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Home My WebLink AboutC24100C-G - Fred Waring Soundwall - Desert BreezesContract No.'s C24100C-G REQUEST: SUBMITTED BY: DATE: CONTENTS: Recommendation: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Receive and Authorize the City Clerk to File General Release Agreements in Conjunction with the Fred Waring Drive Soundwall at Desert Breezes Mark Greenwood, P.E. Director of Public Works April 12, 2006 General Release Agreements Vicinity Map That City Council, by Minute Motion: 1. Receive the General Release Agreements for properties affected by the height reduction of the Fred Waring Drive Soundwall at Desert Breezes, and 2. Authorize the City Clerk to Record the General Release Agreements in the Office of the Recorder for Riverside County. Discussion: On March 8, 2006 the City Council approved a height reduction for the five properties west of the entrance at Desert Breezes in conjunction with the construction of the Fred Waring Drive Soundwall. The properties affected by the height reduction are 77699 Calle Las Brisas South, 77707 Calle Las Brisas South, 77717 Calle Las Brisas South, 77723 Calle Las Brisas South, and 77733 Calle Las Brisas South. Each of the affected property owners executed a General Release Agreement attesting that they requested a height reduction and will hold the City harmless from any future claims resulting from the height reduction. Staff Report -File General Release Agreements for Height Reduction (654-01) Page 2of2 April 12, 2007 Therefore, staff recommends that the City Council, by minute motion, receive the General Release Agreements for those properties affected by the Fred Waring Drive Soundwall Height Reduction and authorize the City Clerk to record the same. Prepared By: Department Head: Bo Chen, P.E. Mark Greenood, P.E. Senior Engineer Approval: fHomer Croy ACM for Development Services Carlos L. Ortega City Manager Approved as to Content: David J. Erwin City Attorney /cis Director of Public Works CITY COUNCIL. ACTION. APPROVED V DENIED RECEIVED OTHER MEETING DATE 1-}_1,)-Dri AYES: Pfon, Fern usw, Fi ner+y) 3p el, ko_±y NOES: Mane J J J ABSENT: t iDne_ ABSTAIN: �S nne. VERIFIED BY: 2QVJrq Original on File with,�City Clerk's Office G:\PubWorks\Staff Reports \2007\April 12\08 Record Individual Agreements as to Fred Waring Soundwall Height\Staff Report Height Reductions FWD Soundwall.doc �Ills�en Recorded Mail To: . � Cit},� of P�im Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: City Clerk GENERAL RELEASE AGREEMENT This General Release Agreem�nt ("Agreement") is made and entered in�o as of {"Effecti�e Date°}, by John F. Jaramillo and Carolyn B. Jaramillo, Trustees of the Jaramillo Martial Trust Dated 4-12-94, ("Owners"}, in favor of the City of Palm Desert (°Cify"). Owners, and City are sometimes he�-einafter individually referred to as a"Party' and/or collecti�ely r�ferred to as #he "Parties," regarding the following facts: RECITALS A. The City is in the process of ha�ing a soundwall construc#ed along the norih s�de ofi Fred Waring Drive between Ca�ifornia Dri�e and Washington Street, located in the City. The City will cause to be constructed an ten foot (10'} saund barrier wall ("Wafl"} alongside Fred Waring to shield residen�s living adjacent to Fred Waring from the increased noise that will be generated due to �he upsurge in traffic. Specifically, the exis#ir�g walls located between Fred Warir�g Dri�e and residents' homes wilf be removed, and re��acing these existing walls with the new Wall. Because the constr�ction of the Wall may damage the landscape of the residents li�ing along side Fred Waring, the City will cause the iandscape to be repaired andlor re�lace any damaged landscape B. Owners are the legal owners of property commonly known as 77733 Calle Las Brisas, Palm Desert, California 92211; Assessor's Parcel Number fi37-440-aQ1; and legally described as Lot 1 of Tract � 9748-1, as shown by Map on file in Book 142, pages 49 to 54inclusi�e of Maps {"Property'}. The Property is located alongside Fred Waring. Because the ten�foot (10') Wall is being constructed betweert the Property and Fred Waring, the City will contract to repair ancflor replace any of the Owners' landscape that may be damaged as a result of #h� cons#ruction of the Wafl. C. Instead of having a ten-foot (10') Wali constructed between the Property and Fred 11!�aring �rive, O►wners are requesting a reduction ir� fhe '�N�lI h�ight. Tt�� wners' request for a reduction in the Wall heig�t as described in Recitals "B" is hereinafter referred to as the "Requested Height". D. T�e Parties desire to settle alf matters described herein as well as any and all disputes or potenfial disputes, claims or potential claims, each of the Parties hereto � have, had, or may in the future ha�e arising out of any of the Parties' actions wi#h respect to the Requested Height on the terms and conditions set forth in this Agreement, together with such other documents as may be necessary fio effectuate the Agreement, rather than incur the costs of litigation and the uncertainties associaied therewith. � Page 1 of 4 NOW, THEREF�RE, in consideratior� of the height reduction arrangement discussed in Paragraph 2 below, and fior other good ar�d valuable consideration, receipt of which is hereby acknowledg�d, the Owners agree as follows: 1. Incor�oration of Recitals. The foregoing Recitals are her�by incorpora�ed by this reference as though fully se� forth at length herein. 2. Walf Height. City shall constrt�ct the Wall to a height requested by the Owner. The height of the wall shall be under eight feefi {8') in I�eigF�t. 3. Ger�era! Release. Upon constr�action of the Wall at Owners' requested height as disc�ssed in Paragraph 2, Owners, for themsel�es and eacF� of their predecessors-in-interest, spouses, relatives, subsidiaries, affiliaies, representatives, agen#s, parfiners, co-owners, joint venturers, employees and attorn�ys, past and present, successors, assigns, heirs, executors, administrators and transferees, release the City from any and a!I causes of action, claims, demands, damages, expenditures, costs, attorney fees, liens, obfigations and liability of any type or r�ature, whether known or unknown, suspected or unsuspected, which Owners may now ha�e or cEaim to ha�e, or has at any time heretofore ha� against the City by reason of the matte�s set forth herein and any claim or interesfi relating to #he Requested Height. 4. Wai�er of Ci�il Code ��542. Owners hereby acknowledges that they understand th� meaning of Section 1542 of the Ci�il Code of the State vf Califarnia, whic� pra�ides as follows: "A general release does not extend to claims which the creditor does not know or suspect #o exist in his favor at the time of executing the release, which, i# known by him, must have materially affected his settlement with the debtor." 5. S�ttfemenf of Disputed C�aims. The Parties hereby acknowledge that this Agreement affects tF�e settlement of disputed claims and should not be construed as an admission of liabilifiy on the part of any Party hereto. No Party is admitting ±he sufficiency of any c�aim, allegation, assertion, contention or position of any other Party, nor the sufficiency of any defense to any such claim, allega�ion, assertion, contention or positfon. The Parties have entered into this Agreement in good faith and with the desire to forever settie ar�d resolve their claims fio the Requested Heighi. 