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Home My WebLink About1997-04-22; City Council; Resolution 97-4521 f e 0 Exhibit 1 1 2 3 4 5 6 7 8 9 10 11 00, &E& an8 OWN sea< iLLC3a ornu. ZLSi OZJO zum6 LCLC~~ 03s Earn c25 00 a> slug ac;g QOJ - 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 97-452 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE MATTER OF PRL PROPERTIES, INC. WHEREAS, on recommendation of the City Attorney, the City Council the City of Carlsbad, California has determined that a settlement of the matter of PF Properties, Inc. for partial reimbursement of costs for oversizing an off-site sewer pipeline as a condition of the Camino Hills Mobilehome Park development is in the public interest; and WHEREAS, there are sufficient funds available in the Sewer Benefit Zi E Fund to pay the settlement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cit! Carlsbad, California, as follows: I. That the above recitations are true and correct. 2. That the City Council approves the settlement and authorizes I disbursement of $45,000 from the Sewer Benefit Zone E Funds in the matter of PRL Properties. 3. That the letter from the representative of PRL Properties, Inc., accepting the settlement, attached as Exhibit A, is hereby approved. Ill Ill Ill Ill Ill Ill 9 W 1 2 3 4 5 6 7 8 9 0 su; %E$ 3::s 2L$< 0210 ""50 60 >Y'4 92- ALL, "wg dkSC 9 "09 I 41 E:$ 401 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0. That the Settlement and Release attached as Exhibit B is hereby approved. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the ( Council of the City of Carlsbad on the 22nd day of April , 1997, by tt following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, an NOES: None ABSENT: None ATTEST: a,& 2. ALETHA L. RAUTENKRANZ, City Cler@ 2 I1 0 0 ..Exhibit -A LAW OFFICES FEIST. VETTER. KNAUF AND LOY A PROFESSIONAL CORPORATION 810 MISSION AVENUE. SUITE 300 POST OFFICE BOX 240 NORMAN L. VETTER JOHN I. LOY RAYMOND F. FEIST. JR. ALAN H. BURSON HENRY R. HAGUE TELEPHONE (6191 722-1914 JAY J. BROWN LISA FRAZEE MORGOSH RAYMOND F. FE 1916-1988 OCEANSIDE. CALIFORNIA 92049-0240 ROBERT C. KNL 1920-1979 TELECOPIER 8,ECEiVEO April 4, 1997 (6191 721-894 APR - 71997 ciyy (,r C;,4fiL ..?I ;:r c;?"y A'~ORIW Jane Mobaldi, Esquire 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 Propertie&' acceptance of the City's offer to settle the above matter for an immediate cash payment of $45,000.00. As we discussed, PRL Properties is a wholly owned subsidiary of Peroa S.A., a Panamanian Corporation whose sole shareholder is Rodolfo Albin Luders, father of Rodolfo Albin, Jr. Rodolfo Albin, Jr. as Chief Executive Officer of PRL Properties, has requested that payment be made to his father Rodolfo Albin Luders, as owner of both corporations which are presently inactive. In light of the settlement amount, it is not economically feasible to reactivate the corporations to process the settlement payment. I have requested Mr. Albin's attorney in San Diego, Daniel Guevara, to provide the documentation you requested concerning Mr. Albin's position with PRL and his father's ownership. He will attempt to provide this information prior to the City Council meeting on Tuesday, April 8, 1997. 6 Very truly yours, FEIST, VETTER, KNAUF AND LOY A Professional Corporation 33 Henry R. ag HRH: jfm cc: Mr. Rodolfo Albin. Jr. Daniel Guevara, Esq. 0 0 Exhibit B RELEASE AND SATISFACTION KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of the sum of forty five thousand dolla ($45,000.00), receipt of which is hereby acknowledge, the undersigned, RODOLF ALBIN does hereby acknowledge full satisfaction and payment of each and every cia and/or demand of whatever kind or nature that now exists or may hereafter accrue 1 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 reimburseme 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 oft Camino Hills Mobilehome Park, in the City of Carlsbad, County of San Diego, State California, and for which said costs the undersigned claims that said CITY ( CARLSBAD and/or CARLSBAD MUNICIPAL WATER DISTRICT, their agents a 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 CARLSBI and CARLSBAD MUNICIPAL WATER DISTRICT their agents and servants, and a other person or person, firm, corporation, association, partnership or entity acting on th behalf, of and from each and every claim and/or demand of whatsoever kind or natu 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. * w w AS A FURTHER CONSIDERATION FOR THE MAKING OF SAID SETTLEMENT AND PAYMENT, IT IS EXPRESSLY AGREED THAT: 1. All claims, past, present or future, are disputed and this full and final settlement shall never be treated as an admission of liability or responsibility at any time or in any manner whatsoever on the part of the parties herein released. 2. This release is expressly intended to cover and include all claims and attorney's fees, several or otherwise, past, present or future, which can or may ever be asserted by heirs, or otherwise, including all causes of action therefor, as the result of the aforesaid off-site sewer pipeline oversizing. 3. The undersigned understands and agrees that this is a full and final release and that this release covers and includes all claims and attorney's fees of every kind or nature, past, present or future, known or unknown, suspected or unsuspected, and all claims under Section 1542, Civil Code of California, are hereby expressly waived. The 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 CARLSBAD and CARLSBAD MUNICIPAL WATER DISTRICT, their agents, and servants, and any other person or persons, firm, corporation, association, partnership or entity acting on their behalf, of and from any and every claim and/or demand of every kind or character, including all causes of action therefor, which can or may ever be asserted as the result of 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 this release and that the above-mentioned sum is the entire and only consideration for this 2 ,- 0 W release. 6. This release shall bind and be binding upon the heirs, executors, administrators and assigns of the undersigned. 7. The City of Carlsbad releases all claims against PRL Properties, Inc., Rodolfo Albin, and any third party for monies necessary to complete off-site street improvements which PRL Properties, Inc. failed to complete as conditioned in the Camino Hills Mobilehome Park development approval, and for which the City was unable to collect on the bonds due to a default by its insolvent bonding company. IN WITNESS WHEREOF, the undersigned does hereunto set his hand and seal this day of , 1997 ~. STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO ) ):SS On before me, , notary public, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon 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 and Satisfaction" and have recommended that my client execute the same. HENRY HAGUE, ESQ. 3