Loading...
BUFFIN & MOHSENINIA Legal DocsSETTLEMENT AGREEMENT AND RELEASE THIS SETTLEMENT AGREEMENT AND RELEASE ( "Agreement") is made and entered into in Riverside County, California, as of May 1996, by and among (1) the CITY OF LA QUINTA ("City"), (2) WILLIAM THOMAS BUFFIN, individually and doing business as THOMAS BUFFIN AND ASSOCIATES, POWER BROKERS REAL ESTATE, and POWER FINANCE, ("Buffin"), and (3) JOSEPHINE GREEN ("Green"), an individual, with reference to and based upon the following: RECITALS A. ' A dispute has arisen between the parties relating to the use -of the real property located at 51-340 Eisenhower Drive in La Quinta ("Eisenhower Property"). The Eisenhower Property is owned by Green and had been leased by Buffin. B. On or about January 26, 1996, Buffin submitted a claim for damages to the.City relating to this dispute. C. On February 16, 1996, the City filed an action relating to this dispute entitled City of La Ouinta v. William Thomas Buffin, et al., Riverside County Superior Court Case No. 087578 (the "Action"). e D. On March 25, 1996, the Court issued a preliminary injunction in the Action, prohibiting any business operations from being conducted at the Eisenhower Property. E. On April 3, 1996, Buffin filed a notice of appeal of the preliminary—inj-unct-ion. F. As of April 16, 1996, Buffin has relocated his businesses to a commercial zone, and has committed to vacating the Eisenhower Property completely by May 1, 1996. -1- G. The parties believe that it would be in their respective best interests to settle their differences on the terms specified in this Agreement. A G R E E M E N T NOW, THEREFORE, in consideration of the above Recitals and the agreements contained herein, it is mutually agreed upon by and among the parties hereto as follows: 1. Obligations of Buffin: a. As previously ordered by the Court, Buff in shall pay a total of $2,035 to the City to reimburse the City for certain attorneys' fees it incurred in the contempt proceedings. Said payment shall be made in three installments as follows: May 1, 1996 $678.33 June 3, 1996 $678.33 July 1, 1996 $678.34 At or before 5:00 p.m. on these dates, Buffin shall deliver or make arrangements for the delivery of a check or money order, payable to "The City of La Quinta," to City Hall, to the attention of Tom Hartung, the Director of Building and Public Safety, 78-495 Calle Tampico, La Quinta, CA 92253. b. Buffin shall direct his attorney to dismiss his appeal, with prejudice, within ten (10) days after all parties have signed this Agreement. 2. Obligation 'of the City: The City shall direct its attorney to sign the Request for Dismissal of the Entire Action, with prejudice within ten (10). days after all parties have signed this Agreement. -2- 3. Obligation of Green: Green has agreed to -release Buffin from his lease of the Eisenhower Property, as of May 1, 1996. 4. Release: The City, Buffin, and Green, on behalf of themselves, their employees, agents, attorneys, councilmembers, mayors, managers, officials, commissions, heirs, families,. and other representatives, hereby release each other, and each other's employees, agents, attorneys, councilmembers, mayors, managers, officials, commissions, heirs, families, and other representatives (collectively, the "Released Persons"), from 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 attorneys' fees, of any nature whatsoever, known or unknown, fixed or contingent, including, but not limited to, those claims arising out of, based upon or in any way relating to: (1) Buffin's claim; (2) the facts or allegations in the Action; and (3) to the facts or allegations contained in the Recitals herein. (b) Waiver of Civil Code Section 1542: By releasing and forever discharging claims both known and unknown, present and future, as above provided, the parties expressly waive any rights under.California Civil Code Section 1542, which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WINCH THE CREDITOR DOES NOT KNOW-OR-SUSPEC-T-T-O 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." - 3�- Each party waives and relinquishes any rights and benefits which he, she or it has or may have under Section 1542 of the Civil Code of the State of California. Each party has performed a full and complete investigation of the facts pertaining to the settlement. Nevertheless, each party acknowledges that he/she/it is aware that he/she/it may hereafter discover facts in addition to or different from those which he/she/it now knows or believes to be true with respect to the subject matter of this Agreement, but it is each of 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 in the future relating in any way to Buffin's claim or this Action, or heretofore have existed, as against the Released Persons and, in furtherance of this intention, the release herein given shall be and remain in effect as a full and complete general release notwithstanding discovery or existence of any such addi- tional or different facts. (c) Consultation with Counsel: By initialling below, the City and Buffin acknowledge that it/he has specifically reviewed with its/his attorney, the meaning and effect of the release set forth in subparagraph (a), the language from Civil Code Section 1542 quoted in subparagraph (b), and the waiver contained in subparagraph (b), and that its/his attorney has fully explained the impact of these provisions, and it/he knowingly accepts the .risks associated with these provisions. By initialling below, Green acknowledges that although she has had the opportunity to retain an attorney, she has chosen to represent herself, and that she has carefully reviewed the release set forth in subparagraph -4- (a), the language from Civil Code Section 1542 quoted in subparagraph (b), and the waiver contained -in subparagraph (b), and that understands the impact of these provisions, and knowingly accepts the risks associated with these provisions. WILLIAM THOMAS BUFFIN O� JOSEPHINE GREEN CITY OF LA QUINTA Qk 5. Execution Not an Admission: By entering into this Agreement, no party hereto admits that the claims or contentions of the other were or are valid or meritorious. Each party hereto has in the past denied and continues to deny the claims, assertions, allegations and contentions of the other and this Agreement and the underlying settlement are strictly for the purposes of compromising a dispute. 6. Additional Documents and. Instruments: Each of the parties hereto agrees to execute and deliver to each of the other parties hereto all additional. documents, instruments and agreements required to take such additional actions as are required to implement the terms and conditions of this Agreement. 7. Integration:, This Agreement contains the entire agreement and understanding concerning the subject matter herein and supersedes and replaces any prior negotiations and agreements between the parties, whether written or oral.. Each of the parties acknowledges that no party or agent or attorney of any other party has made any promise, representation, or warranty, express or implied, not contained in this Agreement, to induce the other party to execute this instrument. -5- SE��T.�'r:RUT N & TUCKER : 4-25-96 : 3:19PM : RUTAN & TUCKER- 16195641144:7 6 p u (a), the language from. Civil Code Section 1542 quoted in .subparagraph (b), and the waiver contained in subparagraph (b), and that understands the impact of these provisions, and knowingly accepts the risks associated with these provisions. WILLIAM THOMAS BUFFIN JOSEPHINE GREEN CITY OF LA QUINTA e 5. Execution Not an Admission; By entering into this Agreement, no party hereto admits that the claims or contentions of the other were or are valid or meritorious. Each party hereto has in the past denied and continues to deny the claims, assertione, allegations and contentions of the other and this Agreement and the underlying settlement are strictly for the purposes of compromising a dispute. 6. Additional Documents and Instruments: Each of the parties hereto agrees to execute and deliver to each of the other parties hereto all additional documents, instruments and agreements required to take such additional actions as are required to implement the terms and conditions of this Agreement. 7. Integration: This Agreement contains the entire agreement and understanding concerning the subject matter herein and superseded and replaces any prior negotiations and agreements between the parties, whether written or oral. Each of the parties acknowledges that no party or agent or attorney of any other party has made any promise, representation, or warranty, express or implied, not contained in thi.s Agreement, to induce the other party to execute this instrument. S. Warranty of No Undue Influence: The parties hereby warrant and represent that they are not aware of any duress, menace, fraud, coercion, or undue influence which has caused any party to enter into this Agreement. Each of the parties hereby warrants and represents that it is not aware of any acts or conduct by which, in executing this Agreement, the mind of any of the parties hereto has been overcome by the will of another person. 9. Fees and Costs Previously Incurred: With the exception of the payment referred to in Paragraph 1, each party shall be responsible for his, her or its own costs and attorneys' fees incurred in connection with each of City's claim and the Action. 10. Construction of Agreement: This Agreement shall be construed as if it were drafted by all parties. 11. Counterparts: This Agreement may be executed in one or more, counterparts, each of which shall be deemed to be an original instrument. IN WITNESS WHEREOF, the parties hereto have executed this Settlement Agreement and Release. DATED: May _, 1996 WILLIAM THOMAS BUFFIN, individually and doing business as THOMAS BUFFIN AND ASSOCIATES, POWER BROKERS REAL ESTATE, and POWER FINANCE APPROVED AS TO FORM: NICHOLAS G. SPIRTOS By Nicholas G. Spirtos Attorney for WILLIAM THOMAS BUFFIN, individually and doing business as THOMAS BUFFIN AND ASSOCIATES, POWER BROKERS REAL ESTATE, and POWER FINANCE DATED: May j, 1996 DATED: May _, 1996 APPROVED AS TO FORM: RUTAN & TUCKER M. KATHERINE JENSON By C M. Katherine Jenson Attorneys for City of L Quinta 10�SHINE GREEN -7- CITY OF LA QUINTA t RUTAN &'TUCKER, LLP ATTORNEYS AT LAW RECEIVED A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONSc JAMES R. MOORE' MARCIA A. FORSYTH 611 ANTON BOULEVARDSUV(13 B(`1 11 /� 5u&. TAVLOR KACER S. DANIEL HARBOTTLE PAUL FREDERIC MARX WILLIAM M. MARTICORENA {y`.-jS li �!]OIII.D B. GOSO ROVE DAVINA P. HARDEN WILLIAM R. BIEL JAMES L. MORRIS COSTA MESA, CALIFORNYA 1 $ MANS VAN LIGTEN INA RAILEANU RICHARD A. CURNUTT ANNE NELSON LANPHAR STEPHEN A. ELLIS DOUGLAS B. VANDERPOOL LEONARD A. HAMPEL WILLIAM J. CAPLAN JOHN B. HURLBUT. R. MICHAEL T. HORNAK MATTHEW K. ROSS DIRECT ALL MAIL TO: P. 0. BOX 19501.. EFFgEV WERTHEIMER JOSEPH L. MAGA III (CRAIG C. KILGER MICHAEL W. MM LL PHILIP D. KOHN 92I6�28-191�5t0 L A Q U I NTDBE RT O. OWEN SCOTT R. 9ANTAGATA MILFORD W. DAHL, JR. JOEL D. KUPERBERG COSTA MESA, CALIFORNIA ADAM N. VOLKERT ANWARO LI THEODORE I. WALLACE. JR ' STEVEN A. NICHOLS PATRICK ARRINGTON THOMAS O. BROCKINGTON (� TELEPHONE (714) 641-SIOOF I Y CLERK JEFFREY A. GOLOFAR. F. KEVIN BRAZIL SANDRA J. YOUNG ALLEN C. OSTE RGAR III RICHARD P. SIMS WILLIAM W. WYNDER ROBERT C. BRAUN EVRIOIKI (VICKI) GALLAS (213) 625-7586 LAV NE H. MELZER L. SKI HARRISON JULIA L. BOND JENNIFER WHITE-SPERLING EDWARD D. SYBESM A, JR' RANDALL M. BABBUSH MICHAEL K. SLATTERY ROBERT E. ADEL , THOMAS S.BALI NGE R' MARY M. GREEN TELECOPIER (714) 546-9035 DEBRA DUNN STEEL LORI L. HEIMERL DAVID C. LARSEN' THOMAS J. CRANE DAVIO H. MOCHNER STEVEN M. COLEMAN CLIFFORD E. FRIEDEN MARK B. PRAZIER ELISE K. TRAVNUM STEVEN J. GOON MICHAEL D. RUBIN M. KATHERINE JEN90N A. W. RUTAN (1880.1972) DAN SLATER DOUGLAS J. DENNINGTON IRA G. RIVIN' DUNE F. WAHLOUIST JAMES B. TUCKER, SR. 111 8 B-1950) JAMES S. WEISZ TODD O. LITFIN JEFPR EY M. ODERMAN' RICHARD G. MONTEVIDEO MILFORD W. DAHL. SR. (919-198811 CAROL L. DEMMLER STEVEN M. MULOOWNEY JOSEPH D. CARRUTH LORI SARNER SMITH H. RODGER HOWELL (1925-1983) PATRICK D. McCALLA ANTHONY J. McCUSKER STAN WOLC OTT' ERNEST W. KLATTE 111 RICHARD K. HOWELL JEFFREY R. BROWN ROBERT 5, BOWER ELIZABETH HANNA A. PATRICK MVNOZ SUE LEE COLLINS DAVID J. ALESHIRE KIM O. THOMPSON ELLEN S. 8ANCROFT KARA 9. CARLSON ' PAUL J. SI .VERS 'A PROFE551ONAL CORPORATON ' GARVIN F. 5HALLENBERGER ' DAVID J. BARI BALDI, 111 May. 8, 1996 DF COUNSEL Saundra Juhola Administrative Services - City of La Quinta 78-495 Calle Tampico , La Quinta, CA 92253 Re: City of La Quinta v. Buffin, et al. Dear Saundra: Pursuant to our telephone conversation today, I am enclosing for the City's file the original Settlement Agreement and Release regarding the above -referenced action. I look forward to receiving a copy of pages 5 and 7 of the Agreement with the initials and the signature, respectively, of Mr. Hartung. If you have any questions please call me. Very truly yours, RUTAN & TUCKER, LLP Catherine Bobar, Secretary to M. Katherine Jenson /cb -Enclosure FS2\119\015610-0010\2196525. x05/08/96 V y4.4 Q OFTHt Qs] FROM DATE Tom Hartung, Director of Building & Safety Don Whelchel, Code Compliance Officer, II October 17, 1995 SUBJECT: William Thomas Buffin March 1, 1995 Code Compliance Division notified (anonymously) that Thomas Buffin and Associates D.B.A. Power Brokers, had moved his entire real estate business from 77836 Avenue Montezuma (commercially zoned) to 51340 Eisenhower Drive (residentially zoned). This business move was substantiated by visual observation. ' March 2, 1995 Mr. Buffin was notified in person (by myself) that his business relocation constituted several violations of Municipal Code and it was requested of Mr. Buffin that he contact Mr. Tom Hartung for advice and guidance in this matter. March 6, 1995 Mr. Buffin was personally served an official Notice And Order To Cease And Desist (Attachment "A"). Note: Mr. Buffin failed to contact anyone at City Hall. March 8, 1995 Meeting held at 51.34.0 Eisenhower for purpose of discussion to gain compliance to City requirements. March 13, 1995 Fax received by Mike Rubino (City Attorney) from Buffin's attorney, Nicholas Spirtos, advising that Mr. Buffin was refusing to comply with the conditions as discussed on the March 8, 1995, meeting (Attachment "B"). March 14, 1995 Second Notice and Order to Cease and Desist was personally served to Mr. Buffin by myself with a copy mailed and faxed to Buffin's attorney, Mr. Spirtos .