6. Entire Aqreement, Moc��fications ancf Wai�rer. This Agreem�nt consfitutes the �n�ire agreement between the Parties with respecf to such terms as are included herein and the Parties acknowledge that #hey ha�e not executed this instrume�t in reliance on any promise or representation or warran#y not contained herein. T�fs Agreement supersedes and replaces all prior settlement r�egofiiations andlor proposed settlements. This Agreement may not be contradicted by evidence of any prior ar contemporaneous oral or written agreement. No alteration, supplement, modification or am�ndment of this Agreement shall be binding unless executed in writing by all of the Page 2 of 4 Parties hereto. No wai�er of any of the pro�isions of this Agreement shall be deemed or shafl constitute a wai�er of any other provision, wi�ether or not similar, nor shall any wai�er constitute a continuing waiver, No waiver shafl be binding unfess execu#ed in writing by the Party making the wai�er. 7. Applicabfe Law. Jurisdiction and Venue. This Agreement shall be deemed to have been entered into and shall, in all respects, be inter�reted, construed, enforced and governed by and under the laws of the State of Califarnia. The Ri�erside County Superior Court, Indio Branch, shal! ha�e jurisdiction o�er the matters presented herein. 8. Sect�on Headinas, Ge�der and Svntax. The section and paragraph headings contained in tf�is Agreement are �or reference purposes only and shall not affect ir� any way the construc#ion or in#erpretation of this Agreement. Whenever in this Agreement the context so requires, the masculine or feminine or neuter gender and the singular and plural number shall be deemed to refer and incfude the other. 9. No Assianment of Claim. The Pa�ties hereby represent ar�d warrant to each of the other Parties that no claims they might ha�e, or do ha�e, a�d which are otherwise referenced and released by this Agreem�nt have been assigned or transferred to any person, corporatio� or other entity, either voluntarily or in�oluntarily, artd �hat there are no lawsuits pending between the Parties, other than the Requested Height which is the subj�ct of this Agreem�nt. The Parties hereby agree that they wil! indemnifiy and hold �ach of the other Parties �armless from any loss, inclucling attorney fees and costs incurred, which may resuit from breach of any term ar condition of t�is Agreement. 10. Bindinq on Successors. This Agreem�nt shall be binding on and inure fo the benefit of the Parties here#o and their respective heirs, legal representati�es, successors, assigns, execufors and adminfstrators. 11. No Tl�ird Partv Riahts. Except as otherwise expressly set for�h herein, nofihing contained ir� this Agreement is intended to confer any righ� or benefit upon any person or entity other than the Parties hereto and their successors. 12. Severabilitv. If any provision of this Agreement is h�l� in�alid or unenforceable, in whole or in part, by any court of final jurisdictian, it is tf�e intent of th� Parties that all other provisions of t�is Agreement be construed to remain fully valid, enforceabfe and binding on the Parties in all respects as if such in�alid or unenforceable provision were omitted. Any court of final jurisdic�ion will have the authority to modify or replace the ir�valid or unenforceable term or provision wi#h a vafid and enforceable term or provision that most accurately represents �he int�niion of fihe Parties. 13. Attornevs' Fees. Each of the Parties shall bear their own respective attorneys' fees, costs and expenses� regarding the Requested Height, including thase incurred in the preparation of this Agreemen#. !f any legal action or any arbitration or other proceeding is broughf for the enforcement of tf�is Agreement or �ecause of an alfeged dispute, �reach, default or misrepresentation in connection with any of the Page 3 of 4 - ._ ..; — —� �. _ .. ._ . . . ' � . � ' � +. i � . f � . f� ' . + i ' i ' S i � ' � � � . � I f � � . . � . . � � i . � � i � �' " " " r _ ' ' . _ . . .. .. .. . _. .. .. ._ .. _. .. .. . . _ . ._ .. _ .. l , J c�' ALL PURPOSE ACKNOWLEDGMENT � �� — � ��_� , State of Cal�ornia 1 r �:, County of �� r.c��.� J ss. " +_1 � �, Qn ��,.�a�� before me, �� r�� -�- �� ,a Notary Public, perso�ta�ly �� appeared,J �'�.�.� � ��rzr��o ��.�i� �. ,5��.�i��personal ly known to me (or proved to -i � me on the basis of satisfactory evidence) to be the person(s) whose name(s} �i�slare subscribed 4� � fo the withir� instrument and acknowledged to me that hefsFielthey ex�cuted the same in `_� �F�isff�e�rltheir authorized capacity(ies), and that by k��i�sl`�e�ltheir signat�re{s) on the ir�strument ��-; - the person(s), or the entity upon behalf of which ihe person(s) acted, ex�cuted the i�strument. �� c.: -' WITNESS my hand and official seal. Seal `� '.� r �7 � � Signat ce=�� } � � r � '� � $HEtU �. ��IKE � <; lY ` CoYir.� 18�815 `�) � Mat�Rrr�tic.CAtso� � : ` -1 � � �� w""�„rwr.fi0 o mo� � ,.} I} �_1 � �_ �r . ��.�� i�F�i �'11E �'f�i.�:��1��1 ��T^��I�T�� ;� �{}�� r�':{J��.�.�F �'i1��ri�T�'.l} � �� {. �� 1 � The infortnation set forth below is an e#fort to protect members of the public, the Notary Public, or other officer from �� I � unauthorized use of this form. Please note: the capacity(ies) of the signers are NOT certified by the Notary Public or other �� oi�icer and have not and will not be verified in any way by tlse Natary Public or other offieer. �' �� ATTENTTON: THE IAENTIFIABLE ATTRIBUTES OF'T'HE ATTACHED DOCUMENT ARE AS LISTED BELOW �� Type or Title af Document: � � � Date of Document: Number of pages (including attached exhibrts) �� L� Name(s) of Creditable Witness(es), if any: , �.� C�� The Signer(s) claimed the following capacity(ies) __] c. � Signatory's Nacne: Signatory's Name: ] � D Individual D Individual r�� ❑ Corporate Officer: (1°osition) ❑ Corporate Officer: (Positiorr} � �� 0 Partner: (Lrmrtea� (Geraeral} ❑ Partner: (Limited} (Genera� �, 1 �__ ❑ L.L.C.: (Position} ❑ L.L.C.: (Position) � 5 ❑ Trustee ❑ Trustee �f ❑ Attorney in Fact ❑ Attorney in Fact k ❑ Conservator ❑ Conservator 7 � ❑ Guardian ❑ Guardian ' �� ❑ Ot�ier: CI Other: � C:� ,.1 �, � '� �� ' `1 � �. �� t7 � �. , T`Hi]MBPRINT: Identify below only if the prrnt is OTHER THAN TH�TMBPRINT: ldentify below only ifthe print is �THER TH.4N ftIGHT thumbpriMt ofthe signer: RIGHT rhumbprint ofthe srgner: l__ {� r� i_ ., �_If ti-' x�Jrt7_tl�. I xL� �� x. � 7 I ti_�� I�� x ! 7 I� Ir x �� i'i f 5. i� I 7 � 5' t�'�I I!? x. �� i I.'. I{�I i�i I�..� �.� I, y rr � 2000 AME1tIGaN No'rnuY Ixs'1TrUTB • 711 South Brea Boulevard, Brea, CA 92821 •(7i4) 671-2889 provisions of this Agreement, the successful or pre�ailing party or parties shall be entitled to reco�er reasonable attorneys' fees and other costs and expenses incurred in that action or proceeding in addition to any other relief to which it or they may be enti#fed. 14. Counterparts and Fax Transmiss�on. This Agreem�nt may be executed in caunterpart and exchanged by facsimile, artd a!I original or facsimife counterparts, when taken together, shall be valid as one instrument as though signed in original or� a single page. 15. Authorization. Any Party signing this Agreement on behalf of an en#ity o#her than themsel�es, hereby represents and warrants that such Party has authority to sign on behalf of the inclicated entity. IN WITNESS WHEREOF, Owners hereby execute this Agreement as of the Effective Date hereunder. The undersigned hereby warrant that they are iegalfy authorized and entitled to settle and to release e�ery claim herein released and to give a valid, full and final acquittance therefor. DATED: �0 3 �� .