Soto & Cordero, Vista Dunes MHP/Settlement Agreement 04SETTLEMENT AGREEMENT AND RELEASE
FOR SALE OF MOBILE HOME AND RELOCATION
This SETTLEMENT AGREEMENT AND RELEASE ("Agreement") is entered into this
7th day of July, 2004 by and between the La Quinta Redevelopment Agency, a public body
corporate and politic ("Agency") and Agustin Cordero and Esther Soto ("Seller"). The Agency
and Seller are hereinafter sometimes individually referred to as "Party" and collectively referred to
as "Parties."
RECITALS
A. Agency has acquired that real property commonly known as Vista Dunes Mobile
Horne Park ("Park"), located at 78-990 Miles Avenue, La Quinta, California, 92253 ("'Property").
B. The Property is currently used as a park for mobile homes, motor homes, and
travel trailers.
C. The Seller is the owner of one such mobile home, motor home or travel trailer
("Mobile Home"), utilized for residential purposes on the Property on Space 41 ("Subject
Space").
D. Seller desires to sell the Mobile Horne to Agency, and Agency is willing to
purchase Mobile Home from Seller provide the Seller with relocation assistance.
E. The parties hereto desire by this Agreement to provide the terms and conditions
for the full and complete settlement of all of Seller's claims relating to or arising out of the
Agency's acquisition of the Vista Dunes Mobile Park and the displacement of Setter from the
Subject Space within the Vista Dunes Mobile Park, including but not limited to all of Seller's
rights and interests under the Mobile Home Parks Act (Health & Safet_y Code §§ 18200 et seq.)
and Mobile Home Residency Law (Civil Code §§ 798 et seq.), all property rights and interests, if
any, in the Vista Dunes Mobile Park and the Subject Space, all relocation benefits and assistance
under all applicable law, including but not limited to the State Relocation Assistance Law
(Government Code § 7260 et seq.) and the State Relocation Assistance and Real Property
Acquisition Guidelines (25 C.C.R. § 6000 et sect.), all leasehold interests and rights of tenancy or
occupancy, all improvements, all improvements pertaining to the realty, fixture, and equipment, all
personal property including but not limited to the Mobile Home, all moving expenses, all
replacement housing costs, all rent differential costs, all reestablishment costs, all loss of business
goodwill, all lost income, all failure to locate a suitable replacement location, all lost rental income
or sublease or license income, all severance damages, all pre -condemnation damages, if any, all
economic or consequential damages, all administrative and judicial processes and appeals
pertaining to his relocation benefits and assistance, all attorney's fees and costs, all expert witness
fees and costs, all interest, all other costs, and any and all compensable interests, and/or damages,
and/or claims, of any kind and nature, claimed or to be claimed, suffered or to be suffered, by
Seller.
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AGREEMENT
In consideration of the foregoing Recitals and the covenants and promises hereinafter
contained, and for good and valuable consideration, the receipt and sufficiency is hereby
acknowledged, the parties hereby agree as follows:
l . Settlement Amount
The total and complete settlement amount to be paid by Agency to Seller shall be as
follows:
a) Seven Thousand Five Hundred Dollars ($7,500) ("Purchase Price") for the
sale of the Mobile Home to the Agency, and
b) Twenty -Eight Thousand One Hundred Forty Dollars (528,140)
("Relocation Assistance") for relocation assistance.
The sum of the Purchase Price and Relocation Assistance equals the total and complete
settlement amount of Thirty -Five Thousand Six Hundred Forty Dollars ($35,640)
("Settlement Amount"). The Settlement Amount is to be paid by Agency in accordance with the
terms of this Agreement.
2. Payments to Seller
In consideration for Seller's strict compliance with his/her obligations set forth in Sections
3, 4 and 5 of this Agreement, Agency shall pay to Seller the Settlement Amount in the following
manner:
a) Agency shall pay Seller Two Thousand Dollars ($2,000.00) of the
Settlement Amount ("Initial Pay rent"), upon execution and delivery of this Agreement.
b) Agency shall pay Seller hour Thousand Dollars ($4,000.00) of the
Settlement Amount ("Move -Out Payment") upon the occurrence of both (1) the
Occupants vacating the Property in accordance with Section 5 and (ii) Delivery of the
Mobile Home pursuant to Section 4.
