HomeMy WebLinkAboutAwad, George and Aida; 1993-06-03;a a
AGREEMENT AND RELEASE
This Agreement is entered into by and between CITY OF CARLS
(hereinafter lvCITYtl) and GEORGE AWAD and AIDA AWAD (hereinaf
l1RELEASORSI1) with reference to the following facts:
This agreement is made in order to settle all disput
controversies and claims between the parties hereto with refere
tothe two story guest structure constructed and presently exist
on the northeasterly portion of the County Assessor's Parcel Num
210-115-11 located at 5480 Carlsbad Boulevard, Carlsb
California. RELEASORS have constructed a two story guest house
said real property which is the subject of controversy
disagreement resolved herein. The CITY contends that said gu
house was constructed in violation of its laws and RELEAS1
contend that they have received all necessary and proper permi
In order to resolve this dispute and to forever release any clai:
demands, causes of action, or otherwise, the parties agree
follows:
RELEASORS do hereby agree to remove the second story of s(
structure located on the northeasterly portion of the Cou:
Assessor's Parcel Number 210-115-11 located at 5480 Carls:
Boulevard, Carlsbad, California. The remaining structure af.
said removal of the second story shall have a maximum height
12,611 (twelve feet six inches). The maximum height shall
measured in accordance with the Carlsbad Municipal Code S21.04.01
RELEASORS shall begin or cause to begin the above-referenc
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removal and reconstruction within 30 days of the execution of t:
agreement and it shall be diligently pursued to completion wit:
120 days thereafter.
The CITY shall pay the sum of Forty-Nine Thousand Eil
Hundred and Thirteen Dollars ($49,813.00) to RELEASORS in
following installments:
1. Twenty-Two Thousand Dollars ($22,000.00) will be paid
RELEASORS on the date of the final execution of this Agreement
Release;
2. Eight Thousand Dollars ($8,000.00) will be paid
RELEASORS on the date the roof, carpeting, plumbing and drywall
the second story of said structure are completely removed;
3. Eight Thousand Dollars ($8,000.00) will be paid
RELEASORS on the date the second story walls of said structure
completely removed;
4. Five Thousand Dollars ($5,000.00) will be paid
RELEASORS on the date the new roof is completely installed on s
structure; and
5. Six Thousand Eight Hundred and Thirteen Doll
($6,813.00) will be paid to RELEASORS on the date the CITY ma
its final inspection.
The City agrees to inspect the property within one
business day of receiving a request from AWAD to verify that
above-described phases 2 through 6 have been completed and, af
said verification, will pay AWAD the appropriate installment wit
ten (10) business days thereafter. Said payments shall be r[
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payable to GEORGE AWAD and delivered to him, care of R. THO1
WOOD, 325 Carlsbad Village Drive, Suite E-2, Carlsbad, CA 9201
2928.
The CITY agrees that, provided such structure complies w
the above, a final inspection and building permit shall be issi
to RELEASORS at no additional cost.
RELEASORS do hereby acknowledge full satisfaction and paymc
of each and every claim or demand of whatever kind or nature tl
now exists or may hereafter accrue on behalf of them against .
CITY, its agents and servants, or any other person or perso:
firm, corporation, association, partnership or entity acting
their behalf, charged with responsibility for or liable direct
indirectly or vicariously for damages and injuries to RELEASOI
alleged to have arisen or resulted from any incident, casualty
event which has occurred or may occur as a result of the issua:
of building permit No. CB 91-1302, in the City of Carlsbad, Cou:
of San Diego, State of California, and for which any damages
which the undersigned claims that the CITY, its agents q
servants, at any time are or were legally liable in damages, wh
legal liability and damages are disputed and denied.
The RELEASORS do hereby release and discharge the CITY,
agents and servants, and any other person or persons, fi:
corporation, association, partnership or other entity acting
their behalf, of and from each and every claim and/or demand
whatsoever kind or nature, arising or to arise in favor
RELEASORS, including all claims for damages to property, attorne:
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fees, loss of earnings, loss of services, or special damages of i
character, by reason of or growing out of this agreement, .
issuance of said building permit or construction associa-
therewith,
AS A FURTHER CONSIDERATION FOR THE MAKING OF THIS SETTLEM
AND PAYMENT, IT IS EXPRESSLY AGREED THAT:
1. All claims, past, present or future, are disputed and t
full and final settlement shall never be treated as an admission
liability or responsibility at any time or in any manner whatsoe
on the part of the parties herein released.
