Curtin/Maint & Abatement 03RECORDING REQUESTED BY: WHEN RECORDED MAIL TO:
City.of La Quinta Rutan & Tucker
P.O. Box 1504 611 Anton Blvd, 10 Floor
La Quinta, CA 92253-1504 Costa Mesa, CA 92626
Attention: Director of Code Enforcement Attention: Noam I. Duzman
[Fee Exempt — Gov't Code § 6103]
(Space above for Recorder's Use)
AGREEMENT FOR MAINTENANCE
AND ABATEMENT BETWEEN
THE CITY OF LA QUINTA AND
SHEILA CURTIN
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THIS AGREEMENT FOR MAINTENANCE AND ABATEMENT BETWEEN THE
CITY OF LA QUINTA AND SHEILA CURTIN ("Agreement") is entered into this Z& th day
of December 2003 between the City of La Quinta, a California municipal corporation ("City"),
and Sheila Curtin ("Curtin7% owner of real property located at 54080 Avenida Rubio, La Quinta,
California ("Subject Property"). City and Curtin are sometimes hereinafter individually referred
to as "Party" and collectively as the "Parties."
RECITALS
WHEREAS, City commenced code enforcement efforts with respect to the substandard
maintenance and public nuisance conditions ("Conditions") on the Subject Property in 2002.
These efforts resulted in the City issuing Curtin a Notice of Public Nuisance on November 22,
2002, wherein the City identified the Conditions on the Subject Property that were substandard
and provided Curtin a specified period of time to remedy the same.
WHEREAS, the period provided in the Notice of Public Nuisance has passed and the
City is therefore entitled to pursue the remedies available to it, including, without limitation, a
criminal action, a civil action, or an administrative abatement.
WHEREAS, on November 21, 2003, the City filed a Petition for Appointment of a
Receiver over the Subject Property along with a Motion for Appointment of Receiver pursuant to
Health and Safety Code section 17980.7 (Case No. INC 039781, County of Riverside, Indio
Superior Court) ("Civil Case").
WHEREAS, as part of its police powers, the City endeavors to ensure that properties
located within the City are not maintained as public nuisances, but are instead maintained in
accordance with the provisions of applicable Federal, State and local laws, rules and regulations,
including the City of La Quinta Municipal Code ("Municipal Code") standards for buildings.
The City, through its Code Enforcement Department and the City Attorney's Office, has devoted
considerable time and resources to address and prosecute the Conditions existing on the Subject
Property. As consideration for the City's decision to dismiss the Civil Case, the City seeks a
commitment from Curtin that such Conditions will be eliminated within a reasonable amount of
time and will not return.
WHEREAS, in the interest of gaining compliance with all Municipal Code standards and
in order to abate the Conditions found on the Subject Property as expeditiously as possible and
without having to further pursue the Civil Case, the Parties wish to enter into this Agreement to
govern over the maintenance and abatement of the Subject Property and to guarantee that the
Subject Property is brought to, and thereafter maintained, in compliance with Municipal Code
standards.
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Now, therefore, in consideration of the mutual promises and agreements contained
herein, the Parties hereto agree as follows:
1.0 Definitions
1.1 "Day" shall mean any one (1) calendar day.
1.2 "Effective Date" shall mean the fast date on which both the City and
Curtin have executed this Agreement.
1.3 "Party" or "Parties" shall mean. the City, Curtin and/or both. The use of
the terms Party/Parties, or the Parties' actual names, shall include and
refer to the present Parties as well as any successors, heirs, assigns of each
respective Party, including but not limited to, any future owner of the
Subject Property.
2.1 Curtin agrees to establish and commit to a series of responsibility and
performance standards to eliminate the conditions on the Subject Property and maintain the
Subject Property and structures thereon in accordance with all applicable Federal, State, and
local laws, rules and regulations, including without limitation, the Municipal Code standards.
Curtin also agrees that the Subject Property shall be held, conveyed, pledged as collateral, leased,
rented, used, occupied, maintained, sold or transferred in another respect subject to the
responsibilities and performance standards contained or referenced in this Agreement, all of
which are declared to be for the purpose of enhancing, maintaining, and protecting the health,
safety, and welfare of the citizens of the City and the real property of the City. To this end, this
Agreement shall be binding on the Parties and their heirs, assigns, and successors in interest in
perpetuity. All present and future owners, tenants, and occupants of the Subject Property shall
be subject to and comply with each and every provision of this Agreement. The act of accepting
a deed or lease to the Subject Property shall signify that each and every provision of this
Agreement is acceptable to future owners, occupants, tenants, and/or lessees.
