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HomeMy WebLinkAboutContract 1563 ORIGINAL 5-63 CIVIL COMPROMISE THIS CIVIL COMPROMISE (the "Agreement") is entered into as of June 17, 2013 (the "Effective Date"), by and among the CITY OF CATHEDRAL CITY, a municipal corporation, ("City,") and Noemi Davila, an individual ("Defendant"). City and Defendant are collectively referred to as the "Parties" with respect to the following: RECITALS WHEREAS, Defendant is the owner of that certain real property located at 68470 Round Up Road, 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 1203704, with violations of the State Housing Law 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 action pursuant to the terms 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, or within ninety days thereafter, the Property has been or will be brought into complete compliance with the Cathedral City Municipal Code with respect to the following items. Defendant further warrants and represents that said compliance shall continue and be maintained at all times thereafter. • All trash, junk, and debris, including but not limited to the remnants of the debris from the removed driveway, has been, and shall continue to be, removed from public view and/or the view from all neighboring properties. • Landscaping and ground cover has been installed and shall be maintained in the front and all side yards in public view. Civil Compromise Page 1 0 0 • All operations at the Property of a church have been discontinued and shall not be resumed without a Conditional Use Permit. • The garage and Unit B has been returned to, and shall be maintained in, the original condition. Specifically, the garage has been re-converted to a garage and the rear studio apartment has been converted back into Unit B as originally constructed. The Cathedral City Building and Safety Division has approved all construction work related to this item, and issued permits confirming compliance. • The illegal patio cover has been removed. • The hot water heater in Unit A has been repaired. • Neither Unit A nor Unit B shall be offered for rent until Defendant has applied for and obtained a City-issued business license for the operation of an apartment building and all applicable fees have been paid. • No tenants shall be permitted to occupy any unit that does not fully comply with all provisions of State Housing Law, including, but not limited to, the requirement that all dwelling units have hot and cold running water. This provision must be complied with so long as any tenant is living in any particular unit, regardless of the tenant's status. • All plastic windows have been replaced with glass windows. 1.2 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. 1.3 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 and State Housing Law. 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. 1.4 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. INM1203704 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). Civil Compromise Page 2 1.5 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. 1.6 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 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. Civil Compromise Page 3 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. CITY OF CATHEDRAL CITY NOEMI DAVILA �' - /0M 4 ©� �� 13 By: - !fir' A ' = , Ci► r- anager Defendant ■ 0 ATT- APPROVED AS TO FORM: By: LA-%p- ( .� By: 5 27 2013 CO - '111.-"r= , City Clerk Ami Nguy , Esq. Jos = , Attorney for Defendant APPROVED AS TO FORM: By: oni Eggebraaten, Esq. Special Counsel for Cathedral City Civil Compromise Page 4