HomeMy WebLinkAbout1997-04-22; City Council; 14150; SETTLEMENT OF REQUEST FROM PRL PROPERTIES INC FOR REIMBURSEMENT FOR OVERSIZED OFF-SITE SEWER PIPELINE CAMINO HILLS MOBILEHOME PARKr .< 9 0 /-I 1 LB i
CITY OF CARL BAD - AGENDA BILL t b A X/
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AB# )y, j 6 0
CITY MGR. DEPT. CA
CITY ATTY. OFF-SITE SEWER PIPELINE RE: CAMINO HILLS MTG. 4/22/97
&4D. TITLE: SElTLEMENT OF REQUEST FROM PRL
PROPERTIES, INC.FOR REIMBURSEMENT FOR OVERSIZED
MOBILEHOME PARK r
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RECOMMENDED ACTION:
That Council authorize settlement of this case by adopting Resolution
settlement amount.
ITEM EXPLANATION:
This is a request that Council approve a settlement with Mr. Rudolfo Albin,
representative of now defunct PRL Properties, Inc., developer of Camino Hills
Mobilehome Park, for partial reimbursement of costs for oversizing an off-site sewer
pipeline as a condition of that development. The off-site sewer reach installed by PR
properties was accepted by the City as a public improvement on March 7, 1989. Thc
reimbursement amount takes into consideration the viability of the sewer line for its
intended purpose as well as an off-set for expenses that the City may incur for street
improvements required, but not made, by PRL Properties, Inc.
FISCAL IMPACT:
There are sufficient funds in the Sewer Benefit Zone E Fund to cover the settlement
EXHIBITS:
I. Resolution No. 99 - 45 !L
93- 95% , and authorizes the Finance Director to make payment of
Henry Hague’s Letter (attached to resolution as Exhibit A)
Settlement and Release (attached to resolution as Exhibit B)
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0 e Exhibit 1
RESOLUTION NO. 97-452
’ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAC
CALIFORNIA AUTHORIZING THE EXPENDITURE OF FUNDS FOR
SETTLEMENT OF THE MATTER OF PRL PROPERTIES, INC.
WHEREAS, on recommendation of the City Attorney, the City COL
the City of Carlsbad, California has determined that a settlement of the matter c
Properties, Inc. for partial reimbursement of costs for oversizing an off-site sew(
pipeline as a condition of the Camino Hills Mobilehome Park development is in
public interest; and
WHEREAS, there are sufficient funds available in the Sewer Benc
E Fund to pay the settlement,
NOW, THEREFOREl BE IT RESOLVED by the City Council of thm
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council approves the settlement and authorizes
disbursement of $45,000 from the Sewer Benefit Zone E Funds in the matter o
Properties.
3. That the letter from the representative of PRL Properties, Inc.,
accepting the settlement, attached as Exhibit A, is hereby approved.
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4. That the Settlement and Release attached as Exhibit B is her€
approved.
PASSED, APPROVED AND ADOPTED at a Regular Meeting oft
Council of the City of Carlsbad on the 22nd day of April , 1997, t
following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin,
NOES: None
ABSENT: None
ATTEST: -
1 ALETHA L. RAUTENKRANZ, city c1er4
1 1 2 1 I
0 0 Exhibit .A
i LAW OFFICES
FEET, VETTER, KNAUF AND LOY
A PROFESSIONAL CORPORATION
JOHN I. LOY
NORMAN L. VETTER
RAYMOND F. FEIST. JR.
ALAN H. BURSON uENaY R. UAGUE
LISA FRAZEE MORGOSH
JAY J. BROWN
810 MISSION AVENUE. SUITE 300
POST OFFICE BOX 240
OCEANSIDE. CALlFORNlA 92049-0240
TELEPHONE (6191 722-1914
RAYMOND
1916-1!
