HomeMy WebLinkAboutMEHDI BOLOURIRAD - 2000-03-06(7) • March 6, 2000 - Council/Agocy Agenda - Page 7
E. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered by the City Council and
Redevelopment Agency to be routine and will be enacted by one motion in the form listed.
Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote.
E-1. (City Council) Approve Settlement of Action and Release Re: Citv v. Mehdi
Bolourirad, Performance Sales, et al. — OCSC 81 36 79 & 81 36 80 — (19475 & 19501
Beach Blvd) (600.10) — Approve Settlement of Action and Release as prepared by the
City Attorney's Office and dismissal of the cases, and authorize the Mayor and City Clerk
to execute the Settlement of Action and Release. Submitted by the City Attorney
[Approved 6-0-1 (Julien Absent)]
[City Attorney reported out action on E-1 taken on 08/30/99 -
This report made at end of meeting.]
E-2. (City Council - Deferred from 2-22-00) - Approve Guidelines for Local Community
Organizations Requesting City Support for Special or Specific Events (960.20) —
Approve city guidelines for processing requests from community organizations to waive
fees/direct costs, and to provide financial support for events on public property.
Submitted by the Director of Community Services Funding Source: Should not result in
any impact on the General Fund unless formal policy results in waiving of more fees
than does the current informal policy.
[Approved 6-0-1 (Julien Absent)]
E-3. (City Council) Aoorove Plans and Specifications and Authorize Request of Bids
for Enhancement Areas Wheelchair Ramp Installation Project, CC-1122 (600.70) -
1. Approve project specifications and authorize the Director of Public Works to solicit
construction bids for the Enhancement Areas Wheelchair Ramp Installation Project,
CC-1122; and 2. Approve sample contract subject to award of the contract to the lowest
responsible/responsive bidder. Submitted by the Director of Public Works. Funding
Source: Community Development Block Grant Funds - $48,000 Estimate.
[Approved 6-0-1 (Julien Absent)]
E-4. (City Council) Approve Aareement for General Manaaement, Engineerin
Secretarial and Fiscal Agent Services Between the West Orange County Water
Board and the City of Huntington Beach (600.10) - Approve and authorize the Mayor
and City Clerk to execute the agreement for general management, engineering,
secretarial and fiscal agent services — West Orange County Water Board — Agreement
for Retention of Contract Manager. Submitted by the Director of Public Works. City
expenses plus overhead are billed to the WOCWB and returned to the city as revenue.
[Approved 6-0-1 (Julien Absent)]
0 •
FCITY OF HUNTINGTON BEACH
Inter -Department Communication
TO: CONNIE BROCKWAY, City Clerk
FROM: GAIL HUTTON, City Attorney
DATE: March 14, 2000
SUBJECT: City v. Mehdi Bolourirad
Defendant John Pelochino
ff a rr,- lJ r'
� 'RCN. CA
1��� r'•ini� � h ;
John Pelochino was named as a defendant in the above matter. However, he is not apart of the
Settlement of Action and Release. He failed to respond to the Summons and Complaint, as well
as our numerous attempts to contact him, and as a consequence he cannot participate in the
settl ment. We are in the process of filing for a default judgment against him.
AIL HUT TON,,
City Attorney
"J.
r�
L
HB CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
TO:
HONORABLE MAYOR PETER GREEN AND
MEMBERS OF THE CITY COUNCIL
FROM:
GAIL HUTTON, City Attorney
DATE:
March 6, 2000
SUBJECT:
Report of Action Taken Pursuant to
Government Code Section 54957.1(a)(3)(B);
March 6, 2000, City Council Closed Session
PLEASE ANNOUNCE THAT:
PE&EWD FROM Ce
ANd MADI A PART OF RECO D T T
cdUN AIL MIETINO OF tx>p
0FICE OF THE CITY CLERK
d6NME BROCKWAY, CITY CLERK
On Monday, August 30, 1999, the City Council convened in closed session to discuss the
matter of City of Huntington Beach v. Mehdi Bolourirad, Orange County Superior Court Case
Nos. 813679 and 813680.