2, This agreement and release is expressly intended to co
and include all claims and attorney's fees, several or otherwi
past, present or future, which can or may ever be asserted
heirs, or otherwise, including all causes of action therefor,
the result of the aforesaid accident, casualty or event, or
effects or consequences thereof.
3. The undersigned understand and agrees that this is a f
and final release and that this agreement and release covers
includes all claims and attorney's fees of every kind or natu
past, present or future, known or unknown, suspected
unsuspected, and all claims under Section 1542, Civil Code
California, are hereby expressly waived. The undersig
understand said Section 1542 provides:
"A general release does not extend to claims which the
creditor does not know or expect to exist in his favor at
the time of executing the release, which if known by him must have materially affected his settlement with the debtor. ts
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4. The undersigned will indemnify and save harmless said C:
of Carlsbad and persons above named, its agents, and servants, i
any other person or persons, firm, corporation, associatic
partnership or entity acting on their behalf, of and from any i
every claim and/or demand of every kind or character, including i
causes of action therefor, which can or may ever be asserted
reason of injury to the undersigned as the result of the afores
construction, removal or existence or the said guest house or a
result of this settlement.
5. The undersigned shall be considered to have agreed to
the terms of this agreement and release and that the abo
mentioned sum is the entire and only consideration for t
agreement and release.
6. This agreement and release shall bind and be binding u
the heirs, executors, administrators and assigns of
undersigned.
FOR YOUR PROTECTION, CALIFORNIA LAW REQUIRES THE FOLLOW
TO APPEAR ON THIS FORM:
Among other things, Insurance Code Section 556 provides:
(a) It is unlawful to:
1. Knowingly present to or cause to be presented
false or fraudulent claim for the payment of a loss undei
contract of insurance.
2. Knowingly file multiple claims for the same loss
injury with more than one insurer with an intent to defraud
insurer D
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3. Knowingly prepare, make or subscribe any writi.
with the intent to present or use the same or to allow it to
presented or used in support of any such claim.
(b) Every person who violates any provision of this sect
is punishable by imprisonment in the State Prison, for two, thr
or four years, or by fine not exceeding Ten Thousand Doll
($lO,OOO.OO), or both.
The undersigned do hereby authorize and direct that payment
said sum be made by check or draft payable to the undersigned.
IN WITNESS WHEREOF, the undersigned do hereunto set their h
and seal this day of June, 1993.
-2LGaJp A.cp.L*cWcq GEORGE AWAD /
&&& AIDA AWAD
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
) ss.
1
On June 3 , 1993, beforeme, k, TH~AA~ /,,)&OD -
personally known to me (or proved to me on the basis
satisfactory evidence) to be the person whose name is subscribed
the within instrument and acknowledged to me that he/she execu the same in his/her authorized capacity, and that by his/ signature on the instrument the person, or the entity upon beh of which the person acted, executed the instrument.
WITNESS my hand and official seal.
personally appeared G.gon 65 G d 4Wt4-y a- &ID/, E. 1?3 LJm
PfWCWALOfFIcEW 8AN DIEoocomnY ullfk#renlsh tp Dec m1m
~~~9*0~c)9*g44899
a*-GD& Notary Public
I represent RELEASORS in this matter and I have read
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foregoing 'IAgreement and Releasell and have recommended that
clients execute it.
n
Dated: rbN,C- 3. py? 3 a>-- 0- R. THOMAS WOOD, ESQ.
Dated: July 8, 1993 B
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
1 ss.
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0 I$& r , 1993, beforeme, personally appeared Claude A. Lewis
Randee Harlib
personally known to me (~xpxo~~xx$~xxxx~x~x~ *x - to be the person whose name is subscribed the within instrument and acknowledged to me that he/- execu the same in his/hexx authorized capacity, and that by hisp signature on the instrument the person, or the entity upon beh, of which the person acted, executed the instrument.
WIT SS my hand d official seal. ~ pLL otary Public
I represent CITY OF CARLSBAD in this matter and I have r( the foregoing "Agreement and Releasell and have recommended that clients execute it.
L*Q*b' RONALD R. BALL, Tf@+=- CARLSBAD CITY ATTORNEY
Dated:
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