ilse From-909 790 9362 Te-BB&K Page 003 JUN-10-2003 11:03 91 F,7241711 Pi 9q:,, ro f-A-2 6 /0 7-1--4a4e CI-reel-- SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement (hereinafter "AGREEMENT") is entered into by and between Petitioner the CITY OF REDLANDS and Respondents LUIS CERDA AND FRANCES CERDA ("RESPONDENTS") in connection with the settlement of San Bernardino Superior Court Case No, SCVSS 095981 ("Case No. SCVSS 095981"). The previously noted parties are sometimes referred to herein as the "PARTIES." This AGREEMENT supersedes the prior Code Enforcement Agreement between the PARTIES signed by the RESPONDENTS on November 15, 2002 and signed by the CITY OF REDLANDS on December 11, 2002 ("PRIOR AGREEMENT"). The PARTIES agree that the PRIOR AGREEMENT shall have no binding effect on the PARTIES, and that this AGREEMENT shall control the contractual relationship between the PARTIES as set forth herein. RECITALS A. On or about August 9, 2002, the CITY OF REDLANDS recorded a Notice of Pendency of Administrative Proceeding with the San Bernardino County Recorder regarding certain real property located at 1210 Tribune Street, Redlands, California 92374 (the "SUBJECT PROPERTY") as a result of its administrative action arising out of numerous violations of the Redlands Municipal Code existing on the SUBJECT PROPERTY. SACRANIENTOTOT,6539 Page 1 of 9 B. On November 15, 2002, the RESPONDENT and the CITY OF REDLANDS executed the PRIOR AGREEMENT whereby the CITY OF REDLANDS released the notice of pendency referred to in Paragraph A above based on the RESPONDENTS' agreement to fully comply with each of the items listed on the City's Notice and Order to Repair,dated August 8,2002, ("REPAIR ORDER") no later than sixty (60) days from December 11, 2002. The REPAIR ORDER is attached hereto as Exhibit "A" and incorporated herein by reference. D. By February 9, 2003, RESPONDENTS failed to comply with the PRIOR AGREEMENT and on April 11,2003 the CITY OF REDLANDS filed a Motion for Leave to File Doe Amendments to First Amended Petition in Case No. SCVSS 095981 in order to enforce compliance with the REPAIR ORDER. E. On May 12, 2003, the Court entered the Order Granting Leave to File Doe Amendments against RESPONDENTS. F. It is the intention of the PARTIES to resolve and settle their disputes and to discharge all claims, demands, causes of action, obligations, damages, and liabilities both parties may have against the other that arise from or are related to Case No. SCVSS 095981. F. This AGREEMENT is a compromise of the claims and liabilities asserted by the PARTIES and shall not be treated as an admission of liability by any party. SACRANIENTOTOP:6539 Page 2 of 9 AGREEMENT OF PARTIES NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the PARTIES agree as follows: 1. The PARTIES acknowledge that the recitals are true and correct and incorporate by reference those recitals into this AGREEMENT. 2. RESPONDENTS shall pay CITY OF REDLANDS the aggregate sum of$5,000.00. Such sum shall be due and payable on or before twenty(20) days from the day of execution of this AGREEMENT. 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 55,000. RESPONDENTS agree to maintain the SUBJECT PROPERTY in compliance with the City's REPAIR ORDER. 4. RESPONDENTS 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. RESPONDENTS 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 S,NCRAMENTME01\6539 Page 3 of 9 a Home Owner's Association ("HOA") to maintain the common areas. 5. Upon the execution of this AGREEMENT, the CITY OF REDLANDS agrees to execute and file a Request for Dismissal, dismissing Case No. SCVSS 095981 in its entirety and without prejudice RESPONDENTS. CITY OF REDLANDS reserves the right to re-file this action against RESPONDENTS in the event the terms and conditions of this AGREEMENT are breached. 6. REMOVAL OF THE NOTICES: Upon the execution of this AGREEMENT,the CITY OF REDLANDS agrees to record a Release of the Notice of Pendency of Action relating to the Doe Amendments to First Amended Petition which the CITY OF REDLANDS anticipates recording against the SUBJECT PROPERTY with San Bernardino County Recorder. 7. The PARTIES shall bear their own attorneys' fees and costs incurred in connection with Case No. SCVSS 095981 and drafting and execution of this AGREEMENT. 