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Herrera, Francisco, Vista Dunes MHP/Settlement Agr 06SETTLEMENT AGREEMENT AND RELEASE AND RELEASE OF ALL CLAIMS This SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS ("Agreement") is entered into this _2!Qday of September 2006 by and between the La Quinta Redevelopment Agency, a public body corporate and politic (the "Agency"), and Francisco Herrera and Jacqueline Rendon Herrera, (collectively, "Herrera"). The Agency and Herrera are hereinafter sometimes individually referred to as "Party" and collectively referred to as "Parties." This Agreement is made with reference to the following facts: RECITALS A. Agency has purchased that real property commonly known as Vista Dunes Mobile Home Park ("Park"), located at 78-990 Miles Avenue, La Quinta, California, 92253 ("Property"). B. Herrera was the owner of a mobile home ("Mobile Home"), utilized for residential purposes on the Property. C. On November 15, 2004, Herrera signed a Notice of Eligibility and Conditional Entitlement Letter (the "Eligibility Letter'). Under the terms of this letter, Herrera agreed to accept a total of $44,000 for relocation assistance and Mobile Home acquisition. D. Herrera vacated the Mobile Home on or about December 16, 2004 and received final compensation check from the Agency on or about March 11, 2005. F. On March 21, 2006, Herrera submitted an appeal letter ("Appeal Letter") alleging that Herrera was entitled to additional relocation assistance and requesting formal review and reconsideration before the Appeal- Board., G. A formal review and reconsideration hearing was held on June 8, 2006. H. To provide for certain relocation assistance and acquisition payments and to release any claims that may exist, Agency and Herrera, now desire to enter this Agreement. AGREEMENT In consideration of the foregoing Recitals, which are incorporated herein, 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: 1. Additional Relocation Assistance Settlement Amount Payment to Herrera. In settlement of all claims released by this Agreement, the Agency shall pay to Herrera the total sum of FOUR THOUSAND SIX HUNDRED AND FIFTY-NINE DOLLARS ($4,659) as relocation assistance and acquisition (the "Settlement Amount"). •2156?0156I0-0047 7"487.01 091121D6 -1- 2. No Admissions. It is understood and agreed that this Agreement is not an admission of liability, and that the Parties intend merely to resolve Herrera's claims by entering into this Agreement. The Parties agree that it. is their mutual intention that neither this Agreement nor any terms hereof shall be admissible in any pending or future proceedings against the Agency, except a proceeding to enforce this Agreement. Method and Timing, of Payments The Agency payment to Herrera of the Settlement Amount shall be made in the following manner: Agency shall make the check for the Settlement Amount payable to Herrera. The Settlement Payment shall be made by delivering the check to Herrera within five (5) business days after the date this Agreement has been fully executed by all the Parties identified in the signature pages. It is the understanding of the Parties that the Settlement Amount consists of relocation assistance and is not subject to taxation; however, Herrera acknowledges and understands that the Agency does not represent and warrant, nor has it represented or warranted, any tax effects that may occur as a result of accepting the Settlement Amount and Herrera acknowledges and understands that they should seek advice from a competent tax professional. Agency's Settlement Amount obligation pursuant to this Agreement shall be fully discharged and satisfied upon delivery of the Settlement Amount to Herrera as set forth herein, provided however, that the Settlement Amount check is not thereafter returned for insufficient funds or payment stopped thereon. 4. Promise Not to Prosecute. Herrera agrees, to the fullest extent permitted by law, that they will not prosecute or allow to be prosecuted on their behalf, in any administrative agency or court, whether state or federal, any Released Claim as set forth in Section 5. If any such action is brought, this Agreement will constitute an Affirmative Defense thereto, and the prevailing party shall be entitled to recover reasonable costs and attorneys fees incurred in prosecuting or defending against any Released Claim brought pursuant to this Section 4. 5. Mutual Release. Herrera for themselves, all occupants of the Mobile Home, including without limitation any members of the family or household, any co -tenants, guests, and sub -tenants, and any members of any of their families or households. (collectively, the "Occupants"), and their respective agents, successors, assigns, and all entities related to any of the foregoing, and on behalf of all persons claiming any interest in the Mobile Home or this Agreement (collectively the "Releasing Parties"), irrevocably and absolutely releases and discharges the Agency, as well as any present or former employees, subsidiaries, officers, agents, consultants, attorneys, insurers, successors and assigns of defendants and the Agency (collectively, the "Released Parties") from any and all claims related in any way to the sufficiency of the relocation assistance provided to Herrera, including but not limited to the claims raised in the Appeal Letter and the facts and circumstances asserted therein, to the fullest extent permitted by law. This release is intended to -2156,015610.0047 744487,01 09112ft -2- be interpreted broadly to apply to any and all of Herrera's claims arising in connection with the relocation from the Park, including, but not limited to, any and all losses, liabilities, claims, charges, demands and causes of action, known or unknown, suspected or unsuspected, arising directly or indirectly out of or in any way connected with the allegations made in the Appeal Letter (collectively, "Released Claims"). Except as otherwise provided, Released Claims include, without limitation, any of Herrera's claims in connection with the relocation from the Park, including those based in equity, tort, contract, common law, the state or federal Constitutions, or state or federal statutes. The releases and covenants not to sue granted in this Agreement do not extend to, and nothing in this Agreement will be construed to limit, any Parry's rights to enforce this Agreement according to its terms. 