(Attachment "C" ).: March 15, 1995 Miscellaneous fax (Attachment "E"). March 16, 1995 It was noted that Mr. Buffin was still in full operation and he was issued a citation for violation of La Quinta Municipal Code Section 9.42.020 for violation of zone requirements in a SRI Zone (the Cove area) and Section 9.208.010 pertaining to requirements of a home occupation permit as required when a business is operated in a residential zone (Attachment "D"). March 17, 1995 Miscellaneous fax (Attachment "F").. March 27, 1995 It was noted that Mr. Buffin was still in full operation and a second citation was'issued for both violations (Attachment "D"). March 28, 1995 A third citation was issued for the same two violations (Attachment "D") March 30, 1995 Memo to Rubino, re: case history (Attachment "G"). March 31, 1995 Miscellaneous fax (Attachment "H"). April 6, 1995 City requested a preliminary injunction and temporary restraining order (Case #079212) in Palm Springs Municipal Court. Request was denied. . April 21, 1995 Miscellaneous fax (Attachment "J"). April 26, 1995 Miscellaneous fax (Attachment "K"). May 5, 1995 Revised special conditions fax (Attachment "L") May 9, 10, & 15, Miscellaneous fax (Attachment "M"). 1995 May 16, 1995 All special conditions were agreed upon and a home occupation permit was issued to Mr. Buffin for 51340 Eisenhower Drive (Attachment "N"). May. 22 & 261 1995 Miscellaneous fax (Attachment "O"). Note: Between May 16, 1995, and May 22, 1995, it was visually observed by many City Staff members that several violations of the home occupation permit agreement were continuing to exist at the Eisenhower location and a private investigative firm was hired to substantiate those violations. See investigaative reports (Attachment "P"). Specifically., those violations alleged as follows: 1. Employees are working at the premises on a full time basis. 2. The co -habitant of Mr. Buffin, Cecilia Mohseninia, has not been seen at the.Eisenhower location since the permit was approved. Ms. Mohseninia is not registered with the California Real Estate Board as working forsMr. Buffin, has written a check for her business license that was written against insufficient funds and is not living at the location. 3. Signage, brochures, etc. are kept on public display inside the garage of which the garage door is always open during business hours. 4. The open house signage -at the front of the property stays visible 24 hours a.day and is not removed after hours. 5. There is no apparent residency at the Eisenhower location and Mr. Buffin is apparently living at 52275 Avenida Obregon. 6. Mr. Buffin has numerous daily contacts with,. what appears to be, potential real estate customers at the, Eisenhower location as substantiated by the private investigations. 7. Mr. Buffin is currently listed as the owner of the property at 52275 Avenida Obregon with the mortgage lender as being Desert Mortgage. From May16; 1995; to date, it has been noted and observed by numerous Staff employees that Mr. f Buffin has not complied with the special conditions of home occupancy, but continues.to do business as usual at the Eisenhower location. On October 17, 1995, additional. pictures were taken of the Buffin location and in comparison to previous pictures taken, there -appears to be little if any changes. Note: All pictures -attached and labeled (Attachment "Q") buffin4 12 A PROFESSIONAL INVESTIGATIVE FIRM July 27;1995 To: Tom Hartung Ref: City of La Quinta vs Thomas Buffin Dear Mr. Hartung, Pursuant to your instructions in our meeting at your office on June 22,1995 an investigation was initiated to determine the activities at -51-346 Eisenhower Dr. and 52- 275 Obregon in the city of La Quinta and to further determine which residence appears to be occupied as a• living residence and which appears to be a residence for the purpose of doing business only. Surveillance activities were conducted at both residences on days selected at random and various times in the morning and afternoon hours. Our surveillance, covered 9 days at elevenseparate time periods. During this period of time our field activity logs will reveal that one of two Hispanic females believed to be secretaries of Mr. Buffin would arrive at approximately 8:00 am daily, and the daily arrival of Mr. Buffin between 8:15 and 9:40 am. Periodically, the secretary would have to wait for Mr. Buffins' arrival to open the door to the residence located on Eisenhower Dr. Their arrivals were punctuated by "normal opening" routines such as picking up the morning newspaper, unlocking their front door so as to gain access to the interior and opening the garage door (Mr. Buffin). to expose the signage within the garage to the public. You will also find noted the departure time of Mr. Buffin from his home at 52-275 Obregon in the morning hours prior to his arrival at the Eisenhower address. A female who also resides at the Obregon address was observed in the a.m. leaving the Obregon address driving to the Eisenhower residence for the purpose.of unlocking the building and allowing the secretary to gain access. Numerous vehicles were observed at,the Eisenhower address either waiting for someone to arrive and open 'up for business, or the building was open for business for_which the visitors would gain entry and leave thereafter. 619 345 4025 fax 619 360 1492 39 725 GARAND LN. PALM DESERT, CA. 92211 WILLIAM BOWER ASSOCIATES A PROFESSIONAL INVESTIGATIVE FIRM G On Wednesdays it was further observed that trash cans were set out for pick-up at the Obregon location but no such waste cans were set out at the Eisenhower location. When an Environmental Waste Management (co. that picks up residential and commercial waste routinely) truck driver was approached and questioned, he replied that "Trash is picked up on Wednesday in the morning hours at both the Obregon and the Eisenhower locations. On July 13 the investigation was placed on hold at the request of Tom Hartung while awaiting further directions. It is the opinion and conclusion based on the observation of the investigators that the residence located at 51-340 Eisenhower Dr. is the primary business address of Mr. Buffin while the address located at 52-275 Obregon is the primary living address of Mr. Buff in. William A. Cooke Director of Investigations William Bower Associates 619 345 4025 fax 619 360 1492 39. 725 GARAND LN. PALM DESERT, CA. 92211 INVESTIGATIVE FIELD ACTIVITIES CITY OF LA QUINTA VS. THOMAS BUFFIN 6-22-95 2:20 pm- Cooke and Bower drove by Eisenhower and Obregon residences for, the purpose of pre -planning surveillance activities. Observations: the Eisenhower residence had the garage door open exposing advertisement signage and many house photos lined the garage walls. A black Ford Escort,2 door, parked on the north side of the residence while another vehicle was parked on front at the curb. The residence at Obregon had no vehicles in the driveway or at the curb. Shades were drawn and the garage door was closed. 6-28-95 8:15 am- Surveillance, Cooke- Eisenhower residence garage door open, signs and house pictures visible. Black Ford Escort parked on north side of the residence. It is trash pick up day, there is no trash set out. 8:32 am- Vehicle parked at curb. Driver entered residence. 8:40 am- Curb parked vehicle drives away. 10:00 am- Drove by Obregon residence. Window shades drawn. No vehicles parked and the garage door is closed. Cooke drove back to Eisenhower residence. No activities. 10:10 am- Cooke ends assignment. 6-29-9.5 Cooke and Bower on assignment 8:05 am- Bower at Obregon residence; no activities or movement. 8:15 am- Cooke, Eisenhower residence; no one present. Garage door closed. 8:52 am- Woman driving late model chevy pick up, crew cab, dark grew parked at curb, went to front door , unable to gain entry,. returned to her truck and waited for the business to open 9:00 am- Male driving white sports coupe parked at front curb. Subject was unable to enter building and returned to his vehicle. NOTE: Both male and woman drove away from Eisenhower residence. 9:10 am- Bower reports Buff in leaving the Obregon residence driving a red Cadillac. 9:15 am- Buffin arrives at Eisenhower residence, pulls into driveway, exits his red Cadillac, opens the garage goor and enters building. 9:24 am- Secretary, (Hispanic female) arrives driving a black Fort Escort and parks on the north. side of the building/ Secretary is carrying what appears to by a briefcase, papers and an artist type portfolio and enters the building through the garage. 9:30 am- No further activities at the Eisenhower or Obergon residence. Cooke and Bower discontinue Surveillance: 7-3-95 Bower on Assignment . 4:00 pm- Eisenhower and Obergon residence are choled and no movement or \ movement or activities at either location. 6:00 pm- Bower. discontinues stakeout activities. 7-6-95 Cooke and Bower on assignment. 8:00 am- Cooke at Eisenhower residence. No one at residence. Trash pick up day. No trash set out. Garage door closed. Bower reports no activities at Obregon residence. 8:20 am- Light blue vehicle, 2 door compact arrives and parks on north side of residence. Vehicle license plate is 2UR5587 Ca. 9:05 am- Light.blue vehicle still parked at residence. Female still waiting in the vehicle unable to gain access to building. NOTE: It was later determined that this female may have taken the place of the secretary who drove the black Ford Escort previous to her. 9:07 am- Male driver of Ford Bronco,white and red arrives and parks at front curb at Eisenhower and waits for business to open. 9:20 am- Bower reports from Obergon residence. A blond driving Buffins' Cadillac leaves residence. 9:24 am Buff ins" Cadillac arrives driven by a slender blond female wearing a baby blue jumpsuit, exits Cadillac and walks.to front door of business on Eisenhower. 9:26 am- Female parked in light blue vehicle adjacent to Eisenhower residence exits the same and meets with blond female out front. 9:29 am- Blond female leaves Eisenhower residence,failing to open building for female secretary. Secretary. remains standing in driveway in front of building. 9:33 am- Bower reports: Blond female returns to Obregon residence. 9:37 am- Bower reports: Buffin leaves Obregon residence and blond female retrieves empty trash cans from curb to residence garage . Bower further observes a late model white -Mazda Miata parked inside the garage. The Mazda license plate is Nevada license plate 28TPLS. 9:39 am- Buffin arrives at Eisenhower residence, meets -with secretary, opens the garage door,then both enter the building through the garage. 10:07 am- Buffin leaves Eisenhower residence 10:11 am- Buffin arrives at Obergon residence. Cooke and Bower break assignment. 7-7-95 8:25 am- Cooke arrives at Eisenhower residence. Secretary (blue vehicle) parked at north side of building. Garage door is open. No vehicles parked at residence, no activities. 8:38 am- Cooke arrives at Obregon home. Garage door is closed, window shades drawn. No parked vehicle or activities. 8:40 am- Cooke drove back and forth between both.residences and observed no activities. 9:35 am- Cooke discontinued assignment. 7-10-95' 8:00 am- Cooke and Bower on assignment. 8:00 am- Cooke and Bower observe light blue Nissan arrive driven by a Hispanic female at Eisenhower residence. Female approaches driveway, picks up two newspapers and unlocks front door and enters building. 8:15 am- Bower arrives at Obregon residence. 8:30.am- White Ford van and Toyota service truck arrives at Obregon residence. Toyota truck has sign on side of vehicle that reads "Pool Plastering". 8:44 am- Cooke at Eisenhower residence. Observes a white BMW parked at front curb and male driver enters the building. 8:47 am -.Male subject exits the building and drives away in BMW. 9:05 am- Male subject driving silver 4 door Ford parks in front of building at Eisenhower and enters building. 9:09 am- Male subject exits building and drives off in silver Ford. 9:16 am- Male subject arrives and parks at front curb of Eisenhower residence. Vehicle is a dark blue, 2 door sports model, make unknown. Subject exited vehicle, peered through closed garage window. 9:19 am- Subject in sports car returns to vehicle and drives away.. 9:35 am- Cooke arrives at Obregon residence and observed "Rommel) Pool Plastering" truck parked at curb. 9:39 am- Cooke drives by Eisenhower residence and.observes blue car parked in the driveway. The garage door is down. Cooke and Bower ends assignment. 7-10-95 Cooke on assignment 4:30 pm- Upon arrival, I observed a black 2 door Ford (lic. No. TORBJN3) parked along the side of the secretarys' blue -car (Nissan) in the driveway at the Eisenhower residence. The garage door was closed. 4:50 pm- Cooke arrived at Obregon residence.. The garage door was closed. The window shades were drawn and there were no parked vehicles outside 5:03 pm- Cooke arrived at Eisenhower residence. Two Hispanic females exit the building and talk awhile on the driveway, then enter their vehicles (black Ford and blue Nissan) and leave the Eisenhower property. 5:05 pm- Cooke follows both vehicles northbound on Eisenhower until they turn off onto Washington Ave. 5:10 pm- Cooke ends assignment. 7-11-95 Bower on assignment. 7:50 am- Bower observes no vehicles parked. The Garage door is closed. at Eisenhower residence. 8:03 am- Light blue Nissan arrives at Eisenhower. 8:06 am- Hispanic female approaches front of building, picks up newspaper in the driveway, unlocks front door and enters building. 