� �` • ��% „ � John F. Jaramillo, Trustee DATED: �Q � 3 �D� l �� Carolyn�. J illo, Trustee Page4of4 When Recorded Mail To: City of Palm Desert 73-510 Fred Waring Drive Palm D�sert, California 92260 Attention: City Clerk GENERAL RELEASE AGREEMENT This Genera! Release Agreement {"Agreement") is made and entered into as of __(°Effecti�e Date"}, by Christopher Sharpe, a married man as his sole and separate property("Owners"}, in favor of the City of Palm Desert ("City"). Owners, and City are sometimes hereina�ter individually referred to as a"Party" andlor coflectively referred to as the "Parties," regarding the foflowing fiacts: RECiTALS A. The City is in the process of ha�ing a soundwall constructed along �he north side of Fred Waring Drive between California Dri�e and Washingion Stre�t, located in the City: The City will cause to be constructed an fen foot (10') sound barrier wall ("V1IaIP') alongside Fred War'rng �o shield residents li�ing adjacent to Fred Waring from the increased noise that will be generated due ta the upsurge in traffic. Specifically, the existing walls located between Fred Waring Drive and resic�ents' homes will be removed, and replacing these e�isting walls with the new Wall. Because the construction of the Wall may c�amag� th�e landscape of the residents living along side Fred Waring, the City will cause the fandscape fo be repaired andlor replace any damaged landscape � B. Owners are the legal owners of property commo�ly knawn as 77723 Calle Las Brisas, Palm Desert, Califorr�ia 92211; Assessor's Parcel Number 637-440-002; and lega!!y described as Lot 2 of Tract 19748-1, as shown by Map on file in Book 142, pages 49-5�4 inclusi�e of Maps ("Property"}. The Praperty is located alongside Fred Waring. Because the ten-foot {�Q') Wafl is being constructed between the Property and Fred Waring, the Cify will contract to re�air andlor replac� any o� the Qwners' landscape that may be damaged as a result of the construction af t�e Wall. C. Instead af having a fien-foo� {�0') Wal! cons#ructed between the Property and Fred Waring Drive, Owners are requesting a reduction i� the Wall height. The Owners' `request for a reduction in the Wall height as described in Recitals "B" is h�reinafter referred to as the "Requested Height". D. all disputes have, had, respect to Agreement, Agreement, therewith. The Parties desire to settle all matters described herein as well as any and or�potential dispu#es, claims or potential claims, each of the Parties hereto ar may in the future ha�e arising out of any af the Parties' actions with the Requested Height on the terms artd contlitions set forth in this tagether with such ather documents as may be necessary to �ffectuate the rafher than incur the costs of fitigation and tf�e uncertair�ties associated NDW, THEREFORE, in consideration of the height reduc#ion arrangemen# discussed in Paragraph 2 below, and for other good and valuable consideration, receipt of which is hereby acknowf�dged, fhe Owners agree as follows: Page 1 of 4 1. Incorporation of Recitals. The foregoing Reci#als are hereby incorporatec� by this re#erence as though fully set forth at length herein. � , 2. Wail Heiaht. City shall construct the Wall to a�eigh�# requested by the Owner. The heigh� of the wall sha�l be un�er ten feet (10') in height. 3. General Release. Upon construction of the Wall at Owners' requested height as discussed in Paragraph 2, �wners, for themsef�es and each of their predecessors-in-interest, spouses, relatives, subsidiaries, afFiliates, representatives, agents, partners, co-owners, joint �enturers, employees and attorneys, past and pr�sent, successors, assigns, heirs, executors, administraiors and #ransf�rees, release the City from a�y and all causes of actior�, claims, demands, damages, expenditures, costs, attorney fees, liens, obligations and liability of any type or nature, whether icnown or unknawn, suspected or �nsuspected, which Owners may now have or claim to have, or has at any time heretofore had against the City by r�ason o� the matters set forth herein and ar�y claim or in�erest relating to the Reqt�ested Heighf. 4. Wa�ver of Ci�il Code �1542. Owners hereby acknowf�dges t�at . they understand the meaning of Section 1�2 of �he Civ�l Code of the State of California, which provides as follows: : ' w "A general release does i�ot ex#end to claims which the creditor does not know or susp�ct to exist in his favor ai the time of execufing the release, which, if known by him, must have materially affected his settiement with the debtor." � 5. Settlement of D'isputed Claims. The Parties hereby acknowledge that this Agreement affects the settle�rrent of disputed ciaims and should no# be construed as an admission of liability on �he part of any Pa�ty her�to. No Party is admitting the sufficiency of any claim, allegation, assertion, conten�ion or position ofi any other Party, . nor the sufficiency of any defense to any such claim, allegation, assertion, contention or � posi#io�n. The Parties have entered into this Agre�ment in good faith and with the desire to forever settfe and resolve their claims to #he Requested Height. 6. Entire Aqreement, Modifications and Wai�er. This Agreement constitutes the entire agreement between �he Parties with respect to such terms as are included herein and the Parties acknowledge that they �a�e not executed this instrument in reEiance on any promise or representation or warranty not contained herein. This Agreement supersedes and repfaces all prior settlement negotiations andlor proposed settlements. This Agreement may not be contradicted by evidence of any p�'ior or contemporaneous oral or written agreement. No alteration, supplement, modificatjon or amendmEnt of this Agreement shall be binding unEess executed in writing by all of the Parties here#o. Na waiver of any of the provisions of this Agreement shall be deemed or shall consfiitute a waiver of any other provision, whether or nof similar, nor shali any wai�er constitute a continuing wai�er. No wai�er shall be binding unless executed ir� writing by #he Party making the wai�er. Page 2 of 4 7. Ap�ficable Law, Juriscfiction and Venue. This Agreement shal[ be deemed to ha�e been entered in#o and shalf, in all respects, be inte�preted, construed, enforced ancf governed by and under the laws of the State of California. The Ri�erside County Superior Court, Indio Branch, shall ha�e jurisdictian a�er the matters presented herein. 8. Section Headinas, Gender and Svntax. The section and paragraph headings contained in this Agreement are for reference purposes only and shall nof affect in any way the construction ar interpretation of this Agreement. Whene�er in this Agreement the context so requires, the masculin� or feminine or neuter gender and t}�e singular and plural number shall be deemed to refer and include the other. 9. � Na �ssiqnment of Claim. The Parties hereby represent and warrant to each of the other Parties that no c�aEms ihey m�ght have, or do have, and whic� are otherwise refe�enced and released by this Ag�eement have been assigned or transferred �o any person, corporation or other entity, either voluntarily or in�oluntarily, and that there are no lawsuits pending beiween the Parties, other than fhe Requested Height which is the subject of this Agreement. The Parties hereby agree that they wi�1 indemrtify and hold each of the other Parties harmless from any loss, including attorney fees and costs incurred, whEch may result f�'om breach of any term or condition of this Agreement. � = 10. Bindir�a on Successors. Tfiis Agreement shall be binding on and inu�e to the benefit of the Parties hereto and their respecti�e heirs, legal representati�es, successors, assigns, execufors and administrators. 1�. No Third Partv Riqhts. Except as otherwise expressly set forth herein, nothing contained in this Agreern�nt is intende�i to confer any right or benefit upon any person or entity othe�' than the Pa�ties hereto and their s�ccessors. 