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.
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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.
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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:
•
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-�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
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