HomeMy WebLinkAboutContracts & Agreements_46-2003_CCv0001.pdf SETTLEMENT AND RELEASE AGREEMENT
This Settlement and Release Agreement(hereinafter"AGREEIVIENT")is entered into on
February 20, 2003 by and between the CITY OF REDLANDS, DANIEL P. ROBERTS
("BUYEr),and KURT TIEDT("TIEDT"). The previously noted parties are sometimes referred
to herein as the"PARTIES.",
WHEREAS,on or about August 9,2002,the CITY OF RE[)LANDS recorded a Notice of
Pendency of Administrative Proceeding with the San Bernardino County Recorder regarding certain
real Property located at 521 Courier Avenue, Redlands, California 92374 (the "SUBJECT
PROPEYCfY)as a result of numerous violations of the Redlands Municipal Code existing on the
SUBJEC'j,PROPERTY;
W1 fEREAS,on or about December 18,2002,the CITY OF REDLANDS recorded a Notice
of Pendenk:-,,r of Action for Case No. SCVSS 095981 vith the San Bernardino County Recorder
regarding the SUBJECT PROPERTY,-
WHEREAS, BUYER and TIEDT request that the CITY OF REDLANDS release the
Notice off Cndencyof Administrative Proceeding and Notice ofRelease ofPendencyofAction from
title to the SUBJECT PROPERTY,so that BUYER can close escrow and purchasetheSUBXECT
PROPERTY free and clear of all liens and encumbrances;
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N' w,THEREFORE,in consideration Of the mutual covenants and conditions contained
herein,the parties agree as follows:
AGREEMENT OF PARTIES
I BUYER shall pay the CITY OF REDLANDS the�Iggregate sum of$5,000. 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$5,000.
Funds to be deposited in escrow within one (1) day after full execution of this AGREEMENT.
Funds to I:)--refunded to BUYER if purchase is unsuccessful_
2. BUYER agrees 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, ("REPAIR ORDER")no later than sixty(60)
days from the date of this AGREEMENT. The REPAIR ORDER is attached hereto as Exhibit
"A"and incorporated herein by reference,
3. TIEDT agrees to repair, or cause to be repaired, each of the items listed on the
REPAIR ORDER in the event the BUYER fails to comply with paragraph 2, above.
4. BUYER and TIEDT fizther 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 defmed in Final Tract Map Nos. 10141 and 10142, and the
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conditions of approval required by the CITY OF REDLANDS for such maps. BUYER and
TIEDT 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.
5. 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 BUYER;and(2)the close of escrow for the purchase of the SUBJECT PROPERTY by the
BUYER, 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.
6. LIQUIDATED DAMAGES: The PARTIES agree that in the event of a breach by
13UYER or TIEDT, damages incurred by the CITY OF REDLANDS, as a result of such breach,
would be dit-ficult to calculate. Therefore, the PARTIES hereby agree that BUYER and TIEDT
shall be jointly and severally liable to the CITY OF REDLANDS in the amount of$10,000.00,in
the event BUYER and/or TIEDT breach this AGREEMENT. This provision is in addition to the
CITY OF ftEDLANDS, ability to specifically enforce this AGREEMENT.
7. 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
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Order attached hereto as Exhibit"A7 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 BUYER or TIEDT to appeal the formation of a HOA.
8. 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.
9. 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.
10. 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 parry 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_
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11. 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.
12. 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 BUYER
closes escrow on the SUBJECT PROPERTY.
13. COUNTERPARTS: This Releasc may be executed in one or more counterparts,
(including via original or electronic facsimile or telecopier transmiss ion,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.
14. 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
other relief awarded.
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15. ENTIRE AGRF-EMENT-. 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.
16- 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_
17. 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.
18- AUTHORITY TO SIGN: All individuals signing below on behalf of any entity
hereby wan-ant 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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rN WIfiNF–SS WjjXJRJCF0TM, the Fees hcrctn have CX0Cti"d or caused tbis
.AGREEMENT'to be executed by chcir duly aurhoziaed rePr"c=d "vcs.
CITY' OF REDL AN
DATED: March 18 2003- B''
K3rr1'N_ Haws, Mater
A2T'�ST:
L..�'r'ie PUyccr° t
By: �w —
Danie2 P. Roberts
2003.
Tay= - -►� �t—.
Kurt'riiedt
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