12. Severabilitv. If any pro�ision of this Agreement is held invalid or unenforceable, in whole or in part, by any court o� final jurisdiction, it is t#�e intent of the Parties that all other provisions of this Agreement be construed to remain fuliy �afid, .' enforceable and binding on the Parties in all respects as if such in�alid or unenforceable provisiori were omitted. Any court of final jurisdiction will have the authority #o modify or replace the invalid or unenforceable term o� pro�ision with a valid and enforceable term or provision that most accurately represents the intention of tl�e Parties. 13. Attornevs' Fees. Each of the Parties shall bear their own respective attorneys' fees, cos#s and expenses regarding the Requested Height, including those incurred in fhe preparation of this Agreement. If any I�gal action or any arbifiration or other proceeding is brought for the enforcement of this Agreemenfi or because of an alleged dispute, breach, default or misrepresentation in conrtection with any of the provisions of this Agreement, the successful ar prevailin� party or parties shall be enti#led to reco�er reasonable attorn�ys' fees and other costs and expenses incurred in tha� action or proceeding in addition to any other relief to whic� it or they may be entitled. Page 3 of 4 14. Counterparts and �ax Transmission. Tt�is Agreement may be executed in counterpart and exchanged by facsimile, and all original or facsimile cou�terparts, when taken together, shall be valid as one instrument as though signed in original on. a single page. 15. Authoriza�ion. Any Party signing this Agreement on behalf of an entity other than themselves, hereby represents and warrants that such Party has authority to sign on behalf of the indicated entity. IN WITNESS WHEREOF, Owners hereby execute tF�is Agreement as of �he Effecti�e Date hereunder. The undersigned hereby warrant that they are legally aut�orized� and entitled to settle and to reiease every claim� re e��n released and to give a valid, full and final acquittance t�erefor. �, �,+� DATED; � ��`�� . � DAT�D: � � � � �� / �i ��"`� � �DTARY P'�J�LEG S �'�7 E Of 1�+45#�T�f+l �OF�4ES�k## EX�S . ,1lILY 28, 2�1� Page 4 of 4 Whe� Recorded Mail To: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: City Clerk REC�IVED GENERA� RELEASE AGREEMENT 2006 P4AR - 3 P 12� 0 2 This General Release Agreement ("Agreement") is made and entered into as of �� Effective Date"), by Jonathan Herbert, a single man ancClkUd� F�^ t�i �ESERT Maras, a single man as joint tenants("Owners"), in favor of the City of �iii� D�se�DEPARThENT ("City"). Owners, and City are sometimes hereinafter individually referred to as a"Party" and/or collectively referred to as the "Parties," regarding the following facts: RECITA�S A. The City is in the process of having a soundwall constructed along the north side of Fred Waring Drive between California Drive and Washington Street, located in the City. The City will cause to be constructed an ten foot (10') sound barrier wall ("Wall") alongside Fred Waring to shield residents living adjacent to Fred Waring from the increased noise that will be generated due to the upsurge in traffic. Specifically, the existing walls located beiween Fred Waring Drive and residents' homes will be removed, and replacing these existing walls with the new Wall. Because the construction of the Wall may damage the landscape of the residents living along side Fred Waring, the City will cause the landscape to be repaired and/or replace any damaged landscape B. Owners are the legal owners of property commonly known as 77717 Calle Las Brisas, Palm Desert, California 92211; Assessor's Parcel Number 637-440-003; and legally described as Lot 3 of Tract 1948-1, as shown by Map on file in Book 142, pages 49-54 inclusive of Maps ("Property"). The Property is located alongside Fred Waring. Because the ten-foot (10') Wall is being constructed between the Property and Fred Waring, the City wiil contract to repair and/or replace any of the Owners' landscape that may be damaged as a result of the construction of the Wall. C. Instead of having a ten-foot (10') Wall constructed between the Property and Fred Waring Drive, Owners are requesting a reduction in the Wall height. The Owners' request for a reduction in the Wall height as described in Recitals "B" is hereinafter referred to as the "Requested Height". D. The Parties desire to settle all matters described herein as well as any and all disputes or potential disputes, claims or potential claims, each of the Parties hereto have, had, or may in the future have arising out of any of the Parties' actions with respect to the Requested Height on the terms and conditions set forth in this Agreement, together with such other documents as may be necessary to effectuate the Agreement, rather than incur the costs of litigation and the uncertainties associated therewith. NOW, THEREFORE, in consideration of the height reduction arrangement discussed in Paragraph 2 below, and for other good and valuabie consideration, receipt of which is hereby acknowledged, the Owners agree as follows: Page 1 of 4 1, Incorporation of Recitals. The foregoing Recitals are hereby incorporated by this reference as though fulfy set forth at length herein. 2. Wall Heiqht. City shall construct the Wall to a height requested by the Owner. The height of the wa{I shall be under ten feet (10') in height. 3. Generai Release. Upon construction of the Wall at Owners' requested height as discussed in Paragraph 2, Owners, fos themse4ves and each of their predecessors-in-interest, spouses, relatives, subsidiaries, affiliates, representatives, agents, partners, co-owners, joint venturers, employees and attorneys, past and present, successors, assigns, heirs, executors, administrators and transferees, release the City from any and all causes of action, claims, demands, damages, expenditures, costs, attorney fees, liens, obligations and liability of any type or nature, whether known or unknown, suspected or unsuspected, which Owners may now have or claim to have, or has at any time heretofore had against the City by reason of the matters set forth herein and any claim or interest relating to the Requested Height. 4. Waiver of Civil Code £:1542. Owners hereby acknowledges that they understand the meaning of Section 1542 of the Civil Code of the State of California, which provides as follows: "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 de6tor." 5. Settlement of Disouted Claims. The Parties hereby acknowledge that this Agreement affects the settlement of disputed claims and should not be construed as an admission of liability on the part of any Party hereto. No Party is admitting the sufficiency of any claim, allegation, assertion, contention or position of any other Party, nor the sufficiency of any defense to any such claim, allegation, assertion, contention or position. The Parties have entered into this Agreement in good faith and with the desire to fiorever settle and resolve their claims to the Requested Height. 6. Entire Aareement. Modifications and Waiver. This Agreement constitutes the entire agreement between the Parties with respect to such terms as are included herein and the Parties acknowledge that they have not executed this instrument in reliance on any promise or representation or warranty not contained herein. This Agreement supersedes and replaces aVl prior settlement negotiations andior proposed settlements. This Agreement may not be contradicted by evidence of any prior or contemporaneous oral or written agreement. No alteration, supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all of the Parties hereto. No waiver of any of the provisions of this Agreement shail be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party making the waiver. Page 2 of 4 7. Applicable Law. Jurisdiction and Venue. This Agreement shall be deemed to have been entered into and shall, in all respects, be interpreted, construed, enforced and governed by and under the laws of the State of California. The Riverside County Superior Court, Indio Branch, shall have jurisdiction over the matters presented herein. 