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HomeMy WebLinkAboutContract 1585 CIVIL COMPROMISE Dtcet,.ci3t•r2- `I,ac(3 THIS CIVIL COMPROMISE (the "Agreement") is entered into as of-4121y 1$, 2613 (the "Effective Date"), by and among the CITY OF CATHEDRAL CITY, a municipal corporation, ("City,") and JULIETA TAPIA ROCHA, 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 30410 San Joaquin 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 1200744 (CC162951JR, 100969JR and 100966JR), 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 abandoned possession of the Property and will no longer be in a position to correct the violations. 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, she no longer has the right to possession of the Property. 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 Reserved. Civil Compromise Page 1 1.4 If Defendant is ever restored to possession of the Property, the Property shall be brought into full compliance with all applicable laws and regulations, including, but not limited to, the Cathedral City Municipal Code, within 180 days. 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 1204827 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 Civil Compromise Page 2 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. 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 3 • CITY OF CATHEDRAL CIT JULIETA9 ROCHA By: ' . - - - -r Defendant er(e-L�j cJood, ATTEST: APPROVED AS TO FORM: By:411114Li (24,,waA r4°r1.1k - Ci' Cler -II jek)N/1=t,z / Thf4:TD Howes-t( Att• ney for Defendant APPROVED AS TO FORM: By: Toni ggebraaten, Esq. Special Counsel for Cathedral City Civil Compromise Page 4