HomeMy WebLinkAboutVAISH, PRADEEP K.N-2016-121
'AUG 15 2m
CAO CO) SEt._t 1`l.l=.NIEN € AND ItElLErtSt., ,eGatEER[EN`t;
I his Settlement and Relca*x Agreement lhercinaflcer referred to at., "Agrceatrent""l is made
and entered into by Plaintiff CITY OF SAN, FA ANA. a California municipal Corporation
(horeinaller referred to as "t "ity"), and Defendant 1'radeep K, harsh (hereinafter referred to as
-Del`clldant-). The City and Defendant are sometimo herrinaller referred it) in this Agreement
iudivitlmallg aa' l arl.v- and a ollu:,tivcll1s "i'artics", I'llbi Agiccntent Aall he eTlcclivc as of the
date *tribe last signsture to this Amcemem, and is dated for o lerenec purlteascs etrtly, °-\tagust d,
1016.
VVI IFR AS, a disputr i"the: Dispkae 7 had ari:;co betv�cen the, Partie,,,.cncerning atlh-lwi
subttandatrd building viohltikm,.; and oflwr atticgcd nonuonlolnaing condiitions curt the parcel <s€'tval
property located at 2222 South lime l lriv ce Santa Ana, California. Ascssor' ss Parcel Nurnbor 408-
466-15 (hereinafter rererred to as the "Sulaject Propetty" ), as more partiodarly described in the
City's Verified Compfmint liar Nuisance Abatement and 1icecivcrship (hc'ehtaaltcr wferrecl to as
the "Complaint'). files] in tiles Superior Ceatut of California, County ol'Orange. Casc. No. jo-2015-
(1081,2834-CU-P"h-C.lt: (hereittaafter referred to .as "AetiorCL can or €€bout October 12015.
lief nda llt has been the Durno of the Skabl sct Properten at all relevza a tinier.
lb'l�fl%l .•tF±, dac (.`iiv�`s Cttrstt3luiaat tallcsretf tlaaat the :inlslcca 1'respe;ttY posMcl ;a aaesi;asancc, <and
ee°as scabstatttiatllyciant�erents to the health and satciy of residents and the public. Derendant
disputes these ullefaations. The Parties afrree, horwe),cr, that the 'Subject Property, is now in
compliance, as of the date of°this Agreement.
ilrREAS, the Parties have engaged in cans>lderoble aae„gotiat.etnv and discussions in all
effort tea aaaaiCably resolve their- dislanEes, the Complaint and that Action.
WHEREAS. given that Derendant has brought the: Subject Property into ccnarphtnrm the
Parties deshe to avoid ftarther li€igiation and use of resour rars its the Action,
NOW, 1"k'1Lltl`i'ORI-', in of in(. forcgoing representvtions and the annual
t zovenzu)s, prol'nises, :.and considerations herein set forth, inctuding but not ]plaited to, the released
provided herein, and with the intent to be legally bound, the Parties mutually agree as follows:
1. D sntlaalil or ictiotl cvi l'a°e'uslic==z�ltrei ltu)ease oC C.ily-'&[oti ae Ln -LU -11e, tri tke
Sptjj ,ct PrM erivc Within €star (10) clays of the last date of,executitna of this Agreement by all of the
undersigned, the City shall: (l) cause to be tiled with the Court a Rtiquust for Dismissal with
prejudice ofthe Action and will forward to D fendan€'s counsel at conficrunud copy of the Request
for Dismissal with prejudice upon receipt, end (2) the City shell also deliver for recording with the
Orange County recorder's Office a release andror withdralvvaal of the "Notice of Continuing
Violation/Notice and Order of City of Santa Ana Municipal Ordinanee" (hereinafter referred to as
"the Notice") recorded November l7, 2014 as Orange County instrument number 2014x300492991,
and promptly provide written confirmation of than iiact to opposing counsel vias email with a copy
of the release/withdrawal document to he recorded.