ROBERT C
1920-1
TELECC
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April 4, 1997 2,ECEIVfiE (6191 72
APR - 71997
(-iJ.'.f ,je C,<LL ..>/ \.L clryl ,qnfixLi'3' Jane Mobaldi, Esquire
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1989
Carlsbad City Attorney's Off ice
RE: PRL Properties Reimbursement Agreement Camino Hills Offsite Sewer CMWD Project No. 92-140
Dear Ms. Mobaldi:
This will confirm PRL Properties' acceptance of the Citl offer to settle the above matter for an immediate cash payment
$45,000.00. As we discussed, PRL Properties is a wholly owr subsidiary of Peroa S.A., a Panamanian Corporation whose sc
shareholder is Rodolfo Albin Luders, father of Rodolfo Albin, J
Rodolfo Albin, Jr. as Chief Executive Officer of PRL Propertie
has requested that payment be made to his father Rodolfo All
Luders, as owner of both corporations which are presently inactiL
to reactivate the corporations to process the settlement paper
I have requested Mr. Albin's attorney in San Diego, Danj Guevara, to provide the documentation you requested concerning 1 Albin's position with PRL and his father's ownership. He wj
attempt to provide this information prior to the City Counc meeting on Tuesday, April 8, 1997.
In light of the settlement amount, it is not economically feasik
Very truly yours,
FEIST, VETTER, KNAUF AND LOY
A Professional Corporation rn% Henry R. ag HRH: j fm u
CC: Mr. Rodolfo Albin, Jr.
Daniel Guevara, Esq.
0 a Exhibit B
RELEASE AND SATISFACTION
KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of the sum of forty five thousand doll
($45,000.00), receipt of which is hereby acknowledge, the undersigned, RODOL
ALBIN does hereby acknowledge full satisfaction and payment of each and every cl,
and/or demand of whatever kind or nature that now exists or may hereafter accrue
behalf of the undersigned against the CITY OF CARLSBAD and CARLSe
MUNICIPAL WATER DISTRICT, their agents and servants, or any other persor
persons, firm, corporation, association, partnership or entity acting on their bet
charged with responsibility for or liable directly, indirectly or vicariously for reimburserr
of the costs of public improvements to the undersigned, alleged to have arisen or resu
from the oversizing of the off-site sewer pipeline as a condition of the development of
Camino Hills Mobilehome Park, in the City of Carlsbad, County of San Diego, Statc
California, and for which said costs the undersigned claims that said CITY
CARLSBAD and/or CARLSBAD MUNICIPAL WATER DISTRICT, their agents
servants, at said time and place, are legally required to reimburse, which liabilit
disputed and denied.
The undersigned does hereby release and discharge said CITY OF CARLSE
and CARLSBAD MUNICIPAL WATER DISTRICT their agents and servants, and
other person or person, firm, corporation, association, partnership or entity acting on '
behalf, of and from each and every claim and/or demand of whatsoever kind or nai
arising or to arise in favor of the undersigned, including all claims for money, by reasc
or growing out of the aforesaid off-site sewer pipeline oversizing.
0 0
AS A FURTHER CONSIDERATION FOR THE MAKING OF SAID SETTLEME
AND PAYMENT, IT IS EXPRESSLY AGREED THAT:
1. All claims, past, present or future, are disputed and this full and final settlen
shall never be treated as an admission of liability or responsibility at any time or in
manner whatsoever on the part of the parties herein released.
2. This release is expressly intended to cover and include all claims and attorn
fees, several or otherrvise, past, present or future, which can or may ever be assertec
heirs, or otherwise, including all causes of action therefor, as the result of the afore
off-site sewer pipeline oversizing.
3. The undersigned understands and agrees that this is a full and final relc
and that this release covers and includes all claims and attorney's fees -. of every kin
nature, past, present or future, known or unknown, suspected or unsuspected, an'
claims under Section 1542, Civil Code of California, are hereby expressly waived.
undersigned understands said Section 1542 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."
