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HomeMy WebLinkAboutContracts & Agreements_65-2003_CCv0001.pdf _/j SETTLE NIENT AND RELEASE AGREEiMENT Agreement Settlement and Release I greement(hereinafter"AGREEMENT") is entered into on April 15, 2003,by and between Petitioner the CITY OF REDLANDS and Respondent CHRISTA A.THOMPSON-SCOTT("RESPONDENT")in connection with the settlement ofSan Bernardino Superior Court Case No. SCVSS 095981 ("Case No. SCVSS 095981"). The previously noted parties are sometimes referred to herein as the "PARTIES." 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 1. real property located at 1116 Oxford Drive, 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 December 18, 2002, the CITY OF REDLANDS filed a First Amended Petition for Appointment of a Receiver and For Other Relief Pursuant to Health and Safety Code Section I7980,?,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 Countv Recorder. SACRAMENT9,EOP-4594 Page 1 of 8 C. 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. D. 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 the CITY OF REDLANDS the aggregate sum of$3,000. Such sum shall be due and payable on or before thirty{30) 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 53,000. 1 RESPONDENT aarces to maintain the SUBJECT PROPERTY in compliance with In the City's Notice and Order to Repair, dated August 8, 2002. The Notice and Order to Repair is SACRAMENTCYTOP4594 Page 2 of 8 attached hereto as Exhibit -A" and incorporated herein by reference. 4. RESPONDENT 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 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. 5. Upon the execution of this AGREEITNIENT, 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. 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 Administrative Proceeding, and a Release of the Notice of Pendency of Action with regard to the SUBJECT PROPERTY. 7. The PARTIES shall bear their own attorneys' fees and costs incurred in connection with Case No. SCVSS 095981 and drafting and executing this AGREEMENT. SACRAMENTOTOP4594 Page 3 of 8 tl 8. RESPONDENT on behalf of itself,its agents,representatives,attorneys,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$10,000.00,in the event RESPONDENT breaches this AGREEMENT. This provision is in addition to the CITY OF REDLANDS'ability to specifically enforce this AGREEMENT. SACRAMENTOTOJI,4594 Page 4 of 8 10. WAIVER OF APPEAL: The PARTIES acknowledge that,by agreeing to the terms and conditions of this AGREENMENT' anv and all rights thevmav have to challenge orappeal any proceeding or order of the CITY OF REDLANDS with regard to the items listed in the City's Notice and Order to Repair, dated August 8, 2002, ("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. The REPAIR ORDER is attached hereto as Exhibit "A" and incorporated herein by reference. 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 ft. 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. SACRAMENTOTOP4594 Page of 8 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 transferred, assigned or hypothecated, or purported to transfer, assign or hypothecate, any of the claims being released hereunder. I- 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. Z: SACRANIENTOTOP4594 Page 6 of 8 I 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. 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 abreach of this AGREEMENT,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 SAC RAM ENTUTOP,4594 Page 7 of 8 the opportunity to obtain the advice of legal counsel of their choice with respect to this AGREEMENT. ?J. 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. IN WITNESS WHEREFORE, the PARTIES hereto have executed or caused this AGREEMENT to be executed by their duly authorized representatives. CITY OF REDLANDS DATED: April,.......15 2003. By: Karl N. Haws,11,layor ATTEST: By: L8rrie Poyze , i Jerk DATED: 12003. RESPONDENT Christa A. Thompson-Scott By: Her: SACRAS4ENTU,E0J'4594 Page 8 of 8