City Council voted to settle the referenced civil actions filed to enforce various Huntington
Beach Municipal Code violations of planning and zoning law. The following were the terms of
settlement:
1. The Defendants will deliver the amount of $10,000.00 in civil penalties to the City of
Huntington Beach by 5:00 p.m., September 10, 1999;
2. The Defendants will stipulate to vacate the subject premises on or before 5:00 p.m. on
September 25, 1999;
3. Upon failure of the Defendants to vacate the subject premises by 5:00 p.m. on
September 25, 1999, Defendants will deliver the amount of $37,500.00 in civil
penalties to the City of Huntington Beach by 5:00 p.m. on September 25, 1999. In
addition, Defendants will deliver the amount of $1,500 in civil penalties per day for
each day they fail to vacate the property after September 25, 1999;
4. The pending criminal complaint will be dismissed; and
5. The Defendants will provide the City of Huntington Beach with a full release with
respect to any claims regarding the processing of the CUP.
The Council voted as follows: 6 Ayes; 0 Nos; 0 Abstentions. Absent at vote:
Ralph Bauer.
"""V �- a'2tz—
GAIL HUTTON
City Attorney
GH/ab
cc: Ray Silver, City Administrator
Connie Brockway, City Clerk
C losed/Report/Bolourirad-Performance
CITY OF HUNTINGTON BEACH
MEETING DATE: March 6, 2000 DEPARTMENT ID NUMBER:
Council/Agency Meeting Held: Q0
Deferred/Continued to:
t'Approved ❑ Conditionally Approved Denied
fo — 0 — 31 UVEN ASS f fi
_
b r. City Clerk's Signature
Council Meeting Date: March 6, 2000
Department ID Number: CA 00-03
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
R..
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C
Lw
SUBMITTED TO:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
rg
SUBMITTED BY:
GAIL HUTTON, City Attorney
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PREPARED BY:
GAIL HUTTON, City Attorney
v. t:
-1
SUBJECT:
Approve Settlement of Action and Release re:
City v: Niehdi' Wlour rad-;, ' Performance Sales, et al
` -'
>
OCSC 813679 & 813680
Fstatement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Whether or not to enter into a Settlement of Action and Release
agreement with defendants in the above matter, thereby disposing of the case.
Fundinq Source: N/A
Recommended Action:
1. Motion to approve Settlement of Action and Release as prepared by the City
Attorney's.Office and dismissal of the cases.
2. Motion to authorize the Mayor and City Clerk to execute the Settlement of Action
and Release.
Alternative Action(s):
1. Do not approve Settlement of Action and Release.
2. Continue with litigation.
3. Do not authorize execution of the Settlement of -Action and Release.
Analysis: On July 19,1999, Conditional Use Permits 98-62 and.98-85 to establish an
automobile dealership at the two address locations, were denied by the Huntington Beach
City Council.
performance .2.
2/24/00 10:28 AM E _ 1
RRUEST FOR COUNCIL ACTION
MEETING DATE: March 6, 2000 DEPARTMENT ID NUMBER: CA 00-03
Based on City Council's decisions, the Planning Department advised the proprietor of
"Performance Sales and Leasing" that he had until 12:00 midnight on July 22, 1999 to
vacate the properties.
On July 27, 1999, an inspection of the property was conducted by Huntington Beach
Enforcement Officer Michael Fuentes. Officer Fuentes observed that Performance Sales
and Leasing continued to operate from 19475 and 19501 Beach Boulevard in violation of
the City order to vacate. At this time, Officer Fuentes issued a civil citation (CD-281) for
violation of HBMC §241.02-Operating Without an Approved Conditional Use Permit.
