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MPH Property Group LLC A2017-178A2017-178 SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT ("Agreement") is made and entered into as of this 24th day of July, 2017 (the "Effective Date") by and among MPH Property Group LLC ("MPH") and the CITY OF CHINO HILLS (the "CITY"). The above parties will be referred to collectively as the "Settling Parties." RECITALS This Agreement is made with reference to the following facts: A. MPH is the owner of the single-family property located at 15704 Country Club Drive, Chino Hills, California 91709 (the "Property"). The Property is zoned for Low -Density Residential (R-S) and is a corner lot at the corner of Country Club Drive and Los Serranos Boulevard; B. In 1980, the County of San Bernardino (the "COUNTY") issued a building permit for the construction of a house and garage on the Property. At that time, the COUNTY did not require that a driveway be nineteen (19) feet in length; C. The then -owner of the Property built the house and garage in accordance with the permits issued in 1980. The driveway accessing the Property was constructed partially on CITY right-of-way and provided access from Country Club Drive; D. The CITY was incorporated on December 1, 1991; E. Sometime after incorporation, the City adopted Section 16.10.050(B)(2)(b)(iv)(A) of the Chino Hills Municipal Code ("CHMC") which provides, as follows: "for front loaded garages where the entrance to the garage is parallel to the street, the distance between the garage door in the closed position and the street shall be a minimum of nineteen (19) feet. This nineteen (19) foot minimum dimension is to allow for the parking of vehicles on the driveway without encroaching into the street." As such, the driveway on the Property became legal nonconforming under the CHMC; F. Further, the CITY constructed a retaining wall on City right-of-way on Country Club Drive in December of 2015, when it constructed curb and gutter along Country Club Drive, and that retaining wall blocked the driveway access to the garage on the Property from Country Club Drive. G. Recitals A through F above together describe the dispute between the parties that this Settlement Agreement is intended to resolve ("Dispute"). G. In order for a driveway to provide access to the garage and to comply with the CHMC, the CITY and MPH have determined that the most cost-effective solution requires MPH to make significant renovations, including adding additional space to the garage, relocating the air conditioning unit and compressor, relocating the gas meter, walling off the existing door, adding a new door, flattening the garage floor and constructing a driveway; H. MPH and the CITY now wish to resolve the Dispute by entering into this Settlement Agreement. I. MPH and the CITY agree that the cost of the Construction is reasonably estimated at $49,957.00. NOW, THEREFORE, in consideration of the mutual covenants and agreements described below, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Settling Parties hereby agree: 1. Obligation of MPH. Within 90 days of the execution of this Agreement, MPH shall obtain the necessary encroachment permit for any construction within public property adjacent to the garage, a building permit(s) and complete in compliance with the CHMC, Title 15 (Buildings and Construction) and Title 16 (Development Code) and in substantial compliance with the building plans submitted and approved by the CITY, attached as Exhibit "A, "a reconfiguration of the garage and the construction of a minimum nineteen foot driveway that provides access from Los Serranos Boulevard, as specifically described in Exhibit "B" ("Construction"), and permit an inspection by the CITY to confirm such completion. MPH shall complete the Construction within one year, including finalizing the building permits issued for the Construction, within one year from the Effective Date of this Settlement Agreement. 2. Obligations of the CITY. Upon execution of this Agreement including the Covenant attached as Exhibit A, CITY agrees to pay the sum of $49,957.00 to MPH for reasonable costs incurred for the Construction. 