HomeMy WebLinkAboutKrasner, Diane & Paul / Breza Trust / Thomas Breza; 1994-08-04;I e 0
AGREEMENT AND RELEASE
This Agreement is entered into by and between CITY OF CARLSBAD (hereinafter "CITY"), and F
Krasner and Diane Krasner and The Breza Trust Dated November 20, 1990, Thomas G. Brc
Trustee (hereinafter "RELEASORS") with reference to the following facts:
This agreement is made in order to settle all disputes, controversies and claims between
parties hereto with reference to the partially collapsed adobe wall on the easterly portion of
County Assessor's Parcel Numbers 210-020-21 and 210-020-23 located at 5001 and 5016 Tierra
Oro, Carlsbad, California. In 1989 during the construction of Carlsbad Boulevard Improveme
Phase 11, property owners of said parcels requested that said adobe wall be extended to eight
feet. To accommodate this request, a change order was approved with a Permission For Right
Entry Permit signed by the property owners. On November 14, 1993, said wall partially colla1
resulting in property damage at 5001 Tiena Del Oro. RELEASORS contend that the CIT
responsible for said wall and property damage. In order to forever release any claims, demai
causes of action or otherwise, the parties agree as follows:
RELEASORS do hereby agree to reconstruct said wall and replace damaged landscaping per
scope of work outlined in the Request for Proposal (Exhibit 1).
RELEASORS shall begin or cause to begin the above-referenced construction within 90 day
the execution of this Agreement and it shall be diligently pursued to completion within 120 d
thereafter.
The City shall pay the sum of two thousand seven hundred ninety nine dollars and ninety
cents ($2,799.94) to Paul Krasner and Diane Krasner within ten (10) working days of the dat
the final execution of this Agreement and Release.
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The City shall pay the sum of twenty seven thousand three hundred and twenty one dollars a
sixty two cents ($27,321.62) to The Breza Trust Dated November 20, 1990, in the followi
installments:
1. Ten thousand nine hundred twenty eight dollars and sixty five cents ($10,928.65) wid
ten (10) working days of the date of the final execution of this Agreement and Release
2. Eight thousand one hundred ninety six dollars and forty nine cents ($8,196.49) within I
(10) working days of the date the City verifies that the foundation is poured.
3. Eight thousand one hundred ninety six dollars and forty eight cents ($8,196.48) within t
(10) working days of the date the City makes its final inspection.
The City agrees to inspect the property within one (1) business day of receiving a request frc
Thomas Breza or Penny Breza or designated contractor to verify completion of work under t
above phases and, after said verification, will pay The Breza Trust Dated November 20, 1990 t
appropriate installment within ten (10) business days thereafter. Said payments shall be ma
payable to The Breza Trust Dated November 20, 1990 and delivered to Thomas Breza and Pen
Breza at 11 1 Twin Peaks Dr., Walnut Creek, CA 94595.
The City shall pay the sum of fifteen thousand six hundred twenty two dollars and thirty eii
cents ($15,622.38) to Paul Krasner and Diane Krasner in the following installments:
1. Six thousand two hundred forty eight dollars and ninety five cents ($6,248.95) wid
ten (10) working days of the date of the final execution of this Agreement and Release
2. Four thousand six hundred eighty six dollars and seventy two cents ($4,686.72) wid
ten (10) working days of the date the City verifies that the foundation is poured.
3. Four thousand six hundred eighty six dollars and seventy one cents ($4,686.71) wid
ten (10) working days of the date the City makes its final inspection.
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The City agrees to inspect the property within one (1) business day of receiving a request from E
Krasner or Diane Krasner or designated contractor to verify completion of work under the ab
phases and, after said verification, will pay Paul Krasner and Diane Krasner the appropr
installment within ten (10) business days thereafter. Said payments shall be made payable to P
Krasner and Diane Krasner and delivered to Paul Krasner and Diane Krasner at 16439 Harbl
Lane, Huntington Beach, CA 92649.
The RELEASORS do hereby release and discharge the CITY, its agents and servants, and i
other person or persons, firm, corporation, association, partnership or other entity acting on tl
behalf, of and from each and every claim and/or demand of whatsoever kind or nature, arising
to arise in favor of RELEASORS, including all claims for damages to property, attorney’s fees, 1(
of earnings, loss of services, or special damages of any character, by reason of or growing out
this agreement, the collapse of said wall or construction associated therewith.
AS A FURTHER CONSIDERATION FOR THE MAKING OF THIS SE’ITLEMENT AND PAYMEP
IT IS EXPRESSLY AGREED THAT:
1. This full and final settlement shall never be treated as an admission of Liability
responsibility at any time or in any manner whatsoever on the part of the parties herein release
2. This agreement and release is expressly intended to cover and include all claims ai
attorney’s fees, several or otherwise, past, present or future, which can or may ever be asserted 1
heirs, or otherwise, including all causes of action therefore, as the result of the aforesaid accider
casualty or event, or the effects or consequences thereof.
3. The undersigned understand and agree that this is a full and final release and that t€
agreement and release covers and includes all claims and attorney’s fees of every kind or natur
past, present or future, known or unknown, suspected or unsuspected, and all claims under Sectio
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1542, Civil Code of California, are hereby expressly waived. The undersigned understand si
Section 1542 provides:
"A general release does not extend to claims which the creditor does not know or expect
exist in his favor at the time of executing the release, which if known by him must ha
materially affected his settlement with the debtor."