4. The undersigned will indemnify and save harmless said CITY OF CARLSI
and CARLSBAD MUNICIPAL WATER DISTRICT, their agents, and servants, and
other person or persons, firm, corporation, association, partnership or entity actin!
their behalf, of and from any and every claim,and/or demand of every kind or char2
including all causes of action therefor, which can or may ever be asserted as the res
the aforesaid off-site sewer pipeline oversizing or as a result of this settlement.
5. The undersigned shall be considered to have agreed to all the terms o
release and that the above-mentioned sum is the entire and only consideration fol
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release.
6. This release shall bind and be binding upon the heirs, executors, administratc
and assigns of the undersigned.
7. The City of Carlsbad releases all claims against PRL Properties, Inc., Rodc
Albin, and any third party for monies necessary to complete off-site street improveme
which PRL Properties, Inc. failed to complete as conditioned in the Camino t-
Mobilehome Park development approval, and for which the City was unable to collect
the bonds due to a default by its insolvent bonding company.
IN WITNESS WHEREOF, the undersigned does hereunto set his hand and s
this day of , 1997
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO 1 ):SS
On before me, , no public, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be
person(s) whose name(s) idare subscribed to the within instrument and acknowled to me that he/she/they executed the same in hislherltheir authorized capacity(ies), that by his/her/their signature(s) on the instrument the person(s), or the entity u behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
SIGNATURE OF NOTARY
I represent plaintiff in this litigation and I have read the foregoing "Release Satisfaction" and have recommended that my client execute the same.
HENRY HAGUE, ESQ.
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0 e Exhibit A
LAW OFFICES
FEIST, VETTER, KNAUF AND LOY
A PROFE5510NAL CORPOR&TION
NORMAN L. VETTER
JOHN I. LOY POST OFFICE BOX 240
RAYMOND F. FEIST. JR.
ALAN H. EURSON
HENRY R. HAGUE TELEPHONE (6191 722-1914
LISA FRAZEE MORGOSH
810 MISSION AVENUE, SUITE 300
OCEANSIDE, CALIFORNIA 92049-0240
RAYMOND f
1915-19
ROEERT C.
1920-19 -
TELECO JAY J. BROWN
April 4, 1997 :pEC$zivE-J 1619) 721-
ABR 6 7 1997
Jane Mobaldi, Esquire
ci.1 (25; C,he;L.”>,.;c- c\r?u’ AnaRwf
Carlsbad City Attorney’s Office
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1989
RE: PRL Properties Reimbursement Agreement Camino Hills Offsite Sewer CMWD Project No. 92-140
Dear Ms. Mobaldi:
This will confirm PRL Properties‘ acceptance of the City1
offer to settle the above matter for an immediate cash payment (
$45,000.00. As we discussed, PRL Properties is a wholly ownt subsidiary of Peroa S.A., a Panamanian Corporation whose so:
shareholder is Rodolfo Albin Luders, father of Rodolfo Albin, JI
Rodolfo Albin, Jr. as Chief Executive Officer of PRL Properties
has requested that payment be made to his father Rodolfo Alb: Luders, as owner of both corporations which are presently inactivc In light of the settlement amount, it is not economically feasib: to reactivate the corporations to process the settlement paymen
I have requested Mr. Albin’s attorney in San Diego, Danic Guevara, to provide the documentation you requested concerning M: Albin‘s position with PRL and his father‘s ownership. He wi: attempt to provide this information prior to the City Counc. meeting on Tuesday, April 8, 1997.
Very truly yours,
FEIST, VETTER, KNAUF AND LOY A Professional Corporation %*A Henry R. ag
HRH: j fm u
cc: Mr. Rodolfo Albin, Jr.