8. Section Headinqs, Gender and Svntax. The section and paragraph headings contained in this Agreement are for reference purposes only and shall not affect in any way the construction or interpretation of this Agreement. Whenever in this Agreement the context so requires, the masculine or feminine or neuter gender and the singular and plural number shall be deemed to refer and include the other. 9. No Assianment of Ciaim. The Parties hereby represent and warrant to each of the other Parties that no claims they might have, or do have, and which are otherwise referenced and released by this Ac�reement have been assigned or transferred to any person, corporation or other entity, either voluntarily or involuntarily, and that there are no lawsuits pending between the Parties, other than the Requested Height which is the subject of this Agreement. The Parties hereby agree that they will indemnify and hold each of the other Parties harmless from any loss, including attorney fees and costs incurred, which may result from breach of any term or condition of this Agreement. 10. Bindina on Successors. This Agreement shall be binding on and inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successors, assigns, executors and administrators. 11. No Third Partv Riahts. Except as otherwise expressly set forth herein, nothing contained in this Agreement is intended to confer any right or benefit upon any person or entity other than the Parties hereto and their successors. 12. Severabilitv. If any provision of this Agreement is held invalid or unenforceable, in whole or in part, by any court of final jurisdiction, it is the intent of the Parties that all other provisions of this Agreement be construed to remain fully valid, enforceable and binding on the Parties in all respects as if such invalid or unenforceable provision were omitted. Any court of final jurisdiction wili have the authority to modify or replace the invalid or unenforceable term or provision with a valid and enforceable term or provision that most accurately represents the intention of the Parties. 13. Attornevs' Fees. Each of the Parties shali bear their own respective attorneys' fees, costs and expenses regarding the Requested Height, including those incurred in the preparation of this Agreement. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in that action or proceeding in addition to any other relief to which it or they may be entitled. Page 3 of 4 � 14. Counterparts and Fax Transmission. This Agreement may be executed in counterpart and exchanged by facsimile, and all originai or facsimile counterparts, when taken together, shall be valid as one instrument as though signed in original on a single page. 15. Authorization. Any Party signing this Agreement on behalf of an entity other than themseives, hereby represents and warrants that such Party has authority to sign on behalf of the indicated entity. IN WITNESS WHEREOF, Owners hereby execute this Agreement as of the Effective Date hereunder. The undersigned hereby warrant that they are legally authorized and entitled to settle and to release every claim herein released and to give I'd f II d f' i 'tt th f a va i, u an ma acqui ance ere or. �: � DATED: v �� i;a� /cc.� � �L7- �� ----..��.i' / Jonathan . _ __ �� - (�__ � / Herbert ------a � Nicholas Maras Page 4 of 4 � CALIFORNIA ALL-PURPOSE ACHIlYOWLEDGEMENT STATE OF CALIFOI2NIA COUNTY OF RIVERSID� } } S.S. } On ;� � a°-� I o(n before me, Vicl�ie K. Donati, Undersi�ned Notary Public. personally appeared _�ortig� Y. � p.,, hQ.r-� . � h,� .A )� �1„ rnlra s l'1'I�� personally lmown to zne (01• proved to me on tl�e basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acirnowledged to me tl�at he/she/they executeti the same in his/her/tlleir authorized capacity(ies), and that Uy his/her/their signature(s) on the instrumeut tl�e person(s), or tl�e entity upon beilalf of which tl�e person(s) acted, executed the instrument. WITNESS my havd and official seal. Signafk�r-e � �„__.__k-._—^-,� ` --- �� - _.....,a,�� Nota m�� 398614 �Y PuWtc • Cotifomb MY Comm. � Counry �r�s F�b 7� 2IX '•�- .e- .�.._. This area for ofiieial no�arial seal. 'J�Inen Recorded Mail To: City of Palfm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Atfiention: City Clerk „� � , � � ; .� This General Release Agreement ("AgreemenY') is made and entered into as of ("Effective Date"), by Thomas A. Antonowitsch and Colleen L. Antonowitsch, husband and wife as joint tenants ("Owners"), in favor of the City of Palm Desert ("City"). Owners, and City are sometimes hereinafter individually referred to as a "Party" and/or collectively referred to as the "Parties," regarding the following facts: � A. The City is in the process of having a sour�dwall constructed along the north side of Fred Waring Drive between California Drive and Washington Street, iocated in the City. The City will cause to be constructed an ten foot (10') sound barrier wall ("Wall") alongside Fred Waring to shield residents living adjacent to Fred Waring from the increased noise that will be generated due to the upsurge in traffic. Specificaliy, the existing walls located between Fred Waring Drive and residents' homes wiil be removed, and replacing these existing wails with the new Wali. Because the construction of the Wall may damage the landscape of the residents living along side Fred Waring, the City will cause the landscape to be repaired and/or replace any damaged landscape B. Owners are the legal owners of property commonly known as 77707 Calle Las Brisas, Palm Desert, California 92211; Assessor's Parcel Number 637-440-090; and legally described as Lot 4 of Tract 19748-1, as shown by Map on file in Book 142, pages 49-54 inclusive of Maps ("Property"). The Property is located alongside Fred Waring. Because the ten-foot (10') Wall is being constructed between the Property and Fred Waring, the City will contract to repair and/or replace any of the Owners' landscape that may be damaged as a result of the construction of the Wall. C. Instead of having a ten-foot (10') Wall constructed between the Property and Fred Waring Drive, Owners are requesting a reduction in the Wall height. The Owners' request for a reduction in the Wall height as described in Recitals "B" is hereinafter referred to as the "Requested Height". D. The Parties desire to settle all matters described herein as well as any and all disputes or potential disputes, claims or potential claims, each of the Parties hereto have, had, or may in the future have arising out of any of the Parties' actions with respect to the Requested Height on the terms and , conditions set forth in this Agreement, together with such other documents as may be necessary to effectuate the Agreement, rather than incur the costs of litigation and the uncertainties associated therewith. NOW, THEREFORE, in consideration of the height reduction arrangement discussed in Paragraph 2 below, and for other good and valuable consideration, receipt of which is hereby acknowledged, the Owners agree as follows: Page 1 of 4 1. Incorporation of Recitals. The foregoing Recitals are hereby incorporated by this reference as though fully set forth at length herein. 2. Wall Heiqht. City shall construct the Wall to a height requested by the Owner. The height of the wall shall be under ten feet (10') in height. 