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Home My WebLink AboutContract 1544 C i ,--IA q ORIGINAL CIVIL COMPROMISE THIS CIVIL COMPROMISE (the "Agreement") is entered into as of February 7, 2013 (the "Effective Date"), by and among the CITY OF CATHEDRAL CITY, a municipal corporation, ("City"), and JESSICA GLADISCARLA °ERTEL, 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 person in control of that certain real property located at 32150 Aurora Vista, 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. !NM 1207231, with violations of 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, the Property has been brought into complete compliance with the Cathedral City Municipal Code. Specifically, Defendant has caused the following to be completed and warrants that said compliance shall continue and be maintained at all times after the Effective Date: • All mold has been removed throughout the Property; • All water damage to affected floor boards, bearing walls, and drywall at the interior and exterior of the laundry room has been repaired; • The missing breaker to the breaker box in Unit A has been replaced; Civil Compromise Page 1 • The ceiling fan in the master bedroom of Unit A has been reinstalled or other action taken to remove the hanging wires in that location in a safe and legal manner; • The hard wire smoke detector to the hallway in Unit A has been replaced; • The bathroom window in Unit A has been repaired so that it properly locks and secures; • The shower safety handle in Unit A has been replaced; • The kitchen tiles in Unit A have been repaired so they are no longer moving up and lie flat; • The broken window in Unit C has been replaced; • The bathtub safety handle in Unit C has been replaced; • The electrical outlet in the living room of Unit C has been repaired and is in working order; • The dead palm tree in the front yard has been removed; • The dead and dry plant matter has been removed from all palm trees on the Property; • The letter"D" has been removed from the fence on the Property; • The third bedroom in Unit A has been reopened and shall not be rented out as a separate unit; and • Electrical and gas service to the Property has been reestablished and shall be maintained at all times while the Property is occupied. The Property shall not be occupied without electrical and gas service. 1.2 Defendant is required to continue to maintain the Property in full compliance with 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 related 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. Civil Compromise Page 2 1.3 The City may enforce any provision of this Agreement, without limitation, by filing a regular noticed motion under Riverside County Superior Court Case No. INM 1207231 at any time, regardless of whether the case has already been dismissed or not. AU briefing with respect to such motions shall be pursuant to Code of Civil Procedure section 1005(b). 1.4 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. 1.5 Reserved. 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 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. Civil Compromise Page 3 SECTION 5. NOTICE Any notice or communication required hereunder shall be in writing, and shall be given by both regular United States Mail ruLl by certified mail, return-receipt requested. Notice or communications shall be deemed to have been given on the date of mailing. Any party hereto may at any time, upon written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their respective addresses set forth below, unless another address is provided for any particular party in writing: To City: Donna Ybarra, Code Compliance Officer City of Cathedral City Code Compliance Division 68-700 Avenida Lalo Guerrero Cathedral City, California 92234 To City's Counsel: Toni Eggebraaten, Deputy City Prosecutor 77564 Country Club Drive, #191 Indio, CA 92201 To Defendant: Jessica Gladiscarla Oertel 2015 E. Paseo Gracia Palm Springs, California 92262 SECTION 6. 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 7. 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 8. 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 9. EFFECTIVE DATE This Agreement shall become effective only upon its execution by each of the persons and entities set forth below. Civil Compromise Page 4 SECTION 10. 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 C TH-ORAL CITY JESSICA GLADISCARLA OERTEL tjet 4014 By: Andy H-I City Manager `ivendant ATTE By: Pat Hammers, City Clerk APPROV AS TO FORM: By: °Toni Eggebraaten, Esq. Deputy City Prosecutor eAr llt j,s regrzt-�' (.4 7 LS �t�- 4L7 Inc Avb s"" —�' �`i ! 147 'ft�N��" S f -( t..r, Ll E,4. y .SOS o a 4-- c 'M(Compromise U {/rt1 `lZ 8 Page 5