On July 28, 1999, Officer Fuentes observed that Performance Sales and Leasing continued
to operate from 19475 and 19501 Beach Boulevard. At this time Officer Fuentes issued a
civil citation (CD-282) for violation of HBMC §241.02-Operating Without an Approved
Conditional Use Permit.
On August 3, 1999, at 4:00 p.m., the City Attorney's office received a request to file
prosecution on two locations, 19475 and 19501 Beach Boulevard. See attached request
from Howard Zelefsky, Planning Director. A criminal action was filed Friday, August 6,
1999, pursuant to that request.
In addition, pursuant to the prosecution request and City Council authorization, a civil
action demanding the immediate cessation of operation was filed on August 24, 1999.
The following settlement offer of the Defendants was considered and .accepted by the City
Council in closed session on August 30, 1999, as to the civil and criminal actions pending
against Performance Sales & Leasing, Inc. and the property owners.
The Defendants will deliver the amount of $10,000.00 in civil penalties to the City of
Huntington Beach by 5:00 p.m., September 10, 1999;
2. The Defendants will stipulate to vacate the subject premises on or before 5:00 p.m.
on September 25, 1999;
3. Upon failure of the Defendants to vacate the subject premises by 5:00 p.m. on
September 25, 1999, Defendants will deliver the amount of $37,500.00 in civil
penalties to the City of Huntington Beach by 5:00 p.m. on September 25, 1999. In
addition, Defendants will deliver the amount of $1,500 in civil penalties per day for
each day they fail to vacate the property after September 25, 1999;
4. The pending criminal complaint will be dismissed; and
5. The Defendants will provide the City of Huntington Beach with a full release with
respect to any claims regarding the processing of the CUP.
performance -3- 2/28/00 4:52 PM
SQUEST FOR COUNCIL ACTION
MEETING DATE: March 6, 2000 DEPARTMENT ID NUMBER:
At this time, Defendants have met all obligations of the Settlement of Action and Release
and have signed the document. Upon execution by the City, dismissals of the civil action
will be filed.
We believe this is a positive outcome and. are especially pleased with the efforts of all those
involved in the enforcement process. The Administrative Citation program, created by the
City Attorney's Office has reduced litigation, staff time, court delays, and brings any
revenue benefits directly to the City, rather than the court system.
Environmental Status: N/A
Attachment(s):
RCA Author: Jennifer McGrath, ext. 5555
performance -4- 2/25/00 3:00 PM
SETTLEMENT OF ACTION AND RELEASE
WHEREAS, Mehdi Bolourirad and Seyed Razavi dba Performance Sales &
Leasing, Inc. ("Performance") are tenants of two parcels of real property, located in the City of
Huntington Beach ("City") known as 19475 and 19501 Beach Boulevard (the "Properties"); and
John Pelochino ("Pelochino") is the owner of the property located at 19475 Beach
Boulevard, Huntington Beach; and
Martha and Marco Velastegui ("Velastegui") are the owners of the property located at
19501 Beach Boulevard, Huntington Beach; and
Chapters 211.04 and 241.02 of the Huntington Beach Municipal Code ("Zoning Code")
requires that businesses fitting the definition of auto sales/leasing in the Commercial/General
zone obtain a Conditional Use Permit ("CUP"); and
City filed actions in Orange County Superior Court against Performance, Pelochino and
Velastegui, regarding the operation of an auto sales/leasing business. These actions are CITY OF
HUNTINGTON BEA CH vs. MEHDI BOL0URIRAD and/or SEYED RAZAVI, aka SAMRAZAVI,
and/or JAMES A. HAYES, JR., dba PERFORMANCE SALES AND LEASING, INC.; JOHN
PELOCHINO and DOES 1-10, Case No. 813679 and CITY OF HUNTINGTON BEA CH, vs.