8. RESPONDENTS on behalf of itself, its agents, representatives, attorneys, employees, servants, affiliates, stockholders, predecessors, successors and assigns, both past and present,and any person or entity acting by,through,under or in concert with each of them,do hereby release, and forever discharge the CITY OF REDLANDS and each of its, agents, representatives, partners, attorneys, employees, elected and non-elected officials, successors and assigns, both past and present, and any person or entity acting by, through, under or in concert with each of them, or SACRAMENTOT01,6539 Page 4 of 9 any of them, of and from any and all manner of action or actions, cause or causes of action, in law or equity, suits, debts, liens, contracts, agreements, promises, liabilities, claims, demands, obligations, rights, breaches of contract, breaches of duty of any relationship, acts, omissions, misfeasance, malfeasance, sums of money, compensation, accounts, contracts, controversies, promises, losses, damages, costs, attorneys' fees, expenses of any type, kind,nature,description, or character whatsoever,whether known or unknown,claimed or suspected,existing or contingent,and irrespective of how,why or by reason of what facts, or which the RESPONDENTS now have, ever had, ever claimed to have had, or that hereafter could, might or may be claimed against CITY OF REDLANDS arising out of Case No. SCVSS 095981. 9. LIQUIDATED DAMAGES: The PARTIES agree that in the event of a breach by RESPONDENTS, damages incurred by the CITY OF REDLANDS, as a result of such breach, would be difficult to calculate. Therefore, the PARTIES hereby agree that RESPONDENTS shall be liable to the CITY OF REDLANDS in the amount of$10,000.00,in the event RESPONDENTS breach this AGREEMENT. This provision is in addition to the CITY OF REDLANDS' ability to specifically enforce this AGREEMENT. 10. 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 REPAIR ORDER 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 SACakMLATOTO.N5539 Page 5 of 9 RESPONDENTS to appeal or contest the formation of a HOA. 11. The PARTIES expressly waive the rights afforded under Civil Code section 1542 which provides that: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. The PARTIES represent and warrant that they have received the advice of their attorney with respect to the advisability of making the release provided for herein, and the meaning of California Civil Code section 1542. 12. 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. 13. REPRESENTATION AND WARRANTIES: The PARTIES to this AGREEMENT, and each of them, warrant and represent to each other that they have not SACRAVIENTME0.1\6539 Page 6 of 9 transferred, assigned or hypothecated, or purported to transfer, assign or hypothecate, any of the claims being released hereunder. 14. 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 AGREEMENT shall nonetheless remain in full force and effect and be binding as to each and all of the parties. 15. 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. 16. 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. 17. 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 shall constitute one and the same instrument. SACRAMENTOEOT,6539 Page 7 of 9 18. 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 this AGREEMENT, then the prevailing party 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. 19. 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. 20. ADVICE OF COUNSEL: Each of the PARTIES to this AGREEMENT has had the opportunity to obtain the advice of legal counsel of their choice with respect to this AGREEMENT. 21. GOVERNING LAW: This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California. 22. AUTHORITY TO SIGN: All individuals sivning 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. SACRAMENTOTOP.6539 Page 8 of 9 UlUZLJ4WIU r WWWWW4 r-,21. OS-20-03 1Z:33pm Fratt-6011 g153ZSOIC T..096 P.028/on F-T20 IN WITNESS WHEREFORE, the PARTIES Itereto have executed or caused this AGREEDIENT te be executed by their duly authorized representatives. CITY'OE P-EDLANDS ' DATED: 2003. BY: Kati N.Haws,MaYor AITEST: "e Poyzer, riff ctic DATED:3:: 2003. Ra ESPON ENT Luis Coda II*11101•••••••••••MOM. S Cerda '- DATED: S" 2- D 2003. RESPONDENT Frances Cerda By: .4. A>s,e CP 42%. Frances Cerda 3ACiuktdarrOstOMS3a Page 9 of 9 /0,1-Ito T Received 05-21-03 03:i be Prem-909 790 0382 To-893K Page 004 JUN-10-2003 11:03 9163254010 99k P 3 126751- Street' SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement (hereinafter "AGREEMENT") is entered into by and between Petitioner the CITY OF REDLANDS and Respondent PATRICIA CERDA ("RESPONDENT")in connection with the settlement of San Bernardino Superior Court Case No. SCVSS 095981 ("Case No. SCVSS 095981"). The previously noted parties are sometimes referred to herein as the "PARTIES." This AGREEMENT supersedes the prior Code Enforcement Agreement between the PARTIES signed by the RESPONDENT on December 7,2002 and signed by the CITY OF REDLANDS on December 11, 2002 ("PRIOR AGREEMENT"). The PARTIES agree that the PRIOR AGREEMENT shall have no binding effect on the PARTIES, and that this AGREEMENT shall control the contractual relationship between the PARTIES as set forth herein. RECITALS A. On or about August 9, 2002, the CITY OF REDLANDS recorded a Notice of Pendency of Administrative Proceeding with the San Bernardino County Recorder regarding certain real property located at 1103 Post Street, Redlands, California 92374 (the "SUBJECT PROPERTY") as a result of its administrative action arising out of numerous violations of the Redlands Municipal Code existing on the SUBJECT PROPERTY. B. Subsequently, on or about October 21, 2002, the CITY OF REDLANDS filed a SAC RAMENTOTOP,6415 Page 1 of 9 Petition for Appointment of a Receiver and For Other Relief Pursuant to Health and Safety Code Section 17980.7("PETITION"),Case No. SCVSS 095981,regarding the SUBJECT PROPERTY and recorded a Notice of Pendency of Action for Case No. SCVSS 095981 with the San Bernardino County Recorder. C. On December 11, 2002, the RESPONDENT and the CITY OF REDLANDS executed the PRIOR AGREEMENT whereby the CITY OF REDLANDS released the notices of pendency referred to in Paragraphs A and B above based on the RESPONDENT's agreement to fully comply with each of the items listed on the City's Notice and Order to Repair, dated August 8, 2002, ("REPAIR ORDER") no later than sixty (60) days from December 11, 2002. The REPAIR ORDER is attached hereto as Exhibit "A" and incorporated herein by reference. The CITY OF REDLANDS also dismissed RESPONDENT from the PETITION based on the PRIOR AGREEMENT. D. By February 9, 2003, RESPONDENTS failed to comply with the PRIOR AGREEMENT and on April 11, 2003 the CITY OF REDLANDS filed a Motion for Leave to File Doe Amendments to First Amended Petition in order to enforce compliance with the REPAIR ORDER. E. On May 12, 2003, the Court entered the Order Granting Leave to File Doe Amendments against RESPONDENT. SACRA.MENTONEOP.6415 Page 2 of 9 F. It is the intention o f the PARTIES to resolve and settle their disputes and to discharge all claims, demands, causes of action, obligations, damages, and liabilities both parties may have against the other that arise from or are related to Case No. SCVSS 095981. F. This AGREEMENT is a compromise of the claims and liabilities asserted by the PARTIES and shall not be treated as an admission of liability by any party. AGREEMENT OF PARTIES NOW,THEREFORE, in consideration of the mutual covenants and conditions contained herein, the PARTIES agree as follows: 1. The PARTIES acknowledge that the recitals are true and correct and incorporate by reference those recitals into this AGREEMENT. 2. RESPONDENT shall pay CITY OF REDLANDS the aggregate sum of$5,000.00. Such sum shall be due and payable on or before twenty(20) days from the day of execution of this AGREEMENT. The payment of such sum shall be complete upon the presentation of a valid check made payable to CIII' OF REDLANDS in the amount of$5,000. 3. RESPONDENT agrees to maintain the SUBJECT PROPERTY in compliance with the City's REPAIR ORDER. SACRAMENTOTOA6415 Page 3 of 9 4. RESPONDENT further agrees 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. RESPONDENT is aware and understands that the actions, recommendations andlor 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. 5. Upon the execution of this AGREEMENT, the CITY OF REDLANDS agrees to execute and file a Request for Dismissal, dismissing Case No. SCVSS 095981 in its entirety and without prejudice RESPONDENT. CITY OF REDLANDS reserves the right to re-file this action against RESPONDENT in the event the terms and conditions of this AGREEMENT are breached. 6. REMOVAL OF THE NOTICES: Upon the execution of this AGREEMENT,the CITY OF REDLANDS agrees to record a Release of the Notice of Pendency of Action relating to the Doe Amendments to First Amended Petition which the CITY OF REDLANDS anticipates recording against the SUBJECT PROPERTY with San Bernardino County Recorder. 