4. The undersigned will indemnify and save harmless said CITY of Carlsbad and persons ab0
named, its agents, and servants, and any other person or persons, firm, corporation, associatic
partnership or entity acting on their behalf, of and from any and every claim and/or demand
every kind or character, including all causes of action therefor, which can or may ever be assell
by reason of injury to the undersigned as the result of the aforesaid construction, removal,
construction of or existence of said wall or as a result of this settlement.
5. The undersigned shall be considered to have agreed to all the terms of this agreement a
release and that the above-mentioned sum is the entire and only consideration for this agreemt
and release.
6. This agreement and release shall bind and be binding upon the heirs, executc
administrators and assigns of the undersigned.
FOR YOUR PROTECTION, CALIFORNIA LAW REQUIRES THE FOLLOWING TO APPEAR I
THIS FORM:
Among other things, Insurance Code Section 556 provides:
(a) It is unlawful to:
1. Knowingly present to or cause to be presented any false or fraudulent claim for
payment of a loss under a contract of insurance.
2. Knowingly file multiple claims for the same loss or injury with more than one ins1
with an intent to defraud the insurer.
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3. Knowingly prepare, make or subscribe any writing, with the intent to present or
the same or to allow it to be presented or used in support of any such claim.
(b) Every person who violates any provision of this section is punishable by imprisom
in the State Prison, for two, three, or four years, or by fine not exceeding Ten Thous,
Dollars ($10,000), or both.
The undersigned do hereby authorize and direct that payment of said sum be made by chc
or draft payable to the undersigned.
IN WITNESS WHEREOF, the undersigned do hereunto set their hand and seal:
Dated: .1\ \Lr\%q ?QJ.&\LWW\
Dated: 7 1\";\%4 &&$2 k&L$?fkA/
i PAUL KRASNER
DIANE KRASNER
STATE OF CALIFORNIA )
COUNTY OF-fiQSN-DIEGO )
) ss.
p- y, /WG&, )
, 1994, before me, I 2LK kmw IIP
whose name$ ''9 su scribed to the within instrument and a owledged to me thaw2 /- /" executl
4/ - D \/IMYIe
05n.C) P (41. -f>/'qtq.~- Kpfi<& On ru IU I7
personally appeared -- 0 Pa L( /
personally kno
&'p to%<(or proved to me on the basis of satisfactoj evidence) to be the persc
I& authorized capacity, and that by >Yd signature on the instrument the perso
the or the Same enti y! pon behalf of which the person acte F2? executed the instrument.
WITNESS my hand and official seal.
<[') b Notary \/ 'Public- /&v,, r &{2 - - -- +2%/, .& B
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THEBREZATRUST
DATED NOVEMBER 20, 1990
Dated: -fkC~, Id-, CS;9+ JL/G9
THOMAS G. BREZ- TEE
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
) ss.
- 1
On Q~LAL /a I /P 9r/ , 1994, before me, I/ I c /A!/ /%aYd personally apdeared’ -/x’d /no dl & &w4 LL d,&c-
-pmmaUy-knem-i?l-to-me- (or proved to me on the basis oy sadsfactory evidence) to be the pers
whose name is subscribed to the within instrument and acknowledged to me thatshe execut
the same inGher authorized capacity, and that b@her signature on the instrument the persc
or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
YL(i&- (?@&
Notary Public
Dated: f/4/? y
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
1
On 4, before me, 63LETfM A, [#‘C TKdffflR J 2
personally appeared/ a*
personally known to me (~rprewe8-r~e-on-&e-basis-o€-satisfacto~evidence~ to be the pers
whose name is subscribed to the within instrument and acknowledged to me that he/!he executf
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the same in his/ker authorized capacity, and that by his/ker signature on the instrument the persl
or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
4&YA
Notary Public
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< 0 REQUESY FOR PROPOe(- EXHIBIT 1
Please fill in all line items. indicate N/C for NO CHARGE items.
5016 TiEWRA DEL OR0 , CAREBAD, CALIFORNIA SITE ADDRESS:
E9 EM 0 Ll TI 0 N :
1. Demo approximately 220 L.F. by 8 feet high (8~4x16) adobe wall - 2. Demo remainder of concrete footing at north end -
3. Demo 24x24"~ 8' pilaster at north end -
4. Cut back Oleanders and Bougainvilleas for access -
5. Haul off debris to appropriate dump site -
7. Do not demo large pilaster at south end - 6. Backfill and compact to 90% for new wall footing -
PERMIE:
1. Provide construction plan prepared by registered engineer -
2. Secure "NO FEE" building permit from City -
3. Secure right-of-way permit from City -
4. Secure traffic control plan from Crty -
5. Provide traffic control devices -
6. Provide all construction signage and barricades -
7. Provide proof of workman's comp and Contractors License -
8. Notify Dig Alert prior to construction -
CONSTRUCTION:
1. Build approximately 31 0 L.F. by 8 feet tall, 8x4~16 slump block,
solid grout wall;
a. Provide 2" slump cap
b.
c.
d.
Provide isolation joint from south pilaster
Provide 24"x24" in-line pilasters at north end
and at property corner
Provide expansion joints at pilasters e. Price includes clean up -
UNDSCAPiNG:
1. Replace (9) 24' box Melaleuca -
2. Replace (1 0) 5 gallon plants and shrubs -
3. Repair planter, benches, irrigation system, and/or plants as required
at 5016 to return to pre-demolition condition -
I TOTAL -
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Ow ne r 's Initials
Dr. i% Mrs. Krasner Mr. & Mrs. Breza