MEHDI BOL0VRIRAD and/or SEYED RAZAVI, aka SAM RAZAVI, and/or JAMES A. HA YES,
JR., dba PERFORMANCE SALES AND LEASING, INC.; MAR CO VELASTEGUI; MAR THA
VELASTEGUI; MARCO and MARTHA VELASTEGUI, Trustees of the Velastegui Family Trust
dated January 26, 1981, and DOES 1-10, Case No. 813680 (the "Actions");
City filed a preliminary injunction in the Actions; and
jmp/k/plead/performancesetagree/09/17/99
Without either party admitting the truth or veracity of any allegations in the complaint,
the allegations of the Complaint in the Action are acknowledged by Performance, Pelochino and
Velastegui and City and incorporated by reference in this Agreement; and
The Properties are not presently zoned for use as an auto sales/leasing or auto storage
business; and
Performance, Pelochino and Velastegui made applications for CUPs to operate as an auto
sales/leasing businesses on the Properties, which were denied July 19, 1999; and
All Parties are desirous of ending the Actions and resolving all disputes concerning the
Actions,
NOW, THEREFORE, it is agreed as follows:
Agreement
Performance, Pelochino and Velastegui acknowledge that pursuant to City's
Zoning Code the Properties cannot be used as an auto sales/leasing business without a CUP.
Performance, Pelochino and Velastegui waives any and all rights to challenge the denial of the
CUP applications on July 19, 1999, for the Properties either facially or as applied.
2. Performance, Pelochino and Velastegui and its owners, stockholders, partners,
officers, agents, employees, assigns and successors -in -interest do hereby releaseand discharge
City and its officers, agents, employees and successors -in -interest, from any and all rights,
claims, demand, and damages of any kind, known or unknown, asserted or unasserted, existing
or arising on or before the date of execution of this Agreement and resulting from or related to
the allegations of the Complaint in the Actions, and the terms and conditions of the Zoning Code.
2
imp/k/plead/perfortnancesetagree/09/17/99
3. Performance, Pelochino and Velastegui delivered the amount of $10,000.00 in
civil penalties to the City of Huntington Beach by 5:00 p.m., September 10, 1999;
4. Performance, Pelochino and Velastegui will stipulate to vacate the subject
premises on or before 5:00 p.m. on September 25, 1999;
5. Upon failure of Performance, Pelochino and Velastegui to vacate the subject
premises by 5:00 p.m. on September 25, 1999, Performance, Pelochino and Velastegui will
deliver the amount of $37,500.00 in civil penalties to the City of Huntington Beach by 5:00 p.m.
on September 25, 1999. In addition, Performance, Pelochino and Velastegui will deliver the
amount of $1,500.00 in civil penalties per day for each day your clients fail to vacate the
property after September 25, 1999;
6. The pending criminal complaint against Defendant Mehdi Bolourirad will be
continued and should Defendants perform under paragraph 2, will be dismissed; and
7. Performance, Pelochino and Velastegui will provide the City of Huntington
Beach with a full release with respect to any claims regarding the processing of the CUP.
8. Each party hereto agrees to waive any claim it has against the other for costs or
attorney fees incurred in the Action.
9. Counsel for City shall file a dismissal without prejudice to the Complaint in the
Action within seven (7) days of cessation of the auto sales/leasing business on the Properties.
Counsel for City shall provide. counsel for Performance with a conformed copy of the dismissal
within seven (7) days of having filed the dismissal request.
10. Performance, Pelochino and Velastegui understand and agree that all of its rights
under Section 1542 of the Code of Civil Procedure or any similar law of any state or territory of
the United States, are hereby expressly waived. Said section reads as follows:
3
jmpWplead/perfomiancesetagree/09/17/99
r 0::
Section 1542. General Release -Claims Extinguished. A general
release does not extend to claims which the creditor does not know
or suspect to 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.
