Loading...
HomeMy WebLinkAboutAgreement A-24-059.pdf Agreement No. 24-059 SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement("Agreement")is entered into by and between the City of Reedley ("City"), the County of Fresno ("County")and AY-NC, LP ("Property Owner") to resolve all claims, issues, and disputes related to abatement costs incurred by the City and County on the property located at 850 "1" Street, Reedley, CA 93654 ("`Subject Property") as set forth in an Invoice for Abatement and Code Enforcement Costs ("Invoice"), dated October 13, 2023. The City,County and Property Owner are sometimes hereinafter referred to individually as the"Party"and collectively as the"Parties." RECITALS A. Following certain abatement actions carried out by the City and County on the Subject Property, the City served the Property Owner with an Invoice on October 13, 2023. The amount of the City's and County's code enforcement and abatement costs in the Invoice totaled $310,524.01. B. The City's total code enforcement and abatement costs are S l 60,575.61. C. The County's total code enforcement and abatement costs are$149,948.40. D. On October 27,2023, the Property Owner timely filed a request with the City for administrative review of the invoiced costs. On November 13,2023, the City served the Property Owner with a Notice of Administrative Hearing to Review Costs, to be heard before an administrative hearing officer on January 17 and 18,2024. E. On December 1,2023,the City recorded a Notice of Pending Administrative Action in the County of Fresno against the Subject Property pursuant to Government Code section 38773.5,subdivision(e)and Health& Safety Code section 17985. (Doc.No. 2023-0110460.) F. The Parties,through their respective counsel have engaged in good faith settlement negotiations, and as a result a settlement has been reached between and among the Parties. G. The Parties desire to compromise and settle all actual and potential issues and/or claims arising from or connected with the aforementioned abatement and enforcement costs owed to the City and County. This Agreement is being entered into to resolve all disputed issues and/or claims related to recovery of those abatement and enforcement costs, and to avoid the costs and burden associated with any further administrative proceedings to confirm the City and County's costs against the Subject Property. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: AGREEMENT I. Recitals.The recitals set forth above are true and are hereby incorporated into this Agreement. 2. Terms and Conditions. The Parties agree as follows: A. City and County's Reduction of the Invoice Amount. The City and County agree to reduce the total amount of the Invoice from $310,524.01 by $50,000.01,to a new total amount due of$260,524.00. B. Property Owner's Payment to the City and County. i. Payment to City. Within thirty (30) calendar days following the execution of this Agreement by all Parties,the Property Owner shall pay to the City the sum of One Hundred Thirty-Five Thousand Five Hundred Seventy-Five dollars and Sixty Cents ($135,575.60), payable to "CITY OF REEDLEY." Payment shall be made via cashier's check or money order mailed to the City's Finance Department 845 G. Street, 2 Reedley, Ca. 93654. ii. Payment to County. Within thirty (30) calendar days following the execution of this Agreement by all Parties,the Property Owner shall pay to the County the sum of One Hundred Twenty-Four Thousand Nine Hundred Forty-Eight dollars and Forty Cents ($124,948.40), payable to "COUNTY OF FRESNO" via cashier's check or money order mailed to the City as described above.City will hand-deliver to County. C. Stipulation of Dismissal of Administrative Review of Invoice. The City and County will no longer pursue cost recovery of the Invoice amount and will cause any pending hearings to be canceled and dismissed with prejudice as to the Property Owner, provided payments in Paragraph 2(B)are timely made. The Parties agree and understand that a consequence of executing this Agreement, Property Owner waives its request for Administrative Review of Costs, and waives any right to challenge the code enforcement and abatement actions or the Invoice amount in any forum, including but not limited to, any court of law. Property Owner further understands and agrees that if the payments specified in Paragraph 2(B)above are not timely made,the City and County will record liens on the Subject Property for the full amounts of the abatement and recover costs owed to them, which are set forth in Recitals B and C above,plus accrued interest at the applicable legal rate. D. Release of the City's Notice of Pending Administrative Action. Upon the Property Owner's timely payment of the sums listed in Paragraph 2(B) described above,the City shall release its Notice of Pending Administrative Action that is currently recorded in the County of Fresno against the Subject Property. 3. General Release. Except for the obligations of the Parties set forth in this Agreement, the Parties on behalf of themselves, and their officials, directors, officers, members, 3 Agreement, the Parties on behalf of themselves, and their officials, directors, officers, members, managers, trustees, agents, administrators, successors, and assigns, representatives, insurers,and attorneys,and each of them acknowledge the terms of this Settlement. Except for the obligations set forth herein, the City and County agree to release, acquit, and forever discharge the Property Owner and its owners, officers, members, managers, directors, employees, attorneys, agents, representatives, of and from any manner of code enforcement or abatement costs, expenses, attorneys' fees, damages, debts, demands, or obligations of whatever type or nature, legal or equitable that now exists relating to, or arising out of the Invoice. Notwithstanding the foregoing, this release shall not include any claims and/or action to enforce the terms or and/or recover damages for a breach of this Agreement. 4. Release of Unknown Claims. The Parties expressly acknowledge that this release is intended to include in its effect,without limitation,all claims and causes of action which it does not know or suspect to exist in its favor that arise out of the Invoice,and this release contemplates the extinguishment of all such claims and causes of action,to the maximum extent allowed by law. The Parties further expressly waive the provisions of California Civil Code section 1542, which reads as follows: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party- The Parties specifically waive any and all rights and benefits under Civil Code section 1542, or any similar provision,as they apply to the Invoice and acknowledge that the settlement which is the subject of this Agreement would not be made without such a waiver. <j 5. No Admission of Liability. Other than what is described above in the Recitals,this Agreement does not constitute, nor shall it be construed as, an admission of any unlawful or wrongful acts,or of liability, by any Party for any purpose. 6. Understanding of Agreement.The Parties represent and agree they fully understand and have exercised their rights to discuss all aspects of this Agreement with their respective attorneys. To the extent they desire to avail themselves of this right,they have done so, and they represent they have carefully read and fully understand all of the provisions of this Agreement, and they are knowingly and voluntarily entering into this Agreement. Furthermore, any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply to any interpretation of this Agreement. 7. No Other Representations.The Parties represent and acknowledge that in executing this Agreement, they do not rely and have not relied upon any representation or statement not set forth in this Agreement. 8. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the Parties with respect to the subject matter herein. There are no oral understandings,terms, or conditions, and no Party has relied upon any representation,express or implied, not contained in this Agreement. 9. Governing,Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 10. Binding Effect. This Agreement is for the benefit of and shall be binding on all Parties and their respective successors. 11. Amendments. Any modification of this Agreement must be in writing and signed by the Parties. No oral modifications shall be effective to vary or alter the terms of this Agreement. 5 r 12. Severability. If any provision of this Agreement is held to be void, voidable or unenforceable,the remaining portions of the Agreement shall remain in full force and effect. 13. Interpretation. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning,and not strictly for or against either Party. 14. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy, or an original, with all signatures appended together shall be deemed a fully executed Agreement. Signatures transmitted by facsimile or electronic transmission shall be deemed original signatures. An electronic signature by either Party shall be deemed sufficient. IN WITNESS WHEREOF, the Parties hereto have executed the Agreement as dated below. IT IS SO AGREED: IT IS SO AGREED: AY-NC, LP CITY OF REEDLEY yV 1 rr; Connie Shui Pong eung Nicole Zieba General Partner, AY-NC, LP City Manager Dated: December It 2023 Dated: December g,2023 IT IS SO AGREED: COUNTY OF FRESNO Dated: Decam-be.;-��. 19101036WA14856.3784-3605 v 2.docx V a3/ 6