Daniel Guevara, Esq.
m 0 Exhibit B
RELEASE AND SATISFACTION
KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of the sum of forty five thousand doll:
($45,000.00), receipt of which is hereby acknowledge, the undersigned, RODOLI
ALBIN does hereby acknowledge full satisfaction and payment of each and every clz
and/or demand of whatever kind or nature that now exists or may hereafter accrue
behalf of the undersigned against the CITY OF CARLSBAD and CARLSBL
MUNICIPAL WATER DISTRICT, their agents and servants, or any other person
persons, firm, corporation, association, partnership or entity acting on their beh:
charged with responsibility for or liable directly, indirectly or vicariously for reimbursemc
of the costs of public improvements to the undersigned, alleged to have arisen or result
from the oversizing of the off-site sewer pipeline as a condition of the development of tl
Camino Hills Mobilehome Park, in the City of Carlsbad, County of San Diego, State
California, and for which said cdsts the undersigned claims that said CITY C
CARLSBAD andlor CARLSBAD MUNICIPAL WATER DISTRICT, their agents ar
servants, at said time and place, are legally required to reimburse, which liability
disputed and denied.
The undersigned does hereby release and discharge said CITY OF CARLSBA
and CARLSBAD MUNICIPAL WATER DISTRICT their agents and servants, and ar
other person or person, firm, corporation, association, partnership or entity acting on the
behalf, of and from each and every claim and/or demand of whatsoever kind or natur
arising or to arise in favor of the undersigned, including all claims for money, by reason
or growing out of the aforesaid off-site sewer pipeline oversizing.
0 0
AS A FURTHER CONSIDERATION FOR THE MAKING OF SAID SETTLEMEI
AND PAYMENT, IT IS EXPRESSLY AGREED THAT:
1. All claims, past, present or future, are disputed and this full and final settleme
shall never be treated as an admission of liability or responsibility at any time or in a
manner whatsoever on the part of the parties herein released.
2. This release is expressly intended to cover and include all claims and attorne
fees, several or otherwise, past, present or future, which can or may ever be asserted
heirs, or otherwise, including all causes of action therefor, as the result of the afores;
off-site sewer pipeline oversizing.
3. The undersigned understands and agrees that this is a full and final relea
and that this release covers and includes all claims and attorney's fees of every kind
nature, past, present or future, known or unknown, suspected or unsuspected, and
claims under Section 1542, Civil Code of California, are hereby expressly waived. T
undersigned understands said Section 1542 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.''
4. The undersigned will indemnify and save harmless said CITY OF CARLSBi
and CARLSBAD MUNICIPAL WATER DISTRICT, their agents, and servants, and E
other person or persons, firm, corporation, association, partnership or entity acting
their behalf, of and from any and every claim and/or demand of every kind or characl
including all causes of action therefor, which can or may ever be asserted as the resuli
the aforesaid off-site sewer pipeline oversizing or as a result of this settlement.
5. The undersigned shall be considered to have agreed to all the terms of t
release and that the above-mentioned sum is the entire and only consideration for t
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release.
6. This release shall bind and be binding upon the heirs, executors, administratc
and assigns of the undersigned.
7. The City of Carlsbad releases all claims against PRL Properties, Inc., Rod01
Albin, and any third party for monies necessary to complete off-site street improvemer
which PRL Properties, Inc. failed to complete as conditioned in the Camino Hi
Mobilehome Park development approval, and for which the City was unable to collect (
the bonds due to a default by its insolvent bonding company.
IN WITNESS WHEREOF, the undersigned does hereunto set his hand and SE
this day of , 1997
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ):SS
On before me, , notal
public, personally appeared personally known to me or proved fo me on the basis of satisfactory evidence to be tt- person(s) whose name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the same in his/her/their authorized capacity(ies), ar that by his/her/their signature(s) on the instrument the person(s), or the entity upc behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
SIGNATURE OF NOTARY
I represent plaintiff in this litigation and 1 have read the foregoing "Release an Satisfaction" and have recommended that my client execute the same.
HENRY HAGUE, ESQ.
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