c) Agency shall pay Seller the balance of the All -Inclusive Settlement Amount
("Balance Payment"), pursuant to instructions of Seller. Seller acknowledges that this will
be a final and all-inclusive payment of both relocation benefits and purchase of the mobile
home. The Seller hereby indemnifies, defends and holds harmless the City of La Quinta,
La Quinta Redevelopment Agency, and Overland, Pacific & Cutler, Inc. from and against
any claims, damages, demands, liabilities, losses, _judgments, expenses and attorneys" fees
and/or costs resulting from this assignment of benefits or the falsity of any representation
or warranty made by Seller, or arising out of the assertion by any third party(s) against the
City of La Quinta, the La Quinta Redevelopment Agency or Overland, Pacific & Cutler,
I Tic.
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3. Transfer of Ownership of Mobile Home
a} Document to Transfer Ownership. Seller shall execute and deliver to
Agency concurrently with the execution and delivery of this Agreement, a hill of sale in
the form attached hereto as "Exhibit A" (-gill of Sale") and thereafter execute and deliver
to Agency any such other and further documentation required by the Department of
Housing and Community Development ("HCD"), and/or other governmental agency, to
effectuate a transfer of ownership to Agency of the Mobile Home.
b) Registration Fees Liens and Encumbrances. Seller hereby represents and
warrants that it is the actual and registered owner of the Trailer, free and clear of any liens
or encumbrances. If Seller owes any fees, charges, fines or taxes due to HCD, Agency
shall pay such amounts due to HCD on Seller's behalf and deduct such payment from the
Settlement Amount.
c) Payment of Sales Taxes and Transfer Fees. Agency shall pay all sales taxes
imposed by HCD on the sale of Mobile Home to Agency under this Agreement.
d) Maintenance of Mobile Home. Until transfer of possession, Seller shall
maintain Mobile Home in as good a condition as it was at the time this Agreement was
entered.
e) Risk of Loss. Until transfer of possession to Agency, Seller shall be
responsible for any risk of loss or damage to the Mobile Ilome. Seller shall maintain and
keep in full force and effect, any insurance policies currently insuring the Mobile Home,
until said transfer of possession.
4. Delivery of Mobile Home
On or before January 7, 2005, Seller shall deliver full and complete physical possession
and control of' the Mobile Horne to Agency and relinquish all rights and interests to such
possession and control ("Delivery"). Seller shall effectuate Delivery by any and all means
necessary, including, but not limited to the (i) transfer of keys and entry devices to Agency, (ii)
execution of any assignments for the benefit of Agency, and (iii) waiver of any laws or regulations
that would prevent effective Delivery to Agency, including waiver of the Mobilehome Parks Act
(Health & Safety Code §§ 18200 et see .) and Mobilehome Residency Law (Civil Code §§ 798 et
Prior to Delivery, Seller shall remove all personal possessions from the Mobile Home and
leave Mobile Home in a neat and clean condition. Seller shall not remove any built-in appliances,
cabinets, floor coverings, draperies, or other built-in furniture or fixtures. Seller shall not remove
anv other item from the Mobile Home, if the removal of such item will affect the Mobile Home's
suitability for future use of IVlobile Home (as it is currently in use) or the Mobile Home's ability to
be mobile, portable and/or transportable.
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5. Vacating the PrQerty
Seller shall vacate the Mobile Home and Property and cause alI occupants of his/her
Mobile home, including without limitation any members of his or her family or household, any
co -tenants, guests, and sub -tenants, and any members of any of their families or households
(collectively, the "Occupants") to vacate the Property on or before January 7, 2005. Seller shall
leave the Property free and clear of any debris and shall remove all personal property, including
without limitation, any abandoned vehicles, appliances or equipment. Upon vacating the
Property, Seller agrees to execute and deliver a Notice of Abandonment attached hereto as
Exhibit "B." Seller acknowledges that the Seller and the Occupants have been served with a copy
of an Order of Possession, which Seller acknowledges has been duly served on Seller, and which
requires Seller to vacate the Property on or before January 7, 2005. Seller agrees and warrants
that upon payment by the Agency of the amounts set forth in this Agreement, all personal
property left in the Mobile Home, Subject Space or Property shall become the property of
Agency.