8:15 am- No activity, no movement at Eisenhower residence. 8:25 am- Bower arrives at Obregon residence, no activities no movement. 8:30 am- Bower arrives at Eisenhower residence. No activities, no movement. 8:50 am- No activities at Eisenhower residence. Bower ends assignment. 7-11-95. Cooke and Bower on assignment. 12:00 Eisenhower residence has blue Nissan parked on the north side of building. Buffin Cadillac parked inside garage, (door open). Note:Cooke and Bower observe numerous home poster and photos to the inside wall of garage. 12:24 Cooke and Bower arrive at the Obergon residence. There were no activities or movements or parked vehicles. 12:29 Cooke and Bower return to the Eisenhower residence to observe late model chevy pick up, 2 door, grew crew cab parked in front at the curb. Vehicle observed on previous stake outs. 12:56 Buffin leaves the Eisenhower residence, travels southbound on Eisenhower turns right on Madrid and parks vehicle in driveway at 77-545 Calle Madrid. There is a sign posted on the.corner of property that reads "Power Broker" With a "Sold" sticker on face of sign. Buffin pays visit at above described residence. 1:02 Buffin leaves Calle Madrid residence to unknown destination. 1:06 Cooke and Bower return to Eisenhower residence. Buffin did not return. Parked crew chevy pick up is no longer, parked out front. The garage "door remains open. 1:08 Cooke and Bower end assignment. 7-12-95 Cooke and Bower on assignment. �Or 8:00 Cooke observes blue Nissan arrive. Driver picks up newspaper in the driveway and enters the building through front door at the Eisenhower residence. 8:08 am- Bower at Obregon residence. 8:17 am- Bower reports Buffin backs out of the garage on Obregon heading in the direction of the Eisenhower residence.' Trash cans have been set out at the curb for collection. 8:20 am- Buffin arrives at Eisenhower residence, parks the vehicle in the driveway enters the building through the front door. 8:23 am- A black BMW, 4 door station wagon driven by a tall grew haired male parks at the curb in front of the Eisenhower residence and enters the building. 8:43 am- BMW subject returns to the vehicle and opens the trunk and retrieves a brown object, ( brown in color and the size of. a wallet -observed by Bower). 8:45 am- Buffin exits building and parks a Cadillac inside the garage. 9:03 am --BMW subject exits the building and drives away. 9:04 am- Cooke and Bower end assignments 7-13-95 Cooke confers with Ton Hartung. The case is on hold pending the attorney. review. A PROFESSIONAL INVESTIGATIVE FIRM Sept.18,1995 To: Tom Hartung - Ref: City of La Quinta vs Thomas Buff in Dear Mr. Hartung, Pursuant to your instructions in our meeting at your office on June 22,1995, an investigation was initiated to determine*the activities at 51-340 Eisenhower Dr. and 52- 275 Obregon in the city of La Quinta and to further determine which location appears to be occupied as a living residence and which appears to be utilized for the purpose of doing business only. Surveillance activities were conducted -at both locations on days selected at random and various times in the morning, afternoon, and evening hours. Our surveillance covered nine days at eleven separate time periods. During this period of time our field activity logs will reveal that one of two Hispanic females believed to be secretaries of Mr. Buff in would arrive at approximately 8:00 am daily, and the daily arrival of Mr. Buff in between 8:15 and 9:40 am. Periodically, the secretary would have to wait for Mr. Buff ins' arrival to open the door to the residence located on Eisenhower Dr. Their arrivals were punctuated by "normal opening" routines such as picking up the morning newspaper,_ unlocking the front door so as to gain access to the interior and opening the garage door (Mr. Buff in). to expose the signage within the garage to the public. You will also find noted the departure time of Mr. Buff in from his home at 52-275 Obregon in the morning hours prior to his arrival at the Eisenhower address. A female who also resides at the Obregon address was observed in the a.m. leaving the Obregon address driving to the Eisenhower residence for the purpose of unlocking the building and allowing the secretary to gain access. Numerous vehicles were observed at the Eisenhower address either waiting for someone to arrive and open up for business, or the building was open for business for which the visitors would gain entry and leave thereafter. On Wednesdays it was further observed that trash cans were set out for pick-up at the Obregon location but no such waste cans were set out at the Eisenhower location. C-1- op i ()I II�tl OCT - 5 RECT BUILDING AND SAF=[:..`F v 619 345 4025 fax 619 360 1492 39 725 GARAND LN. PALM DESERT, CA. 92211 We initiated three all night surveillances and several mid -night /mid-day property checks of the 51-340 Eisenhower location. It was also noted that a third Hispanic female appeared to be employed at the site and that the original two we noted previously were no longer present at the location. Further, we have not been able to observe any females (employees) on property since Aug. 21, 1995. The following is a summary of observations in violation of the "special conditions to allow a home occupation at 51-340 Eisenhower Drive". Item #1. Dating from 6/28/95 thru July '95, Hispanic females believed to be employees have generally arrived in the morning hours to unlock and open business and would leave the property about 5 pm, not to return until the next business day. Item #2. Specifically the garage signage is displayed so as to be visible to all who pass the property on Eisenhower Dr. One rather large sign estimated to be about 4ft. by 8ft. is left propped up in the south/east corner of the garage and is visible to the public at all times that the garage is open. There is also a table present with brochures laid out for free distribution. There were no partitions blocking the view of signs on any occasion that WBA personnel were present on surveillance. It has been further noted that Buff in has -met with potential customers and then taken them to other homes in La Quinta to properties other than the Eisenhower property. Item #3. It has been noted and documented by W BA personnel on numerous occasions that the open house signs and garage signage have been displayed and continue to be displayed to the public while the office is closed during normal daytime operating hours. The garage is normally left open during daylight hours. Specifically, the "open house" sign is left at curbside 24 hrs. a day regardless of the presence of employer and employees. Item #A-' In reference to the question of someone actually residing (sleeping) at the residence, three all night surveillances were conducted on three separate nights chosen at random. At no time did anyone spend the night. Each night Thomas Buffin was the last to leave, locking up the garage door, front door, and placing the door sign in the closed position. All of the lights were turned out with the exception of the landscape lighting. On a fourth night the lights were left on but no one was present in the residence. ' Item #B: We also believe, based on our surveillance, that Buffin actually resides at 52-275 Obregon. Several times we have noted and documented Buffin returning there after business hours and leaving there in the mid morning hours between 8am and 10 am. It was also noted and documented that Buffin's Cadillac with Buffin driving arrived at 52-275 Obregon in the evening and remained until the following morning. A check of utilities showed that water service at the 52 275 Obregon address is purchased in Buffin's name. It is the opinion and conclusion based on the observation of the investigators that the structure located at 51-340 Eisenhower Dr. is the primary business location of Mr. Buffin while the structure located at 52-275 Obregon is the primary residence of Mr. Buffin. 11 Sincerely, 1 William A. Cooke Director of Investigations William Bower Associates, c MAR -13-95 MON 15:!25, 1 1 03/13/i9'35 14:12 15195641144 SSPIR�T'OS i_. I Law Ofrtees of NICHOLAS G. SPIRTGS 444$9 Town C,0(r r Way, Suite D-404 Palm Desert, CA 92260 i'larch 15, 1995 �1ichael J, Rubino.jsq i Al I, h Rubino 450 Newport Center ter. 5WtP 410 Newport beaCh, GA 92660 Via Fax and U.a. rlbi) Re; Thomas Duf f in/Power @rokers Dear Nr- Rubino - P. 02 F'AGE (619)564.2500 Nx (619).564-11441 We spoke to Mr. Thomos Ouf fin and other interested parties . concerning the Eisenhower home office over this past weekend. Mr. Buffin r'evievvell the draft of the conditional use permit provided to u'; by You on Wednesdag, Morch 8, 1995. Our client feels he cannot live anil work in the horne.in whicll he is leasing 8nd comply with article t'r' o of 1joyr draft of -the Special Conditions to Home Occupation Permit- 1 am aware of +jour concerns and the concerns of the city, however, this appears to ha+re ber ume g pw.rsonnl animus between Mr, Buffin and. the Code enforcement 0(ficiols. It hes come to our at tent,ion that there have been numerous model homes in the rove area further' removed from commercial zoning, which had glass door's Nrrcictsin.1 the garage rather than opaque doors. These were left. unesseiled Ute the Citic d(ld its officials, Mr. Ruffin suggest, that the city consider permitting coi)ditionol use Dome off ices with trensperent or open garage doors on main tti��roughteres such as Eisenho•, er near ct�mrnercial Zoning. These. will not prcivide a threot to public health, and safety and will only encourage the sconorn'ic deyelopment of. greater Le Quinta. Horne offices of this nature.'are, occurding to code, permitted in tract developments. It would appear thiel this aright be o discriminatory dublic,policy against home offii:;es where the developerY do hv( have sufficient capital io 1 -nest the ion. ''IL is our position that it would be in th;ia IJOW ltiterest of all to negotiate a reasoneb1e.en:ci-Corrrrnercially wo*kab)e MAR -13-95 MON 15126 03/13/11395 14,12 1615564.1144 P. 03 Pe"GE U t` Settlement to this.Qispute. ter. Ruffin'however; standS ready to litigate the matter at whatever level it might beco,md necessary, Stenda'rd§ of reosonobleness rather than arbitrary determinations without e'true rational basis should command this situation. � i ,fie await your response and counter proposal. Sincerely, cc: Thomas Ruffin Nicholes G. Spirtos NGS/t)5 p f • -.% MAR -10-95 FRI 10:22 P. 02 Atrorueys at T.avv 450 IVEVVP0A1-CEiN7 LR ORIVE' SUITE. 4 10 NL'•WPOTIT BEACH, CA 92660 TELT;:PI 10114!-- (7'14) 729-4420 C)IR[';C:1 LINLL (714) 729-4424 MIC 1.1 A.I"L3. P,QB(N0 FAX(714)729.4.128 March 10, 1995 VIA FAX AND REGULAR MAIL Nicholas G. Spi.rtos, Esq. 44489 Town. Center Way, Suite 0-404 Paim.Desert, Cali.fo`inia 92260 RIS: 'Eisenhower, Dear Mr, Spi:rtos: Your client agreed to follow the special conditionsi handed to you on March 8, 1995. This included that the garage door would remain closed at all times. Your client has faile'l to follow this condition. PlOase have your client .foll.ow a'�l conditions until the matter can be re:�ojved. Further, ,it has come to the attention of the City that this may not be..your clients residence (ie., where he sleeps ai: night, has his meals, etc.) Please provide the City proof of his residency at 51-340 Eisenhower. Additionally, the monthly rent was ' left blank on the Residential Lease you provided. P:,L ease inform the City of the monthly rent and the person to cor'itact, including his or her phone number, at Sterling homes reg.'irding your clients lease of'the prem.'es. Any inquiry regarding ,t12is matter may be addresses +:o the Law Office -6f Alt & Rubino, 450 Newport Centex Drive, Su.i.te 410, Newport Beach, California, 92660, telephone number (714),729 4424, in care of Michael. J, -Rubino, Esquire. Very truly yours, MICHAEL J. RUBINO 111JR/db cc*, N.C. Don Whelchel, Code Enforcement/ Building Specialist • <:;;1�1'RI'I'L'1LAQIAUF'PIN:LTT( 2. 3. 4. 5. 6. 7. T-iht' 4 4Quudw - - - RAFT SPECIAL CONDITIONS TO HOME OCCUPATION PERMIT 51-340 Eisenhower Drive, La Quinta. A 20 -feet by 20 -feet net clear opening. must be maintained in the garage area for vehicle access. The vehicle'garage door must remain closed at all times except during ingress and egress of vehicles. On-site signage is limited too, and may not exceed one (1) For Sale sign not to exceed 6 square feet, and one (1) Open House sign not to exceed 6 square feet. Any broker or agent while present at the above mentioned premises may not conduct business pertaining to other sites. All brokers, agents, entity or persons. conducting any open house or performing any services on the premises, located at 51-340 Eisenhower Drive, must have and maintain a current City of La Quinta business license. The licensee agrees to make the premises available for inspection during normal business hours upon 4aw hours oral or written request by the City. No business of any kind may be conductea at the site with members of the public. The one and only exception is for, open house showing regarding 51-340 Eisenhower Drive. 8. The licensee agrees to maintain and to furnish upon request of the City, a list of all persons or entities that visit the site for the purpose of the open house operation. 9. ti ALT &. RUBINO Attorneys at Law 450 NEWPORT CENTER DRIVE SUITE 410 NEWPORT BEACH, CA 92660 MKAIAF_LJ. RIJ131N(.