7. The PARTIES shall bear their own attorneys' fees and costs incurred in connection with Case No. SCVSS 095981 and drafting and execution of this AGREEMENT. SACRAMENTOTO.A6415 Page 4 of 9 8. RESPONDENT on behalf ,o f itself,its agents,representatives, attorneys,employees, servants, affiliates, stockholders, predecessors, successors and assigns, both past and present, and any person or entity acting by,through, under or in concert with each of them,do hereby release,and forever discharge the CITY OF REDLANDS and each of its, agents, representatives, partners, attorneys, employees, elected and non-elected officials, successors and assigns, both past and present, and any person or entity acting by, through, under or in concert with each of them, or any of them, of and from any and all manner of action or actions, cause or causes of action, in law or equity, suits,debts, liens,contracts, agreements,promises, liabilities,claims,demands,obligations, rights, breaches of contract, breaches of duty of any relationship, acts, omissions, misfeasance, malfeasance, sums of money, compensation, accounts, contracts, controversies, promises, losses, damages, costs, attorneys' fees, expenses of any type, kind, nature, description, or character whatsoever, whether known or unknown, claimed or suspected, existing or contingent, and irrespective of how, why or by reason of what facts, or which the RESPONDENT now has, ever had, ever claimed to have had, or that hereafter could, might or may be claimed against CITY OF REDLANDS arising out of Case No. SCVSS 095981. 9. LIQUIDATED DAMAGES: The PARTIES agree that in the event of a breach by RESPONDENT, damages incurred by the CITY OF REDLANDS, as a result of such breach, would be difficult to calculate. Therefore, the PARTIES hereby agree that RESPONDENT shall be liable to the CITY OF REDLANDS in the amount of S10,000.00, in the event RESPONDENT breaches this AGREEMENT. This provision is in addition to the CITY OF REDLANDS' ability to specifically enforce this AGREEMENT. SACRAMENTaT01;6415 Page 5 of 9 10. 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 REPAIR ORDER 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 RESPONDENT to appeal or contest the formation of a HOA. 11. The PARTIES expressly waive the rights afforded under Civil Code section 1542 which provides that: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. The PARTIES represent and warrant that they have received the advice o f their attorney with respect to the advisability of making the release provided for herein, and the meaning of California Civil Code section 1542. 12. 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, SACRAMENTOW0A6415 Page 6 of 9 and agree that this AGREEMENT shall be and remain effective in all respects notwithstanding such different or additional facts or the discovery thereof. 13. 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. 14. 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 AGREEMENT shall nonetheless remain in full force and effect and be binding as to each and all of the parties. 15. 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. 16. 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. SACRAMENTO:Eo116415 Page 7 of 9 17. 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 shall constitute one and the same instrument. 18. 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 this AGREEMENT, then the prevailing party 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 additionto any other relief awarded. 19. 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,teims,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. 20. ADVICE OF COUNSEL: Each of the PARTIES to this AGREEMENT has had the opportunity to obtain the advice of legal counsel of their choice with respect to this AGREEMENT. SACRAMENTOkE01\6415 Page 8 of 9 0104C74U1U I r..UUWUU r—714 05-14+03 08:47am From-08LX 8163254010 T-I05 P.010/017 F-533 21. GOVE:RNING LAW:This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California. 22 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 thic AGREEMENT to be executed by their duly authorized representatives. CITY OF REDLAINIDS DATED: June 17, ,2003. By: Karl N.Haws,Mayor ATTEST: (..) By: Louie Poyzer, DATED: -5-* ,2003. RESPONDENT Patricia Cerda /-t P v By: Lfz,tca Patricia Cerda SftCRAmENItMECV41•1/ Page 9 of 9 [i() Received 05-14-03 10:23am Fro -909 790 9382 T. :LK Page 002 JUN-10-203 11: 4 91972z1(711 cacv, /:,?