11. It is understood and agreed that this Agreement represents settlement of disputed
claims and is not to be construed as representing an admission of liability on behalf of any party
to this Agreement. The parties, however, intend to buy their peace and to forever provide a full
and complete release and discharge from any and all liability arising out of the transactions,
matters and events more particularly identified hereinabove.
12. All parties expressly warrant, represent, and agree that in executing this
Agreement, they do so with full knowledge of any rights which they have or may have. with
respect to the other, and that they have received independent legal advice from their respective
attorneys with respect to this Agreement, and with respect to the hereinabove referenced lawsuit.
All parties acknowledge that after entering into this Agreement, they may
discover different or additional facts concerning the subject matter of this Agreement or their
understanding of those facts. All parties, therefore, expressly assume the risk of such facts being
so different and agree that this Agreement, shall in all respects, be effective and not subject to
rescission, cancellation or termination by reason of any such additional or different facts.
13. Should either party bring an action against the other for the purpose of enforcing
the terms of this Agreement, or for damages arising from its breach, then in such event, the
prevailing party shall be entitled to its reasonable attorney fees and costs in addition to any other
award entered by the Court.
14. This Agreement shall inure to the benefit of the parties and to their respective
successors, representative and assigns, and shall be binding upon each of the foregoing.
4
j mp/k/pl ead/performancesetagree/09/ 17/99
15. This Agreement shall be binding as to Performance, Pelochino and Velastegui and
its owners, shareholders, partners, officers, employees, assigns and successors -in -interest.
16. This Agreement shall, in all respects, be interpreted, enforced and governed by
and under the laws of the State of California. This Agreement contains the entire agreement and
understanding between the Parties concerning the subject matter hereof and supersedes and
replaces all prior negotiations, proposed agreements or agreements, whether written or oral.
17. This Release Agreement maybe executed in one or more counterparts and, as so
executed, constitute one Release binding on all parties.. A copy of this Release Agreement shall
be as binding as the original.
IN WITNESS WHEREOF, each of the undersigned have executed this Agreement on the
date and year indicated below. Each of the below named persons warrant that they are duly
authorized to sign this Agreement on behalf of their principal and are authorized to bind their
principal to this Agreement.
Dated:
Dated: i —a-pwd
T
Dated:
Dated:
PERFORMANCE SALES &. LEASING
By:%'_
Nfe-hdi-Bolourirad
By:
Seyed Razavi
John Pelochino, owner 19475 Beach
Boulevard, Huntington Beach
Martha Velastegui, co-owner 19501
Beach Boulevard, Huntington Beach
Signatures continued on next page
5
jmp/k/plead/performancesetagree/11 /19/99
i. )�. �1., «� x mot._.. .tx- �i�21114 ��'. Y.f.�:�_ 3 Viti_•l_ 5 :' .. __ _ _ _ ..
15. This Agreement` shall be binding as to Performance; Pelochino and Velastegui and
its owners, shareholders, partners, officers, employees, assigns and successors -in -interest.
16. This Agreement shall, in all respects, be interpreted, enforced and governed by
and under the laws of the State of California. This Agreement contains the entire agreement and
understanding between the Parties concerning the subject matter hereof and supersedes and
replaces all prior negotiations, proposed agreements or agreements, whether written or oral.
17. This Release Agreement may be executed in one or more counterparts and, as so
executed, constitute one Release binding on all parties.. A copy of this Release Agreement shall
be as binding as the original.
IN WITNESS WHEREOF,- each of the undersigned- have executed this -Agreement on the
date and year indicated below. Each of the below named persons warrant that they are duly
authorized to sign this Agreement on behalf of their principal and are authorized to bind their
principal to this Agreement.