3. Mutual Releases. a. MPH and its agents, representatives, heirs, and beneficiaries, forever release and discharge the CITY, and its respective officers, elected or appointed officials, attorneys, agents, representatives, directors, members, shareholders, employees, successors, and assigns, and each of them (collectively the "City Parties"), who are each express third party beneficiaries of this Agreement, from any and all past, present or future claims, actions, losses, liabilities, causes of action, liens, demands, rights, damages, costs, attorney's fees, interest, expenses, reimbursement and compensation of any nature whatsoever (collectively, "Claims"), whether known or unknown, disclosed or undisclosed, and whether or not anticipated, in any way related to the Dispute. b. CITY and its agents, representatives, heirs, and beneficiaries, forever release and discharge MPH, and its respective officers, elected or appointed officials, attorneys, agents, representatives, directors, members, shareholders, employees, successors, and assigns, and each of them (collectively the "City Parties"), who are each express third party beneficiaries of this Agreement, from any and all past, present or future claims, actions, losses, liabilities, causes of action, liens, demands, rights, damages, costs, attorney's fees, interest, expenses, reimbursement and compensation of any nature whatsoever (collectively, "Claims"), whether known or unknown, disclosed or undisclosed, and whether or not anticipated, in any way related to the Dispute. Notwithstanding the above, MPH acknowledges that this release does not in any way restrict the CITY from enforcing the CHMC as to any CHMC violations, known or unknown to the CITY, on the Property. c. This Agreement is in full accord, satisfaction and discharge of any and all Claims for compensation of any kind, including lost claims of missed opportunities or lost revenues that MPH may have related to the Dispute. d. Each of the Parties also waives any and all claims for the recovery of any damages, costs, expenses or fees, including attorney fees associated with the matters and claims released herein. e. In connection with the release of the Claims described in this Agreement, each Party to this Agreement, and anyone acting by or through them: (1) Acknowledge that they have been advised by legal counsel and are familiar with the provisions of California Civil Code section 1542, which provides: "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[;]" and (2) Waive any and all rights that they may have under the provisions of California Civil Code section 1542 as well as under any other statute or common law principle of similar effect. In the event that any waiver of the provisions of section 1542 of the Civil Code provided for in this Agreement shall be judicially determined to be invalid, voidable or unenforceable, for any reason, such waiver to that extent shall be severable from the remaining provisions of this Agreement, and the invalidity, voidability or unenforceability of the waiver shall not affect the validity, effect, enforceability or interpretation of the remaining provisions of this Agreement. g• f. Each Party acknowledges and agrees that this Agreement is a compromise and settlement of their disputes and differences, and is not an admission of liability or wrongdoing by any party. Each Party understands that the facts in respect of which the releases made in this Agreement are given may hereafter turn out to be other than or different from the facts now believed by each Party to be true; and each Party hereto accepts and assumes the risk of the facts turning out to be different and agrees that this Agreement will be and remain in all respects effective and not subject to termination or rescission by virtue of any such difference in facts. h. Each Party acknowledges and agrees that nothing contained herein will release or discharge any of them from the rights, duties and obligations assumed under this Agreement. 4. Representations and Warranties. Each Party represents and warrants that he, she or it has not heretofore assigned or transferred, or purported to assign or transfer, any of the claims released pursuant to this Agreement to any other person not a Party hereto, and that he, she or it is fully entitled to compromise and settle same. Each Party indemnifies the other against all costs, expenses, and judgments, including all attorney's fees incurred, in the event any third -party asserts any of the claims released pursuant to this Agreement based upon the assignment or transfer thereof to such third party. 5. No Admissions. Each Party, acknowledges that this Agreement affects the settlement of claims that are denied and contested by the other, and that nothing contained herein can be construed as an admission of liability by or on behalf of either Party, all of which liability is expressly denied. 