2.2 Curtin acknowledges that as part of this Agreement, a lien shall be placed against
the Subject Property for the sum of FIVE THOUSAND DOLLARS ($5,000). This sum will act
as reimbursement to the City for a portion of the costs incurred by the City in its code
enforcement efforts on the Subject Property, including costs and attorneys' fees incurred by City
in this action and costs incurred by the City's Code Enforcement Department. Curtin
understands and agrees that this amount will be recorded by the City as a lien against the Subject
Property. City acknowledges that, expect for any previous lien already recorded against the
Property (e.g. Redevelopment Agency funds), unless there is a breach of this Agreement, the
FIVE THOUSAND DOLLAR ($5,000) lien will be the full amount due by Curtin under this
Agreement and the City will not take action to collect any additional funds for the Conditions.
City agrees not to execute on this lien unless and until the occurrence of one of the following two
events: (1) Curtin's voluntary or involuntary conveyance or transfer of title of the Subject
Property to any person or entity (including, but not limited to, foreclosure proceedings) or (2)
Curtin's refinancing of the Subject Property.
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2.3 After the effective date of this Agreement, the City agrees to take all necessary
action to dismiss the Civil Case.
2.4 Within sixty (60) days of the Effective Date of this Agreement, Curtin shall take
any and all actions and secure any necessary permits and approvals in order to ensure that the
full and complete abatement of all Conditions described in the City's Motion for Appointment of
Receiver, a copy of said Conditions attached hereto as Exhibit "A" for Curtin's convenience, are
performed within the sixty (60) day period. Any such abatement shall be performed in
compliance with all applicable Federal, State, and local laws, including, without limitation, the
Municipal Code standards.
2.5 Curtin hereby consents to the entry by City and/or City's authorized
representative upon the Subject Property sixty (60) days after the Effective Date of this
Agreement for the purpose of inspection of the Subject Property. If upon inspection the City
discovers that Curtin has failed to abate each of the Conditions, City shall have the right to
conduct all necessary activities on the Subject Property including, but not limited to, the
following: (1) demolish and/or remove any and all Conditions that may be unsafe, dangerous,
substandard or unpermitted and (2) destroy and remove any and all dead, dying, overgrown or
decayed vegetation. Curtin hereby consents to having City undertake such abatement actions
without further action by City. In addition to any other remedies that may be available to the
City, including the abatement provided in this paragraph, in the event that Curtin fails to
complete the abatement of the Conditions and thereafter maintain the Subject Property in
compliance with this Agreement, the City shall be entitled to apply, ex parte, to the Riverside
County Superior Court, for the appointment of a receiver for the Subject Property. Such ex parte
application may be made by the City only after the City has given Curtin three (3) days written
notice, informing Curtin that she has failed to fulfill the terms of this Agreement and that the
City will be re -filing its Motion for Appointment of Receiver, as amended. Curtin hereby waives
any objections to the appointment of a receiver under these circumstances, based on due process,
lack of notice or reasonable time to repair in accordance with the Notice of Public Nuisance, lack
of notice or opportunity to be heard or any other rights or administrative remedies provided by
applicable law, including, without limitation, the Municipal Code or the State Housing Law
(Health & Saf. Code, § § 17910 et seq.) By signing and initializing this Agreement, Curtin
hereby agrees and acknowledges each and every provision identified in this paragraph.
(Curtin's Initials)
2.6 Ms. Curtin hereby understands, acknowledges, and agrees that the Conditions on
the Subject Property constitute a public nuisance pursuant to Section 3479 of the California Civil
Code and Section 11.72.030 of the Municipal Code, along with other applicable Federal, State,
and local laws, rules, and regulations. To this end, Curtin knowingly and freely waives all
procedural and substantive requirements provided for in Chapter 1.09 of the Municipal Code,
and. any other applicable provisions of Federal or State laws, rules, and regulations to which
Curtin is otherwise entitled and which would be necessary for the declaration of the Subject
Property as a public nuisance. By signing- and initializing this Agreement, Curtin hereby agrees
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and acknowledges each and every provision identified in this paragraph.
(Curtin's Initials)
2.7 The Parties agree that in event of a breach by Curtin of this Agreement, damages
incurred by the City, as a result of such breach, would be difficult to calculate. Therefore, the
Parties hereby agree that Curtin will be liable to the City in the amount of $6,000 in the event
that Curtin breaches this Agreement. This provision is in addition to the City's ability to
specifically enforce this Agreement and shall not prevent the City from recovering costs and
attorneys' fees under the State Housing Law (Health & Saf. Code, §§ 17910 et seq.) that may be
incurred as a result of the proceedings to appoint a receiver.
