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Home My WebLink AboutHAROLD T. JONES - 1994-08-02REQUEST FOR CITY COUNCIL/ REDEVELOPMENT AGENCY ACTION Date: August 1, 1994 Submitted to: Redevelopment Agency Chairperson and Board Members Submitted by: ?tOGAIL HUTTON, City Attorney APPROVED BY CITY COUNCi 19 Prepared by: TrGAIL HUTTON, City Attorney Subject: JONES vs. REDEVELOPMENT AGENCYL O.C.S.C. Case No. 62 30 62 COURT SUPERVISED DEBITS & CREDITS SETTLEMENT AGREEMENT WITH OVE I MOBILE HOME TENANTS Consistent with Council Policy? [X ] Yes [ ] New Policy or Exception Statement of Issue. Recommendation. Analysis, Funding Source, Alterntative Actions. Attachments lQ Statement of Issue: Whether to approve settlement agreement with Ocean View I tenants. Agency claims monies are owed by tenants; tenants have made claims against Agency alleging defective homes. Recommendation: Approve Settlement Agreement. Analysis: This Agreement was previously approved in closed session and is a matter of record with the court. Involved are credits and payments in the sum of Sixty Thousand Dollars ($60,000) to the Agency from the tenants and no costs to the Agency. Fundinq Source: NIA Alternative Actions: Breach Settlement Agreement and face lawsuit. Attachments: Settlement Agreement SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF CLAIMS This Settlement Agreement and Mutual Release of Claims (the "Release') is entered into by and between HAROLD T. JONES and all other plaintiffs listed on Exhibit'A' attached hereto and incorporated herein by this reference ('PLAINTIFFS') for themselves and for any and all of their heirs, executors, agents, administrators, attorneys, assigns, spouses, successors and representatives on the one hand, and the CITY OF HUNTINGTON BEACH AND ITS REDEVELOPMENT AGENCY (including any and all of their respective, common and/or affiliated officers, agents, attorneys, successors, assigns, employees, servants or representatives) on the other hand (collectively the "CITY"). RECITALS 1. This Release is made as a good faith compromise between the parties for the complete and final settlement of their claims and differences described below. 2. A. PLAINTIFFS were tenants at Driftwood Mobile Home Park at the time the City/Agency extended certain Acquisition and Relocation Agreement ("ARK) benefits to such residents who were displaced due to the Waterfront Hilton project. B. The Agency purchased new mobile homes for plaintiffs and relocated them to Ocean View Estates I as a consequence thereof. C. The Agency claims that PLAINTIFFS are indebted to the Agency because of certain 'upgrades* received by PLAINTIFFS when the new mobile homes were delivered at Ocean View Estates I COVE I'). D. PLAINTIFFS claim that the Agency is indebted to them because the homes were not comparable to their old homes. All PLAINTIFFS' claims are listed in Exhibit "A' previously mentioned hereinabove. E. The parties have previously settled a separate dispute involving the issue of entitlements regarding "wheels and axles' which agreement shall not be disturbed by this Settlement and Mutual Release. 5fjones settlement agreement/7/20/94 3. The parties wish to avoid the risk and expense of litigation and to reach a full and final compromise of all claims mentioned above relating to PLAINTIFFS and the CITY. TERMS OF SETTLEMENT In consideration of the mutual covenants set forth herein, the parties agree as follows: A. Payment -and Credits by PLAINTIFFS Within sixty (60) days of the execution of this Settlement and Release, the PLAINTIFFS will pay to CITY cash in the sum of Eight Thousand Six Hundred and Six Dollars ($8,606) and give credits [Fifty-one Thousand, Three Hundred Ninety -Four ($51,394)] in the total sum of $60,000, constituting full payment and credit for any and all claims made or to be made by PLAINTIFFS against the CITY and CITY against PLAINTIFFS, all as more particularly set forth in Exhibit "B", a copy of which is attached hereto and incorporated herein by this reference. B. Opening of Escrow If not already opened upon execution of this Settlement and Release, within thirty (30) days thereafter the parties will open an escrow with any acceptable escrow company for the purpose of completing the transfer of any ownership interest still retained by the PLAINTIFFS in their old coaches and at no additional expense to the PLAINTIFFS transfer to the PLAINTIFFS title to the new coaches based on the ARA and other applicable agreements between the parties. C. Mutual Releases Except for the obligations and sights conferred by this Settlement and Release, the parties hereby release each other from any and all claims, demands, costs, liabilities, damages and causes of action of every nature, whether in law or in equity, known or unknown or suspected or unsuspected, which in any way arise out of, relate to or are connected with debits and credits issues between the parties relating to the ARA. Each party also expressly waives and relinquishes any and all rights against the other which they may have under Civil Code § 1542, which provides: z 5/jones settlement egreement17/20/94 M "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR EXPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THIS RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." D. Prior Agreements Null and Void This Settlement and Release does not change any of the parties rights as stated in the "ARA" except as to matters expressly stated herein. This Settlement and Release supersedes and renders null and void any and all prior agreements, whether oral or written, between the parties concerning the issues mentioned herein. Moreover, this Settlement and Release shall constitute the only valid, binding and enforceable agreement between them with respect to the matters described herein. E. Modifications This Settlement and Release shall not be extended, modified, altered or otherwise changed except in a writing executed by all parties hereto, which expressly states that it is an amendment of this Settlement and Release. F. No Admission of Liability This Settlement and Release is a compromise and settlement of disputed claims and is not intended as, and shall not constitute or be construed as, an admission of the truth or accuracy of any allegations by or against the CITY. G. Representation of Comprehension of Documents In entering into this Settlement and Release, the parties represent that they have relied on the legal advice of their attorneys, who are the attorneys of their choice, and that the terms of this Settlement and Release have been completely read and explained to them by their respective attorneys, and that those terms are fully understood and voluntarily accepted by the parties. 3 5rjones settlement agreementl1P10194 H. Governing Law The laws of the State of California shall govern this Settlement and Release in all respects, including but not limited to, matters of construction, validity, enforcement and interpretation. 