-) March 14, 1995 Mr. Thomas Buffin 51-340 Eisenhower Drive La Quinta, California 92253 TELEPHONE (714) 729-4420 DIRECT LINE (714) 729-4424 r FAX (714) 729-442 VIA PERSONAL SERVICE RE: Immediate Cease and Desist Order Dear Mr. Buffin: This is to advise you that the OFFICIAL NOTICE -AND -ORDER TO CEASE AND DESIST, previously served on you on March 6, 1995, remains,is in full force and effect and you and Power Brokers must immediately stop all business operation from 51-340 Eisenhower Drive. If you fail to obey this cease and desist order the City will file both a misdemeanor complaint charging you with violating La Quinta Municipal Code sections 9.208.010, and 9.42.020 among other sections and request a Temporary Restraining Order requiring you and Power Brokers to cease all business operations from 51-340 Eisenhower Drive. As you and your attorney are aware, as reflected in your attorney's letter to this firm dated March 13, 1995, model homes are not permitted by Code in the Cove area of La Quinta. Further, the City is not aware of any of the alleged violations of the La Quinta Municipal Code, you have cited in your letter of March 13, 1995. Please inform the City of any model homes located in the Cove area. The City will investigate any of these potential violations. Further, your attorney Mr. Nicholas Spirtos has informed the City that you are not presently living at 51-340 Eisenhower Drive. Before you can apply for a Home Occupation permit you must have established residency at that address. The City has been more than reasonable and now has no alternative but to cease all operations by Thomas Buffin and Power Brokers from 51-340 Eisenhower Drive. Your cooperation would be greatly appreciated. Q \W RITE\LAQ\DUFFIN 1. LTR Any inquiry regarding this matter may be addressed to the Law. Office of Alt & Rubino, 450 Newport Center Drive, Suite 410, Newport Beach, California, 92660, telephone number (714) 729- - 4424, in care of Michael J. Rubino, Esquire. Very truly yours, MICHAEL J.' RUBINO MJR/db cc: Nicholas G. Spirtos Tom Hartung Mr. Don Whelchel, Code Enforcement/Buil'ding Specialist 0 Q%WRITE\LAQ\DUFFIN 1.LTR CV T4'�t 4 4a Qumt 78-495 CALLE TAMPICO — LA GIUINTA, CALIFORNIA 92253 - (619) 777-7000 FAX . (619) 777-7101 OFFICIAL NOTICE AND ORDER TO CEASE AND DESIST March 6, 1995 Mr. Thomas Buffin D.B.A. Thomas Buffin and Associates D.B.A. Power Brokers Real Estate P. O. BOX 134 77-836 Calle Montezuma La Quinta, CA 92253 Reference: OFFICIAL NOTICE AND ORDER to immediately cease and desist all violation(s) of La Quinta Municipal Code pertaining to unpermitted land use in an SR -I zone as well as business activity prohibited in a residential zone pursuant to Home Occupation Permit requirements referencing, but not limited to, foot and vehicular traffic, location and office size -within a residence, employees, signage, etc., all of which now exist at 51-340 Eisenhower Drive, La Quinta. Mr. Buffin: This letter will serve as an OFFICIAL NOTICE AND ORDER to immediately cease your Real Estate and Brokerage business which is now in operation by your own admission during our conversation in regards to these issues -on March 2, 1995, at- 10:00 a.m. at 51-340 Eisenhower Drive, La Quinta, California no later than 5:00 p.m. Thursday, March 9, 1995. You were verbally notified on March 2, 1995, that you were in violation of Municipal Code requirements pertaining to land use, as well as allowable business activity located within a residence in a residential zone and were advised at the time that the verbal notification was an Official Order To Cease and Desist your business operation as such. Pursuant to this NOTICE AND ORDER, you are. ORDERED TO CEASE AND DESIST your business operation within the specified time frame and\or you are requested to contact Mr. Tom Hartung, Director of Building and Safety to arrange for a meeting, within that time frame, for the purpose of discussion in this matter, but under no circumstances are you to continue your business operation at the referenced location beyond March 9, 1995, unless an agreement is reached and agreed to by all parties concerned which would conditionally or unconditionally extend the ordered date of business closure. MAILING ADDRESS - P.O. BOX 1504 - LA OUINTA, CALIFORNIA 92253 Mr. Thomas Buffin March 3, 1995 Page 2 If you fail to comply with the requirements of this Notice and Order within the time frame as specified, the City of La Quinta will immediately pursue all avenues of Legal Remedy to gain compliance to the requirements of all Municipal Codes that directly pertain to this matter. All Municipal Codes pertaining to this case are available for your review and copies may be obtained by you or your representative,upon request, for a minimum copy charge per page. In the event that Legal Remedy becomes necessary to gain compliance and that remedy is found to be in the favor of the City, all administrative costs of said Legal Remedy will be billed to you for reimbursement of those costs and failure to pay may result in additional costs incurred for collection of same. As time is of the essence in this matter, your immediate and timely response to this Notice and Order will be appreciated by all concerned parties. You may reach Mr. Hartung during normal business hours (8:00 a.m. to 5:00 p.m. Monday through Friday) at 777-7012. . Respectful , Don Whelchel Senior Code Enforcement Official BUILDING AND. SAFETY DEPARTMENT c: Tom Hartung, Director of Building & Safety City Attorney _ 7 MAR -15-95 WED 13:37 �y Law 011 -ices ai NICHOLAS G SP RTOS 44489 Tuan Censer Wiy, SUIfC D-4014 Palet Dcsro. CA 92260 11dIl11 15. 1995 tlichael ..1 'p0triti, rskj X l t S� lluhi!11 450 Newport Center C,r uiie 41,l Newport 8+3aC.11 i�A �1i=92660 Via Fox Re, Thomas Buffing f -ower brokers Dear t-ir, i± utj i no P. 02 (619) 564-25()r) Fax (619) 564-1144 a arj,^j in receipt of your litter directed to Mr. Thomas Boffin on This dote, Mr k UI'Tin transmitted s coptl of the letter to me; although the SUDS010 uh yout- lett; r indicated theft .1 would be receiving a copy it i5 pi'r;silr(i d, by reason bnd the isw, that I would have recetUed from gorar` office 6 copq 0( the same time You dre aware that Mr. Duffin is represented, ;jrjci should act in ar;c.ordance therewith. We hdve reviewed our letter of March 13 to you. No where in th+5t letter- was.0ere an indication that Mr, $uffirl ores not currently living in this home: G'my (hat he had not rnoued in all of his household goods dud to flee +'itg',, p�.rsecution. We t -,ave competent witnesses that will testifij that there hav,. been model names such as those we described in our lettertin existence in the Le QL11r)t0 core over a period of time. These witnesses will tesi_ifiIk►St +,hey were never- persecut-d try (he city. Mr, buf fin is willing to negotiate a reasonable settlement to thi"s matter. gine Sllr_h poi,entlal resoluti.vn might be for him to move his op rational fol tors into the: lrurn.e; leaning his garage door ©pen only v,+'ith the ciisploij, MAR -15-95 WED 13:37 ' Our f;jilure to of far a counter proposal in this matter does not bode well for, the City of to Quinta and its legal representatives. We, on t-rre other hand, are continuing with due diligence, to resolve this Issue. 5i nG?r"21 �, Nicholas G, Spirtos cc Thomas buf f in vie fax f;`-'rs P. 03 MAR -17-95 FRI E: .A UJ- & RUBIN(7 Athirticy's at. I. -v 4 17 NES,/P',>>a'1 C,EI••.I'1 ER O JIVE l -!ITE 4 10 NGW`C)RT BEACI 1. CA 92660 MIC JAEL.l: IZUliINIC) P, 02 TELEI;'HONE (7 1I1) 729-44?0 DIF2('C.,'TUNE(714) 72) 44211 I-AX(%14) 20-4428 March 17, 1995 VIA FAX Nicholas G. Spirt.os, Esq. 44489 mown Center Way, Suite D-404 Palm Desert, California 92260 RE: 51-340 Eisenhower Dear Mr. Spi„rtos: As you are well aware your client is in violation of the special aonditi.ons handed to you on March 8, 1995. Our (:office attempted to personally serve you'at or near the time thi: city served your client. However, the address listed on your card was similar to a Post Office Box .and we were unable to pe'rsorlally serve you.- Please provide our office with the physical :Location of your office as soon as possible. This is the second i:'equest for this 'information. I In our telephone conversation you told me that your client was not zesiding in the residence and was waiting to mov(�. in until after he was able to secure a hone occupation pe)rm:i.t. This information was not derived from your letter of March 13,,1 1995. Again your client may not, conduot any business for 51-34111 without a home occupation permit. Even if a home occupation periilit is granted to your client he will not be allowed to run his' real estate office out of this location as it is zoned as a sl.ecial Residential Single -Family. Further, you have not responded to our request to'provide the City with the monthly rent your client is paying for,the property located at 51-390 Eisenhower. The monthly rent:was left blank on the Residential Lease you provided. once again,the City requests tii,e person to contact, including his or her phone number, at Sterling homes regarding your clients lease of the premises: Your failure to cooperate i,n these matters hay made the situation impossible to resolve. Cc��4'{i I'1'L'11�t1\I3 U1`)'IN21.L'1'R vY 'MAR -17-95 FRI 10:09 i Should you have any questions, please do not; hesitate to call. Very truly yours, MICHAEL J'. RUBINC MJP./dZ) cc: Mr. Don Whelchel, Code Enforcement/Building Specialist P. 03 { fVRFFO1L QI13UPP1N21,LTR i f 1 MFOX o it Af-+dv M 95 s i c, a•• ��-....APP_G�C�A*ca r _. _ .. (Cl I s 4T- ..srV 3 CC s QVC 4 Am TT "as -- --- Jv�i— 2 t�v.t,N eo �t. _. �-�'�� c.a� �vo� /Cv.i /�•coc.�,rsi - �ow�--. 1 -- ` div �C.l_._�_..L.�-_� v_cN�'A._ c � ! 11�� .�+.9�1��v�1 .___�N(�iILC,.�:.�er►. ... _ w rr ` hr5 _tk-�j �t _ �. U�iti2.¢a� ec �• •�G _..C'.�i a �... _o 04- -e v eo•i'f.'. O14 -�cd`���o.wa s_ .__ai�._ _`A-....►.��v'�a--�..v._nr��,c,_P�1'r ,�dc�C..... S C C•1 c owe i r • �.. 0 ZO NJ E s. Gly c 2C .r. CZt s _ -. 2 L (A'.4t .•.. ac C.,. Ao-Yc o (� _ ... AaSeNess--- d.PCcil.A_tC/S_ %I-rL., - 0� .._�eGS_ t.,/'ic.q.l .ZvNe. �40- -Al J IC�c �• .f S _ �i� _GCNS�CO _ �Z/ V tiC _��r 12! Q�C�I.� A %Z c ,moi Fs JA je ..��si,jesr ..4- r- `7 78'3 6 A vE �• coq a...� C 72— a .� .L a-.GZ .. ,.arta • .. _- ..I 4<,r . M2.. /34 4.4.5 A o ) afL/Ce ��a�1, IVv �c(��rf/J 1 i'iE �c �v 4-A.,r,E d oFi PgA%s IVS I A.W l PG 2 .. 95 s i c, a•• ��-....APP_G�C�A*ca r _. _ .. (Cl I s 4T- ..srV 3 CC s QVC 4 Am TT "as -- --- Jv�i— 2 t�v.t,N eo �t. _. �-�'�� c.a� �vo� /Cv.i /�•coc.�,rsi �9 a- 4-0 �SL e 01,14 If --. a Ac -C. < < l y s , .�a d,2 �.wlfzwc,�.2 �,.�,4. s.�41 v, r ei o c e-S_S '�!` Q✓l Nq .__�J t s _ �N� 1 /f. (�-..._Q� Y`[ �'.� Of�"� ` J q .4ac#j! d4.._ oAAr 2vµ . _ --._ .1 .3 [{p ...Ff-S,e~ l co it -04. a.. 0.4xa4 �., _ i t 9 S r_T ..WA -S - .ole- v/ -Ac -'g 4�Qv A,., e ---f/42GQ ✓a'T ..V N4- �c S_GN.� vw-t�K.--%oG.o�►-i['�o N .• 3 _ - C�.� M Al c� .. � � _( `L .4 .�/ ---CJ��-•�-�-�_ ._.G...,,-5 ----M a�1 � ..w_ L 7!�. ------._.. _ AA J_� [. N �_.c,,., �..�_(G �_.� 1- �.. �-r __CC)^ -- - __B y _ __rM2: _.��-I`�[.I� S _ate N I�_�s_ss_1.c•.��=i'Z-�1.. -�iL . we4s lMacJ� y� i A.12 Vf -4 57CA!4 vo• rto �4.t . v s .A/C -S -J" tJS ` Ce, Pie, o`tS.r. 2f � A• -M �/E .. w0N=,Y al 3 o CL I./ s 4. •4'T- [S rtyPe al /g✓J);,,,cs-J cA tA-tc(.✓n.i U -V- 7- ej ,o JX CV•`, l �G EN'►L^:�fS I ��"`G. VCv�ri-i�coN •E`2"„I• ��.-s �E {-I;s .:._./�✓1 ,Awl� sS o/�Ln ,a[d,.� ,t�f— G1•.�-s Lour`��d,.� --1 p �j Y. M z . /�,, _tra, l c� . eo,..�t +�,T _A N 7 .o .�T'il•� c t"v��r 1�✓5 ll'�L ��tr�c!i�-._ A [�,�� j ._�eLh�S t f4i-s . Wr,�.4*cdN _ ... _ . _ f4o� � ..a [v _ i�1 a a.�.�, _....6f 1.4 ?.5�., � � . _. � � G�� .•+. war-._1��2 sow-�vl (r -- ----- - - -. �e-2 vc✓J .-w.:'fa�... _.�� . _.1�1�i c �q.� . IVv�i.�r ..f4,�� ..QR, d.c� __`Eer _ �.+-.rc -Aso D.._(Oss[st'... -- �u✓i►.c. _ i (.G a.� A -S ._.. _.�_.�[ **Tos F.S sl . _ Ao v ..IA _ McCt( *' _A 4ILAn��/J .:..1�.�.... i4 l � .._-CdNc-,c2�t;ro P,o.�,�.�.4. e 0 IV'4�- - 6 • -�7- .. G M A 1v�.. _ �. ( q r - Mc ��[ �-y Al i- -.R ✓ AKS., wks Ca •.. D w.� 1r- T _6 c - -ot4c 7 i •.- R�rn 611641A, .4a el.,,,OLf, cv.�rl, VC -1, IA>Ad a 2 C- .4-C i. • D N . M a1 c,�, .. 3 1. Y .T sem, 14 iCa . _ w as S e...—_ -}-. /Lnia.� 02 ✓/j [ti p� g y / S P, /L s .�s • / ✓. S ru. �d.�• .��. IBJ r(rl�1�i � r� ..�sse.�c�� ��/�1'S ��i �V.S'�NS a 7L,L VP,r C-ta I Ca~ d&'4f-CJNr 40N-s..P�Rs�e,,,�2� � D - ��! ..,M�►2C/�, _._._I �f y....J 9_9.S� _� A 5tr-.v..� N!lltot 4n/* .__ S'tsT .._l�✓Ms ._�ii�.SoN __ et2 � M2.Cc) Ry Gv*4 �a��c� - AS wcll r4 s i�a�Q� � �A. --...SPS [e.`�os ..�t'e� • _ J Pg y CAL , S ry r Nl /� A,A- CA .._ a P2 4 A-+ as � l S _�3 ✓S I •..+ �G SS ._ .... .... �� .d_✓t,..J.c,�r �, C°� s�-s� d�0 ��s� s� L L-r.7�t�1 �ri-.c.�-s�--1%r�.a.l3.e►-1.17, _1 �+.ILa.c.P_..+ig _..—B�4s�4.__on,.'j'L�c s .. M4 •---i�.�.�..;... wr�s I Ya. c oNAA ��s sT deo itis N� -fit _r,✓�s ....A-9a,�, ._13-S �� I f '� � � �✓ �.� �A•ti Q �'�.. d � e L,aiTc vN j l � .wraS �' S o nn 17�s �O./csS 0?,t ae'4c.d,.r iib "'rIA& RcstDrNc,� up - c.q 0 00 y `1= A C , 1 WAS - S a �900� ' p✓i' G�2 E (/l/A-S . -A00' a iA - +c fNt cit2 2� s.��gA,oz C ii.A.� 4s,,- kf.-Y`K c,,-, . _ C. ft 4S _ IVdT. 84r.,~g A,-jto ._..._i s __Q a • : �a..r IFT ��`�� o..N_� '�Go't-!1, _..L✓PrS ._Nc/�+n. �„tiav-j -___P� �'��./ZLJ F .. .-ArtiJl A ft 0 AA, t- S'>tivw,�y ��-�.�.da A�lvc.��«,^;) l4 vt! o�� ... _/44 E 14,,., w �►.s ...�.o?- ../�i1,�s e.�l' Tltc o.t.. Atio Rr- 140SA L t< I le 03 .._1� IA— s c - r . _..---_J��-�.owtd---/��I.I---Acc,tr.s.__.:.b ..fie ._�N�cQ.e .�n,�r,.C,�•�, .off 7�e - - �(2 '- (��`,' NIA��-�. �� 1 q'�� ..aMR.. �.►CiL,�.. c�+4s ..�ss��L� �4 R.� ��-t�p,.i aN �1 i s'� l��.l,'►� Ste€ e_La�td�,cs res �2 t S L_y !N1 e n c d r, 0 T G✓a-s ll/a � A-N� Qv �..� �.,JF�p A;r- .. S 'ting, 71 % j— -fkE /A./ -/t d2 ._ _Ivy �- � 2 e. s �•��.. a�`_ ._.Q�+.C.. � o`�y-c � � , d �'�,. "s ._ ���'� . Nao ..-Rr c4v _. SPR-ct/t Q.s Ly .._ _, 04"* K.44 __45 A44 Cc.7C we e ( ..ps P��-sa N •► wc., Aj 0_1 kJOV 4J OAQ, Neer_ T 14.S Qry 0 it.- 10A tot OT IA./ A S 10,T­rAr" 4. .0 e S, 1,0 C of N!. 404 .4v (A, t7rt, lt2,ci k ,Ar e --CtJv- .-Ate _Now _0 C_ A-^10 C C_ cp lot Ors-)�4TC_ Ovfte*A- CacLt_ 2C 'LA, I- IS A.C*4,,—UA— CU�,� 4 Olt - Also LA -4, -A- skits. 