6. Release
Seller, for himself/herself, the Occupant, and his/her respective agents, successors, assigns,
and all entities related to any of the foregoing, and on behalf of all persons claiming any interest in
the Park, Subject Space, Mobile Home or this Agreement (collectively, the "Relcasor"), including
but not limited to any community property interest, fully releases, acquits and discharges the
Agency, City of La Quinta and their respective officers, officials, members, directors, employees,
attorneys, accountants, consultants, other professionals, insurers, and agents, and all entities,
boards, commissions, and bodies related to any of them (all of the foregoing, collectively, the
"Released Parties"), ftom all rights, claims, demands, actions or causes of action which Releasor
has or may have against the Released Parties arising out of or related to Seller's rights and
interests under the Mobile Home Parks Act (Health & Safety Code § § 18200 et se_q.) and Mobile
I Tome Residency Law (Civil Code §§ 798 et seg.), the Agency's acquisition of the Park, or the
displacement of Releasor from the Subject Space, including but not limited to all of Seller's
property rights and interests, if any, in the Park and the Subject Space, all relocation benefits and
assistance under all applicable law, including but not limited to the State .Relocation Assistance
Law (Government Code § 7260 et seq.) and the State Relocation Assistance and Real Property
Acquisition Guidelines (25 C.C.R. § 6000 et seq.), all leasehold interests and rights of tenancy or
occupancy, all improvements, all improvements pertaining to the realty, all furniture, fixture, and
equipment, all personal property including but not limited to Mobile Home, all vehicles, and all
contents thereof, all moving expenses, all replacement housing costs, all rent differential costs, all
reestablishment costs, all loss of business goodwill, all lost income, all failure to locate a suitable
replacement location, all lost rental income or sublease or license income, all severance damages,
all pre -condemnation damages, if any, all economic or consequential damages, all administrative
and judicial processes and appeals pertaining to his relocation benefits and assistance, all
attorneys fiecs and costs, all expert witness fees and costs, all interest , all other costs, and any
and all compensable interests, and/or damages, and/or claims, of any kind and nature, claimed or
to be claimed, suffered or to be suffered, by Seller.
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7. Waiver
Seller, for himself/herself and his/her respective agents, successors, assigns, and all entities
related to any of the foregoing, and on behalf of all persons claiming any interest in the Park or
the Subject Space or this Agreement (collectively, the "Releasor"), including but not limited to
any community property interest, expressly and knowingly waves any and all rights under Section
1542 of the Civil Code of the State of California, or any other federal or state statutory rights or
rules, or principles of common law or equity, or those of any jurisdiction, government, or political
subdivision thereof, similar to Section 1542 (hereinafter referred to as a "Similar Provision").
Thus, Seller may not invoke the benefits of Section 1542 or any Similar Provision in order to
prosecute or assert in any manner claims released hereunder. Section 1542 provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST IIAVE
MATERIALLY AFFECTED HIS SETT MENT WITH THE DEBTOR."
Seller Initials: v, € ..
$. Commissions
Each party represents and warrants that neither party has retained any brokers or
finders to represent its interests in connection with this transaction.
9. No Third Party, Beneficiaries
This Agreement is provided by the Agency for the sole benefit of Agustin
Cordero and Esther Soto, and no other person, firm, entity shall have any rights, whether
express or implied, with respect to this Agreement or the matters set forth herein.
10. No Personal Liability
No officer, official, employee, agent, or representative of the Agency shall be liable
for any amounts due hereunder, and no judgment or execution thereon entered in any action
hereon shall be personally enforced against any such officer, official, member, employee, agent or
representative.
11. Venue/Exclusive Jurisdiction
Any action at law or in equity brought by any party hereto for the purpose of'
enforcing the terms of this Agreement shall be brought in the Superior Court of the State of'
California in and for the County of Riverside, or such other appropriate court in said county, and
the parties hereto waive all provisions of law providing for the fling, removal, or change of venue
to any other court.
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12. Attorneys' Fees
In the event of any action between Seller and Agency seeking enforcement of any
of the terms and conditions to this Agreement, or otherwise in connection with the Property, the
prevailing party in such action, whether by fixed judgment or settlement, shall be entitled to
recover, in addition to damages, injunctive or other relief,, its actual costs and expenses, but not
limited to actual attorneys' fees, court costs and expert witness fees.
13. Merger of Prior Agreements and Understandings
This Agreement contains the entire understanding between the parties relating to
the transaction contemplated by this Agreement. All prior or contemporaneous agreements,
understandhig, representations and statements, oral or written, are merged in this Agreement and
shall be of no further force or effect.
