Tadros & Elaine Tadros / Settlement Agreement 16SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release (hereinafter the "Agreement") is entered by and
between the CITY OF LA QUINTA, a California municipal corporation ("City") and TADROS
TADROS and ELAINE TADROS (collectively, "Property Owners"), and is binding and
effective as of the Effective Date (defined below). The City and Property Owners are referred to
jointly hereinafter individually as a "Party" and collectively as the "Parties." The Parties enter
into this Agreement with reference to the following:
RECITALS
A. The Property Owners own residential real property located at 78-170 Calle Cadiz,
La Quinta, CA 92253 (the "Property").
B. On or about September 17, 2014, the Property Owners filed a claim with the City
for flooding on their Property, CW File No. 1893996 (the "Claim"). The Property Owners claim
that the City was responsible for the flooding of the Property. The City denied the Claim.
C. By this Agreement, the City and Property Owners intend and desire to avoid the
expense and uncertainty of any litigation relating to the drainage of water on the Property's
driveway and to settle the Claim and any other claims arising from the past or potential future
flooding of the Property, as more specifically set forth herein.
AGREEMENT
NOW THEREFORE, in consideration of the Recitals above, which are a substantive part
of this Agreement and incorporated by this reference, and the mutual covenants set forth herein,
the Parties agree as follows:
1. Obligation of the City.
Settlement Payment. Within seven (7) business days after execution of agreement, City
shall pay a total of $49,100.00 ("Settlement Amount") to Property Owners by a check made
payable to " Tadros and Elaine Tadros " and available for pick up at City by Tadros Tadros or
Elaine Tadros. This sum constitutes payment in full for any and all claims by the Property
Owners arising out of the flooding of the Property, the condition of the drainage in the vicinity of
the Property which they alleged caused or contributed to the flooding, and the condition and
operation of any and all of the City's storm drain system in the vicinity of the Property.
2. Obligation of Property Owners.
Withdrawal of Claim. In exchange for the Settlement Amount and recording of the Real
Property Covenant, the Property Owners withdraw their Claim. In addition, the Property Owners
agree that, except as necessary for handling their personal finances or as may be required by law,
the Property Owners will not disclose the terms of this Agreement to any third parties without
the City's written consent to such disclosure.
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3. No Admission of Fault.
This Agreement is intended to be and is a compromise between the Parties. Nothing in
this Agreement shall be interpreted, used, or construed as an admission of fault or wrongful
conduct of any kind by any of the Parties.
4. Release.
a. Full and General Release. In consideration for the agreements as set forth
herein, the Property Owners, on behalf of themselves and their heirs, successors, assigns,
insurers, lenders, lien holders, attorneys, agents, and other representatives do hereby release the
City and the City's boards, commissions, departments, mayor, council members, managers,
employees, attorneys, insurance companies, agents, and other representatives, from the Claim
and any and all claims, actions and causes of action, obligations, liabilities, indebtedness,
breaches of duty, claims for injunctive and other equitable relief, suits, liens, losses, costs or
expenses, including attorney's fees, of any nature whatsoever, known or unknown, fixed or
contingent, including but not limited to inverse condemnation, arising out of, based upon or
relating to any flooding of the Property by water or other liquid flowing on, over, under, or
across the Property's driveway and adjacent areas thereto, including but not limited to any water
run-off onto the driveway from Calle Cadiz, that has occurred before, or occurs during or after,
the execution of this Agreement (the "Release").
b. Waiver of Civil Code Section 1542: By releasing and forever discharging
claims both known and unknown as above provided, the Property Owners expressly waive any
rights under California Civil Code section 1542, which provides:
"A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE
TIME OF EXECUTING THE RELEASE WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR."
The Property Owners waive and relinquish any rights and benefits that they have or may have
under section 1542 of the Civil Code of the State of California. The Property Owners have
performed a full and complete investigation of the facts pertaining to this Agreement, and the
Property Owners acknowledge and agree that they are aware that they may hereafter discover
facts in addition to or different from those which they now know or believe to be true with
respect to the subject matter of this Release, but it is their intention hereby to fully and finally
forever settle and release any and all matters, disputes and differences, known or unknown,
suspected and unsuspected, which now exist, may exist or heretofore have existed, as against
each other, arising out of the flooding or potential flooding of the Property by any water or other
liquid flowing on, over, under, or across the Property's driveway and adjacent areas thereto,
including but not limited to any water run-off onto the driveway from Calle Cadiz. In
furtherance of this intention, the Release herein given shall be and remain in effect as a full and
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complete general release notwithstanding discovery or existence of any such additional or
different facts.