& 7 _5 See SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement (hereinafter "AGREEMENT") is entered into by and between Petitioner the CITY OF REDLANDS and Respondents LUIS CERDA AND FRANCES CERDA ("RESPONDENTS") in connection with the settlement of San Bernardino Superior Court Case No. SCVSS 095981 ("Case No. SCVSS 095981"). The previously noted parties are sometimes referred to herein as the "PARTIES." This AGREEMENT supersedes the prior Code Enforcement Agreement between the PARTIES signed by the RESPONDENTS on December 11, 2002 and signed by the CITY OF REDLANDS on December 16, 2002 ("PRIOR AGREEMENT"). The PARTIES agree that the PRIOR AGREEMENT shall have no binding effect on the PARTIES, and that this AGREEMENT shall control the contractual relationship between the PARTIES as set forth herein. RECITALS A. On or about August 9, 2002, the CITY OF REDLANDS recorded a Notice of Pendency of Administrative Proceeding with the San Bernardino County Recorder regarding certain real property located at 1207 Post Street, Redlands, California 92374 (the "SUBJECT PROPERTY") as a result of its administrative action arising out of numerous violations of the Redlands Municipal Code existing on the SUBJECT PROPERTY. SACRANIENTO,E014538 Page 1 of 9 B. On December 11, 2002, the RESPONDENT and the CITY OF REDLANDS executed the PRIOR AGREEMENT whereby the CITY OF REDLANDS released the notice of pendency referred to in Paragraph A above based on the RESPONDENTS' agreement to fully comply with each of the items listed on the City's Notice and Order to Repair,dated August 8, 2002, ("REPAIR ORDER") no later than sixty (60) days from December 11, 2002. The REPAIR ORDER is attached hereto as Exhibit "A" and incorporated herein by reference. D. By February 9, 2003, RESPONDENTS failed to comply with the PRIOR AGREEMENT and on April 11,2003 the CITY OF REDLANDS filed a Motion for Leave to File Doe Amendments to First Amended Petition in Case No. SCVSS 095981 in order to enforce compliance with the REPAIR ORDER. E. On May 12, 2003, the Court entered the Order Granting Leave to File Doe Amendments against RESPONDENTS. F. It is the intention of the PARTIES to resolve and settle their disputes and to discharge all claims, demands, causes of action, obligations, damages, and liabilities both parties may have against the other that arise from or are related to Case No. SCVSS 095981. F. This AGREEMENT is a compromise of the claims and liabilities asserted by the PARTIES and shall not be treated as an admission of liability by any party. SACRAMENTO\E0116538 Page 2 of 9 AGREEMENT OF PARTIES NOW,THEREFORE, in consideration of the mutual covenants and conditions contained herein, the PARTIES agree as follows: 1. The PARTIES acknowledge that the recitals are true and correct and incorporate by reference those recitals into this AGREEMENT. 2. RESPONDENTS shall pay CITY OF REDLANDS the aggregate sum of$5,000.00. Such sum shall be due and payable on or before twenty(20) days from the day of execution of this AGREEMENT. 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$5,000. 3. RESPONDENTS agree to maintain the SUBJECT PROPERTY in compliance with the City's REPAIR ORDER. 4. RESPONDENTS 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. RESPONDENTS 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 SACRMIENTOTO.P.6538 Page 3 of 9 a Home Owner's Association ("HOA") to maintain the common areas. 5. Upon the execution of this AGREEMENT, the CITY OF REDLANDS agrees to execute and file a Request for Dismissal, dismissing Case No. SCVSS 095981 in its entirety and without prejudice RESPONDENTS. CITY OF REDLANDS reserves the right to re-file this action against RESPONDENTS in the event the terms and conditions of this AGREEMENT are breached. 6. REMOVAL OF THE NOTICES: Upon the execution of this AGREEMENT,the CITY OF REDLANDS agrees to record a Release of the Notice of Pendency of Action relating to the Doe Amendments to First Amended Petition which the CITY OF REDLANDS anticipates recording against the SUBJECT PROPERTY with San Bernardino County Recorder. 7. The PARTIES shall bear their own attorneys' fees and costs incurred in connection with Case No. SCVSS 095981 and drafting and execution of this AGREEMENT. 