3. General Release. Upon construction of the Wall at Owners' requested height as discussed in Paragraph 2, Owners, for themselves and each of their predecessors-in-interest, spouses, relatives, subsidiaries, affiliates, representatives, agents, partners, co-owners, joint venturers, employees and attorneys, past and present, successors, assigns, heirs, executors, administrators and transferees, release the City from any and all causes of action, claims, demands, damages, expenditures, costs, attorney fees, liens, obligations and liability of any type or nature, whether known or unknown, suspected or unsuspected, which Owners may now have or claim to have, or has at any time heretofore had against the City by reason of the matters set forth herein and any claim or interest relating to the Requested Height. 4. Waiver of Civil Code �1542. Owners hereby acknowledges that they understand the meaning of Section 1542 of the Civil Code of the State of California, which provides as follows: °•,4 general release does noi extend io claire9s wrhich ihe credi�or does not knouv or suspect io exisf in his favor a� the 4irne oi execuiing the release, which, if knovura by him, musi have anaterially affected his set4lemeni wi4h ihe debior.°• 5. Settlement of Disputed Claims. The Parties hereby acknowledge that this Agreement affects the settlement of disputed claims and should not be construed as an admission of liability on the part of any Party hereto. No Party is admitting the sufficiency of any claim, allegation, assertion, contention or position of any other Party, nor the sufficiency of any defense to any such claim, allegation, assertion, contention or position. The Parties have entered into this Agreement in good faith and with the desire to forever settle and resolve their claims to the Requested Height. 6. Entire Aareement. Modifications and Waiver. This Agreement constitutes the entire agreement between the Parties with respect to such terms as are included herein and the Parties acknowledge that they have not executed this instrument in reliance on any promise or representation or warranty not contained herein. This Agreement supersedes and replaces all prior settlement negotiations and/or proposed settlements. This Agreement may not be contradicted by evidence of any prior or contemporaneous oral or written agreement. No alteration, supplement, modification or amendment of this Agreement shail be binding unless executed in writing by all of the Parties hereto. No waiver of any of ttie provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party making the waiver. Page 2 of 4 7. Applicable Law. Jurisdiction and Venue. This Agreement shali be deemed fo have been entered into and shall, in all respects, be interpreted, construed, enforced and governed by and under the laws of the State of California. The Riverside County Superior Court, Indio Branch, shall have jurisdiction over the matters presented herein. 8. Section Headinas. Gender and Svntax. The section and paragraph headings contained in this Agreement are for reference purposes oniy and shall not afFect in any way the construction or interpretation of this Agreement. Whenever in this Agreement the context so requires, the masculine or feminine or neuter gender and the singular and plurai number shall be deemed to refer and include the other. 9. No Assianment of Claim. The Parties hereby represent and warrant to each of the other Parties that no claims they might have, �or do have, and which are otherwise referenced and released by this Agreement have been assigned or transferred to any person, corporation or other entity, either voluntarily or involuntarily, and that there are no lawsuits pending between the Parties, other than the Requested Height which �is the subject of this Agreement. The Parties hereby agree that they wili indemnify and hold each of the other Parties harmless from any loss, including attorney fees and costs incurred, which may result from breach of any term or condition of this Agreement. 10. Bindina on Successors. This Agreement shall be binding on and inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successors, assigns, executors and administrators. 11. No Third Partv Riahts. Except as otherwise expressly set forth herein, nothing contained in this Agreement is intended to confer any right or benefit upon any person or entity other than the Parties hereto and their successors. 12. Severabilitv. If any provision of this Agreement is held invalid or unenforceable, in whole or in part, by any court of final jurisdiction, it is the intent of the Parties that ali other provisions of this Agreement be construed to remain fully valid, enforceable and binding on the Parties in ali respects as if such invalid or unenforceable provision were omitted. Any court of final jurisdiction will have the authority to modify or replace the invalid or unenforceable term or provision with a valid and enforceable term or provision that most accurately represents the intention of the Parties. 13. Attornevs' Fees. Each of the Parties shall bear their own respective attorneys' fees, costs and expenses regarding the Requested Height, inciuding those incurred in the preparation of this Agreement. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shali be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in that action or proceeding in addition to any other relief to which it or they may be entitled. Page 3 of 4 14. Counterparts and Fax Transmission. This Agreement may be executed in counterpart and exchanged by facsimile, and all original or facsimile counterparts, when taken together, shall be valid as one instrument as though `signed in original on a single page. 15. Authorization. Any Party signing this Agreement on behalf of an entity other than themselves, hereby represents and warrants that such Party has authority to sign on behalf of the indicated entity. IN WITNESS WHEREOF, Owners hereby execute this Agreement as of the Effective Date hereunder. The undersigned hereby warrant that they are legally authorized and entitled to settle and to release every claim herein released and to give a valid, full and final acquittance therefor. , DATED: � �' � � b � �Jl„�as�rnil Oa��.cu� , �` Thomas �. Antonowiisch DATED: �— �-- �S� �' <., �v2� Colleen L. Anfonowriisch Page 4 of 4 CALIFOR(�IA ALL-f'URPOSE AC6:NOWLEDGMCf�T STATE OF CALIFORNIA } � , } SS. COUNTY OF , �, V O�� i C��S� ) �� On �' l�' .� �L� Z, 7C��(� before me, the undersigned, a Notary Public in and for said State personally appeared �(�N�,� Q�`C� ��j,��(� �'��JJ� ��/� Name(s) of Signer(s) ❑ Personally known to me OR � proved to me on the basis of satisfactory evidence to be the person s� ! ` whose name�{1s �/are subscribed to the within instrument and acknowledged to me that I-�e/she/they executed the same in hisNfier/their authorized capacity(ies'�, and that by hisfY°rer/fheir signature s�n the instrument the perso�'(sA or the entity upon behalf of which the perso � acted, ��i� �� executed the instrument. cAmmi�n��aa97at � �. � �a��N�.��a�� Riv��sEBe Caun�j nAyComm. F,�EresNovb.2�7 (Area above for official notarial seal) Capacity Claimed by Signer ❑ individual(s) ❑ Corporate Officer(s) - Title(s) ❑ Partner(s) ❑ Attorney-in-Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is RepresenYing: Name o.f person(s) or Entity(ies) Wit ss m� a a�fo fi � ial,seal. �, � ��I Si}g�e of Nota � ry �� l Y Name (Typed or Printed) Descrip4ion of A44ached Document (Although this information is optional, it could prevent fraudulent attachment of this certificate to another document.) This certificate is for attachment to the document described below: Title or type of document �ICXI�iS�I.\ \LV �C�n� _ �f�Pl�cVlSd"1� Numberofpages,� ,��.�.��a.fn�`� ��.�Y'i.