1-Y _S ,v it, .9fTfAA Jr 1 MAR -31-95 FRl 9:00 P,02 03/31/.1995 03:.54 16195541144 LAW OfficeS Of 44189 Town Center Way, Suite D-404 Palm desert, CA 9264 march 31, 1995 SPI'PT7S NIC1, . LA$ G. SPIRTOS rlichael ,J, Rubino, Esq. alta. Rubino 450 Newport Center Dr. Suite 4 i O Newport 8?aeh, CA 92660 Vi0 Fox grid U.S. P1ail Re: Thomas Buffin/Power Brokers Beer Mr. PUbino: PAGE 02 (619)564-2500 Fax (619) 564.1144 The City of ,,a quinte, its,egepts and, sprvants, have cited W. Thomas Quf f in for misderneenor criminal violations of its Municipal Code 5elctions 9.42.020 and 9,208.010. Tnis was pone 1n spite of the fact that Mr. Boffin has .made every reasanaUid effort to.compiy with your proposal of M,iirch 0, 1995. These actions have awlqWed� the ponderous leviathan of crim lnal prow ehd bathe 'me with tMe full panoply of rights attendant to a crimip'gl defendant. these rights include, but are not limited to, the`right to o jury trJal; reciprocal dis60vertg; confrontation of the witnesses $goinst him throi,igh the process of crUSS examination; end the plethora of others. a Mr`. Butlin may also phcose to avail himself of the civil proce.i;s for injun�tiV� relief. He believes; and kuld argue, that the statutes in question ere IAKOn.Stitutional or invalid os written (Wga1e.rV. HerbEirrt 0 , (19 152 Cel 224;'Conoygr Y. HaHal1 (1974) 11 Cal 3d 842). Mr. surfili would olso.argue That the. City was attempting to enforce an unconstitutional law or than it4 a3ppl,icetion of what might be s valid law, violated his rigi-,Its as guaranteed t0, all citizens Dy either the Federal or State Constitutions (HV. Super r>k Superior Court (1930 12 Cal 2d 605). In order to reach a viable and workable reconciliation with the City of La Qui,nta,'and td avoid otherwise inavi,table litigation, Mr. Buffin proiposes the following. MAR -21-95 FRI 9:01 P. 03 ;i 03/31/1995 06.54 16195641144, SPIRTOS PAGE 03 ,S 1 -That, pursuant to La Quinta Municipal code Section 9.208.0;10, et seq., Mr,BUffin be granted permission to engage in the lawful occupation of the sale^ of real estate by himself and his co-habitent. A. That this occupation be engaged in within thei confines of the Dome boundaries, as defined by law, including interprctotions of statutory and constitutional notions of privacy, 2Jhat zoning ordinance 9.42.020 be.expanded to permit the 0-:6,e of a home occupation which includes the sale of real estate. This would only be A minor piodification of subsection'F of this ordinance to be read with -0bsecti,or1 C Read in this Manner, Mr, euff.in's residence, which bdr{ders on at,herwise CgMMfirsially zoned properties, WQUld be only a minor ��siliahce in its use m: Ion enclosed reel estate brokerage occupation, i mr; Buffin stands ready to negotiate the details of this conditional Usa permit, including the dismissal of the cri,minal complaints. He ff'whits your counter proposal. Thank .gou in advance for your sirncere attention to this escalating �i�cer�iy, 1 J Nieholas G. Spirtos cc: Thomas 8uf fin NGS/ss f. r APF"' 3-1351 MON 8:55 II 1 �D2� 3 4 5 6 7 8 9 10 MICHAEL J. RUBiNO, State Bar No. 132235 ALT& RUBINO. 450.°Ne4ort Center Drive, Suite 410 New�o`rt Beach, California 92660-6441 Telephon' (7'14) 729-4424 FaX: (714') 729-4428 Attorneys for laintiff, CITY OF LA QUINTA P. 04 [Exempt Govt. 6103] SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF RIVERSIDE , CITY OF LA QUINTA, a muni,Cipal. ) Case No. 07921;, corporation, ) 'a DECLARATION OF GREG Plaintiff, ).TROUSDELL IN SUPPORT OF EX PARTE APPLICATION FOR VS. ) ORDER TO SHOW (',AUSE RE } PRELIMINARY INJUNCTION AND WILLIAM THOMAS BUFFIN ) TEMPORARY RESTRAINING individually and dba THOMAS } ORDER. BUFFIN AND ASSOCIATES/POWER ) ' BROKERS; and DOES 1 through 50, ) Date: Aprilo ,995 inclusive, ) Time: .8:30 a.m,. ) Department. 200, Defendants. ) I, Greg Trousdell, hereby declare: I. I am an Associate Planner for the City of La Quinta, plaintiff in this action. I have personal knowl.edgE. of all matters set .forth in this declaration, and could testify to them if called upon to testify. 2. On or about March 1, 1995, William Thomas Buffin doing business as Thomas Buffin and Associates/Power BrokE:.rs began operating a business from 51--340 Eisenhower in the City of La IQuinta, \\\ 1 ' C;\WP1)0C5\LA0\8UFFIN.DGT 11 ]_ 2 13' 14 15 16 17 19 20 21 22 23 24 25 26 27 28 MICHAEL J. RUBiNO, State Bar No. 132235 ALT& RUBINO. 450.°Ne4ort Center Drive, Suite 410 New�o`rt Beach, California 92660-6441 Telephon' (7'14) 729-4424 FaX: (714') 729-4428 Attorneys for laintiff, CITY OF LA QUINTA P. 04 [Exempt Govt. 6103] SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF RIVERSIDE , CITY OF LA QUINTA, a muni,Cipal. ) Case No. 07921;, corporation, ) 'a DECLARATION OF GREG Plaintiff, ).TROUSDELL IN SUPPORT OF EX PARTE APPLICATION FOR VS. ) ORDER TO SHOW (',AUSE RE } PRELIMINARY INJUNCTION AND WILLIAM THOMAS BUFFIN ) TEMPORARY RESTRAINING individually and dba THOMAS } ORDER. BUFFIN AND ASSOCIATES/POWER ) ' BROKERS; and DOES 1 through 50, ) Date: Aprilo ,995 inclusive, ) Time: .8:30 a.m,. ) Department. 200, Defendants. ) I, Greg Trousdell, hereby declare: I. I am an Associate Planner for the City of La Quinta, plaintiff in this action. I have personal knowl.edgE. of all matters set .forth in this declaration, and could testify to them if called upon to testify. 2. On or about March 1, 1995, William Thomas Buffin doing business as Thomas Buffin and Associates/Power BrokE:.rs began operating a business from 51--340 Eisenhower in the City of La IQuinta, \\\ 1 ' C;\WP1)0C5\LA0\8UFFIN.DGT 4K-"'3-95 MON 8: 54 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 MICHAEL J. RUBINO, State Bax No'.' 132235 ASST & RUBINO 450 Newport Center Drive, Suite 410 Newport Beach, California 92660-6441 Telephone: (714) 729-4424 Fax: (714) 729-4428 Attorneys for Plaintiff, City of La Quinta P. 02 (Exempt (:.ov' t . § 610 3 ) SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF RIVERSIDE CITY OF LA QUINTA, a municipal ) Case No. corporation, ) DECLARATION OF JOHN RISLEY Plaintiff, ) IN .SUPPORT OF l@.X PARTE APPLXCATION FOS; ORDER TO VS. ) SHOW CAUSE RE TRELIMINARY INJUNCTION AND TEMPORARY WILLIAM THOMAS BUFFIN ) RESTRAINING OR)aER. individually and dba THOMAS ) BUFFIN AND ASSOCIATES/POWER ) Date: April 1995 BROKERS; and DOES 1 through 50, ) Time: 8:30 inclusive, ) Department: 206 Defendants. I, John Risley, hereby declare: 1. 1 am an Accounting Supervisor for the City of La Quinta, plaintiff in this action. Y have personal knowledge of all matters set forth in this declaration, and would testify to them if called upon to testify. 2. Chapter 9.208 of the La Quinta Municipal Code requires that every application for a home occupation permit, be filed with a fee of thirty-five dollars. It is unlawful for an.y person to operate or carry on business activity .in a resident:Lal zone Without a valid home occupation permit. C:\WPDOCS\LA0\8UFFIN.DA 21 3 4 5 6 7 PI 9 10 11 12 13 14 15 1 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Mr. William Thomas Buffin has neither applied for a home occupation permit nor paid the necessary thirt;;,-five dollar fee for such an application. —I declare under penalty of perjury of the laws of the State of California that the foregoing is true and eorre&'`.. Executed this day of April, 1995 in La Qu:i.nta, California. JOHN RISLEY 2 C,t\WPDQCS\LAQ\BUFFIN.DJR .-1-APR- 3-95 MON 12,31 1 2 3 4 5 6 7 811 9 1 10, 11 12 13 14 15 1.6 17 1s 19 20 21 22 23 24 25 26 27 28 P, 02 MICHAEL J. RUBINO, State Bar No. 132235 [Exempt G;Dv't. S 6103] ALT 4 RUBINO 450 Newport Center Drive, Suite 410. I Newport Beach; California 92660-6441 Telephones (714) 729--4424 9 4428 Fax:,° (714) 72 Attorneys for Plaintiff, CITY OF LA QUINTA SUPERIOR COURT OF THE i STATE OF CALIFORN]'A FOR THE COUNTY OF RIVERSIDE ° s e CITY OF LA QUINTA, a municipal ) Case No. corporation, ) DECLARATION OF DON Plaintiff, ) WHELCHEL IN STJy?'PORT OF EX PARTE APPLYCAT:tON FOR VS. ) ORDER TO $HOW. (y,AUSE RE PRELIMINARY IN:I'UNCTION AND WILLIAM THOMAS BUFVIN ) TEMPORARY RESTRAINING individually and dba 'iHPMAS ) ORDER. BUFFIN AND ASSOC`.IATES/POWER ) BROKERS; and,,DOES.I through 50, ) Date: April 6,{1995 inclusive, ) Time: 8:30 a.m; ) Department: 201'1 Defendants. ) I, Don whelchel, declare: am a Senior Code Enforcement/Building S1;)ecialist for `i the City of La Quinta, plaintiff in this action. I,have personal knowledge of all matters set forth in this declaration, and could and would testify to.them it called upon to testify; 2. Thomas Buffin and Associates/Power Broker,;; is a business located at 51-340 Eisenhower, in the City >f La Quinta. 3. 51-340 Eisenhower is at a busy thoroughfa:t'e in the City of La,Quinta and is a highly visible location. i 1 C \WP00CS\SAG\8UFF1N.DDW RPR- 3-95 MON 12:32 P. 03 1 4, Under Section 9,208.01.0 of the La Quinta Municipal Code 2 any violation of the home occupation permit requiremiants of the 3 La, Quinta Municipal Code is a violation of the Code,j�nd every day 4 during,wbich the violation occurs constitutes a sepakate offense. 5 Pursuant to Section 1.08,050 of the La Quinta Municibal Code I am 6 authorized to issue citations for the violation of tke provisions 7 of the Cgde•. The Defendants have been in violation �j�f Chapter 8 9.208 of the Code from at least March 2, 1995. ° 9° 5. On March 1, 19950 the Code Enforcement Department for 10 the City of La Quinta received information from a concerned 11 citizen that Mr. Buffin dba Thomas Buffin and Associ,Ates/Power 12 Broker's was in the process of relocating his entire ;office from 13 77$36 ,kvenida Montezuma to 51-340 Eisenhower Drive, 14 6. On March 2, 1995, 1 observed the moving of office s 15 egpipment, office furniture, etc., into the garage a,f the 16 Eisenhower property., Thereafter, on March 2, 1995, �I made 17 contact with Mr. Buffin, and he,informed me he was Moving his 18 entire real estate office to the Eisenhower locatior�,.° Then I 19 verbally warned Mr. Buffin,that.the Eisenhower loeat,i.on was not 20 zoned for Business use in the manner that Mr. Buffiri desired and 21 th4t such a business would also be violating the hole occupation 22 provisions of the La,Quinta Municipal Code. I then informed Mr. 23 Buffiri that he would have to cease and desist all b�siness i 24 operations at this location and too contact Tom Hartung, the 25 Builditq and safety Director for further guidance ori this matter. 26 7, On March,6; 1995, Mr. Buffin had neither Seased 27 business,operation.s nor contacted the City of La Quj+nta which 28 obligated me to personally serve on_.Mt. Buffin an "(WF'ICIAL 2. C;;\WPDOCS\LAW\BUFFIN.PPW :APR- 3-95 MON 12:32 P. 04 I NOTICE AND ORDER TO CEASE AND DFSIST". Attached hereto as 2 Exhibit "A" is a true and correct copy of the OFFICLkL NOTICE AND 3' OADER'o `r0 CEASE AND DESIST 1 served On Mr. Buffin on 'larch 6, 4 1995. 5 On March 8, 1995, Mr. Buffin, his attorney'Nicholas I 6 Spirtos, representatives from the City of La Quinta find La Quinta • i 7 city Attorney Michael J. Rubino had a meeting at the'Eisenhower I S location.. At the meeting Mr. Buffin again informed,:he City that 9 he wad still running his business out of the Eisenhoiaer location. 10 This bias plainly visible as the garage was set up as'a zeal 11 estate, office with many pictures of listing on the wills, office 12 furniture including four desks, photocopying machine`, FAX 13 machine, phones at each desk, file cabinets, etc. Tjke garage 14 door yas open and the public was free to walk in and do business. 25 �Lt that meeting Mr. Buffin agreed to follow all; Special �p GQnditiona to Home Occupation Permit until the partil,as could 17 attem't to work out a solution without the need for joourt 18 intervention. Mr. Buffin was informed that if he failed to 19 follow any of the terms listed on the Special Conditions then the 2,0 cease'; and desist order, which remained in Effect, wal'uld be .21 enfor,ed. The Special Conditions were given to both; Mr. Buffin 22 and hts attorney. Attached hereto as Exhibit "B" is,,a true and • i 23 correct copy of the Special Conditions to Home OccuP;ation Permit. 24 The Gity of La Quinta was attempting to try to ;meet the 25 needs'of Mr. Buffin without allowing him to relocate, his real 26 estat,T office to the Eisenhower address and with a way to verify 27 that fir. Buffin was not conducting his real estate business from 28 the Eisenhower location. Th;s,•is especially important, as Mr. 3 C:1,wPD0CS\LAQ\BUFFIN.DDW -APR- 3-95 MON 12:33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15' 16 17 18 19 20 21 22 23 24 25 26 27 28 P. 05 Buffin was informed, because other real estate profepsionals are aware of the situation and have hinted they would like to do cometh ngasimilar if Mr. Buffin is allowed to contin4e his present course of action. 9.. -Thereafter, Mr. Buffin did not live up to :11is agreement to follow the special Conditions. Mr. Buffin continued to conduct his business from the Eisenhower location anei with the garage door open. This was after a warning from the.City Attorrf_y for the City of Tia Quinta that Mr. Buffin w4s not in compliance and had to immediately stop doing businesy from the Eisen4,bwer location and comply with all terms stated in the Special Conditions. ,10. instead of complying with the Special cond;Ltions and requesting a home occupation permit, on March 13, 1905, Mr. Buffiji through his attorney informed the City of La 6uinta that he woia,d not comply with Special Conditions. Furthejp, Mr. Buffin through his attorney informed the City of La Quinta ithat he was not J'ving in the home•and was,waiting to see if the situation could be resolved before he moved into 51-340 Eisenhpwer. jl1 On March 15, 199,51 I personally served Mr. Buffin a second Notice and order to Cease and Desist. Attachl�d hereto as Exhibit "C" is a true and correct copy of the Notice,and Order to Cease.and.Desist Z served'on Mr. Buffin on March 14,'1995. The City of La Quinta attempted to personally serve his !ittorney but was surprised when the City went to personally serve him at the address an his letter4ead,and discovered this addresos Was a Mail IBox etc. business. The City then served the second notice on Mr. Buffin',s attorney by $oth mail. and FAX. The City has since 4. C:'►WPDOCS\LAG\BUFFIN.DDW RPP 3-95 MON 12;34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21. 