"I In the event than Defendant discovers and/or is advised that there exist other liens,
$ astemeot ReSeaveAg€eE+tieek 16. 0904 t':ajlw t of 5
cocumbrances atndtor other clouds on title to the Subiect Property related any way to the Dispute,
the C cimplaint, the Action, the Notice. and/or- any other heti, encumbrance or cloud related in tiny
way to these rnm ea:s. Defendant shed provide written notice of this fact vita email to
ttvstivur ii>silycaayrit htixisv_c care, tlotir Yi,<ti{ci srht rivrir fstlztiv.c nz a t cHti; r sit 'er vilutillaw,viii€t,
Within 10 duvs tiller said written email notice, the City and/or its counsel shall take
whatever additional steps and/or actions are necessary to remove those remaining liens,
en .uaanlarances aucl�or xthuxt ctoucis tan title to the Subject Properly related many way to the Disputc,
the Complaint. the Action, the Notice, a ndlor any other lien, encumbrance or cloud related in any
way to these matters,
ztortacgy fc : f xcept. as provided herein, the Parties agree that each (if them will
bazar their oven costs„ attorneys, Ices and either expenses arising out of and/or connected with lire
Action or lite City's enforcement effrinx concerning, the Subject Property, and all runners, claims—
and
laimsand disputes described herein, including, but not limited to, those incurred in the negotiation and
dralling or this Agreement.
4, Mutual Release.: Except as provided herein, the Parties hereby release, acquit, and
fzarevcr discharge the other Party, hWits agents, contractors, legal counsel, representatives,
employees, elected and appointed officials, and officials front arty said all existing and nature
actions, causes of taction, hisses, claims;, demands. damages, costs. expenses, attorneys` foes,
compensation, and oilier forums of damages arising front or relating in ally way to tite Dispute
andlor action, knovvat or unknown. This release provision does not extinguish, release or discharg e
any of the obligations and rights: set forth and encompassed in this ,Agreement, This Agreement
shall not be construed as ditatink'hing or affecting in any outy the City`s duties, remedies, recovery
or rights under law concerning not yet existing E ure occurring violations of taw, The Paz -ties
reserve ;all rights, defenses, privileges, immunities, anti churns they may have against each other
arising under this agrcernem until there is full performance by each, The Parties agree that full
performance: under this Agreement shall constitute: the full. complete and tinsel compromise,
settleme:*ntand satisfaction of. and, as the sole consideration for, the full tants final rebase and
discharge of all actions, claims, demands, liabilities, expenses, attorneys' fees and rights of every
kind or nature that may arise from the Agreement,
5. The Parties specifically waive the betiWit of the provisions of section 1592 of the
Civil Codes of the State of California. as Follows:
oa-encral release does not extend to claims which the creditor does not know or suspect
to exist in his or her favorer the time tif'exceriting the release, which if linort�n by hint or her must
have materially affected his or her sc ulentent with the debtor:"
Notwithstanding; the provisions of Section 1592 and for the purpose of implementing a full
and complete relaaaasc, all Parties expressly acknowfaadg;e that this Agreement is intended to include
all claim-, that each Party hers brought or could have brought including, but not limited. to, claims
atssing; out of, connected virith, or incidental to the Actimi, the creforcernetant efforts, and any orthe
facts and circumstances giving rise to theallegations made: by the Parties, which they do not know
or suspect to exist in their favor at the time of the: execution of this Agreement, and that this
S�MIVMVnS RCieaseA[imCnn!nC Ari. 0804 llogc 2 of'i
Agreement will extinguish any,,;uch claims.
6, Entire Aurcernent: This Agrecinetil is tile entire agrownent between the Parlics Willi
respect to the subject inafter hercofand superseder, all prior and c.etntanaporanecatus oral and written
agreements and discussions. 'I'llo, Agreement may be amended only by an agreement in writing
signed by all Parties, except that a change in contact hilbrination may be niadesiniply by sending
notice to the other party.
7. No Admission: This Agreement is; at compromise ofibsputed claims and is not an
admission of fault arfiabi liability by either of.'the parties. Rather, the Parties simply desire to avoid
Farther litigation due to compliance in'the Subject Property.
8. -Frioclive -Date: ']'his Agreement is effective and enforceable as of the last date of
execution of this Agreement by the signatories below.
9. Successors and Assivta,: 'I'llis Agreement and all team:;, conditions. and obligations
contained herein are binding upon and inure to the beriefit of any assigns, successors -in -interest at'
Defendant, Each orthe Parties represents and Nvarrants that none of the clainis or causes ofaction
being released herein have been transferred, assigned, or otherwise conveyed to any other person
or entity, and each of(he Parties is the holder of the claims being released.
Nowithslandint; the foregoing„ it is understood and acknowledged that Defendant
has said the Subject Property to a third party and said third party shall have no obligations or
liabilities under this Agreement,
10. Governina Law.- 'this Agreement is intended to be construed pursuant to the laws
of the State of California, without regard to its choice of law provisions. and ouch of the
undersigned Parties agrees; that the only proper venue for any action arising out of the breach tit'
this Agreement shall be the Superior Court ofCalifornia for the County of Orange.
