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HomeMy WebLinkAboutKing, Sylvia - 80080 Vista Grande 2026 CV-Link Settlement & ReleaseSETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (hereinafter the "Agreement") is entered by and between the CITY OF LA QUINTA, a California municipal corporation and charter city ("City") and SYLVIA PLASCENCIA KING ("Property Owner"), and is binding and effective as of the Effective Date (defined below). City and Property Owner are referred to jointly hereinafter individually as a "Party" and collectively as the "Parties." The Parties enter into this Agreement with reference to the following: RECITALS A. WHEREAS, Coachella Valley Association of Governments ("CVAG") recently completed a bike path and trail located within City. B. WHEREAS, Property Owner owns the property commonly known as 80080 Vista Grande, La Quinta, California 92253 (APN 600 120 004) with a rear property line length of 88 feet. C. WHEREAS, Property Owner has raised concerns that this new bike path and trail impacts her existing property walls or fencing and backyard area. D. WHEREAS, without admitting liability and solely for the purpose of resolving any dispute, Property Owner and City agree to settle any dispute regarding this matter on the terms set forth herein. NOW THEREFORE, in consideration of the Recitals above, which are a substantive part of this Agreement and incorporated by this reference, and the mutual covenants set forth herein, the Parties agree as follows: 1. Settlement Terms. a. City Obligations. i) In consideration of and pursuant to the terms and conditions set forth in this Agreement, City shall pay a total of $29,500 ("Settlement Amount") to resolve any dispute regarding the bike path and trail. ii) Delivery and Deposit of Initial Check. City shall provide a check for fifty percent (50%) of the Settlement Amount to Property Owner made out to: "Sylvia Plascencia King " within fourteen (14) days from the Effective Date. Property Owner shall deposit or cash said check within fourteen (14) days of receipt. iii) Delivery and Deposit of Final Check. City shall provide a check for fifty percent (50%) of the Settlement Amount to Property Owner made out to: "Sylvia Plascencia King" within fourteen (14) days from the date that the Property Owner receive a building permit for construction of the wall described below. Property Owner shall deposit or cash said check within fourteen (14) days of receipt. -1- b. Property Owner Obligations. i) Property Owner shall cause to have permits issued by City of La Quinta Building Department to construct a five to six foot tall block wall measured from the highest finished grade if the wall is retaining; said wall to run the entire length of the rear property line (approximately eighty-eight feet), as depicted in Exhibit A, attached hereto and incorporated herein. Permits shall be obtained by Property Owner or her contractor within sixty days of City issuance of check. ii) The new wall shall be split face block on the side facing CVLink. Block color should be tan in color. The new wall shall be built entirely on Property Owner's property. Property Owner or her contractor shall complete work and receive City of La Quinta Building Department approval on final inspection within six months of City's issuance of the initial check. 2. No Admission of Fault. Upon full performance by the Parties to this Agreement of their respective obligations set forth above, this Agreement is intended to be and is a compromise between the Parties and CVAG, and nothing in this Agreement shall be interpreted, used, or construed as an admission of fault or wrongful conduct of any kind by the Parties or CVAG. All such liability and wrongdoing alleged against any Party or CVAG is denied by the other Party and CVAG. 3. Release. a. Full and General Release. In consideration for the agreements as set forth herein, and except for any rights of the Property Owner expressly retained under this Agreement, Property Owner, on behalf of herself and her successors, assigns, officials, directors, officers, employees, insurers, lenders, lien holders, attorneys, agents, and other representatives, does hereby release the City and CVAG 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 as of the date of execution of this Agreement relating to the bike path and trail (the "Released Claims"). b. Waiver of Civil Code Section 1542: By releasing and forever discharging the Released Claims both known and unknown as above provided, the Property Owner expressly waives any rights under California Civil Code section 1542, which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM O HER MUST HAVE MATERIALLY AFFECTED HIS O HER SETTLEMENT WITH THE DEBTOR OR RELEAS D PARTY." Property Owner's Initials: -2- Property Owner waives and relinquishes any rights and benefits that they have or may have under California Civil Code section 1542. Property Owner has performed a full and complete investigation of the facts pertaining to this Agreement, and Property Owner acknowledges and agrees that she are aware that she may hereafter discover facts in addition to or different from those which she now knows or believes to be true with respect to the subject matter of the Released Claims, but it is her intention hereby to fully and finally forever settle and release any and all matters, disputes and differences, known or unknown, suspected and unsuspected, which now exist, may exist or heretofore have existed, as against each other, arising out of the Released Claims. 4. Effective Date of Agreement. This Agreement shall be binding and effective as of the later date of the signing party on the signature page of this Agreement, which later date shall be the "Effective Date" of this Agreement. 