2.8 If upon inspection made pursuant to paragraph 2.4 above, the City determines that
Curtin has failed to comply with paragraphs 3.3. and 3.4 above, City shall be entitled to enter
upon the Subject Property and take all necessary abatement, maintenance, and repair actions
required by the Agreement without further notice to or consent from Curtin. Curtin hereby
consents to the entry by City and/or City's authorized representatives or contractors upon the
Subject Property for purposes of inspection, maintenance and/or abatement of the Conditions, as
well as any public nuisance found on the Subject Property. City shall be entitled to collect its
abatement costs, including any and all incidental expenses, including, without limitation,
attorneys' fees and, costs, pursuant to paragraphs 2.6 and 3.8 herein.
2.9 In the event City is required to undertake additional abatement activities pursuant
to this Agreement, City shall be entitled to reimbursement in the manner provided below:
2.9.1 City shall maintain an invoice of all costs and expenses of completing the
abatement activities undertaken pursuant to this Agreement, including costs and expenses
listed, required for abatement. City shall render itemized invoice(s) of such costs and
expenses to Curtin within thirty (30) days after completion of such activities by City.
2.9.2 Curtin shall, within thirty (30) days of receipt, pay the invoice amount to
City in full. Should Curtin fail to pay the invoice amount within the allotted time, City
shall be entitled to satisfy payment of its fees and costs by making the unpaid amount a
special assessment lien pursuant to California Civil Code section 2881. City shall have
the right to enforce the special assessment lien authorized in this paragraph in any manner
authorized by law. By signing and initialing this Agreement, Curtin hereby agrees and
acknowledges each and every provision identified in this paragraph. t R
(Curtin's Initials)
3.0 Nothing in this Agreement shall be deemed to limit any other remedies provided
to City for abating the Conditions on the Subject Property or recouping its abatement costs as
these may be provided by other Federal, State or local laws, rules, and regulations. City reserves
its right to pursue any civil, criminal or administrative remedies in the future against Curtin or
any successor owning an interest in the Subject Property if the Subject Property is not
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maintained in accordance with Federal, State and local laws, rules and regulations, including the
Municipal Code standards.
3.1 Nothing in this Agreement shall be construed as preventing Curtin - from
transferring any ownership interest in the Subject Property, or any portion thereof, to a successor;
provided, however, that this Agreement shall be binding on the successors in interest and any
assigns of the Parties. Curtin has been informed of the provisions of California Civil Code
section 3483, which provides as follows: "Every successive owner of property who neglects to
abate a continuing nuisance upon, or in the use of, such property, created by a former owner, is
liable in the same manner as the one who first created it." Curtin shall have the obligation of
notifying any successor in interest or assignee of the Subject Property of this Agreement and of
the obligations hereunder. By signing and initialing this Agreement, Curtin hereby agrees and
acknowledges each and every provision identified in this paragraph.
(Cumin's Initials)
3.2 City shall be entitled to record this Agreement, along with the lien described in
paragraph 2.2, with the Recorder's Officer for the County of Riverside, California The burdens
of this Agreement and the lien hall be binding upon, and the benefits of this Agreement shall
inure to, all heirs, assigns, and successors in interest of the Parties of this Agreement.
3.3 Upon City's recording of this Agreement and the lien with the Recorder's Office
pursuant to paragraph 3.1 above, the City shall take action to release the Notice of Pendency of
Administrative Proceedings filed by the City with respect to the Civil Case. Notwithstanding the
foregoing, nothing in this paragraph shall be interpreted as prohibiting the City from filing a
Notice of Pendency of Administrative Proceedings if Cumin breaches this Agreement in the
future. Once the City determines that Curtin has brought the Property to comply with the
Municipal Code, the City shall expunge the Settlement Agreement from the title to the Property
so that it does not cloud the Property's title.
3.4 Each term, covenant, condition or provision of this Agreement is intended to be
severable. If any term, covenant, condition or provision contained in this Agreement is held to be
invalid, void or illegal by any court of competent jurisdiction, such provision shall be deemed
severable from the remainder of this Agreement and shall in no way affect, impair or invalidate
any other term, covenant, condition or provision contained in this Agreement. If such term,
covenant, condition or provision shall be deemed invalid due to its scope or breadth, such
covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth
permitted by law.