6. Own Counsel. Each Party acknowledges that he, she or it has been represented by counsel of his, hers or its own choice throughout all of the negotiations that preceded the execution of this Agreement and in connection with the preparation and execution of this Agreement, or if not, I forego and waive the opportunity to obtain the advice of legal counsel. 7. Gender. References to the masculine, feminine, or neuter genders in this Agreement will each be inclusive of the others; references to the singular will include the plural; and references to "person" will include corporation, firm, partnership, trust or other form of association; all as required by the context of this Agreement. 8. Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. In addition, a facsimile or photocopy signed copy of the Agreement will be treated as an original. 9. Captions. The captions of paragraphs contained in this Agreement are for reference only and are not to be construed in any way as a part of this Agreement. 10. Own Costs. As between themselves, each party to this Agreement will bear his, hers or its own costs, expenses, and attorney's fees that he, she or it has heretofore incurred in connection with or arising out of the matters set forth in the Recitals hereinabove. 11. Entire Agreement. This Agreement represents the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. Each of the Parties hereto covenants that he or she has not entered into this Agreement as a result of any representation, agreement, inducement or coercion, except to the extent of representations and/or agreements specifically set forth herein. Each Party hereto further covenants that the consideration recited herein is the only consideration for entering into this Agreement, and that no promises or representations of other or further consideration have been made by any person. Each Party hereto further represents and covenants that in executing this Agreement each Party does so with knowledge of any and all rights which he, she or it may have with respect to the provisions of this Agreement; that he, she or it has carefully read and considered this Agreement and fully understands its contents and the significance of its contents; that he, she or it is entering into this Agreement of his, hers or its own informed and free will and based upon his, hers or its own judgment and that he, she or it has obtained independent legal advice with respect to this Agreement. This Agreement may be amended only by an agreement in writing and duly executed by all the Parties hereto. 12. Binding Effect. This Agreement is binding upon and inure to the benefit of the Parties hereto and to their respective employees, agents, heirs, representatives, and related - party successors and related -party assigns. 13. Severability. In the event any covenant, condition, or other provision herein is held to be invalid, void, or illegal, the same is deemed severed from the remainder of this Agreement and will not affect, impair or invalidate any other covenant, condition, or other provision herein unless a court finds that the stricken provision(s) were integral to the Agreement and that it would be unfair to enforce the balance of the Agreement. If any covenant, condition, or other provision herein is held to be invalid due to its scope or breadth, such covenant, condition, or other provision will be deemed valid to the extent of the scope or breadth permitted by law. 14. Authority. Each Party warrants, represents, and agrees that this Agreement has been duly approved, executed, and delivered and constitutes the valid and binding obligation of such Party; and that the individual executing this Agreement on behalf of such Party has the authority to do so. 15. Arm's Length Negotiations. This Agreement has been negotiated at arms' length between persons knowledgeable in the matters dealt with herein. In addition, each of the Parties hereto has been represented by independent legal counsel of his, hers or its own choice or had the opportunity to have legal counsel but chose not to. Accordingly, any rules of law, including, without limitation, California Civil Code section 1654, or any other statute, legal decision, or common law principle of similar effect, that would require interpretation of any ambiguities in this Agreement against the party that drafted it, is of no application and is hereby expressly waived. The provisions of this Agreement will be interpreted in a reasonable manner to effect the intentions of the Parties hereto and of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the Effective Date. MPH PROPERTY GROUP, LLC By: `/d 6 /t'>OFFA_I CITY OF CHINO HILLS By:, i6MZA T BARTLAM, City Manager ATTEST: By: CHERYL trAZ, City Clerk Approved as to form: By: c� r MARK D. HENSLEY '�' ' ' City Attorney EXHIBIT A [Permitted Garage Plans] A P n P P Lpo. ipPoP;,$M3F j :*0Wiii'P' Pi op vigil liqPirr vii •.11 1311 f i Wu yi $ . ri 1llM ii "��fjd. i� !; }I, +! r,! 