1. Successors in Interest This Settlement and Release shall be binding upon, and inure to the benefit of, the parties and their respective successors, heirs and/or assigns, as applicable. J. Non -Assignment The parties represent and warrant that there has been no assignment or other transfer of any claim, action, demand, right or cause of action, or any other interest which they may have, or may have had, at any time whatsoever against each other. K. Authority to Execute Agreement The parties represent and warrant that each person whose signature appears below has been duly authorized and has full authority to execute this Agreement on behalf of the entity for whom such signature is indicated. Further, PLAINTIFFS agree that Michael T. Uberuaga, City Administrator, may execute this Settlement and Release on behalf of the Redevelopment Agency of the City of Huntington Beach. L. Number of Pages This Settlement and Release consists of eight (8) pages, including signature pages. 4 5.rjones settlement agreement/7r2=4 `.4 The undersigned have read this Settlement and Release and fully understand its terms: Dated: 712 S �"V THE CITY OF HUNTINGTON BEACH and THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH By: �ga Michael T. Uberuaga City Administrator Dated: 7 ^Z fl—�? ¢- CITY OF HUNTINGTON BEACH City Attorney's Office By: Gail Hutton �� 7 r4a _ s �-- 7 City Attorney *NOTE: Signature page of PLAINTIFFS to be supplied by PLAINTIFFS' attorney 5rjones settlement agreement/7120194 FROM LIECHTY JEFFRIES/WELLETO 714 374 1590 Is 07-20 14 40 #130 R OS/07 SIGNATURE PAGE OF PLAINTIFFS NAME SPACE PARKER, STAN 7 CLAUDE, EVELYN 36 GADDIS, INGRID 30 i HENDRIX, TED & BETTY 22 FALKENSTEIN, PATR�CIA 40 KROESCH, MAZIE 41 C',ARLIN, PHZL 3 MARINOVYCH, MARY is STIPE, MARGE 28 FADER, MR. & MRS 43 SHELTON, MARY i 29 JONES, HAROLD & NAN 44 _ i DITTRICK, KOLISHNZCK SIMON, PAT 38 BROOKS, GRACE 34 DELLSITE, JOHN & 35 CAROLE FRANKE, WM 33 APPROVED AS TO FORM tAOMXS WELLS, ESQ FP01 LIECHTY/TEFFRIES/UELLE 714 ::"4 1590 199 7-20 14 40 #130 F 06/07 • ,. SPACE # CITY CLAIM PLAINTIFF CLAIM PARKER,STAN 7 466282 568373 �p 1 C DEg ELY /� 36 p� �g 9537.43 /� .g Iy I� +4123.,28 CAA® I, INGRID 30 887994 +7260 59 HENDRIX, TED & qqETTY 22 15,579 40 +23 61 F LKENST IN, PATIRICIA 4 -12,121 36 +1098 98 IE 41 10,665 81 +3848.29 CA LI , PHI 3 -6715.3 +4291 28 FADER, MR & MR�43 -14 43 +2603 41 HELTC , MARY 29 -4478 0 +4267 77 JONES,HAROLDi NAN 44 -12,519 9 +5174 87 MITT ICK, KOLISH ICI -6269 4 +5245 51 SIMON, PAT 38 -560 r01 170375 BROOKS,GRACE 34 -4648 73 +2126 92 DELLSITE, JOHN 35 -147455 00 -8606 24 CAR LE FRANKE, WM 33 -6570 00 + 379 00 TOTALS 145,547 EX �a crates CO"AMOOK/ ZLLOCATXON _ , sa SDae City Claims OVE Tenant VAf±erence: F-qual Value 2/3 XqujI Value 213 City 113 OMM portion of 311C �lgia3 C a : enant Gail Agreed Val 'ARSKR 7 4662 5683 :LAIlDE 35 9537 4123 Formula and exact dollar amount M01315 30 8879 7260• distribution to be provided by Plaintiff's Attorney and in no 1' 22 15,579 23 event to be less than $60,000. 'ALK KSTSIN 40 L2,121 1098 3WESCH, 41 10,665 3848 2,RLIN 3 6715 4291 CILMOVICH 1e 12,454 2607' - iTlf'E 28 8985 2951 ' ?ADER 43 2403 2603 3UMTOK 29 4478 4267 ' JONN= 44 12,519 5174 ' )ITTRICX/ 6269 5245 ir-)SHNXCK 31MON 38 5606 1703 . - t 3ROOKS 34 4648 2126 )SLISITE-'—___—__.--Saa---------�-o FRANXE, WX 33 6570 379 TOTALS is rLAVR - iT FROM :LIECHTY/JEFFRIES/WELLS To : 714 3.a 1530 1SS4.0"-26 15=Ea n1E.o. P.C2/02 t CL81i C�]1BISfla f � 31LZQCaTIO� ,►�: - - Ems a e-9 Plaintiffs Vortica of 8 - Claaa� PARKER - 7 -- -4662 +5683 1353.83 CLAUDE 36 -9527 +4123 3077.13 GADDIS 30 -SS79 +7260 1903.26 REMPIX 22 -15,579 +23 5910.60 PAIMM!:TEIN 40 -22,121 +1098 4696.59 KROESCR 41 -10,665 +3848 3449.20 G`.mxm 3 -6715 +4291 2316.04 =INOVSCE 18 -12,454 +2607 4294.79 STIPE 28 -8989 +2951 3315.94 FADER 43 -1403 +2603 1531.85 =-VIT0:1 29 -4478 +4267 1765.87 JOVES 44 -12,519 +3174 3486.27 Dl--TRIC / -6269 +5245 1299.10 1OLISMUC K srMoN 38 -5608 +1703 2874.34 BROOKS 34 -4648 +2126 2498.77 DELLSITH" 35 -3843 -0- 3480.20 rx%m. WH 33 -6570 +379 3540.00 TOTALS-136,940.00 +53,381.00 51,393.78 m - s a" . W K C%i CJ 1 4 z N J EXHIBIT B-2