3.5 Curtin hereby agrees to defend, indemnify, and hold City, its officials, officers,
employees, agents, and volunteers harmless from and against all claims, causes of action,
demands, damages, expenses, losses and liabilities, in law or equity, for injury to any person
(including wrongful death) or damage to any property to which City may be subject to the extent
that the same are the results of an error, omission or negligent or willful act of. Curtin in any
manner arising out of or incident to her performance of her duties under this Agreement,
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including, without limitation, the payment of all reasonable attorneys' fees, expert fees, and
related costs and expenses of defense or indemnificat,ion.
3.6 This Agreement contains the entire Agreement of the parties with respect to the
subject matter hereof, and supersedes all prior negotiations, understandings or agreements, either
written or oral, express or implied. Any modification to this Agreement must be in the form of a
written agreement agreed to by the Parties or their successors in interest.
3.7 The failure of City to insist upon strict performance of any of the terms,
conditions or covenants in this Agreement shall not be deemed a waiver of any right to remedy
for a subsequent breach or default of the terms, conditions or covenants herein contained.
3.8 This Agreement may be executed in any number of counterparts, each of which
shall be deemed an original, but all of which taken together shall constitute the same Agreement.
3.9 Should either Party bring a legal action for the purpose of protecting or enforcing
its rights and/or obligations under this Agreement, the prevailing party shall be entitled, in
addition to other relief, to the recovery of its attorneys' fees, expenses, and costs of suit.
Notwithstanding the foregoing, City shall also be entitled to any attorneys' fees and costs as
provided in this Agreement for City action taken to abate or ensure abatement of the Conditions.
4.0 Section headings contained in this Agreement are for convenience only and shall
not have an affect in the construction or interpretation of any provision.
4.1 By signing and initialing this Agreement, Curtin hereby agrees, acknowledges,
and recognizes that the City has advised her that she has the right to retain independent counsel
to review and advise her as to the provisions of this Agreement. Curtin hereby waives the right
to argue at any future time or proceeding that she did not understand any provision herein due to
lack of legal representation. Ak-11
(Curtin's 'tials)
4.2 All notices to be given hereunder shall be in writing and may be made either by
personal delivery or by registered or certified mail, postage prepaid, return receipt requested.
Mailed notices shall be addressed as listed below, and each party may change their address by
written notice in accordance with this paragraph. Notices delivered personally will be deemed
communicated as of actual receipt; mailed notices shall be deemed communicated as of two (2)
days after mailing.
To City: To Curtin:
City of La Quinta Sheila Curtin
P.O. Box 1504 54080 Avenida Rubio
La Quinta, CA 92253-1504 La Quinta, California
Attention: Director of Code Enforcement
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4.3 This Agreement shall be governed by the laws of the State of California. Venue
shall be in Riverside County.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and
year first written above.
THE CITY OF LA QUINTA, a public body
corporate and politic
By:
Title: C. v.�4-
SHEILA CURTIN
By:.
" "5 -
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WHEN RECORDED MAIL TO:
Debra Conrad
Sr. Code Compliance Officer
City of La Quinta
78495 Calle Tampico
P.O. Box 1504
La Quinta, CA 923253-1504
Exempt from Recording Fee Per Gov't Code § 27383
(Space Above For Recorder's Use)
NOTICE OF LIEN
Claim of City of La Quinta
Pursuant to the authority vested by the provisions of Section 38773 of the California
Government Code, Section 11.72.030 of the Municipal Code of the City of La Quinta, and
Agreement between the City of La Quinta and the Property Owner, Sheila Curtin, a lien in the
amount of FIVE THOUSAND DOLLARS ($5,000.00) shall be assessed against the real property
until paid in full and discharged of record. The property is located at 54080 Avenida Rubio, La
Quinta, California more commonly known as Parcel No. 774-202-004.
The real property referred to and upon which a lien is claimed, is that certain parcel of
land lying and being in the City of La Quinta, County of Riverside, State of California, and
particular descried as follows:
Lot 20 Block 254 of Santa Carmelita at Vale La Quinta, Unit No. 24, as
shown by map on file in book 19, Page(s) 45 of Maps, Records of
Riverside County, California.
Dated: 11
CITY F LA QUINT
By:
Debra Conrad
Sr. Code Compliance Officer
4081015610-0015
462008.01 ai222m3
STATE OF CALIFORNIA )
ss.
COUNTY OF RIVERSIDE )
On �cccw.�a•�- as 3 before me, _, NotaryPublic,
personally appeared 7D.
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s)
acted, executed the instrument.
Witness my hand and official seal.
�, W M.�!►-
11
40=15610-0015
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