8. RESPONDENTS on behalf of itself, its agents, representatives, attorneys, employees, servants, affiliates, stockholders, predecessors, successors and assigns, both past and present,and any person or entity acting by,through, under or in concert with each of them,do hereby release, and forever discharge the CITY OF REDLANDS and each of its, agents, representatives, partners, attorneys, employees, elected and non-elected officials, successors and assigns, both past and present, and any person or entity acting by, through, under or in concert with each of them, or SACRAMENTOT01\6538 Page 4 of 9 any of them, of and from any and all manner of action or actions, cause or causes of action, in law or equity, suits, debts, liens, contracts, agreements, promises, liabilities, claims, demands, obligations, rights, breaches of contract, breaches of duty of any relationship, acts, omissions, misfeasance, malfeasance, sums of money, compensation, accounts, contracts, controversies, promises, losses, damages, costs, attorneys' fees, expenses of any type, kind,nature,description, or character whatsoever,whether known or unknown,claimed or suspected,existing or contingent,and irrespective of how, why or by reason of what facts, or which the RESPONDENTS now have, ever had, ever claimed to have had, or that hereafter could, might or may be claimed against CITY OF REDLANDS arising out of Case No. SCVSS 095981. 9. LIQUIDATED DAMAGES: The PARTIES agree that in the event of a breach by RESPONDENTS, damages incurred by the CITY OF REDLANDS, as a result of such breach, would be difficult to calculate. Therefore, the PARTIES hereby agree that RESPONDENTS shall be liable to the CITY OF REDLANDS in the amount of$10,000.00,in the event RESPONDENTS breach this AGREEMENT. This provision is in addition to the CITY OF REDLANDS' ability to specifically enforce this AGREEMENT. 10. 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 REPAIR ORDER 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 SACRAVIENT0101\6538 Page 5 of 9 RESPONDENTS to appeal or contest the formation of a HOA. 11. The PARTIES expressly waive the rights afforded under Civil Code section 1542 which provides that: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. The PARTIES represent and warrant that they have received the advice of their attorney with respect to the advisability of making the release provided for herein, and the meaning of California Civil Code section 1542. 12. 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 13. REPRESENTATION AND WARRANTIES: The PARTIES to this AGREEMENT, and each of them, warrant and represent to each other that they have not SACRANIENTOTOP6538 Page 6 of 9 transferred, assigned or hypothecated, or purported to transfer, assign or hypothecate, any of the claims being released hereunder. 14. 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 AGREEMENT shall nonetheless remain in full force and effect and be binding as to each and all of the parties. 15. 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. 16. 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. 17. 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 shall constitute one and the same instrument. S AC RAM ENTO‘EOP 6538 Page 7 of 9 18. 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 this AGREEMENT, then the prevailing party 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. 19. ENTIRE AGREEMENT:This AGREEMENT constitutes the entire agreement and understanding among the PARTIES concerning the subject matter of the AGREEMENT, and sup ercedes 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. 20. ADVICE OF COUNSEL: Each of the PARTIES to this AGREEMENT has had the opportunity to obtain the advice of legal counsel of their choice with respect to this AGREEMENT. 21. GOVERNING LAW: This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California. 22. 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. SACRAMENTOTOP.6538 Page 8 of 9 IN wrnvEss WHEREFORE., the PARTIES hereto have executed or caused this AGREEMENT to be executed by their duly authorized representatives. cay OF REMANDS DATED: June 17 2003. BY: Karl N.saws,Mayor ATTEST: By: `e Foy= DATED: D 0 2003. RESPONDENT Luis Cerda By: . * rea- - %xis Cerda DA LED: .5 2 0 2003. RESPONDENT Frances Cede By: 4 dr Frances Cerda SACWOWTOttOl4.7311 Page 9 of 9 ICP-05-1