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HomeMy WebLinkAboutContract 1564 ORIGINAL arrsy CIVIL COMPROMISE THIS CIVIL COMPROMISE (the "Agreement") is entered into as of July 18, 2013 (the "Effective Date"), by and among the CITY OF CATHEDRAL CITY, a municipal corporation, ("City,") and SHANNON SUMBALEN, an individual ("Defendant"). City and Defendant are collectively referred to as the "Parties" with respect to the following: RECITALS WHEREAS, Defendant is the owner and/or exercise(s)(d) control of that certain real property located at 38150 Chris Drive, Cathedral City, California, 92234 ("Property"); and WHEREAS, Defendant has been charged by the People of the State of California, in Riverside County Superior Court Case No. INM 1203508, with violations of the Cathedral City Municipal Code pertaining to the maintenance of the Property; and WHEREAS, City believes that it is in its best interest and in the best interests of members of the public to settle the subject criminal action pending against Defendant pursuant to the terms of this Agreement; and WHEREAS, Defendant believes that it is in her best interest to settle the subject criminal actions pursuant to the terms of this Agreement; and WHEREAS, Defendant has corrected most violations, and will complete the final exterior work, such as painting, as funds become available, but in no event more than ninety days from the Effective Date of this Agreement. NOW THEREFORE, in consideration of the mutual promises and releases contained herein, and for other good and valuable consideration, receipt of which is hereby acknowledged, the Parties agree as follows: AGREEMENT SECTION 1. SPECIFIC TERMS 1.1 Defendant warrants and represents that, as of the Effective Date, the Property has been brought into complete compliance with the Cathedral City Municipal Code with respect to the following items that Defendant has caused to be completed. Defendant further warrants and represents that said compliance shall continue and be maintained at all times after the Effective Date: • Acceptable landscaping has been installed and shall be maintained on all visible front and side yards of the Property in compliance with Cathedral City Municipal Code section 13.80.030. Civil Compromise Page 1 Municipal Code section 13.80.030. • All non-operative vehicles have and shall continue to be stored in such a manner that they are not visible to public view. • All garbage containers have been, and shall continue to be, removed from public view on days other than scheduled waste collection days. • All trash, junk, and debris has been, and shall continue to be, removed from the public view or the view of any neighboring properties. • New window coverings have been installed which are not unsightly and do not substantially depreciate from neighboring property values, and shall be maintained in good condition. Sheets are not acceptable and have not and will not be used. • Stucco cracks and broken wooden tiles on the exterior of the house at the Property have been repaired and shall be maintained in good condition. • The exterior of the Property and structure which is visible from public view has been placed in such a manner as to appear neat and clean, and shall be maintained in that manner. • All buildings including but not limited to accessory structures, fencing, and sheds have been repaired and shall be maintained in a condition free of loose roofing and siding material, peeling paint or faded stains, broken or cracked windows, or any unsafe structural element or other items which would degrade the appearance and/or safety of the structure. • All broken window and plastic windows have been replaced with required glass windows and shall be maintained in good condition. • Screens to all windows have been installed and shall be maintained in good condition. • The front screen door has been replaced and will be maintained in good condition. 1.2 Defendant shall complete the painting of the exterior within the next ninety days. 1.3 In reliance on Defendant's representations and warranties herein, the City Prosecutor shall forthwith request a dismissal of the criminal case against the defendant pursuant to Penal Code section 1378. Civil Compromise Page 2 1.4 Defendant is required to continue to maintain the Property in full compliance with the all applicable laws and regulations, including, but not limited to, the Cathedral City Municipal Code. Failure to do so shall entitle the City to either a civil injunction ordering Defendant to bring the property into full compliance and/or an abatement warrant allowing the City to enter the property to abate all violations. This provision shall be valid for three (3) years. Should Defendant violate this section of this Agreement, Defendant shall be required to pay the City for all enforcement and abatement costs, including but not limited to administrative costs such as attorney's fees, subject to the right to administrative and civil appeal of the amount of such costs. 1.5 The City may also enforce any provision of this Agreement, without limitation, by filing a regular noticed motion under Riverside County Superior Court Case No. INM 1203508 at any time, regardless of whether the case has already been dismissed or not. All briefing with respect to such motions shall be pursuant to Code of Civil Procedure section 1005(b). 1.6 Defendant expressly understands that the City intends to seek recovery of all code compliance and administrative fees, including but not limited to attorney's fees, to which it is entitled pursuant to Cathedral City Municipal Code Title 13. The City's claim for such amounts are not resolved via this Agreement, and Defendant shall be entitled to challenge the amount of any such fees claimed by the City administratively and/or civilly pursuant to the provisions of Cathedral City Municipal Code Title 13 and all other applicable law. 1.7 The Superior Court shall retain jurisdiction to enforce this Agreement pursuant to Code of Civil Procedure Section 664.6. SECTION 2. MODIFICATIONS Neither this Agreement, nor any term or provision thereof, may be waived, modified, or amended except by written agreement signed by all Parties. SECTION 3. JOINTLY DRAFTED It is agreed to by and between the Parties that this Agreement was jointly negotiated and jointly drafted by the Parties, and that it shall not be interpreted or construed in favor or against either party on the ground that said party drafted the Agreement. The language of this Agreement shall be construed as a whole according to its fair and logical meaning and not strictly for or against any of the Parties. SECTION 4. RIGHT TO SEEK INDEPENDENT LEGAL COUNSEL Each Party acknowledges that it has had the right to retain independent legal counsel of its own choice throughout all of the negotiations which preceded the execution of this Agreement, and that each Party has executed this Agreement Civil Compromise Page 3 . , 1. . voluntarily and with a full understanding of each and every term of the Agreement whether or not with the consent and on the advice of such independent legal counsel. SECTION 5. SEVERABILITY If any part of this Agreement is said to be unlawful or not effective, the remainder of this Agreement shall remain in full force and effect. SECTION 6. COUNTERPARTS This Agreement may be executed in one or more identical counterparts, each of which shall be deemed to be an original hereof. Signatures via facsimile or otherwise transmitted electronically are authorized and shall be deemed original signatures. SECTION 7. WAIVER A waiver of any provision of this Agreement by any of the Parties shall not be deemed a waiver of such provision either before or thereafter and shall not be deemed a waiver of any other provision of this Agreement. SECTION 8. EFFECTIVE DATE This Agreement shall become effective only upon its execution by each of the persons and entities set forth below. SECTION 9. TIME IS OF THE ESSENCE Time is of the essence with respect to any act or performance under this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective the day and year first written above. Civil Compromise Page 4 t CITY OF CATHEDRAL CITY SHANNON SUMBALEN By: / -in-1-er r. • - : . , Ci '�.nager Defendant i e r i c. "1. - O o P A ST: APPROVED AS TO FORM: By: i By: eAr 71-4/70,,,e/7 v °;'-.•'- -, City Clerk / Alex Hallo ell �� / •- �� 614-2.0- Attorney for Defendant APPROVED AS TO FORM: i Ii By: A . 'oni ggebraaten, Esq. Special Counsel for Cathedral City Civil Compromise Page 5