Dated:
Dated:
Dated:
Dated: / Z - / - ? 7
PERFORMANCE SALES & LEASING
IM
Mehdi Bolourirad
By:
Seyed Razavi
By:
John Pelochino, owner 19475 Beach
Boulevard, Huntington Beach
By:
Martha Velastegui, 6;-Avner 19501
Beach Boulevard, Huntington Beach
Signatures continued on next page
5
jmp,Wplead/performancesetagree/11/19/99
`: • ::-- .v:. - __ -... � ..".J %j'; iiY�H���� Y `���f tip. -•J�_ - _ w` b _. -. t- k
Amok
Dated: By: (/
Marco Velastegui, co4lWner 19501
Beach Boulevard, Huntington Beach
Dated: CITY OF HUNTINGTON BEACH
Approved as to form and content:
Dated:
1999
Approved as to form.and content:
Dated: , 1999
6
By:
Mayor
ATTEST:
City Clerk
PALMIERI, TYLER, WIENER, WILHELM
Gregory N. Weiler,.Attorney for
Defendants Bolourirad, Razavi,
Pelochino ate- 9#-�'- *Sr/_ 9 flan
GAIL HUTTON, City Attorney
Gail Hutton, City Attorney, Attorney
for City of Huntington Beach W5
�6b
jnVk/plea&pm formancesetagree/11/19/99
•
Dated:
Dated:
Approved as to form and content:
o2d�d
Dated: oz ,-�999-
Approved as to form and content:
Dated: �j b ; 2,
6
jnVAdp1ead/pWbmmncesetagree/11 /19/99
0
Marco Velastegui, co-owner 19501
Beach Boulevard, Huntington Beach
CITY OF HUNTINGTON BEACH
By:
Mayor
ATTEST:
.City Clerk /
PAL , TYLER, WIE ,.W E]
By:
Grego , Attorney for
Defend olourirad, Razav, i,
fleleehim" mid
GAIL HUTTON, City Attorney
By:
Gail Hutton, City Attorney, Attorne /
for City of Huntington Beach J l
/�Oa
SETTLEMENT OF ACTION AND RELEASE
a2rHs-f cc1. AWAe-
WHEREAS, Mehdi Bolourirad and Seyed Razavi dba Performance Sales &
Leasing, Inc. ("Performance") are tenants of two parcels of real property, located in the City of
Huntington Beach ("City") known as 19475 and 19501 Beach Boulevard (the "Properties"); and
John Pelochino ("Pelochino") is the owner of the property located at 19475 Beach
Boulevard, Huntington Beach; and
Martha and Marco Velastegui ("Velastegui") are the owners of the property located at
19501 Beach Boulevard, Huntington Beach; and
Chapters 211.04 and 241.02 of the Huntington Beach Municipal Code ("Zoning Code")
requires that businesses fitting the definition of auto sales/leasing in the Commercial/General
zone obtain a Conditional Use Permit ("CUP"); and
City filed actions in Orange County Superior Court against Performance, Pelochino and
Velastegui, regarding the operation of an auto sales/leasing business. These actions are CITY OF
HUNTINGTON BEA CH vs. MEHDI BOL0URIRAD and/or SEYED RAZAVI, aka SAMRAZAVI,
and/or JAMES A. HA YES, JR., dba PERFORMANCE SALES AND LEASING, INC.; JOHN
PELOCHINO and DOES 1-10, Case No. 813679 and CITY OF HUNTINGTON BEA CH, vs.
MEHDI BOLOVRIRAD and/or SEYED RAZAVI, aka SAM RAZA VI, and/or JAMES A. HA YES,
JR., dba PERFORMANCE SALES AND LEASING, INC.; MARCO VELASTEGUI; MARTHA
VELASTEGUI; MARCO and MARTHA VELASTEGUI, Trustees of the Velastegui Family Trust
dated January 26, 1981, and DOES 1-10, Case No. 813680 (the "Actions");
City filed a preliminary injunction in the Actions; and
1 �
jmp/Wplead/performancesetagree/09/17/99 ~'
Without either party admitting the truth or veracity of any allegations in the complaint,
the allegations of the Complaint in the Action are acknowledged by Performance, Pelochino and
Velastegui and City and incorporated by reference in this Agreement; and
The Properties are not presently zoned for use as an auto sales/leasing or auto storage
business; and
Performance, Pelochino and Velastegui made applications for CUPs to operate as an auto
sales/leasing businesses on the Properties, which were denied July 19, 1999; and
All Parties are desirous of ending the Actions and resolving all disputes concerning the
Actions,
NOW, THEREFORE, it is agreed as follows:
Agreement
1. Performance, Pelochino and Velastegui acknowledge that pursuant to City's
Zoning Code the Properties cannot be used as an auto sales/leasing business without a CUP.