22 23 24 25 26 27 28 I' 1 requested the actual business location of opposing c,i=sel on at least three occasions without a response. ,.12. - Qn •March 16, 1995, 1 noted that Mr. Buffin, was still ,m e � operating his business at the Eisenhower location. I:n connection with,the unpermitted'use of the Eisenhower property ,IC issued a citation (#1172) to Mr. Buffin for violation of the JIa Quinta Municipal,, Code. Sections 9.42.020, and 9.208.010. A t;t.ue and correct copy°af the citation is attached hereto as E;chibit "Q". .i On March 27, 1995, 1 noted that Mr. Buffin,was still operating his business at the Eisenhower location. ?[n connection with toe unpermitted use of the Eisenhower property issued a second citation (#1174) to. Mr. Buffin for violation i)f the La Quinta,Mupicipal Code Sections 9.42.020 and 9.208.010. A true and cortect copy of the citation is attached hereto pis Exhibit � -observed -that the business had been moved ini:o the house. All three,bedrooms of the house were set up with of,Lce furtl#Vre, including telephones,.FAX machines, photoOopy m4chip%s, at•least one computer and file cabinets. ,.There was no evidence of household furnishings 4ln the entire house, such as beds, couches, chairs, kitchen applia:iices, etc. A0ditjonally; throughout the home there were numerou,; pictures and Pk,ochures showing or advertising many other -home;; for sale and/or, to be built at a pxospeative buyers request. Qn this date Mr. $uffin was not present. Howevfir, a Mr. p4ul,K4rsten was there and identified himself as a ri0al estate asso6i,4te of Mr. Buffin. Mr. Kirsten granted the Cit -y full a0cess,to the home. Mr. Kirsten informed me that Mr, Buffin was not living in the Eisenhower location. 5. i C A0PD0CS\LA4\BUFFIN.DDN ..RPR- 3-95 MON 12 34 1 2 e o 0 3 4 5 6 7 8 9 10 11 1.2 13 14 P. 07 i4. On March 284 1995, I rioted that Mr. Buffin was still operating his business at the Eisenhower location. ',n connection with �t4e unpermitted use of - the ,Eisenhower property !X issued a third citation (#1175) to Mr. Buffin for violation of. the La Quinta Municipal Code Sections 9.42►020 and 9.208.010. A true and correct copy of the citation is attached hereto 'its Exhibit "F". The interior of the house was the same as I heti observed on March ?7, 1995. On this date Mr. Buffin was not pre'6ent. However, a Ms. Cecelia Mghseninia was there and ideni.ified himself as an associate of Mr. Buffin. Ms. Mohsenin,;La had previously stated, at the March,$, 1995 meeting, that: she lived in the home. Further,.there.was a large sign in-the;.dining area that identified_ the property as T4omas Buffin and Associ4tes/Power Brokers. 15. On at least two.49casions t went to the site of Mr. Buffin's former real estate office at 77836 Avenida ;Montezuma and prominently displayed on the.inside of the glass ent;i-y door was a letter on Power Brokers letterhead which stated."We are now located at 51340 Eisgnhowero (1 block South of Keedys 'White sante Fe Home)". 16. Attached as exhibit. "F," is a true and corr4bct copy of my interoffice memo to the City Attorney Michael J. iltubino that accurately reflects my• obsgrvati,ons and was made in k.he ordinary course of my job and made at ox near the time of the„events. 9.7 it is, my belief that Mr. Buffin will contiittue to operate their business in violation of the Code until they are restrained from doing so. 1$. The continuing violation of the La Quinta Municipal 6. r•�ironnre�i an�eueetu nn�.i 15 16 17 �: 18 19 20 21 22 23 'l. 24 25 26 27 28 P. 07 i4. On March 284 1995, I rioted that Mr. Buffin was still operating his business at the Eisenhower location. ',n connection with �t4e unpermitted use of - the ,Eisenhower property !X issued a third citation (#1175) to Mr. Buffin for violation of. the La Quinta Municipal Code Sections 9.42►020 and 9.208.010. A true and correct copy of the citation is attached hereto 'its Exhibit "F". The interior of the house was the same as I heti observed on March ?7, 1995. On this date Mr. Buffin was not pre'6ent. However, a Ms. Cecelia Mghseninia was there and ideni.ified himself as an associate of Mr. Buffin. Ms. Mohsenin,;La had previously stated, at the March,$, 1995 meeting, that: she lived in the home. Further,.there.was a large sign in-the;.dining area that identified_ the property as T4omas Buffin and Associ4tes/Power Brokers. 15. On at least two.49casions t went to the site of Mr. Buffin's former real estate office at 77836 Avenida ;Montezuma and prominently displayed on the.inside of the glass ent;i-y door was a letter on Power Brokers letterhead which stated."We are now located at 51340 Eisgnhowero (1 block South of Keedys 'White sante Fe Home)". 16. Attached as exhibit. "F," is a true and corr4bct copy of my interoffice memo to the City Attorney Michael J. iltubino that accurately reflects my• obsgrvati,ons and was made in k.he ordinary course of my job and made at ox near the time of the„events. 9.7 it is, my belief that Mr. Buffin will contiittue to operate their business in violation of the Code until they are restrained from doing so. 1$. The continuing violation of the La Quinta Municipal 6. r•�ironnre�i an�eueetu nn�.i 9. 2 3 4 5 6 7 8 9 10 11 12 13 14 1.5 16 17 18 19 20 21 22 23 24 25 26 27 28 Code is highly visible and it, is likely that -other b,iisinesses in f the area will see the use of the property and may de,(,ide to violate the Code. The City of L4,Quihta is aware.that other real estate professionals are aware o>r the situation and Jalan to violate°the°1aw.� In that case, it will be very difficult for the ,City of La Quinta to enforce the,applicable Code requirements. 1 declare under penalty of perjury of the laws j:)f the,State of California that the foregoing is true and correct,. .Executed this dray of April, 1995 in La Quipta, California. e D0�1 WHELCHEL 4. 7. C;(\WPDOCS\LAQ\BUFFtN.DDW APR -21-95 FRI 14:25 04/21/1985 11;50 16195641144 Law gftitts of ' 44489 Town Center WAy, Suite d-404 Palm Desert, CA 92260 , April 21, 1995 SPIRTOS N�CHOL.AS C}, SPIRTOS Michael. J. Rubino, Esq. Alt & Rubino 450 Newport Center Dr. Suite 410 Newport,Beach, CA 92660 Via Fax Re: Thomas Ruffin/Power Brokers P. 02 PAGE 02 (619) 5.¢44500 Fex(6l9)564.1144 Deer. Mr., ,Rubino: b This WiII confirm our telephone. conversation the mornirig of this lake, wherein we agreed t.o meet at the offices of the Citji- of La Quinta on Mondpy, April 24, � 1995, at 1 diM a.m. to resolve the' 'pending ;matters.: ; . Addressing the items ralsed, in your letter of April 14, 1,995, Mr. Buffin responds as follows: Item #1: Mr. Buffin will comply with this request within] the con�tralnts of, his rights to priya, y, and ,freedom of speech and �ss,pdation guaranteed b ' the Uni ' 9 y ted Seates and California C�ns�it�,,t+cons, as well.. as the Contract Clause to both of these, d�c�i,menS. Item #2: Mr. Buffin agrees within reasonable computatio�l of the ,square footage of living space of tho property in question."i Item #3- Mr. Buffin agrees within reasonable limits, 11 ,Item #4: Mr. - Buffin will r,ovide r p. , appropriate documentati,lm. Item, #5: Mr., Buffin and Ms: Mohseninia find this demand t, > be sn' ihvesion of their privacy. € 1 A 1' r APR -21-95 FRI 14:26 04/21/1995 11:50 16195641144 SPIRTOS Item #8: M$. Mohseninia .will provide documentation, I P. 03 PAGE ,09 i Item #7: See Item # 1, above, t Item #8; Nqt relevant to instant , proceeding. This matt3r has been r9solved with City Attorn`y, Dawn Honeywell. r , Item #9: Will Permit. reasonable access upon forty-eight hours notice 'during business hours, # .'As. 1, am certain you are aware, the use of the threat of 1 Gr,imirtal prosecution to gain an advantage in civil litigation i;i; both illega('artd unethical. I am,:certain you are resolved to abandc�'n this approach.' We wish to conclude this matter within the constraints of the' law' and the ,constitution, but as you will note, the State c;l Caii f&nr i� , it$elf, has lost 'two, significant decisions before the Unit d ,Mates Supreme Coyrt thjs past week dealing with Fin't Amendment chilling ,effects in a'. commercial context. i 'We are looking forward to,coming to a reasonable finali:zation of this ,matter on Monday.` Sincerely cc: Thomas Suffin NGS/as `NichTai. Spirtos i } ,i 2. ALT & RUBINO Attorneys at Law 450 NEWPORT CENTER DRIVE SUITE 410 NEWPORT BEACH, CA 92660 MICHAEL J. RUBINO April 14, 1995 Nicholas G. Spirtos, Esq. 44489 Town Center Way, Suite D-404 Palm Desert, California 92260 RE: 51-340 Eisenhower Dear Mr. Spirtos: TELEPHONE (714) 729-4420 DIRECT LINE (714) 729-4424 FAX (714) 729-4428 VIA FAX (619) 564-1144 The City of La Quinta is attempting to work with your client in good faith to resolve the current situation. In that regard, and in order to resolve this situation without the need for further litigation, the City will waive any current pending criminal charges. Accordingly, your client need not appear for arraignment on the dates listed on the three citations issued to your ,client.. The initial permit request for a home occupation permit has been denied. However, the City would-be willing to give your client a home occupation permit if he would resubmit the application, this time with the Thirty -Five (35) dollar filing fee and agree to the Special Conditions transmitted herewith. The Special Conditions should be attached to the application. By attaching the Special Conditions to the application your client would be agreeing to all the Special Conditions. The City desires to keep your clients business within the City and believes it has made every effort to take all parties needs into consideration. Should you have any questions, please do not hesitate to call. Very truly yours, MICHAEL J. RUBINO'` MJR/dib .. ,.. . cc• Tom Hartung c-D_an-'_-Whe-Tch- e-137 CITY OFLA 01 "NITA Enc. APR -17 RECD I3UILDING AKf&6WQ1,\BgPrN3.LTR APR-26-95 WED 15:22 P,02 Attorneys at LAW • 'i 450 N�WpORT C5N'r'ER DRIVI, SUITE 410 raI• NEWPORT BEACH, CA 92e60 TELIHON E (7 t •1) 729,-4420 DIRE�;T LINE(714) 729-4424 MICHAEL J. RUBkN0 FAX (714) 729-4428 i April 26,,' x.995 VTA FAX (619) 564-1°144 Nicholas P., Spirtosy Esq. J 444$1 Town Centex Way, Suite D-404 'Palm Desert, California 92260 a RF: 51-340 Eisenhower i } I Dear Mr. $girtos: Encl9sed,please find the revised.Spgcial Conditions: ,regardin4' the above entitled property.' 04r office has al;tempted to ftilxy aid accurately re�iect the agreement the partie6 reached an April �4, 1995. Please review and make any necessary;! revisions, t,4 tie SOecial• Canditi:obs., ,If r o revisions are' necessary ;t 1e�i provide the &ty ,with,',the necessary docuZents, apPiicati06:with the Special Co44iti6ns attached signifying your clients agreement along with 'the thirty five dollar filing fee. Please su^it,the application to the` City as soon as pos,oible. ThanX you for your cooperation in this matter. Shot(ld you havO any•qu'est;ons,, please do nQt hesitatei to call. y Very truly yours, 'i MICHAEL J. RUBINO MJR/db CC'. Mir. Don Whelchel, Code,Enfo,rcement/Building Specialist I' nWRTTEILAQIEUFFIN4. LTR MAY- 5-95 FR I 9:30 N11 C.tjAEL,1.,aR��B,ixvo May 5, 295 A►I..T & RLTBYNU Attorneys at 1.$w 4150 NEWPORT CENTER DRIVE SUITE 410 NEWPORT BLACH,,CA 92660 VIA FAX (619) 564-1144 Nioholas,-G. Spirtos, Esq. 44489, Tcwrl 'Center Way, Suite D-404 palm Desert, Cailtorn.ia 92260 r - I' 1 lo TELEPHONE(714) 729.4420 DIRT:CT L.INE(714) 729-4424 FAX (714) 7?.9-4428 RE:,: 51-340 Eisenhower Dear Mr. spirtos: Enclpsod pleAse find the revised Special Condition4 regisd'ghg the above entitled property. our office has made the revis Qns'that'we have agreed upon. -!please provide the;tity with thenec ;s,5ary documents, application for Home °Occupation;''with the Special-'Cgngitian's attached signifying your clients agre16inent along with the'tltty five dollar filing fee. Please suomit the above required. documents and application directly to the'Cit'the soon as possible. After,the required documents ani application are submitted our, office will file a' dismissal of the pending civil su it. Further,;the City*�iil not prosecute for any alleged criminal violations•`and your client does not need to appear.at this previ,ously•'.noticed arraignmett.s.4. Th nk you for Y your cga;�)eration it this �atte�, Should you have'")'please d+ ,s not- hesitate'ta call. very truly yours, MICHAEL -J. RUBINO y MJR/db cC: Mr, Don Wbelcj�el, Code Enforcement/Building speciala,st Enc. ;. C;1Wk b7P-us1 Q1U UFFW4.iTR MAY -'5-95 FR I 9:30 P. 03 t7F+Y— —5Z FF!I 8:15 CITY OF LA 0UIa77N 6x97777011 P.02 Special Conditions To Ai1ow A Home Occupation At 51-340 Eisenhower Drive, La Quinta, Pursuant To La Quinta Municipal Code ` Chapter 9.208 Section 9,208.020 N, Purpose sod Intent: The Special Qonditiotis contained herelp are p-14ndato,y in order to allow a real estatelbroker business to be operated within fine i?oundari s of an SR Zane (�esidezitial) Iocated at 51-344 Fasenhowt�r r3rive, La Quinta as requested by mas 3uf5 DBk Thomas Buffzn and Associates/Power Er'okera; The.c,9nd4i6ras is het forth, are,essential in that they wi11 mainWin the integrity of the Cit37's aoninS requirements related topeific' uses ,af a private re.1.sidenGe located within the boundaries of an 'established residential -naighbor apod,'ss'well 4s tp protect the;rights individually, as well as a whole, of'the r`t�sidents of the City by providing aqd ' and tilt rninimu n sta>7�I s to safeguard and enhance property values, to protect private inve nent in private bomb Ownership 4s,well ,as undeveloped property to maintair4'lie Overall integrity of resider7tiel iteighuorhoods with the City ;and to prorirote slid maintain a, peaceful cornn'iu'ity onvironmeni by safegu rdin 'ttte lie lth, aaFet'y` and welfare of the public jngeneral. On several r�codt'%gsits to the referenced, property, it hss been noted and documented by Cii:,y and County officials that Customary iterns'nOrally foundIQ exist in art occupied home were tot present and visible, such as, but not Iupit d to, iErds, dressers, bath accessories nd,reiai6d items suck Ps towels, linens, etc., srri;di kitchen appliances silve�v ee, g 4$ fire, diriin$ t4ie and, chairs,t Ievisioris, lin g room couch(s), ehairs(s)' and table(s), lasnp(s), throughout, clothes; Washer slid dryer, etc. In addition, the t+ Wcles known to Won to Mr, -Thomas Bufiin and Ms, Cecelia M ,- g a oh.