IN WITNESS WHEREOF, the Agency and Seller have signed this Agreement on the date(s) set
forth below.
MAILING ADDRESS OF SELLER
78-990 Miles Avenue, Space ##1
La Quinta, California 92253
MAILING ADDRESS OF AGENCY
78--495 Calle Tampico
La Quinta, California 92253
SELLER
AG STIN CCU E
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_... -.._
ESTHER SOTO
AGENCY
La Quinta Redevelopment Agency, a
public body
core ate,and.p'olitic
Rt ..✓'J~ ; �l.a✓~,�° 4 •,.e'r'i'5f�`�d' Al .1r�i
v. / iG f` M7 s'r Y
Executive Director
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State of California
County of Riverside
On July 16, 2004 . before me, Regenia Hensley, Notary Public, personally,. appeared
THOMAS P. GENOVESE personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person or the entity upon behalf of which the person
acted, executed the instillment.
WITNESS nay hand and official seal
RE NIA HENS EY
Notary Public
Commission # 1274458
Expiration: August 19, 2004
(Seal)
Document: Settlement Agreement & Release for Sale of Mobile Home & Relocation
Date of Document: July 7. 2004
Signers): Agustin Cordero & Esther Soto (Space 1)
(Other than named above)
EXHIBIT "A"
BILL OF SALE
This Bill of Sale ("Bill of Sale") is made and entered into as of July 1, 2004, by and
between Agustin Cordero and Esther Soto ("Seller"), and 1_,a Quinta Redevelopment Agency, a
public body corporate and politic, hereinafter ("Agency"), with reference to the following facts.
RECITALS:
A. Seller and Agency are parties to that certain Agreement for Sale of Mobile Homes,
made and entered into as of July 7, 2004 (the "Purchase Agreement"), pursuant to which Seller,
subject to certain terms and conditions, agreed to sell and convey to Agency, and Agency agreed
to purchase the Mobile Home (as defined in the Purchase Agreement) from Seller.
B. Seller desires to sell and transfer the Mobile I lome to Agency.
NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the parties hereto agree as follows:
AGREEM-ENT
1. Defined Terms. All capitalized terms used and not otherwise defined in this Bill of
Sale, but defined in the Purchase Agreement, shall have the meaning set forth in the Purchase
Agreement.
ISale. Seller hereby grants, sells, conveys, transfers and delivers to Agency, any and all
of Seller's rights, title and interests in and to the Mobile I tome.
3. Limited Warranties. Seller represents and warrants to Agency that Seller has good
and marketable title to the Mobile Home (and for a period of five (5) years from the date of this
Bill of Sale will warrant and defend the title thereto unto Agency, its successors, affiliates and
assigns) and Seller is conveying the Mobile Home to Agency free of all liens, encumbrances or
other claims, except as otherwise provided in the Purchase Agreement. The foregoing
representations and warranties of Seller set forth in this Bill of Sale shall be deemed continuing
representations and warranties made by Seller and shall survive the date hereof.
4. Co-unterparts. This Bill of Sale may be executed in multiple counterparts, each of
which shall be deemed an original, but all of which, together, shall constitute but one and the same
instrument.
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5. App icable Law. This Bill of Sale shall be governed by and construed in accordance
with the internal laws of the State of California, regardless of any laws on choice of or conflicts of
law of any jurisdiction.
b. Captions. Any captions to, or headings of, the paragraphs or subparagraphs of this
Bill of Sale arc solely for the convenience of the parties hereto, are not a part of this Bill of Sale,
and shall not be used for the interpretation or determination of the validity of this Bill of Sale or
any provision hereof.
7. Successor and Assn igns. This Agreement shall be binding on and inure to the benefit of
the successors and assigns of the parties hereto.
S. Severability. if one or more provisions of this Bill of Sale are held to be void or
unenforceable in whole or in part, the remaining provisions will continue in full force and effect.
1N WITNESS WHEREOF, the parties have executed this Bill of Sale as of the date first
written above.
SELLER.:
6
A(�VSTIN CORDERO
ESTHER SOTO
AGENCY:
LA QUINTA REDEVELOPMENT AGENCY,
a publit"b-odyt;orporate and p��it ! -='
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Name: , .
Title.zV
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