Performance, Pelochino and Velastegui waives any and all rights to challenge the denial of the
CUP applications on July 19, 1999, for the Properties either facially or as applied.
2. Performance, Pelochino and Velastegui and its owners, stockholders, partners,
officers, agents, employees, assigns and successors -in -interest do hereby release and discharge
City and its officers, agents, employees and successors -in -interest, from any and all rights,
claims, demand, and damages of any kind, known or unknown, asserted or unasserted, existing
or arising on or before the date of execution of this Agreement and resulting from or related to
the allegations of the Complaint in the Actions, and the terms and conditions of the Zoning Code.
2
imp/k/plead/perfonnancesetagree/09/17199
• •
3. Performance, Pelochino and Velastegui delivered the amount of S 10,000.00 in
civil penalties to the City of Huntington Beach by.5:00 p.m., September 10, 1999;
4. Performance, Pelochino and Velastegui will stipulate to vacate the subject
premises on or before 5:00 p.m. on September 25, 1999;
5. Upon failure of Performance, Pelochino and Velastegui to vacate the subject
premises by 5:00 p.m. on September 25, 1999, Performance, Pelochino and Velastegui will
deliver the amount of $37,500.00 in civil penalties to the City of Huntington Beach by 5:00 p.m.
on September 25, 1999. In addition, Performance, Pelochino and Velastegui will deliver the
amount of S1,500.00 in civil penalties per day for each day your clients fail to vacate the
property after September 25, 1999;
6. The pending criminal complaint against Defendant Mehdi Bolourirad will be
continued and should Defendants perform under paragraph 2, will be dismissed; and
7. Performance, Pelochino and-Velastegui will provide the City of Huntington
Beach with a full release with respect to any claims regarding the processing of the CUP.
8. Each party hereto agrees to waive any claim it has against the other for costs or
attorney fees incurred in the Action.
9. Counsel for City shall file a dismissal without prejudice to the Complaint in the
Action within seven (7) days of cessation of the auto sales/leasing business on the Properties.
Counsel for City shall provide counsel for Performance with a conformed copy of the dismissal
within seven (7) days of having filed the dismissal request.
10. Performance, Pelochino and Velastegui understand and agree that all of its rights
under Section 1542 of the Code of Civil Procedure or any similar law of any state or territory of
the United States, are hereby expressly waived. Said section reads as follows:
3
jmp/k/plead/pertomiancesetagree/09/17/99
Section 1542. General Release -Claims Extin fished. A general
release does not extend to claims which the creditor does not know
or suspect to 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.
11. It is understood and agreed that this Agreement represents settlement of disputed
claims and is not to be construed as representing an admission of liability on behalf of any party
to this Agreement. The parties, however, intend to buy their peace and to forever provide a full
and complete release and discharge from any and all liability arising out of the transactions,
matters and events more particularly identified hereinabove.
12. All parties expressly warrant, represent, and agree that in executing this
Agreement, they do so with full knowledge of any rights which they have or may have with
respect to the other, and that they have received independent legal advice from their respective
attorneys with respect to this Agreement, and with respect to the hereinabove referenced lawsuit.
All parties acknowledge that after entering into this Agreement, they may
discover different or additional facts concerning the subject matter of this Agreement or their
understanding of those facts. All parties, therefore, expressly assume the risk of such facts being
so different and agree that this Agreement, shall in all respects, be effective and not subject to
rescission, cancellation or termination by reason of any such additional or different facts.