��c�y;,�� Date of document 3�Z I( �U� U' Signer(s) other than named above SAV-191A (7/98) W edgwood glen Salas, Cora From: THOMAS BERG [berg7@verizon.netj Sent: Tuesday, March 07, 2006 4:15 PM To: Salas, Cora Cc: Garcia, John Subject: Re: Wedgwood glen Page 1 of 2 Cora It is my understanding you will be providing the Wedgwood residents involved with the release documents for the City. Once these are received we will Lock and Load and get started on the vibration study. Yours, Tom ----- Origina] Message ----- From: csalas@ci.palm-desert.ca,us To: berg7@verizon.net Sent: Tuesday, March 07, 2006 9:06 AM Subject: RE: Wedgwood glen No I will just need to get contact information. Who will be obtaining the releases? Cora -----Original Message----- From: THOMAS BERG [mailto:berg7@verizon.net] Sent: Tuesday, March 07, 2006 8:20 AM To: Salas, Cora Cc: Garcia, John Subject: Re: Wedgwood glen Cora We should do the three structures (units) even though they comprise two units each. Will this hold up the process? Tom ----- Original Message ----- From: csalas@ci.palm-desert.ca.us To: berg7@verizon.net Cc: jgarcia@ci.palm-desert.ca.us Sent: Monday, March 06, 2006 4:56 PM Subject: Wedgwood glen Tom, I spoke to Ron Doerr today. He is very cooperative regarding have a survey done at Wedgwood Glen. In each building there are two units. Does MACTECH need to get into three units or buildings? 1 have names, addresses and phone numbers for the first three units. Please advise, Thanks C C'.axa SaPaco Capital Improvement Projects Technician City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 760-346-0611 3/7/2006 �� Wlien Recorded Mail To: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, Cafifornia 92260 Attention: City Clerk GENERAL REL.EASE AGREEl11�ENT This General Release Agreemen# ("Agreement") is made and entered into as of ("Effecti�e Date"), by Anthony R. Fellow and Clara Potes-Fellow, husband and wife as joint tenants/ {"Owners"), in favor of #he City of Palm Desert ("City"). Owners, and City are sometimes hereinaft�r indi�idually referred to as a"Party' andlor collec#i�ely referred to as the "Parties," regarding the following facts: RECITALS A. Tf�e City is in the process of having a soundwall constructed afong the nor�h side of Frecf Waring Drive between California Dri�e and Washir�gfion Street, located in the City. The City wifl cause to be cons�r{�cted �n f�n faot (10'} sound barr�er wall ("Wall") alongside Fred Waring to sh�eld residents li�ing adjacent to Fred Waring from t�te ir�creased noise that wi11 be generated due to the upsurge in traffic. Specifically, the existing walls located between Fred Waring Drive and residen#s' homes will be removed, and replacing these existing walls wifih the new Wall. Because the construction af the Wall may damage #he landscape of the residents li�ing along side F�ed Waring, the City will cause the landscape to be repaired andlor replace any dama�ed landscape B. Owners are the legal owners of property commor�ly known as 77699 Calle Las Brisas, Palm Desert, Califiornia 92211; Assessor's Parcel Numb�er 637-440-005; an� legally described as Lot 5 of Tract 19748-1, as shown by Map on file in Book 142, pages 49-54 inclusive of Maps ("Property"). The Property is located alongside Fred Waring. Because the ten-foot (10'} Wall is being constructed between the Property ar�d Fred Waring, the City will contract to repair ar�dlor replace any of the Owners` landscape that may be damag�d as a result of the construction of the Wall. C. Instead of having a ten-foot (10'} Wafl constructed between the Property and Fred Waring Driv�, Owners are reques�ing a reduction in the Wall heig�t. The Own�rs' request for a reduction in the Wall height as described in Recitals "B" is hereinafter referred to as the "Requested Heigfi�Y'. D. The Parties desire to settle all matters described herein as well as any and all disputes or potent�al disputes, c�aims or potentiaf ciaims, each of the Parties her�to ha�e, had, or may in the fut�re ha�e arising out of any of the Parties' ac#ions with respect to the Requested Heigh� on the terms and conditions set forih in fhis Agreement, tagether wi#h such other documents as may b� necessary to effecivate the Agreemen�, rather �han incur the costs of litigation and the uncertainties associated therewith. N�W, THEREFORE, in consideratior� of the heig�t reduc�ion arran�ement disc�ass�d in Paragraph 2 below, and for other good and valuabEe cor�sideration, receipt of which is hereby acknowledged, t�e Owners agree as follows: Page 1 of 4 , . . ..,r;'�k;.:W- ! ' ,;; ••�:'�, . ' it,� .-'1hv'Fi,'�° . . „ . .��' i.�r �``.•..� `.: '�,ti'Y=., s� ,. 1. fncorporation of Recitals. Th��fQ�`egoirtg Recitais are hereby incarporated by this re#�r�nce as tho�agh fufly set farth �t Cen�tFi herein. . 2. Wall Heipht. City shall construct the Wall to a height reques#ed by the Owner. The height of tf�e wall shall be under fien feef (10'} in height. 3. General Release. Upon construction of the Wafl at Qwners' requesfied he�ght as discussed in Paragraph 2, Owners, for themselves and each of their predecessors-in-interest, spouses, rela#i�es, subsidiaries, affiliates, representativ�s, agents, partners, co-owners, joint venfurers, employees and attorneys, past and present, successors, assigns, hei�s, executors, administrators and transferees, release the City from any and all causes of action, claims, demands, damages, expenditures, costs, attorney fees, �iens, obligations artd liability of any type or nafure, whether known or unknown, �us�ected or unsuspectecf, which Owners may now have or claim to ha�e, or has at any time hpretofore had agains# the City by reason ofi the mat#�rs set fo�th herein and any claim or interest relaiing to the Requested Height. 4. Waiver of Civil Code �1542. Owners hereby acknowfedges tttat they understand the meaning of Section 1542 of the Civil Cocle of the State of Calitornia, which provides as follows: "A general r�lease 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." 5. Settlement of Disquted Claims. The Parties hereby acknowledge that this Agreement affects the set�lement of disputed claims and should not be cortstrued as an admission of liability on #he part of any Party here�o. No Party is admitting the sufficiency of any claim, allegation, assertion, contention or position of any ather Party, nor the sufficiency of any defense to a�y such claim, allegatfon, assertion, contention or position. The Parties ha�e er�tered into this Agreement in good faith and with the desire to forever settle an� resol�e their claims to �he Requested Height. 6. Entire Aqreement. Modifications and Wai�er. T�is Agreement constitutes the enfiire agreement between the Parties with respect to such terms as are included herein and the Parties acknowledge that they have not executed this insfrument in reliance on any promise or r�presenfation or warranty no� contained herein. This Agreement su�ersedes and replaces all prior s�tt�ement negotiations andlor proposed settlements. This Agreement may not b� contradicted by evidence of any prior or contemporaneous orai or written agreement. No altera#ion, supplement, modification or amendmenfi of ti�is Agreem�nt shall be binding unless executed in writing by all of the Parties her.eto. No waiver of any of tMe provisions of this Agreement shall be deemed or shall constitute a waiver of any other �ro�ision, whether or not simi[ar, nor shall any waiver constitute a continuing wai�er. Nv waiver shall be binding unless executed in writing by the Party making the waiver. Page 2 of 4 7. Aqqlicable Law, Jurisdiciion and Venue. This Agreemer�t shall be deemed to have been entered into and shafl, in all respects, be int�rpreted, consfrued, e�forced and go�erned by ar�d under the laws of the State of California. The Ri�erside County Superior Court, lndio Branch, shall have jurisdiction over the matters presentec! herein. 8. Section Headings, Gender and Svntax. The section ar�d paragraph headings con�ained in this Agreement are for reference purposes onfy and shall not affect in any way ihe construction or ir�terpretation of this Agreemert�. Whenever in this Agreement the context so requires, the masculir�e or fiemir�ine or neuter gender ar�d the singular and plural number shall be deemed to refer and include the other. 