�eninia have not been ohse ved,9't;thc,)"isenhgWer to"cation ddrin$'What would narrrially be referred to as offhqurs or after business hours and t6'acid;t6 that, no vehicles of apy 0cdptiron hove becri observed during those'i>ame periods ofti. me, These abservatiri bave been dAne On'numeraus recent occasions since March ] st, 1995, by scveral City Staff members that are i'arr�iliar with t e currentiusiness activity and are also familiar with the F►ersonal vehicles used an a to lae basis,by � ,puffin !rid .Ms, MQhseniaaia, These observations by City Staff' havi: occurred as a result of utilising Eisenhower Drive as a primary, opass street in a :d out of the oove area to the normal course of condyeting their bw,n priYete and personal errands, etc. B&W on the previous WbrYn. o ibh, it appears as, though Mr. Buflin and Ms. Mohseninia niay share a difference of opt in, regards to,wtiat;he City W' *0-Uld tlornrWy Constitute a full time residency based primarily on heir lack of alt dance at the IE iserill9wer Drive lMtion'{�s well as their apparent Lack otneed fc�;r the bare necessities of hous•,ehpld itenii it� pre�ipu'sly mention, rrids� o which woul i h opinion o y, vital and required d be, n the o int o f the Cly' in order,to r'riaintain,a a t' ie oc u ane p. c D y, as well as full timE, In addition, the City has been. appr9acbed by-otl�et parties that are fairziliar with Mr, Bufiies current business activjzies at theiser�hower' loeatirn,and those parties have expressed it similar desire and ,interest in occupying private est ences,thr'ougbout the City for #h� exclusive purpose of operating an on site refit! estate safes �of�ce, as will as to'setup 'i iodei Bore pituations, bath of wNch are in direct conflict azth perxrvtti;d home uses witlun a residential sone. ` i MAY -'5-95 FR I 9:31 P. 04 r1ky- IFRI 9:20 CITY QF LA 0,VINTA 6197777ti?11 F. 03 Based on the facts as, zrientioned, coupled with lvir. Puffin's request to operate his real estate/Broker business from the referenced location, the following c9nditions and requirements shall be required and 101 be titled "Special Conditions, 0 I ecar ", Vis' allowed and iii addition to the standard requirements of the H'pme Occupation ;and Criteria and pursuant to La Quinta lvluniclpal,6o a Chapter 9'208 subsection 9:208,020x(, • ,z Item # 1. I� No Qna 'ober titan the legally established resident and/or residents shall be eril,ployed, while at the premises; foj,the' urpose of conducting frits}ness in any fashion and/or as related to the business of selling and/or sho*iiig of the ;rel"erenced property, In a'�dit�on, na person(s), other than ilit residents) shall be directly 6r, ectly inyplved on the premises as a real estate sales person, ernd/& 1, mortgage broker or • !i acting is,a general of ce employee. Item 42. The home business occupation shall be operated exclusively within the enclosed p 11 -tion of the structure and shall iiot exceed t 'etlty five (25) percent,of.the total area of the structure, Item #3, All ynusO, Anor euess office 9piptnent such as, but not limited to, desks, chairs, popiers, fax machine, supplies, file'cabets, phones, etc., shall be, rexnpved from all locations other than t;fle Brea ehasert as the A a<r� iAOWin thtr garage. Any an&ll storage' of Ace equipment shall be limited to being stored o 'tlie p arms@s or the jidrtbcrh area of the garage or any interior area of the 'dwelUg• Regardless of the storagealgcotign selected, all stored,9mce egtiipmeht s,all be stored in suoh'a mai ner as to render said equipment tunusable', at that location, at all times during the storage duration. i In the ev"-that the north side orlhc garage area is tete selected office location, then 'it shall be mandatory Oat the eh Giq ac es garage door rethairt closed �t au times while the office is beim; utilized as such,;and the jn$ress and'egress of prospective home buyers, interested exclusively in the Eisexikiower property, shall be limitedrta the, dwelling entry door, ` Regardless„of tho type, of use that may be applied to the north section of the gar,sLge area, the primary garage arca,shall be maintained with a full, twnty (20) feet by twenty (20) feet net 'Ilear area at all times to allow the p'arlung and/ar storage pf`vehicies. i Item #4. ' A, Qri�ioal and legal docuMents shall be provided to the City in order to clptertnine actual legal dcc►ipancy ofthe referenced dwelliri$, In, order to determine legal occupancy, the, City requires a written agreeilaent and/or contract, igl w asld dated by the property owner o£ record which would clearly indiCiite that said property owri�.r agrees i4tl . the proposed use o£the'property as a business location as proposed by Mr. NO* An agr• ement and/or,contract, as requested; written and/or issued bya persgn with a legal 'y -j :) MAY- 5-95 FRI 9:32 P,05 — • a 1 9 ur L1-4 k1o.y i r.4 1 H 619777701 1 P. 04 ,power of attorney giving undisputed authoritx to act in this manner pertaibing to the referenced property will suffice. 44 $ , Irk the event that Mr. 13ufn is a sublessee of the property and the prope;4y is primarily rented and)o{leased to anokher (secohd) party as iias' been stated by Mr, Bufii1, then the agreement betyveen the owner of F"Or and t�e f;rst, ' dloi primary renter/lessee slu'A also be provided to tl}e City -indicating approval of a sublease and that the owner of record apjiroves of the business activity that Mr. Duffin has proposed, C, Due to the fact that Cecelia Mohs,eninla, has indicated that she is co-habitrrtins with Mr. Buf}in at the Eisenhower location,' Aid i~ assisting 11fir;,Ruffi,n in his real estate/broker business, the City will Ir, eq►�ire that tits, molrse wua show prootof residency at the Ei$enhowk:r location. , Item #S. It has been noted that Mr, Budin has ,stated that Ms,, Mohsenmia will be assii,ting him in his real tstate/Earolc0, usiiness at the refere' ced 1p�wion, and that she is a licensed real estai�e agent fir the State of Califo'r'ni,4, Based, on that statenie4t, Nts. Mp6enin.ia must provide the., City will verifiable docurfientation as ta'l�e current State Lieen§e status and in addition, Ms. Mohsenitiia must obtain a City business llp �Si as 46, independentteal.estatpsgent pifrsuant to La (Quints Munioipa1,Code requirements. Itern #6. ,i All pictures, pamphlets, and brochures related to, currept,real estate sales activity, ei storn homes built to suit designs;'shall be removed from rel locations.except the selected internal office Brea. However, Mr, 134910 shah tie allowed to have on the garage wall' pidtures not listed above. None c►f these pictures may t11akA teferenee of af�y land t0 matkEtabiXity. Additionally,'alInsignage related to real 6 -tate shall be stored, at, all times; out of sight jp the garage and Behind the partitions at the north side, of the garage and completely out ofpublic view. The City shall ma3rtt the;right to have access, withojit notice to the edge of the garage: Further, Mr. Buffin'inay have walk in persons regarding'the 'ohouse at 51-340 Bisenhow.or T3rive, but no other customer$, or busines$'with the public may be coN.ducted, The single eacceptian sliaYI be that Mr,, u# n, while in tie proces's of showing properties at lockians other than the propdAy at 5,1-34Q Eisenhower Drive, mai► return ty referenced Eisenhower property for the limited purpose a#' $howtn thoso intereste4 individuals other listings of properties. Ho�y'ever, all signing of doGuthents, rtgardirig the We and/or; trai�ste r' of any'interest in real estate propertir':s shall be done at a location othcr than the referenced Eisenhower local ion. I' The purpose of these requiromms is based on the fact that the referenced properti� is advertised as on .open hous6 and Mj1 geripize foot ti4jcG fr�rr the gezte�al public. In addition, Citi Home Occupation Itegtiit crner fig pro ibit 'a home busiii ss that is open to the general public and prohibits all activity involving and including sales except mail order sales,, . Due to the fact that Mr, Duffin is requesting to operate'a real estate sales and brokcr'l7 sines from tho same location, as an open hiiuse, this restriction would, in e�'ect maintain the pwpose'iUid,intent ofa horhe occupation. , MAY- 5-95 FR I 9:33 P. 06 MfA1'— °5-95 a`,RI 8:22 CITY OF LA Q,U,IN'rA 6197'777QI i i P.05 Item #7, The residence at 51340 Eisenhower, -Ddye, when advgrtised, in any fashion, by Iver. Butlin as being an open house shall be subjected to the re.plotipns pursuatat to La Quinta Municipal Cod -t. Section 9,212.100, s'ubseotiori 4, speCi�cally, the open Wuse sign is to i e'displayed during daylight,hours only and only �ylten 4 ro tor, seller or agent is in 'attendance,at that $c property. However, if the signage, as mentioned is displayed when a Realtor, S. lleir`or'A90t is'riot, in attendance then the referen6i',d property Must be Rased, ort°code requirements as weal as comnton,sense, the City feels that i:aforcement of the 46rem.ont*ed regulations is Self explj4tory in that it greatly reduces the invitatipri of residential crime such a burglary, l?ome ritrusion, petty teft and vandO! 5M. • The City feels that it has' an obligation to the QgRm,unitj ,tp decreaae and/or prevent suGh,crimes i'rom occurring by the enforcerhent of these as well as ocher pertinent regulations. Item #8, the event that tbo dwelling is deleted fi•om Mr. Bu$in's open house curriculum, at'my point in time, and iti .the event .that tate City, Meting either on a registered coaripfaint and/or determined through other means, tit there is'reason;'ble capse to believc`tha viatation'or 4olatioais exist, with a tvienty-four (24) hour itptice; 1Vlvndsy .thxqugh Friday, betvjeen the hours,'of 10:00 a.m. and 5:00 p,m., ,may enter onto the property to i,a- ect the dv1aing for:cgmpli4nac to a11; Municipal Code requirements puirsuant to Municipal Code,'section.l1.72..040,allowing the'right, ofentry based on the belief that a publk'c nuisance exists in refet•eri a ltd subsequent to the req*ernentsvf.La Qui4a Municipal Code section 1.1)1,250, subsections A: x.13. •� Noti&Ation of inspection $hall be by attachttient of a Notice Of intent to the front dgor and/or, Personal So • 'i Failure to comply,with any and/or all of ihe,above conditions volt/ be a default of this agreement and the Home O ap tion er,nit.' ,�'i default witl result in'revocatipn ohhe Horne Occupation Permit. Further, any failure to revoke the Home Occupatioo,Permit for afty defog will not constitute a'waiver o that iiefault or any other defaolt, condition or special e0nd4ion, City df La Quints 'Home occupation Licensee 'J MAY- 5-95 FRI 10;17 • 051P�5/15j5 10:,57 Law Offices of 16195641144 "9 Town Ceciter Way, Suite D-404 Pidn) D4seri, CA, 92K6p May 5,;1995 SPIRTOS NICHOLAS 0, SPIPTOS Michael J, Rubino, Esq. Alt & .Rubino 450,N , owport Center pr. Suite ;410 Newpdq Beach,,CA 92660' Via Fax Re, City of t Y --s Th as Buffin 1. Case Na,..Si`616 P. 02 PAGE 02 (619) W-2300 Fax (619) 564-1144 Dear. Michael, ,, Ne have reviewed the material you transmitted to us by fax this , morning in ;resolution of the above referenced. matter., Ii; appears to he 00tirely in accord with our agreement, 1 °will nransmit thes6`rratorials;"to Mr. Buffin with necessary directions.' Thank you', on behalf of ourselves and our client, for th�5 effort vyh+ch ypu displayed in helping to bring this matter to resol4don. I hope ve ,can work together again for the improvement of the" civic body. t Sine ,rely,,' Nichol��'r:�5p rtos� i GC. Thomas Buffin NGS/as MAY- 9-95 TUE 13:56 P.02 Avr & RU.BINO I AtttlrrWy& +st Law i 4GO NEWF'UFiT'CENTGR DRIVE r SUITE410 NF-WPORT BEACH, CA 92660 I tzLt. P'HQN E (714) 729-44'20 DIRECT ONE (714) 729.4424 MICHAEL J. R. TJP ,NO. FAX (714) 729-4428 o I i i p , j May 9, 19,05 VIA FAX (619) 564--1144 i Nieholas P. Spirtos, Esq. .4489 'I'QvSri Cexltsr' Way, Suite D-404 I Pal�iOe� sett, California 92250 RE: -51-340 Eisenhower Dear •Mr. 'Spirtos: This:*letter-is a follow,up to our letter of May 5, 1995. To date'thd'dity Yeas,not received the necessary documents, I . applioat�an, 6c Home Occupation with the Special Conditions attAg4ed, signify. your cl'ients agreement along with the thirty five; c oJ.iar ��irtg fee.Please submit the above required dd6p" ents and'appzication dit.ectly to the City as,soon a.s possibly „but; Ti no event lAter, than Tay ,12, 1995. As yq�'u are 4w4id' thp' Cita;, helieves your client' i.s" presently in viol;Ation of the %a,ruinta,Municipal Code for each day he does not ha.�ve the requiec ,permit . 'Further, our office received'a telephone call from 'Your office' ili t• your client Would, t4ke care ,of this matter n:0 later ' thin Friday- May 1. 1 1993.,, your attention and cooperation regaeoin'g.'this matter would be appreciated. Should you ,nave any questions;t, piease do not hesitate to "call. Very truly yours, f . MICHAEL J. RUBINO Mn/db 1fr.: Don,Whelchel, Code Enforcement/Building Special;Lst i ' r I °" C:\WR1TE\LAqNBU1T1N5JLTR MAY -10-95 WED 9:56 0: 43 i 6195E,41144 SPIRTOS Lak% ofrtce$ or NICHOLAS C. SPIRTOS 44489wn Center NYaY. Suitt D -4f,14 P. 02 PAGE 03 A rain.) D.CS.01,. CA 92 : 260, (619) 5b4-25(0 Fu (619),564-1144 May 10.1 1995 Michael' .J,, Rubino, Esq. AIL k,"466in�o 450 N�'",IpQrt Center Dr. Suite ,410 Newpor.t Beach, CA 92660 Via Fax k e. �uinp s Th mas Dear ,Michael: As yve stated in our telephone Conversation with your ')ffice, Mr.' Bpffj.�� WjIl k-�ve all necessary dopuments and the filing floe fiend e;rO-d't6 the City of L 120 Lar Quints by the close of business Mail,' 1995, re meeting with Mr. Ruffin'ihis afternoon, If the'le are 9 VV e 9' qny p6bl'em'5, we will notify You'immediately. Sincerely, 'Q� tCp'�IM2 - IFtos cc: Thoriias Buff - !n MAY -15-95 MON 15;41 ALT & R. u ri I N'O Atto►-iu:ys xc l:.t�.v 4.50 NEWPORT CENT!