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HomeMy WebLinkAboutContract 1586 CIVIL COMPROMISE THIS CIVIL COMPROMISE (the "Agreement") is entered into as of 24ti 23 , 2013 (the "Effective Date"), by and among the CITY OF CATHEDRAL C Y, a municipal corporation, ("City"), and CHARLENE SUMPTER, 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 38119 Bel Air 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 1203145, 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. 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 represents and warrants that she has brought the Property into complete compliance with the Cathedral City Municipal Code. 1.2 Defendant shall 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 from the execution of this Agreement. 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. Civil Compromise Page 1 Jan 23,2014 2:45 PM 1.3 Reserved. 1.4 The City Prosecutor shall 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. 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 2 Jan 23,2014 2:45 PM 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 ATHEDRA CITY C LENS SUMPTE B A 14s R Defendant Interim City Manager Cl o n o ATTES I_ APPROVE AS TO FORM: • ��, -�o _ i—�.�I�� ur By: a�I . Howe I, ty Clerk Ami Nguye Deputy Public Defender Attorney for Defendant APPROVED AS TO FORM: By: oni Eggebraaten, Esq. Deputy City Prosecutor Civil Compromise Page 3 Jan 23,2014 2:45 PM