5. Effective Date of Agreement.
This Agreement shall be binding and effective as of the latest date on the signature page
of this Agreement, which date shall be the "Effective Date" of this Agreement.
6. Entire Agreement.
This Agreement and exhibits and attachments hereto set forth the entire agreement of the
Parties and supersedes any and all prior agreements or understandings, if any, between them
pertaining to the subject matter hereof, and shall not be modified or altered except by a
subsequent written agreement signed pursuant to Section 12 below. This Agreement shall be
binding upon and shall inure to the benefit of the Parties, their respective representatives,
shareholders, officers, directors, employees, affiliates, successors, heirs and assigns.
7. Representations and Warranties.
The Property Owners hereby expressly represent and warrant that they have not
transferred or assigned or attempted to transfer or assign the Claim or any of the other released
claims that are subject to this Agreement. No claim of subrogation may be brought against the
City under the Claim or any of the other released claims, and the Property Owners expressly
agree to waive any subrogation rights against the City related to the Claim and any of the other
released claims. The persons signing this Agreement hereby represent and warrant that they
have the power and authority to bind any Party on whose behalf this Agreement is signed. The
Property Owners acknowledge and agree that the City is materially relying upon the
representations and warranties of the Property Owners set forth in this Agreement. If any of the
Property Owners' representations and warranties as set forth herein are found to be untrue or
inaccurate either at the signing of this Agreement or with the passage of time, or both, then such
untrue or inaccurate representation and warranty shall be a material default and the basis for a
breach of this Agreement.
8. Controlling Law.
This Agreement shall be interpreted and construed in accordance with the laws of the
State of California without regard to conflict of law principles.
9. Attorney's Fees and Costs.
The Parties shall bear all of their own respective costs and attorney's fees incurred
relating to this Agreement. In the event that a Party is required to initiate or defend any litigation
relating to or arising out of this Agreement, the prevailing Party shall be entitled to recover from
the other Party(ies) its actual attorney's fees, expert witness fees, costs of investigation and
preparation, and other costs and expenses related thereto.
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10. Severability
If any provision or part of this Agreement is held, determined, or adjudicated to be
invalid, unenforceable or void for any reason, each such provision shall be severed from the
remaining provisions of the Agreement and shall not affect the validity and enforceability of
such remaining provisions.
11. Review of Agreement.
The Parties each acknowledge and represent that they have read this Agreement, that they
have had the opportunity to consult with their respective attorneys concerning its contents and
consequences, that the Agreement is being executed solely in reliance on their respective
judgment, belief, and knowledge of the matters set forth herein and on the advice of their
respective attorneys, and that they enter this Agreement freely and voluntarily.
12. Neutral Interpretation.
The Parties agree that all parts of this Agreement shall in all cases be construed as a
whole according to their fair meaning and shall not be construed strictly for or against any Party
hereto.
13. Modification.
This Agreement shall not be modified, amended or supplemented unless such
modifications, amendments or supplements are in writing and signed by the Party to be charged.
14. Counterparts.
This Agreement may be executed in counterparts and by facsimile or other electronic
delivery, each of which shall be deemed an original and all of which together shall constitute one
and the same instrument.
[signatures on next page]
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IN WITNESS WHEREOF, the Parties have executed this Agreement on the date set forth
below.
Date: 12 _Z ( , 20 /4, TADROS TADROS
Date: l izl , 20 I ELAINE TADROS
Date:
, 20 CITY OF LA QUINTA
ATTEST:
SIGNED IN COUNTERPART
City Clerk
APPROVED AS TO FORM
By: sIrNrsumcaumniRPART
City Attorney
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By:
SIGNED IN COUNTERPART
Its:
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date set forth
below.
Date: , 20 TADROS TADROS
Date: , 20
Date: bee � , 20
ATTEST:
By:_
SIGNED IN COUNTERPART
ELAINE TADROS
By:
SIGNED 1N COUNTERPART
CITY 0 LA QUINTA
Its: ski r
City Clerk - Susan May. is
APPROVED AS TO FORM
By:
City Attorney - William H. Ihrke
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Frank J. Spevacek, City Manager