IL Confiden , liality-, 'I'lic Parties agree this Agreement shall be kept confidential to the:
wein provided bv low.
12. Severability; Fach provision of'this Agreement is separate, disdnut„ and severable
from the others. If any provision is held unenforceable, the rest of the Agreement shut] be enibreed
to the greatest extent possible.
13. Atforney's fees: In the event of any dispute, action, proceeding or arbitration under,
arising out of, or to enforce this Agreement, the prevailing party $11,111 be entitled to recover its
reasonable attorney's fees and crusts.
14Waiver. Modification qjid Axngqj(hnMt: No terms oTprovision in this Agreement
inay be waived unless in writing signed by the Ponies. Waiver of any one tarot of provision bal,eill
shall not be deemed to be a waiver car any other tenni of provision herebi. 'This Agreement may be
modified or amended only by a Written agreenient executed the Parties.
SVVeMPM FRIeme Agre�fivnt 16, QW4 llap� J or 5
15. Notices: All tajdci; required or allowed by this Agreement shall be, in writingg and
adchesued as set loon below:
It' to City: Silvei & Wright, L.Lh
3 Corporate Park, Suite 100
Irvine, CA 92606
Telephone: ('949) 385-6431
Facsuuilt.: (949)38'-6428
Attn: Matthew Silver
1f to Del'aeod arw Law Off`tccs of Stanley Denis
3620 Pacific Coast Highway, Suite 200
Forriarim, CA 90505
Telephone: (310) 3721-490(0
Yacsboile: (3113) 378-4911.
Attn: Stanley Denis
Any party`s address for notices ruasy be changed by written noticeas provided herein.
M Svvion.,H*p: The. captions. subject, section, and paragraph heatdimn; in tits
Agreement are included for convenience and reference only. They day not loon ;a part hereof, add
do not in any way modify, interpret, or reflce.t the intent of the Prvties. Said headings shall not ba
used to construe or interpret any provision of this Agrccrncrav
IT Advice of Cottise,1_ The Parties represent and warrant thus they have had the
opportunity, whether or not they have chosen to do sea, to re iew and discuss this Agreement with
legal counsel.
18. Ni x're5ats sixtsrati C g frost Drafti%, tL ly: Each P arty has cooperated in the drafting
and parepatation of this Agreement. Consequently, the interpretation of this Agreement shall not
be eonsirued against tiny Party,
19. Execution: Ther Parties, and each of them, represent and declare than they have
carefully react this Agreement and know the contents thereof, and that they sigh the Santo freely
and voluntarily,
20.Goatrttep arts electro tit Sig nag nitre: This Agreement may lac executed in fifty
number of counterparts, each of which shall be deemed an original, but nil of which when taken
together shall constitute one and the shine instrument. Signal re:% to this Agreement may be
transmitted electronically and/or by Caacsiti le, and that such electronic anchor facsimile signatures
shall have the same force and effect ac an original.
50tai ffient Release Agement 16. M4 Pepe 4 of 5
ATTES7:
MARIA D. HlJI7_ R
CLERK OF THE D NCIIL
DATED::�.r.
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DATFD-- SlINFR & WRICI IT 1.H'
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INSURANCE NOT REQUIRED
WORK MAY PROCEED
ewy CLERK OF MUM
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CITY OF SANTA ANA
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
To: David Cavazos, City Manager
Maria Huizar, City Cleric
From: Kyle C. Nellesen, Deputy City Attorney
Date: August 9, 2016
Re: City ofSanta Ana v. Vaish
Execution of Settlement Agreement
Ce. Sonia Carvalho, Hassan Haghani, Alvaro Nunez (w/o attachment)
(INTO(ti tZ/D1►1I
On October 2, 2015, the City of Santa Ana filed a civil receivership case against Pradeep Vaish, owner
of the property located at 2222 S. Ilene Street, detailing an extensive list of code enforcement violations
and seeking the appointment of a receiver to rehabilitate the property. Before a receiver could be
appointed by the court, Mr. Vaish completed extensive work on the property which brought it into
compliance. As the property was no longer in violation, the City's case against Mr. Vaish had become
moot.
The City's outside counsel, Matthew Silver, has negotiated with Mr. Vaish and his attorney to secure a
settlement by which the case will be dismissed. Under the settlement each party will assume their own
costs and release all claims. In addition, the City will release its notice recorded against the property and
retain payments made by Mr. Vaish (totaling approximately $8,000) for prior code enforcement
abatement actions against the property.
RECOMMENDATION:
The City Attorney's Office requests and recommends that the City Manager execute the attached
Settlement Agreement.
Attachment