13. Should either party bring an action against the other for the purpose of enforcing
the terms of this Agreement, or for damages arising from its breach, then in such event, the
prevailing party shall be entitled to its reasonable attorney fees and costs in addition to any other
award entered by the Court.
14, This Agreement shall inure to the benefit of the parties and to their respective
successors, representative and assigns, and shall be binding upon each of the foregoing.
4
jmp/k/plead/perfon nancesetagree/09/17/99
15. This Agreement shall be binding as to Performance, Pelochino and Velastegui and
its owners, shareholders, partners, officers, employees, assigns and successors -in -interest.
16. This Agreement shall, in all respects, be interpreted, enforced and governed by
and under the laws of the State of California. This Agreement contains the entire agreement and
understanding between the Parties concerning the subject matter hereof and supersedes and
replaces all prior negotiations, proposed agreements or agreements, whether written or oral.
17. This Release Agreement may be executed in one or more counterparts and, as so
executed, constitute one Release binding on all parties.. A copy of this Release Agreement shall
be as binding as the original.
IN WITNESS WHEREOF, each of the undersigned have executed this Agreement on the
date and year indicated below. Each of the below named persons warrant that they are duly
authorized to sign this Agreement on behalf of their principal and are authorized to bind their
principal to this Agreement.
Dated:
Dated:
Dated:
Dated:
PERFORMANCE SALES & LEASING
Ivl"ehdi Bolourirad
By:
Seyird Razavi
John Pelochino, owner 19475 Beach
Boulevard, Huntington Beach
Martha Velastegui, co-owner 19501
Beach Boulevard, Huntington Beach
Signatures continued on next page
jmp/Wplead/perfortnancesetagree/11 /19/99
Dated: By:
Marco Velastegui, co-owner 19501
Beach Boulevard, Huntington Beach
Dated:
Approved as to form and content:
o2dD�
Dated: 02 ,-1999-
Approved as to form and content:
Dated: ,�1.99
CITY OF HUNTINGTON BEACH
By:
Mayor
ATTEST:
City Clerk
PAL , TYLER, WIE , W L
. rl I
By:
Grego , Attorney for
DefendahtsZolourirad, Razavi,
i 4y>/
GAIL HUTTON, City Attorney
By:
Gail Hutton, City Attorney, Attorne
for City of Huntington Beach 3 !
/'
6
jmp/k/plead/perfonfrrancaetagree/I l /19/99
CITY OF HUNTINGTON BEACH
.� INTER -DEPARTMENT COMMUNICATION
HUNTINGTON BEACH Connie Brockway, City Clerk
Office of the City Clerk
.o
Date: Meeting Date: leA Agenda Item: J�
Approved City Council Agenda Items: The City Clerk's Office is unable to proceed witt
attached Agenda Item due to the following requirements that have not been met. When of
ready to resubmit, please return to: Pat Dapkus, Management Assistant, City Adm' stratc
he execution of the
Agenda Item is
s Office.
1
Sign Awe(s)-Neede_d .
On RCA
B
On -Agreement _ 0,ez /R
C
Other It V
2.
Attachments
A
Missing
B
Not identified
C
Other
3.
Exhibits
A
Missing
B
Not identified
C
Other
4.
Insurance Certificate (Proof Of Insura e)
A
Not attached
B
Not approved by City Attorney's 91Yfice
C
Signed form notifying City Clerk t t department will be responsible for obtaining insurance certificate on this item. (See form attached)
5.
Wording On Request For uncil Action (RCA) Unclear
A
Recommended Action o RCA not complete
B
Clarification needed o RCA
Other
City AttomeyXpprovdl Required
7.
Agreemepf Needs To Be Changed
A.
Page
8.
Other
G:agenda/miscircadd