1I 1 +� } ` : r li l9 �,, 11 r Isr s i ¢is! ii, 8a, �� �� II{ ; ,ic j !; ; ! it; lib. ,�a,,,,i, 10 R III NI 1 f �6rp rtYY F r P' L v u t. i P P ,F geeectn a"I " st14 s`APagEF'4i -a !��3;Fr II 111 1 Ral irl 1 !# t ' ' I I it's;i 9 i III [ ] r f Country Club Drive Job Description; 1-story addition Job Address: 15704 Country Club Dr Chino Hills, CA 91709 Owner's Name: Joe / joe@cnpcd.net L.B n DRAFTING BUI1D9lG DEIGN MOM 1144 f 1� 0615 E. Fl.ORBICE AVE. ♦ 292 020MEP.G. 90240 ladr*{e+aLmn M 562.6220992 ! 11 Pl} Sy ■ loss :;lossormen •=11.... Country club alevatiofl. seal.1/4.1 0. Country Club st. oloymilsa& seal. r 1/4• ra' . ar.aray..r North oriontatJon 4Xtodor elevation Scale 'WC .1•-' 'Aayxtatlno Boor Ulan foals 1/11' a 1•-0' f 1 j SiCe CALICON01116 PLAN CHOC NOM Nauruan Boor ohm ISSEpusemar- r it (02 Qar Gaep. sw▪ vw• M++•I.wl1 413 (El Living 11 „ddflio, (p)►atchen r- 11111.0. ,w_.., war NOW 1 - r- acs. 1 S I �€ f iF llZ F r r•- r-- F f=� f.: �.. - A F i�. L1 s TO' ) G`4elo 11I'"1 vwat¢,a. !d ` ! Pwwwn. aaa.e.a.R .• .I IIYYa11ai W.ala.Rle.aa.an .Mwarrffma .yew. Q 1.w....r..wYRr AM. agrOM...artill604, • wuma..M.nM.o..aun. a ..a.ua.n.1 e .ww.ae.•.1 y..eeRw *laa ro.• a wvavxu le wh..a•..wa.wr SYMBOLS ...TA • S aay.anla.a ael.ra.aw,maew.a Om —NV* —rvau.r 11 ^...u.w.om. CO —mammon= Stamps SheetTitle Floor Pion and weft - elevations Iu. I�x lot. ..RisMs MINS A.2 • dMrXpp O: 01:06 b'A9NM�Ja i0t i'ilW siren N'9 sox moms IF.itsiK1 slams JNi.uv is ro 1 412 PS 'podu si aoc:GO"SA O 60LT6 VD `SIUH WILD Jo Q MIlin03 t+OLST :MApPV 9o( uop1ppe Moos-T woRdWsba Uo[ lg .-i . �Is�el (1)s -Or NUM vAral 111YII V VI • I VW 5 �s I. 6 ill r grid FI I km I' ! ► Ismi1 I litti 2r en iN 11,4 if jr @ ir • • • aIOr ]ob Description: 1-story adds ion Job Address: 15704 Country aub Dr Chino Hills, CA 91709 Owner's Name:.Joe / joe@arpcd.net • _wa >s I L. A. DRAFTING BUILDING DESIGN SUMO E615 E itgescEAVE. I203 DOWNEY, CA. 96240 Waft, Adam 18. a,M. 7 t, 101.11.141110M.1116... HDU2 .DETAIL N NOT USED BOLLARD DETAIL NEW -TO -EXISTING FT=G I C Z.4 wad *tle� Ire. New mei■Mon we. tr■■.lMO am tabs 40111011.4,0 FOOTING DETAIL ISOONVB RIIMOMINK asmemean COOMOISIIIMINIR '°rr:^.r::. FOOTING DETAIL I B FOOTING DETAIL I'A WEEP SCREED DETAIL G Cod. k : Ob O..rn.n aZa STRUCIUR.L0..6. It O P.OGRAY ND OYIGNATIONORM IFIRUCNMLOYEIWER nlOiGKOmr r..rlO LIKka_ Or�.wel■.tt Oear N.Y. .rr . CI0101.W-♦ra - .�rrr rr...r.lIe.rwaY.r: I e... 1 ecnrrrr I.a.eln011 II mu e....r...rr.e 16a..r n rrw.ee, Io.nor e n...w.,...... I..rr ■ l■.IM.eY\......low.. LIORipw I■e. I ..M..er ▪ rrrn.. 1maw* I 11er1.r5 loin. I le,.. O 11•01,.,1+... ioa:. I COMMIlal (.Sf-- ELa.04, Nb®YKYd■.rINM..WI.n.YeSelud IY.IWools ■b ▪ ..wr mrrlarS laro 'e.R▪ rl▪ ip ee.r.r...ereoer.. 11▪ .MWIR�Iti+ is..=aelq¢¢...Naw. WYi.rYlq.lY •a.0 .wM gYmsti .w7. N V ' ratesmuranor ma mma cars mum rage 1.a'.nnr a,- Lemerw FOOTING DETAIL ,'" neEmgma w"' CUTTING AND NOTCHING' 030113! nn.rmrml i i1E =aro gra MOWYIPr .1a true. a aN.lrl.ro■ REINFORCEMENT DETAIL (212 Da 8 $ I I' t A Stamps SheetTltle Structural Malls 1.F: r �+ 124015 N or D.1 I.r I--� z4.. Iti 4111g1-._r 1" _ I_ �....w._.»lsv=o ' I �v. In M 4X1110151l IVY GABLE END DETAIL 14 EE PI.NIS F132 SEA NM THICKNESS, GRADE AND NAILING USE NIRNDARY NAILING A ALL RIDGES, VALLEYS & OPENINGS ill.r19111.403lVed �aa�arasr EAVE DETAIL 3 PLYWOOD SHEATHING EAVE DETAIL TOP PLATE DETAIL 6 / '7 / -_ I l I . e✓ FRAMING DETAIL NOT USED IMMSOMIIMraers %w,or r..eemmal 10 • 1—HR. EAVE DETAIL N Jarttl Stamps e a. ,134R Sheet Title Structural details D.2 CITY SET -._a .11 itweee • ., ndinzairi mit%/u,c • - v &Mew nemT,+l uaT -0111 EXHIBIT B The Construction includes: Garage reconstruction plan preparation Construct one story addition to garage Close off existing garage door Pour concrete slab to level garage floor Apply for an encroachment permit (for work within public right of way) and construct new concrete driveway in a manner that is in conformity with Chino Hills Municipal Code section 16.10.050(B)(2)(b)(iv)(A) Relocate air conditioner compressor Relocate gas meter