<R DRIVE SUIT E s to NEWPGAT BEACH. CA 92660 MIC;I-iM_-LJ. RUBINO y TELE:FIHQNE(7,14) 722-4420 DIF�E,'.T LINE(714) 729-4424 ,3 FAX (714) 729-4428 •9 i May 15,,,x$95 VIA FAX (619) 564-1144 .+ Nichplas Gf spirtos, Esc. 44489 Town Ce:ite„r Way, Suite D-404 ; Palm,'Deee�t, California 92260 ! RE: 51-34o Eisenhower l , Y Jear Mr .. Spirtos : .This,lettgr is in response to your letter dated May 15, 1995. although the City would like to see the original °) the documents r"egi3e,sted this will not h' any way delay the • i;;suance o£ 'Ho�np`Occupation Permit to your,q�ient.. However, the?; City is alr' ady Poncerr}ed with .your client aptloAs. when the Cii;,y pexty todayreal-estate 1ril, he,prpthe' signs where ',out of sightaspecteps requited ]�y o4r • agre4ment.' , hater in the day they: real - este', sign's were in plain view' From 'the street.' This i;* unaC eptab e an'd a"continued violation will result in the; rqvoc on of any dame oc09PatiQr�, peri}it issued to your �-lient. Your;.Attention and cooperation regardjng thio mattez would beapp �'piated., Sh�uZd 'y,ou have. any "questions, please do not hesitate to call. i very truly yours, MICIiAEL RUBINO� MJ'R / d,b c.c: i+T darn t�helchel, code Enforcement/Huilding Spec.iali,ot � " C:1WR['1'$1I,AQIBUFP+N, ¢.LTR 2. TERM: The term commencing. - 3. RENT: Tenant ag hr-b1U1-IV I IAL LCA-JIZ ' THIS 18 INTENDED TO BE A LEGALLY BINDING AGREEMENT - "FA I CALIFORNIA ASSOCIATION OF REAI.TORg9 (CAR) ST.A4FF � � 1 nant and Ten t be for a p6iod of to,6av a total rent of RCAREFULLY:_- _-�,:,`' L( 1s�� Landlord, and Tenant, agree as follows: hires from Landlord the "pre " described as: 3 y D Inventory of peron I propperty, if any, to be attached. and as follows: 19 . e� 'Rent Installments are payable in advance. 4. LATE CHARGE: Tenant acknowledges that late payment of rent may cause Landlord to Incur cos s and expenses, the exact amount of such costs being extremely difficult and Impractical to fix. Such costs may Include, but are not limited to, processing and accounting expenses, late charges that may be Imposed on Landlord by terms of any loan secured by the property, costs for additional attempts to collect rent, and preparation of notices. Therefore, if any Installment of rent due from Tenant is not received by Landlord within /-Q calendar days after date due, Tenant shall pay to Landlord an additional sum of $ ,C—a as a late charge which shall be deemed additional rent. The Parties agree that this late charge represents a fair and reasonable estimate of the costs that Landlord may incur by reason of Tenant's late payments. Acceptance of any late charge shall not constitute a waiver of Tenant's default with respect to the pastoug, pmoynt; Qr prevent Landlord from exercising any other rights and remedies under this agreement, and as, provided by la 5. PAYMENT: The rent shall be p 6. SECURITY DEPOSIT: $ as a security deep' O hao been regolved,•(_andlord may use therefrom such amounts as are reasonably necessary remedy Tenant's default Ip the payment of rent, to repalr_darT ages' caused by Tenant, or by a guest or a licensee of the Tenant, to clean the premises, if necessary, upon terrnlnation of tenancyf onij• tq replace or return personal property or appurtenances exclusive of ordinary wear and tear. If used toward rent or damages during the term of ti�ancy,Tonent pgreeS to reinstate said total security deposit upon five days written notice delivered to Tenant In perg9n;or by mail. No later than two woeh� after the..Tenant has vacated the premises, the Landlord shall furnish the Tenant with an itemized written statement of the Basis for, and the amoudt:of, any security received and the disposition of the security and shall return any remaining portion of the security tq'the .Tenant. 7. UTILITIES: Tenant agrees to pay for all utilities and services based upon occupancy,of,the prenilgos and the following charges: except which shall be paid for by Landlord. 8. CONDITION: Tenant has examined the premises and all furniture, furnishings and appliances if any, and fixtures Including smoke delector(s) contained therein, and accepts the same as being clean, and In operative condition, with the following exceptions: 9.000UPANTP: The premises are fbrrto sole ups a residence by the 10. PETS: No animal, bird or pet shall be kept of otAbout the premises without Landlord's prior written consent, excep 11. USE: Tenant shall not disturb, annoy, endanger or interfere with other Tenants of the building or neighbors, nor use the premises for any unlawful purposes, nor violate any law or ordinance, nor commit waste or nuisance upon or about the premises. 12. RULES & REGULATIONS: Tenant agrees to comply with all CC&R's, Bylaws, reasonable rules or regulations, decisions of owners' association which are at any time posted on the premises or delivered to Tenant, or adopted by owners' association, and to be liable for any fines or charges levied due to violation(s). 13. MAINTENANCE: Tenant shall properly use and operate all furniture, furnishings and appliances, electrical, gas and plumbing fixtures and keep them as clean and sanitary as their condition permits. Excluding ordinary wear and tear, Tenant shall notify Landlord and pay for all repairs or replacements caused by Tenant(s) or Tenants invitees' negligence or misuse. Tenant's personal property is not insured by Landlord. 14. ALTERATIONS: Tenant shall not paint, wallpaper, add or change locks or make alterations to the property without Landlord's prior written consent. 15. KEYS: Tenant acknowledges receipt of keys to premises and • At Tenant's expense, Tenant may re -key existing locks and shall deliver duplicate keys to Landlord upon installation. 16. ENTRY: Upon not less than 24 hours notice, Tenant shall make the premises available during normal business hours to Landlord, authohzed agent or representative, for the purpose of entering to (a) make necessary or agreed repairs, decorations, alterations or Improvements or,supply necessary or agreed services, or (b) show the premises to prospective or actual purchasers, mortgagees, tenants, or contractors. In an Argency, Landlord, authorized agent or representative may enter the'premises, at any time, without prior permission from Tenant- 17. enant17. ASSIGNMENT & SUBLETTINGS: Tenant shall not let or sublet all or any part of the premises nor assign this agreement or any interest in.it. 18. POSSESSION: If Tenant abandons or vacates the premises, Landlord may terminate this agreement and regain lawful possession. 19. HOLD OVER: Any holding over at the expiration of this lease shall create a month to month tenancy at a monthly rent of $ payable in advance. All other terms and conditions herein shall remain In full force and effect. 20. ATTORNEY'S FEES: In any action or proceeding arising out of this agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. 21. WAIVER: The waiver of any breach shall not be construed to be a continuing waiver of any subsequent breach. 22. NOTICE: Notice to Landlord may be served upon Landlord or Manager at 23. ESTOPPEL CERTIFICATE: Within 10 days after written notice, Tenant agrees to execute and deliver an estoppel certificate as submitted by Landlord acknowledging that this agreement is unmodified and In full force and effect or in full force and effect as modified and stating the modifications. Failure to comply shall be deemed Tenants acknowledgement that the certificate as submitted by Landlord is true and correct and may be relied upon by a lender or purchaser. 24. ADDITIONAL TERMS AND CONDITIONS: 25. EN I IHE CONTRACT: Time is of the essence. All prior agreements between the parties are Incorporated In this agreement which constitutes the entire contract. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further Intend that this agreement constitutes the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever may be Introduced In any judicial or other proceeding, if any, involving this agreement. 2ACKNOWLEDGEMENT: The undersigned have read the foregoing prior to executi a�no race' f py. 'Landlord Gener,ail Paztne" Tenant or: authorized agent) -;•.L landlord _ /----=- ... :Tnnnrd' THIS ED MADE AS TO THE FORMOFOFSANY SUPPLE PLEMENTS NOT CURENTLY PUBLISHED HAS BEEN APPROVED BY E CALL ORNIA ASSOCIATION OF REALTORS'OCALIFORNIA ASSOCIATION OF REALTORSO IN FORM ONLY. NO F(EPRESENTATION IS OR THE LEGAL VAUD" gl)ECHJACY Ci ANY PROVISION IN ANY SPECIFIC TRANSACTION. R SHOULD NOT BE USED IN CX)MPLEX TRANSACTIONS OR WITH IDGENSNE RIDERS OR ADDITIONS. A REAL LSTAT� BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIngl EC#AL OR TAX ADVICE; CONSULT AN APPROPRIATE PROFFSSIONa}. ThiskxmisavdtttoIoruw,tvlheertirerealesinteYduyry The„sedtltlsbrmisrKAi4a,dedbktmalyll»user asaREALTORO.REN.TOR*Isa OFFICE USE ONLY =TORSO Wloc*w rr errtxxst b mark *Wi may tic used 010y by reel estate licensees who Pie me,Nbery d to NA T"4AL P.SSOCIAMI OF F1EAI TORSO a d vAio &ky;at:s r &s Cods of Etl, cs Gopyri0hto 1906, 1967, CALIFO .^IIA ASSOCIATION OF REALTORS® Reviewed by Oroker or Designee 55 raw ,c nye oulh VirrJil Avonuo, Los Art�ulos, ! alilomia 90p?_0 FORM LR -14 n;do n,,r,nn.rnrr fli.•maul trl/n1 _ FROM : POWER•. BROKERS TORI BUFF IN & AS* TEL: 619 564 8472 APP.21.1995 12:12 PPI P 4 4/21/1995 La Quinta, Ca. Regarding 51-340 Eisenhower pr. To Whom It may Concern I am the owner of record of the above referenced property. I have full knowledge and consent for the sub -lease on the property by Thomas Buffi.n. Moreover, he has my consent for the home occupation Real. Estate activities and tho open house at the_pxopert-y. Thomas Buffin represented me in the purchase of the property and as a licensed real, estate agent myself, I regard Thomas Buff;in as the consummate professional. He enjoys my complete trust and authority in any of his activities with regard to my. property! Y ur's Truly, ,7o_ h ' e Gre -1 MAY -22-95 MON 8:51 Aur & RUBINC) i%ttorneys at Law 4 CIVI(:; Pi.A4A SUIT= 340 c NEWPOST IP, EACH, CFS 92660 MICi-[f1EL J. RUBINO P. 02 729-4420 72`3-4424 -1) '729-4428 May 22, 1995 VIA FAX (619) 564-1144 ; Nicholas G. Spirtos, Esq. 44489 Town Center Way, Suite D-404 Palm Desert, California 92260 RE: 51-340 Eisenhower Dear Mr. Spirtos:. This letter will confirm our conversation of May 19, 1995 wherein you agreed to provide the City with a signed cop:j of the Special Conditions regarding the Home Occupation permit ;issued to your, client. please provide'the City the necessary document as soon as possible. t. Your attention and cooperation regarding this matter would be appreciated. Should.you have.any.que.stions, please do not hesitate to call. Very truly yours, MICHAEL J. RUBINO MJR/db cc: Mr. Don Whelchel, Code Enforcement/Building Specialist .`:I,wPrrziAQ\auFFm, .LTR I ex o fm I MAY -26-95 FRI 13;17 /11_T' &. T2.1.1 I3 I N 0 Attorneys Nt 11►�+ 4 Civic: PLAZA SUIT"5 340 NEWPORT BEACH, CA 92660 MICHAEL J. RUB�NO Arlo lo TF_L EPHONE (7 14) 729-4420 DiR CT LINE (714)729-44:24 FAX (714) 729-4428 May 26, 1995 VIA FAX (619) 564-1144 Nicholas.G. Spirtos, Esq. 44489 Town Center Way, Suite D-404 Palm Desert, California 92264 .i R£: 51�-340 Eisenhower Dear Mr. Spi'rtos; ! Pursuant to your request encloses] please find a Co iformed •copy of the Request for Dismissal regarding the above r0ferenced property; ;.Should you have any questions, please do not hesitGite to call. Very truly yourst MICHAEL J. RUBINO MJR/db cc: Mr. Don Whelchel, Code Enforcement/ Building Specialist C V1 YR 7'EU.AQIBUMN8.LTR MAY -26-95 FRI 13:17 Nome, Addrrr end T�tephene No. el Allorneytr) VIICHhEL J. PUBINO SBN# 132235 ALT & RUBINO 4,50 Neuport Center Drive, Suite 410 Newport, Be.achr CA 92660 ( 714) 729-4920 Allorney(s) for —PLAINTIFF . P, 03 i $Pete below lot Ur. at CquH Clark only AIVER$01, - COUNTY MAY 4 1995 ARTHUR A.., Siws. Clerk ey 0 "7A-Jn,h J 1 P Th" SUPERIOR , . , , . , ,COURT OF CALIFORNIA, COUNTY OF..1RIVERSI D2..... . (SUPEA1014, MUNICIPAL, or JUSTICE) (Name of Munlclpe! or JueUce Court DI31116 or of branch COurI, II pny) Plelntlfl(r,): CASE NUMBER 081616 CITY OF LA QUINTA AEOUEST FOR DI! --MISSAL TYPE Or ACTION t endeni(a): Personal Injury, Properly Damage and Wrongful Death: ( Moloy Vehicle Other WILLIAM THOMAS BUFFIN and dba ❑ Domestic Relations 0 i,"InenlDornain THOMAS BUFFIN AND ASSOCIATES til Other: (Specify) . COMPLAIN'C • FOR, -INJUNCTIVE Abbrevleled Title) RELIEF . TO THE CLERK; Plfuose dlsn•I)ss this action as follows: (Check applicable boxes.) i 1. Q With prej6d)oe R) Without brejudlce 2. V) Entire Bclloh,' d Complaint only (] Petition only p Cross-coriiplelnl only p Other: (Specify)'. 1 _ Dated: ........................1...., 'ti diemisse' requepled Is of epteitled par►lee only, of spectped Attorney(s) for... PL ZN�'IF1,, .......... Causes. of ecrlon only or of epeelllFd eross•eomplelnle ordy, to late pnd Idenilly (tie parffea, cabnes of stllon or Prole-Co=bpfainls MICHAEL J. Rl)>3IN0 I be dismissed, MICHAEL (I'ype or print ellcrno III name(s)) TO THE CLERK: Consenl to the above dismissal Is hereby given." Dated: .......... ........:.:.................... "When it., erors-cornplotni (or ReSponee (Merrispe) leaking affirms. Aliorney(a) for , , , .. , , , , , , • , .. • ... • .. , , , . • • .. , , ... , , , , , • , , , , Itys reflel) Is oh file, the ellorney(e) for the cross-c6rn elnan} (reepondenl) must 4I2n lhtr consent whenreQuired by CCP (981(1). (2) or (5), . .. . •i (Type or print atlorney(s) nama(s)) (to be C6`1 4 d by ,clerk) 0 DISml5Ss1 enter requesled on .. . .... . ........ . . ................ . .rte .�•,---�-�— �` , .. , , , , . Qbismissef entered on .......... ......... . . . .8s t .... ..... , ........ .. . . b Dls.miSsal not entered as requesled for the, o t; . $nd etlorney(s) notified on ...... . ................ . . . . ....... . Form Adoplod by Rulr f,62 of The 441cial Council or't�IJloanle '\ 0( Clerk By f ccr bnt, sic.; RIEQUFS'f FOR DISMISSAL Cel Flutr+e of Court,