9. No Assianment of Claim. The Parties hereby represent and warrant to each of the o#her Parties that no claims they might have, or do ha�e, and which are atherwise referenced and released by this Agreement ha�e been assigned or #ransferred to any person, �orporaiion or o#her entity, either vol�ntarily or in�►ol�ntarily, and that there are no lawsuits pending befween the Parties, other than the Requested Height which is the subject of this Agreement. The Parties hereby agree that ihey wifl indemnify and hold each af the other Parties harmless from any loss, including attorney fees and costs incurred, w�ich may result from breach of any term or conditior� of fhis Agreement. 10. Bindinq on Successors. This Agreement shall be binci�ng on and inure to the benefit of #he Parties hereto and their respecti�e heirs, legal representatives, successors, assigns, executors and administrators. 11. No Third Partv Riqhts. Except as otherwise expressly set forth herein, nothing contained in this Agreement is intended to confer any right or benefit upon any person or entity other than the Parties hereto and tF�eir successors. 12. Se�erabifitv. If any pro�ision of this Agreement is hefd inva�id or unenforceable, in whole or in part, by any court of final jurfsdiction, it is the intent of the Parties that all other provisions of this Agreement be construed to remain fully valid, enforc�able and binding on the Parties in all resp�cts as if such invalid or unenforc�able provision were omitted. Ar�y court of f�nal jurisdiction will ha�e the authority to modify or replace the in�alid or unenforceable term or provision wit� a valid ar�d enforceable �erm or �ro�ision that most accurately represents the intention of the Parties. 13. Attornevs' Fees. Each of the Parties shall bear their own respecti�e attorneys' fees, costs and expenses �egarding the Requ�sted Height, including those incurred in the preparation of this Agreement. If any legal action or any ar�itration or other proceedir�g is brought for the enforcem�nt of this Agreement or because of art alfeged dispute, breach, �efault or misrepreseniation in connection with any of the provisiorts of this Agreement, the successfuf or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in that action or proceeding in addition to any other re[ief to which it or they may be �ntitled. Page 3 of 4 14. Counterparts and Fax Transmission. This Agreement may be executed in co�nterpart and exchanged by facsimile, and all original or �acsimife counterparts, when taken #oge#her, shafl be vafid as one instrumer�t as though signed in original on a singfe page. 9 5. Authorizatian. Any Party signing this Agreement an behaff of an entity other than themselves, hereby represents and warrants that such Party has authority to sign on behalf of the in�icated entity. IN WITNESS WHEREQF, Owners hereby execu#e this Agreement as of fhe Effeciive Date hereunder. The undersigned hereby warrant #hat they are legally authorized and entitfed to settle and �o release every claim herein reieased and to give a valid, full and final acquittance therefor. DATED: DATE D: ��,�j�� - Ant�o . Fell �� [��tJl�j Clara Potes-Fellow Page 4 of 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT v- . . . . .:,.:,.:,.� � . .. . . .. . . . .. . . . � _. _ _ . .. � <.� . .. .. . ... ... . . . � }.. . _ . . .. _. -x�. . .. _ �F � } t`� Staie af California � } *�:- ��J �� SS. � :�:: Gounty of � ;' l+ � '� �Gr�l�/�6 �'��r'� �1�,�,��C •. -�-_ On ' o��6 hefore me,�o'c.�'R� � � 8 y� ,:` •� �3te Name antl T 1p�ry/�� r g., "Jane Doe, N�ry Puhlfc"} � �, �� Kr � �� .rf . ;�. personalfy appeared d�✓ � r�� , .:� ?. fJame{� oi signer(df �� ';' �f personally known to me ❑ pro�ed to me on the basis of satisfactory : e�idence � ,. :,��, �' to be the person(.c} whose name(ej is/a�e- � �;' SI� S• GFlOiR�L subscribed to the wi#hin instrument and ;� Corrin�bn #� 1�126b47 acknowledged to me that k�shelthepF executed ep � <:- � ; S� �a N�9/� •�� the same in h�iefher/t�ci� authorized �;� `�� LO�l�n�el�i Cosu�y �.�. [ capacityf,iQs), and fhat t�y �iefher/their ..� � MyComm.ExpNeaJu130,2W7# signature(s�}-on the instrument the person(s}; or .�+ �� ' �' � the entity upor� behalf of which the person(s� �� acted, executed the instrument. �� <�� WIT SS y hand and official seal. }` #� �'�� f £� 5ignatu o h'c � h' ��, � �k �{ r OPTIONAL {; ��{ Thougl� the irtformatior+ befow rs not required by law, it may prove valuable to persons relying on the document and cuuld prevent � �ti fraudulent removal and reattachmeni of this form to another document. '� �:, �4� Descriptian of Attached Document . ��' �> �/� p �'�'. �� 7itle or Type of �ocument: �i��"Zf��G ��Cldt/� !�<<`'�/�71� ;� ��?. � ;}., �' Document Date: � �a�d��l� 'y �f .�. I�umber of Pages: 'x, �' Signer(s) Other Than Named Above: _..._....� �7Ij?(/ � T��fJ�Y '' ��°; / �:. � Capacity(ies) Claimed by Signer �` � // �Q '� Signer's Name: [ !�"� ��f � �C �h� }� .��_'� � 4r �-r �f Individual Top of thumh here ';� �;r ❑ Corporate O#ficer — Title(s): �; �` 0 Partner — ❑ Limited ❑ General ;�;; � ❑ Attorney-in-Fact '�: 0 Trustee �� ❑ Guardian or Gonservator ?`� �*� ❑ Other: � �k � � �� Signer Is Representing: ��t'i� 4� x�: � :ki �k''4:c.� , v w{ `.\.�{ ,'.l.�+ f.:'v: }f :(;- . . . k":`�;[:e;,�xx>t,%t.Sit��l� ..� .k },% .'ft _ ��X�'.':v:�_�[h�.:f�x.iC.x'�,r.��{ :-'t..:t :'�y. � 3999 Netional Notary Association • 8350 �e SotoAve., P.O. Rax 2492 • Ghatsworth, CA 91373-2A02 • www.nationalnotary.org Prod. No. 5907 Reorder. Call Toll-Frae 1-800�876-6827 CALIFQRNIA ALL-PURPOSE ACKNOWLE�GMENT 5tate of Califarnia `� y ss. � County of �;�� k'��' l � `�' , .� ,. �On �Cs�f�vv+��! � ��'��1 L�eforeme, � 1��,fr,�r� � 4,,�.�.'� {�� , �ate � ,�� e and Tille of Officer (e.g., "Jane �oe, No12ry Pu6fc"J � personally appeared � ��'� � G� � 4� . � �-'-� � � �+'�c.� . I Name{s) ot Signer{s) 0 personally known to me �� proved to me on the basis of satisfactory evidence iii 511611�1 �. l�INN6YE ` "'-` CorM+��id►#?60d979 l�k�laiy #� - Cd��r�fa � . wi4+C �� .` .� .� 7 .� � i� � fi i �� ? �' to be the person(s) whose name(s) islare subscribed to the within instrument and acknvwledged to me that helshe/they executed the same in his/herltheir authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf af which the person(s) acted, executed the instrument. . WITNES� my hand an�p,fficial seal. l��J�.ft� � �G.`� � Slgnature of Notary Pufolic �� 4PTIDNAL Though ihe informaiion below is not required by faw, it may prove valua6le to persons relyrng orr fhe dacument and could prevent fraudulent remova! and reattachment of this form to another document. Description of A#tached Dacument Title or Type of Document: �� "l� �� E�` � �-�� `' �''i� Document l3ate: Ivr'+;; �.'� 4� �. �' �'� . ,� Df�+,� Number of Pages: �� r Signer(s) Other Than Named Abo�e: Capacity(ies) Claimed �y Signer Signer's N�me: ��- OF SIGIVER � ,} � ,f :� �} ❑ Individual op o um ere �� ❑ Corporate Officer — Title(s): -� � ❑ Partner — ❑ Limited ❑ General ' � ❑ Attorney-in-Fact ,�} 0 Trustee � :� 0 Guardian or Conservator ' `{� ❑ Other: � . `� 5igner Is Representing: �� .... . . .. ... . ... , .., , .� •� . . . ... . _ . . .}., , , . . .. . " m 1999 National Notary Association � 9350 De Soto Ave., P.O. Boz 2492 • Chatswonh, CA91313-24fl2 • www.NationalNotary.org Prod. No. 5907 Reortler. Call Toll-Free 1-800-87&6827 FLORID A AVE ELKHORN TRTEXAS AVEINDIANA AVE OKLAHOMA AVE VIRGINIA AVEKENTUCKY AVE INDIAN WELLS LNDAKOTA TRTENNESSEE AVELOUISIA N A S T EVENING STAR CIRTENNESSEE AVEVicinity Map 0 440 880 1,320 1,760220 Feet - FRED WARING DRIVE - SOUND WALL IMPROVEMENTS