5. Entire Agreement. This Agreement (and any exhibits incorporated herein by this reference) forms the entire agreement of the Parties and supersedes any and all prior agreements or understandings, if any, between them pertaining to the subject matter hereof, and shall not be modified or altered except by a subsequent written agreement signed pursuant to Section 13 below. This Agreement shall be binding upon and shall inure to the benefit of the Parties, their respective successors, assigns, officials, directors, officers, employees, insurers, lenders, lien holders, attorneys, agents, and other representatives. Property Owner expressly acknowledges and agrees that City is subject to and governed by the California Public Records Act (Government Code section 7920.000 et seq. ("Act")), and City does not need to obtain Property Owner's consent when disclosure of this Agreement or its terms are subject to and governed by the Act. 6. Representations and Warranties. Property Owner hereby expressly represents and warrants that they have not transferred or assigned or attempted to transfer or assign any of the Released Claims that are subject to this Agreement. No claim of subrogation may be brought against City or CVAG under any of the other Released Claims, and Property Owner expressly agrees to waive any subrogation rights against City and/or CVAG related to any of the Released Claims. The persons signing this Agreement hereby represent and warrant that they have the power and authority to bind any Party on whose behalf this Agreement is signed. Property Owner acknowledges and agrees that City is materially relying upon the representations and warranties of Property Owner set forth in this Agreement. If any of Property Owner's representations and warranties as set forth herein are found to be untrue or inaccurate either at the signing of this Agreement or with the passage of time, or both, then such untrue or inaccurate representation and warranty shall be a material default and the basis for a breach of this Agreement. 7. Controlling Law. This Agreement shall be interpreted and construed in accordance with the laws of the State of California without regard to conflict of law principles. -3- 8. Attorneys' Fees and Costs. The Parties shall bear all of their own respective costs and attorneys' fees incurred relating to this Agreement. In the event that a Party is required to initiate or defend any litigation relating to or arising out of this Agreement, the prevailing Party shall be entitled to recover from the other Party its actual attorneys' fees, expert witness fees, costs of investigation and preparation, and other costs and expenses related thereto. 9. Severability. If any provision or part of this Agreement is held, determined, or adjudicated to be invalid, unenforceable or void for any reason, each such provision shall be severed from the remaining provisions of the Agreement and shall not affect the validity and enforceability of such remaining provisions. 10. Review of Agreement. The Parties each acknowledge and represent that they have read this Agreement, that they have had the opportunity to consult with their respective attorneys concerning its contents, that the Agreement is being executed solely in reliance on their respective judgment, belief, and knowledge of the matters set forth herein and on the advice of their respective attorneys, and that they enter this Agreement freely and voluntarily. Additionally, the persons signing this Agreement hereby represent and warrant that they have the power and authority to bind the Party on whose behalf this Agreement is signed. 11. Neutral Interpretation. The Parties agree that all parts of this Agreement shall in all cases be construed as a whole according to their fair meaning and shall not be construed strictly for or against any Party hereto. 12. Third Party Beneficiary. The Parties agree that CVAG is a contingent, expressed third party beneficiary under this Agreement and has the right, but not the obligation, to enforce its terms. CVAG's right as an expressed third party beneficiary shall take effect upon payment to City of CVAG's reimbursement obligation for partial payment to cover the Property Owner's construction costs for the new wall, pursuant to a separate agreement and/or arrangement between City and CVAG. 13. Modification. This Agreement shall not be modified, amended, or supplemented unless such modifications, amendments, or supplements are in writing and signed by the Party to be charged. 14. City Manager Authorization to Execute and Implement this Agreement. The City Manager, on behalf of City, shall have the authority to sign this Agreement, to enter into any implementing document or modification, amendment, or supplement, and to take any actions necessary or proper on behalf of the City to effectuate the implementation of this Agreement and its terms. In 15. Counterparts. This Agreement may be executed in counterparts and by facsimile, electronic mail, or other electronic delivery, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date set forth below. Date: 12026 Date: July 13 , 2026 ATTEST: v Monika Radeva City Clerk APPROVED AS TO FORM By: J sica Sanders Assistant City Attorney SYLVIA PLASCENCIA KING By: SIGNED IN COUNTERPART IC CITY OF LA QUINTA By: Jon McMillen -5- City Manager 15. Counterparts. This Agreement may be executed in counterparts and by facsimile, electronic mail, or other electronic delivery, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date set forth below. Date:, 2026 Date: 72026 ATTEST: SIGNED IN COUNTERPART Monika Radeva City Clerk APPROVED AS TO FORM By: SIGNED IN COUNTERPART Jessica Sanders Assistant City Attorney SYLVIA PLASCENCIA KING By: T V- By: CITY OF LA QUINTA M. SIGNED IN COUNTERPART Jon McMillen City Manager -5- EXHIBIT A t Y. G� �� �9 s% 0