6. Unknown or Different Facts. Herrera acknowledges that they may discover facts or law different from, or in addition to, the facts or law known or believed to exist with respect to a Released Claim. The Releasing Parties, agree, nonetheless, that this Agreement and the releases contained in it shall be and remain effective in all respects notwithstanding such different or additional facts or law. Thus, Herrera may not invoke the benefits of Civil Code 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 HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR:" Herrera's Initials: ^\. H By initialing above, Herrera on behalf of the Releasing Parties acknowledges that they have read all of this Agreement, including the above Civil Code section, and that they fully understands both the Agreement and the Civil Code section. Insofar as California Civil Code section 1542 or a similar provision relates to the releases given in this Agreement, Herrera waives any benefits and rights granted to her pursuant to Civil Code section 1542 or a similar provision. 7. No Personal Liability. No officer, official, employee, agent, or representative of the Agency shall be personally 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. 8. Entire Agreement; 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, -21561015610-0047 , 744487.01 09117,06 �� understandings, representations and statements, oral or written, are merged in this Agreement and shall be of no further force or effect. 9. Severability. Should it be determined by a court that any term of this Agreement is unenforceable, that tern shall be deemed to be deleted. However, the validity and enforceability of the remaining terms shall not be affected by the deletion of the unenforceable terms. 10. Modifications. This Agreement shall be amended only by a written instrument, which specifically indicates in its recitals that it is for the purpose of amending this Agreement, that is executed by all Parties hereto. IL . Cooperation and Further Assurances. The Parties agrees to do all things necessary and to execute all further documents necessary and appropriate to carry out and effectuate the terms and purposes of this Agreement. 12. Counterparts. This Agreement can be executed in one or more counterparts, with the same force and effect as if executed in one complete document. 12.1 Facsimile Signature Deemed Original. This Agreement can be signed and delivered by facsimile transmission, and such facsimile documents shall be deemed originals and binding upon the signatories upon receipt (with transmission confirmed) by the Party to whom the facsimile transmission is sent. 13. Authori . Each individual signing this Agreement warrants and represents that she/he has full capacity and authority to execute the Agreement on whose behalf she/he so signed, as provided by law. 14. Governiniz Law. This Agreement is made and entered into in the State of California and shall, in all respects, be interpreted, enforced and governed by and under the laws of the State of California. 15. Warranty. Each of the Parties to this Agreement warrants that no promise or inducement has been made or offered by any of the Parties, except as set forth herein, and that this Agreement is not executed in reliance upon any statement or representation of any of the Parties or their -2156/015610-0047 744497.01 49M,106 -4- representatives, concerning the nature and extent of the injuries, damages or legal liability therefore. 16. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective, heirs, administrators, executors, trustees, successors and assigns, and each of them. 17. Interpretation, Construction.• Advice of Counsel. The headings set forth in this Agreement are for convenience only and shall not be used in interpreting this Agreement. The Parties declare and represent that they fully understand this Agreement are: (i) executing this Agreement with the opportunity to obtain advice from legal counsel and without coercion by any party, (ii) that this Agreement shall be complete and shall not be subject to any claim of mistake, and (iii) that the releases herein express full and complete releases and, regardless of the adequacy or inadequacy of the consideration, the Parties intend the releases herein to be final and complete. The Parties acknowledge they have had an opportunity to review and discuss each term of this Agreement with legal counsel and, therefore, the rule of construction stating that any ambiguities are to be resolved against the drafting party is inapplicable and shall not be employed in the interpretation of this Agreement. Herrera's Initials [Signatures on the following pages) -21561015610-0047 743497.01 a09f11' -5- IN WITNESS WHEREOF, the Agency and Herrera have signed this Agreement on the date(s) set forth below. Dated: tJ U , 2006 Dated: G/ .2006 ATTEST: Debbie Powell, Interim City Clerk HERRERA. Francisco Herrera ,A-1-1—� '?1IL" /_ 4,-, J cque ne Rendon Herrera AGENCY REDEVELOPMENT AGENCY OF THE CITY OF LA QUINTA, a public body corporate and politic, Donald Adolph, Stanley Sniff, Tom Kirk, Terry Henderson, and Lee Osborne, in their official capacities as directors of t Q ' to Re level gency, �`- By:as P m. Genovese, Executive Director APPROVED AS TO FORM: ' 11 / f M. K ffee3en on, Agency Counsel -21561015610-0047 744497.01 a09,12106 -6-